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HomeMy WebLinkAbout2017-06-13 Meeting Agendawww.augustaga.gov Special Called Meeting Commission Chamber- 6/13/2017- 11:00 AM 1. Motion to adopt a resolution designating the former Golf Hall of Fame and Gardens located at 1 Eleventh Street an urban redevelopment area and to accept the proposed Cyber Initiative Urban Redevelopment Plan as information and to authorize a public hearing on the plan to be held on June 20, 2017. (Requested by the Administrator) Attachments 2. Motion to authorize the Administrator to execute a Letter of Intent with the Georgia Technology Authority and to negotiate the documents contemplated by the agreement.(Requested by the Administrator) Attachments 3. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Attachments 4. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Attachments Legal Administration Committee Meeting 6/13/2017 11:00 AM Cyber Initiative Urban Redevelopment Plan Department: Presenter:Administrator Jackson Caption:Motion to adopt a resolution designating the former Golf Hall of Fame and Gardens located at 1 Eleventh Street an urban redevelopment area and to accept the proposed Cyber Initiative Urban Redevelopment Plan as information and to authorize a public hearing on the plan to be held on June 20, 2017. (Requested by the Administrator) Background:See attachments. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 101208015\V-1 NOTICE OF PUBLIC HEARING ON URBAN REDEVELOPMENT PLAN ENTITLED “CYBER INITIATIVE URBAN REDEVELOPMENT PLAN” TO WHOM IT MAY CONCERN: YOU ARE HEREBY NOTIFIED that on the 20th day of June, 2017, at ________ __.m., at the Commission Chambers located at 535 Telfair Street, Augusta, Georgia, the Mayor and the Augusta-Richmond County Commission will hold a public hearing on an urban redevelopment plan entitled “Cyber Initiative Urban Redevelopment Plan” (the “Plan”). The Plan sets forth an urban redevelopment project for the urban redevelopment area consisting of the approximately 16.12 acre parcel of land located in Augusta, Georgia, 1 Eleventh Street. The general scope of the urban redevelopment project set forth in the Plan consists of the acquisition, construction, and installation of a public parking deck on a portion of the site. Any interested person may submit oral or written comments on the Plan at the hearing. The Plan is on file with Clerk of Commission, Suite 220, 535 Telfair Street, Augusta, Georgia 30901, and a copy may be obtained from the Clerk’s Office. Clerk of Commission Augusta, Georgia Attachment number 1 \nPage 1 of 1 Item # 1 RESOLUTION AUGUSTA-RICHMOND COUNTY COMMISSION RESOLUTION APPROVING AUGUSTA CYBER INITIATIVE URBAN REDEVELOPMENT PLAN WHEREAS, pursuant to Chapter 61 of Title 36 of the Official Code of Georgia Annotated entitled the “Urban Redevelopment Law,” as amended (the “Urban Redevelopment Law”), the Augusta-Richmond County Commission (the “Commission”), which is the governing body of Augusta, Georgia (“Augusta”), held a public hearing on June __, 2017 on a proposed urban redevelopment plan entitled “August Cyber Initiative Urban Redevelopment Plan (the “Plan”), a copy of which was accepted by the Commission for consideration on June ___, 2017 and is on file with Augusta administrative offices; and WHEREAS, public notice of such public hearing was published in the Augusta Chronicle, a newspaper having a general circulation in the area of operation of Augusta, Georgia on June ____, 2017, and proof of such publication is on file with Augusta administrative offices; and WHEREAS, Augusta previously has prepared and adopted a general plan for the physical development of Augusta as a whole (giving due regard to the environs and metropolitan surroundings) (the “General Plan”) pursuant to the Urban Redevelopment Law; and WHEREAS, the Plan conforms to the General Plan as a whole; and WHEREAS, the Plan will afford maximum opportunity, consistent with the sound needs of Augusta as a whole, for the rehabilitation or redevelopment of the urban redevelopment area described in the Plan by private enterprise; and WHEREAS, the Plan constitutes an appropriate part of Augusta’s workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of pockets of blight, to encourage needed urban rehabilitation, and to provide for the redevelopment of pockets of blight, all as set forth in the Urban Redevelopment Law; and WHEREAS, there will be no families displaced and in need of relocation from the urban redevelopment area described in the Plan, and therefore no methjod for relocation of such families need be provided; and WHEREAS, the Commission on June____, 2017 designated the Cyber Initiative Urban Redevelopment Area described in the Plan as an urban redevelopment area in need of redevelopment under the Urban Redevelopment Law and, after careful study and investigation, now desires to approve the Plan. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission that all statements, findings and recitations set forth in the above and foregoing preambles are hereby determined and declared to be true and correct. Attachment number 2 \nPage 1 of 3 Item # 1 BE IT FURTHER RESOLVED, that, taking into account the results of the public hearing, the Plan and the urban redevelopment project set forth therein are hereby approved; and BE IT FURTHER RESOLVED, that the appropriate officials be authorized to take all appropriate action required to accomplish and give full effect to this Resolution; and BE IT FURTHER RESOLVED, that any and all resolutions in conflict with this Resolution be and the same are hereby repealed; and BE IT FURTHER RESOLVED that this resolution shall be effective immediately upon its adoption by the Augusta-Richmond County Commission. PASSED, ADOPTED, SIGNED, APPROVED AND EFFECTIVE this ___ day of June, 2017. AUGUSTA, GEORGIA By: Mayor of Augusta, Georgia ATTEST: Clerk of Commission Attachment number 2 \nPage 2 of 3 Item # 1 CLERK OF COMMISSION’S CERTIFICATE I, Lena J. Bonner, the duly appointed and qualified Clerk of Commission of Augusta, Georgia (“Augusta”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on June __, 2017 by the Augusta- Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of Augusta, by a vote of _____ Yea and _____ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which Minute Book is in my custody and control. GIVEN under my hand and the Augusta seal, this _____ day of June, 2017. Clerk of Commission, Augusta, Georgia Attachment number 2 \nPage 3 of 3 Item # 1 RESOLUTION AUGUSTA-RICHMOND COUNTY COMMISSION RESOLUTION DESIGNATING CYBER INITIATIVE URBAN REDEVELOPMENT AREA WHEREAS, Chapter 61 of Title 36 of the Official Code of Georgia Annotated, entitled the “Urban Redevelopment Law,” as amended (the “Urban Redevelopment Law”), authorizes Augusta, Georgia (sometimes referred to herein as “Augusta”) to designate an “urban redevelopment area,” which is defined to mean a “pocket of blight” which the Augusta-Richmond County Commission designates as appropriate for an urban redevelopment project; and WHEREAS, the Urban Redevelopment Law defines “pocket of blight” to mean an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; having development impaired by airport or transportation noise or other environmental hazards; or any combination of such factors, substantially impairs or arrests the sound growth of the City, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; and WHEREAS, after careful study and investigation, Augusta desires to designate the area described in Exhibit A attached to this Resolution as an urban redevelopment area to be known as the “Augusta Cyber Initiative Urban Redevelopment Area” and appropriate for one or more urban redevelopment project or projects; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission that the area described in Exhibit A attached to this resolution is hereby found, determined and declared to be an area that falls within the definition of “pocket of blight” and that such area is therefore designated as appropriate for one or more urban redevelopment projects. BE IT FURTHER RESOLVED that any and all resolutions in conflict with this resolution be, and the same are, hereby repealed. BE IT FURTHER RESOLVED that this resolution shall be effective immediately upon its adoption by the Augusta-Richmond County Commission. PASSED, ADOPTED, SIGNED, APPROVED AND EFFECTIVE this ____ day of June, 2017. AUGUSTA, GEORGIA By: Mayor Attachment number 3 \nPage 1 of 4 Item # 1 Attest: Clerk of Commission Attachment number 3 \nPage 2 of 4 Item # 1 EXHIBIT A The Augusta Cyber Initiative Urban Redevelopment Area is generally described as: All that lot, tract or parcel of land, with improvements thereon, containing 16.12 acres, more or less, and being known as 1 Eleventh Street, Augusta, Georgia and Map/Parcel 036-4-001-03-0. Attachment number 3 \nPage 3 of 4 Item # 1 CLERK OF COMMISSION’S CERTIFICATE I, Lena J. Bonner, the duly appointed and qualified Clerk of Commission of Augusta, Georgia (“Augusta”) do hereby certify that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on June ___, 2017, by the Augusta-Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of Augusta, by a vote of ________ Yea and _______ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which Minute Book is in my custody and control. GIVEN under my hand and seal of Augusta this _____ day of June, 2017. Clerk of Commission, Augusta, Georgia (SEAL) Attachment number 3 \nPage 4 of 4 Item # 1 Augusta Cyber Initiative Urban Redevelopment Plan Prepared for the Augusta-Richmond County Commission June 2017 Attachment number 4 \nPage 1 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 1 _____________________________________________________________ AUTHORITY FOR THE EXERCISE OF URBAN REDEVELOPMENT POWERS IN AUGUSTA Georgia’s local governments have the authority to create urban redevelopment areas in the exercise of their urban redevelopment powers as set forth in the Urban Redevelopment Law (Official Code of Georgia Annotated (“O.C.G.A.”) § 36-61-1, et seq.), which was initially adopted by the Georgia General Assembly in 1955 and has been amended from time to time. The Augusta-Richmond County Commission (the “Commission”) voted to exercise the powers conferred upon it by the Urban Redevelopment Law by resolution adopted on March 16, 2010. The Commission also designated its first redevelopment area, the Laney- Walker Bethlehem Urban Redevelopment Area, and approved the redevelopment plan for the Laney-Walker Bethlehem Urban Redevelopment Area that same day. In November 2013, the Commission designated six additional areas in downtown Augusta as urban redevelopment areas. AUGUSTA’S CYBER INITIATIVE URBAN REDEVELOPMENT AREA In support of the community vision for Augusta and in an effort to expand the economic base of downtown Augusta as proposed by the Augusta community and numerous vision and planning efforts, the Commission proposes the adoption of the Cyber Initiative Urban Redevelopment Plan. The former Georgia Golf Hall of Fame and Gardens (Tax/Map 036-4-001-03-0) containing approximately 16.12 acres (the “Property”), is located at 1 Eleventh Street and is approximately two blocks from the Augusta Convention Center. Originally designed as the permanent home of the Georgia Golf Hall of Fame and Gardens, the Property was significantly landscaped including botanical gardens that were open to the public. The facility was closed in June, 2007 due to lack of funding and has sat fallow with the improvements deteriorating since the closure. The property was transferred to the Board of Regents of the University System of Georgia in 2013 and subsequently to the Georgia Technology Authority in March, 2017. Because of its location, the Property is key to widespread redevelopment in downtown Augusta. Due to the continued deterioration of the Property and the potential detrimental effect on other buildings located in the general vicinity as well as potential harm to the general Attachment number 4 \nPage 2 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 2 Cyber Initiative Urban Redevelopment Plan public welfare, the Commission, by resolution adopted June 13, 2017, designated the Property as an urban redevelopment area in need of redevelopment under the Urban Redevelopment Law, to be known as the “Cyber Initiative Urban Redevelopment Area.” The Cyber Initiative Urban Redevelopment Area is located within Augusta’s Downtown Historic District and is currently exempt from ad valorem property taxation. For tax map designation and a map of the Cyber Initiative Urban Redevelopment Area, see Appendix A. The redevelopment of the Property will include an urban redevelopment project consisting of the construction of a parking garage by the Urban Redevelopment Agency of Augusta, known as the Cyber Initiative Parking Deck. The Cyber Initiative Parking Deck is described in this Urban Redevelopment Plan under the heading “Cyber Initiative Parking Deck Urban Redevelopment Project”. This project will provide a significant economic boost to downtown Augusta by supporting the Georgia Cyber Innovation and Training Center to be constructed in the Cyber Initiative Urban Redevelopment Area by the Georgia Technology Authority as described in this Urban Redevelopment Plan, as well as other economic impacts as described herein. DESIGNATED SITE QUALIFIES AS URBAN REDEVELOPMENT AREA As resolved by the Commission, the Cyber Initiative Urban Redevelopment Area possesses features that qualify it as an urban redevelopment area under the Urban Redevelopment Law, including buildings or improvements which by reason of:  Dilapidation, deterioration, age, or obsolescence;  Inadequate provision for ventilation, light, air, sanitation, or open spaces; or  Existence of conditions which endanger life or property by fire and other causes; are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and are detrimental to the public health, safety, morals or welfare. Further, the Cyber Initiative Urban Redevelopment Area substantially impairs the sound growth of Augusta, retards the provision of housing accommodations, or constitutes an economic or social liability and are a menace, by reason of:  The presence of deteriorated, or deteriorating structures;  Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;  Unsanitary or unsafe conditions;  Deterioration of site or other improvements; Attachment number 4 \nPage 3 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 3 Cyber Initiative Urban Redevelopment Plan  Tax or special assessment delinquency exceeding the fair value of the land;  The existence of conditions which endanger life or property by fire and other causes; or  Impairment of development by transportation noise or by other environmental hazards; substantially impair the sound growth of Augusta, constitute an economic or social liability and are a menace. In addition, Downtown Augusta hosts a number of unique conditions that are constraints to redevelopment and negatively impact the Cyber Initiative Urban Redevelopment Area, including:  A levee prevents direct access from the metro area to Downtown Augusta.  Rail lines bisect Downtown Augusta and run through the Downtown Historic District.  An expressway and busy thoroughfares carrying heavy traffic volumes create psychological barriers between Downtown Augusta and adjacent neighborhoods and prevent expansion.  Numerous underutilized and abandoned commercial and residential properties and vacant storefronts cover a significant area.  Multiple ownership serves as a barrier to assembling larger parcels for redevelopment.  Large area of empty surface parking.  Underused land is a constraint to pedestrian-oriented development. As an urban redevelopment area offers local governments the opportunity to promote urban redevelopment projects in areas like Downtown Augusta that would otherwise not receive private investment and redevelopment, the Augusta Cyber Initiative Urban Redevelopment Plan will serve as the catalyst to improve not only the property within the Cyber Initiative Urban Redevelopment Area but also other property in Downtown Augusta. DOWNTOWN AUGUSTA TODAY – CURRENT AND FUTURE LAND USE Downtown Augusta's mix of land uses reflects its history as an urban riverfront center, the growth of which has fanned out to suburban and semi-rural areas. This Urban Redevelopment Plan remains consistent with the land uses described in the 2008 Comprehensive Development Plan (July 2008). Uses include residential neighborhoods of varying ages, a central business district, a concentration of public facilities and higher Attachment number 4 \nPage 4 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 4 Cyber Initiative Urban Redevelopment Plan education institutions, commercial buildings in shopping centers and on individual sites, and industrial scattered sites. These properties are connected by the original street grid pattern established by Augusta’s founder, James Oglethorpe. In many cases, residential, commercial and industrial uses are in close proximity to one another, reflecting development prior to adoption of zoning ordinances. . Downtown Augusta’s place in American history is made evident in its many national and local historic districts and properties, at last count approaching approximately 6,200 properties. The downtown central business district encompasses the rise and fall and rebirth of the Augusta’s development history. Two of the three areas designated as Local Historic Districts by the Augusta-Richmond County Planning Commission are located within this area: Downtown and Olde Town. Additionally, several ofAugusta’s National Register Historic Districts and properties are located partially or wholly within this area, including the Augusta Canal National Heritage Area/Historic Augusta Canal and Industrial District and the Augusta Downtown Historic District. As Augusta grew away from downtown during its rampant sprawl growth period, its population followed, leaving the central business district in distress. Augusta’s consolidated government and several of its key departments have worked in concert with its citizens, business and civic association in creating planning documents and executing strategic economic development incentives and in part have been successful in reversing this disinvestment all guided by the downtown Augusta vision set forth in the 2008 Comprehensive Plan. The continued unified vision and goal is to create a business-friendly downtown environment that attracts new investment and redevelopment while preserving and improving Augusta’s historic structures through rehabilitation and adaptive reuse. Stabilizing the physical community, developing more open space and parks, attracting mixed-use development and improving mobility, access and linkages – whether via pedestrian or bikeways, waterways or roads – are also important to this downtown Augusta’s redevelopment. The Augusta-Richmond County government, dedicated housing and community nonprofits, and leading business groups like Augusta Tomorrow recognize that Augusta’s future redevelopment must include linkages to the best examples of its historic, architectural past – with 21st century improvements – and are working together to attract redevelopment to downtown. Current and future redevelopment opportunities in downtown focus on a unique mix of uses. Redevelopment policies and investments emphasize the strengths and sustainable uses in the downtown area. They include residential, commercial, entertainment, cultural Attachment number 4 \nPage 5 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 5 Cyber Initiative Urban Redevelopment Plan and recreational development. Such mixed use supports economically vibrant live-work- play communities connected by improved roadways and waterways. Improved road connections, sidewalks, bike paths and greenways better connect neighbors and businesses. This transforms a number of disconnected, difficult-to-access and underdeveloped land uses into attractive, economically reinvigorated, pedestrian and visitor friendly communities. Current and future residents, employees, and visitors in Augusta’s urban core are better connected and the downtown better served for the entire county. The Commission has undertaken several steps to revitalize downtown, including the development of the Augusta Convention Center on Reynolds Street, construction of the Common, allocation of transportation sales tax funds collected pursuant to the Transportation Improvement Act or T-SPLOST for improvements to Broad Street, creation of a tax allocation district on lower Broad Street and the designation of several smaller urban redevelopment areas. All of these efforts are designed to be catalysts to revitalizing downtown. Located in close proximity to the Cyber Iniaitive Urvan Redevelopment Area, the Augusta Convention Center represents an approximately $50 million investment by the Commission which in part has contributed to increased interest in downtown Augusta. In February, 2017, the Commission approved a Downtown Redevelopment Plan Update (the “RDP”) prepared by the Augusta Planning Department. The RDP links together Augusta’s efforts to stimulate economic growth through both the Redevelopment Powers Law and the Urban Redevelopment Law and provides an overall view of the opportunities for Augusta to continue expanding its economic base. The plan summarizes many of the proposals and numerous planning efforts made by the community and highlights the need for a coordinated partnership between city departments, the Downtown Development Authority and public/private stakeholders. The plan describes recent changes in Augusta's downtown environment, including a review of its socioeconomic profile and provides an analysis of downtown’s target/market areas, competition, and revenue potential. COMMUNITY VISION The Community Agenda Component of Augusta’s 2008 Comprehensive Development Plan (July 2008) was developed to “guide the city’s future and serve as the basis for the policy decisions of the city’s elected and appointed leaders and staff.” Local redevelopment decisions must be consistent with the recommendations found in the Community Agenda document. Attachment number 4 \nPage 6 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 6 Cyber Initiative Urban Redevelopment Plan These recommendations include the community’s vision for downtown Augusta. Vision for Downtown: Downtown Augusta will maintain and enhance its historic character and unique mix of land uses. Downtown will continue to reflect the predominant characteristics of a historic central business district, while at the same time adapting to the changing environment around it. Underutilized parcels will be redeveloped in a manner consistent with the overall vision for downtown and with respect for existing development patterns and the historic architecture in the area. Redevelopment will include new medium- and high-density housing, additional commercial and office development, new civic and institutional facilities and shopping and entertainment facilities. Adaptive reuse of historic buildings will be a key component. New development will respect the scale, massing, architecture and other design elements of the existing historic structures. As noted in the RDP, “as new businesses are attracted to these available properties, income levels in these market areas will continue to increase. The RDP suggests that efforts to redevelop downtown include: 1. New residential, commercial and institutional development built in accordance with established design guidelines and with respect for the historic character and traditional development pattern of downtown. 2. Medium- and high-density housing in both new structures and existing buildings. 3. Office, retail, service and entertainment development in both new and existing structures. 4. Enhanced arts, entertainment and sports facilities. 5. Stronger physical connections between the riverfront and downtown. 6. Public infrastructure (public buildings, streets, landscaping, parks, sidewalks, etc.) that support and complement other development. 7. Attractive gateways to the city supplemented by a coordinated way -finding signage. 8. Transportation system that accommodates all modes of travel and is accessible to all. Public and private development projects that have been undertaken in line with the downtown vision and recommended development patterns are listed below. Private Projects  Sutherland Mill – medical condos/offices Attachment number 4 \nPage 7 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 7 Cyber Initiative Urban Redevelopment Plan  J.B White’s Building – residential and retail.  Rehabilitation of an defunct hotel into a Holiday Inn Express  Rehabilitation of the Port Royal as office space for Unisys Public Projects  St. Sebastian/Greene Street Extension Project road improvement/extension.  Augusta Convention Center (TEE Center).  Laney-Walker/Bethlehem Redevelopment.  Augusta Judicial Center & John H. Ruffin, Jr. Courthouse.  Headquarters Library for the East Central Georgia Regional Library System.  Augusta University expansion of its medical campus including the new College of Dental Medicine building and the J. Harold Harrison, M.D. Education Commons Building. PLANNING THE COMMUNITY VISION FOR AUGUSTA As summarized in the RDP, since the adoption of the 2008 Comprehensive Development Plan, a number of other plans have been crafted advancing their vision, goals and objectives. These plans include:  Augusta-Richmond County Target Area Master Plan.  The Westobou Vision: Augusta/North Augusta 2009 Master Plan.  Revitalizing the Garden City: Augusta Sustainable Development Agenda 2010.  Walkability and Age-Friendly Streets: Opportunities to Transform Augusta's Built Environment.  Augusta Regional Transportation Study Long Range Transportation Plan 2040. Zoning & Land Use Compatibility The 2008 Comprehensive Development Plan allows for the following uses in or near the Augusta Cyber Initiative Urban Redevelopment Area:  Low-Density Urban Residential  High-Density Urban Residential  Professional Office  Commercial  Industrial Attachment number 4 \nPage 8 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 8 Cyber Initiative Urban Redevelopment Plan  Public / Institutional  Transportation / Communications / Utilities  Parks / Recreation / Conservation  Mixed Use (limited – commercial and institutional predominate in CBD) Downtown Augusta’s physical characteristics are also governed by Downtown Design Guidelines. It subjects properties in the local historic district to design review when changes are proposed to the building exterior. The Downtown Design Guidelines provide variety of design options. The Downtown Design Guidelines are used to help preserve Downtown’s physical attributes. The downtown district is listed in the National Register of Historic Places. This allows property owners to apply for federal tax credits for rehabilitation and local tax abatement. The Levee The levee serves as a critical natural barrier for the Savannah River and is an integral part of downtown. It extends from 10th Street in downtown Augusta to Lock and Dam Park, south of Phinizy Swamp Natural Park. The levee height ranges from 20' at Lock and Dam Park to 35’ in downtown Augusta. Buildings range from mid to high rise. The U.S. Army Core of Engineers constructed the levee to protect the Savannah River from flooding Downtown. It has become a scenic Riverwalk connecting people and buildings to the river. This man-made environmental barrier is an asset to downtown redevelopment. The Augusta Engineering Department strongly recommends new buildings be constructed 15' minimum setback away from the levee and is supported by independent foundations. This is required for emergency response, flood management, utility service and erosion control. All buildings must be built three (3') above base flood elevation and in accordance with the Flood Damage Ordinance. Retaining walls are permitted; they must allow sufficient drainage through weep holes and meet soil erosion and sediment control regulations. Parking decks are permitted and can rise to the height of the levee (35' or 3 decks) prior to other uses built atop it. There is currently no maximum building height. These regulations are reflected in the Zoning Ordinance. Parking In a 2005 Parking Study authorized by the Downtown Development Authority and conducted by Carl Walker Parking Consultants, there are a total of 13,942 parking spaces in downtown, east of 13th Street. This analysis was based on a block-by-block inventory of on-street and off-street parking. The study also states that only 51% of total on-street parking was occupied while 37% total off-street parking was occupied. On-street parking is heavily used because it provides the most convenience and is not strictly regulated. Attachment number 4 \nPage 9 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 9 Cyber Initiative Urban Redevelopment Plan In 2014, the Downtown Development Authority hired Robinson Management Consulting to conduct another study of downtown parking. They also concluded downtown parking is not strictly regulated, as appropriate resources are not allocated to do so. In response, the Downtown Development Authority proposed a parking management plan for downtown. FUTURE PUBLIC AND PRIVATE REDEVELOPMENT PROJECTS AND INVESTMENT WITHIN THE CYBER INITIATVE URBAN REDEVELOPMENT AREA Downtown Augusta has the potential for a sustainable transformation in the future, given the newly merged Augusta University campuses, the State's support for economic development that expands home-grown businesses, and a metro population that increasingly supports the arts, history and culture of Augusta. The State of Georgia has provided $50 million for construction by the Georgia Technology Authority (“GTA”) of the Georgia Cyber Innovation and Training Center (the “Center”) to be located in the Cyber Initiative Urban Redevelopment Area. The facility will be constructed near the levee and will serve as an access point to the levee and the Riverwalk walking paths. The 150,000 square foot facility is designed to promote modernization in cybersecurity technology for private and public industries through unique education, training, research, and practical applications and serve as an incubator for start-up cybersecurity companies. It will also focus on research and development, tapping into the assets of Georgia's research institutions. The center will provide on-site and virtual training, and include classroom space and a 320-seat auditorium. In addition, the Center will provide space for testing new cybersecurity products. By supporting research and development of leading-edge technologies, it will enhance Georgia's ability to attract cybersecurity companies and help maintain Georgia's ranking as the top state for business in the nation. Further, the Georgia Bureau of Investigation's new Cyber Crime Unit will be headquartered at the Center, thereby ensuring a closer alliance among state, federal, and local law enforcement agencies working to address cyber-crime. The Center will also include a Sensitive Compartment Information Facility (SCIF) to meet the high-security needs of government and related contractors. It will house one of the few state-owned cyber ranges in the nation. The cyber range will ensure a safe, protected environment for training and testing skills, cyber defenses, and cyber weapons. Its Attachment number 4 \nPage 10 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 10 Cyber Initiative Urban Redevelopment Plan capabilities will include interactive, simulated representations of networks, systems, tools, and applications. The ground breaking is scheduled for 2017 with the opening to follow in July 2018. CYBER INITIATIVE PARKING DECK URBAN REDEVELOPMENT PROJECT To facilitate the construction of the Georgia Cyber Innovation and Training Center, the Urban Redevelopment Agency of Augusta (“URA”) will undertake an urban redevelopment project consisting of the construction of an approximately 515 space parking deck to provide both public (hourly) parking and licensed parking for occupants, visitors and tenants of the Georgia Cyber Innovation and Training Center (the “Project”). In addition, the Project will provide parking for downtown visitors and convenient parking for visitors to the Riverwalk area. The Project is to be designed and constructed in a manner to enhance the investment made by Augusta in the Augusta Convention Center. The URA will contract with GTA or its designee to construct the Project for the URA. The URA will issue bonds in an amount not to exceed $12,000,000 to fund construction and costs of issuance. Any costs in excess of these amounts will be funded by GTA or the State of Georgia. Subsequent to the construction of the Project, the Project will be acquired by Augusta pursuant to an installment purchase agreement. The Commission, through its various departments, will perform other duties as necessary to implement the Project. As currently foreseen, no relocation activity will be necessary for the implementation of the Project. The Project will be constructed in accordance with the Public Works Law and provides for the participation of private enterprise to the extent feasible. The Project will not require any zoning change and shall be accomplished in accordance with Augusta’s zoning ordinances, as applicable, unless exceptions are made in accordance with the law. The Cyber Initiative Urban Redevelopment Plan conforms to the general plan of Augusta as a whole. The Cyber Initiative Urban Redevelopment Project will constitute an appropriate land use. The Cyber Initiative Urban Redevelopment Area will evidence the support of the Commissioners and Augustans in their downtown which should spark future development. Attachment number 4 \nPage 11 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 11 Cyber Initiative Urban Redevelopment Plan APPROVAL OF THE AUGUSTA CYBER INITIATIVE URBAN REDEVELOPMENT PLAN IS A GOOD POLICY DECISION. IT WILL STRATEGICALLY SUPPORT THE ECONOMIC FUTURE OF AUGUSTA. The proposal to adopt the Urban Redevelopment Plan complements efforts to attract the Georgia Cyber Innovation and Training Center as well as other significant investment and highly valued jobs into Augusta’s downtown, while curtailing any further blight in the general vicinity of Augusta’s investment in downtown. Adoption of the Plan will mark another important action towards ensuring higher value jobs and the economic benefits they provide, which will further improve the quality of life for all residents of Augusta and Richmond County. Attachment number 4 \nPage 12 of 14 Item # 1 Augusta’s Cyber Initiative Urban Redevelopment Plan Page 12 Cyber Initiative Urban Redevelopment Plan Appendix Appendix A. 1. Cyber Initiative Urban Redevelopment Area Plan Boundary Map Attachment number 4 \nPage 13 of 14 Item # 1 Attachment number 4 \nPage 14 of 14 Item # 1 Legal Administration Committee Meeting 6/13/2017 11:00 AM Letter of Intent GTA Department: Presenter:Administrator Jackson Caption:Motion to authorize the Administrator to execute a Letter of Intent with the Georgia Technology Authority and to negotiate the documents contemplated by the agreement.(Requested by the Administrator) Background:See attachment. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 1 ________ ________ Letter of Intent Georgia Cyber Innovation and Training Center Augusta Parking Deck By this Letter of Intent (“LOI”), the Georgia Technology Authority (“GTA”) and the City of Augusta, Georgia (“City”), confirm their intention to enter into a binding definitive agreement (the “Definitive Agreement”) pursuant to which GTA will construct a parking deck (the “Deck”) for the Georgia Cyber Innovation and Training Center (the “Center”) on a portion of the property (the “Parcel”) currently owned by GTA in the City. The parties agree that they shall negotiate in good faith toward execution of the Definitive Agreement without any obligation of either party with respect to the terms of such agreement or the execution of such agreement, except as provided herein. The parties acknowledge and agree that the City may utilize the Urban Redevelopment Agency of Augusta (the “URA”) to facilitate the borrowing of funds to construct the deck and in such event, the URA may be substituted for City as a party to the Definitive Agreement. The Definitive Agreement will include, but not be limited to the following specific terms and conditions: 1. Parties to the Definitive Agreement will be the City and GTA. The interest of the City in the Definitive Agreement may be assigned to the URA or URA may be a party to the Definitive Agreement; GTA reserves the right to assign the Definitive Agreement to another state entity. 2. GTA will cooperate with the City in the designation of the property and/or the Parcel as an urban redevelopment area. 3. The City agrees to enter into an installment purchase agreement with the URA for the acquisition of a parking deck (described below) by which the City will make interest and/or interest and principal payments sufficient to Attachment number 1 \nPage 1 of 6 Item # 2 Georgia Cyber Innovation and Training Center: Augusta Parking Deck Letter of Intent 2 ________ ________ cover the debt service on $12 million in bonds to be issued by the URA. The net proceeds from the bonds is estimated to be approximately $11.5 million and will fund in whole or in part the construction of a three story parking facility with approximately 575 parking spaces (the “Deck”). The Deck will be designed (including façade design) and constructed in a manner consistent and/or complementary with the other City funded improvements located near the Parcel. 4. GTA will convey an estate for years (not to exceed twenty (20) years) in the Parcel to the URA prior to the issuance of the bonds to allow for the timely issuance of the bonds and construction of the Deck. Following the expiration or termination of the estate for years, title in the Parcel will revert to GTA. 5. The City agrees it will work in good faith to make funds available for the construction of the Deck on or about August 1, 2017. 6. GTA will construct the Deck on the Parcel. It is anticipated that construction of the Deck will be completed on or before July 10, 2018. 7. The City acknowledges that the Deck is a key component in the successful accomplishment of the several missions that will be conducted in the Center. 8. After satisfaction of the bonds, the URA will convey the Parcel and improvements to the City and the City will subsequently convey its estate for years in the Parcel, together with the Deck constructed thereon, back to GTA no later than two (2) years following the retirement of the bonds issued to fund the construction cost. The parties acknowledge that it is anticipated that the purchase agreement obligation (and subsequent satisfaction of the bonds) will be satisfied from a future SPLOST and at this point the parties cannot determine when such a SPLOST will be approved. 9. GTA, at its sole discretion, reserves the right to retire the City’s or URA’s indebtedness associated with the construction of the Deck early to facilitate termination of the estate for years prior to its normal expiration date. In addition, GTA would pay to the City the present value of the two years of revenue, as described in number eight above, in the event it exercises this option. The City and URA agree to work in good faith to facilitate such a Attachment number 1 \nPage 2 of 6 Item # 2 Georgia Cyber Innovation and Training Center: Augusta Parking Deck Letter of Intent 3 ________ ________ transaction. In the event that GTA elects to retire the debt early, GTA will pay all costs and fees associated with the early retirement, including but not limited to any redemption premiums, attorney fees, costs associated with establishing a sinking fund, any negative arbitrage costs, and any and all other costs and/or expenses related to the retiring of the debt before any call date. 10. GTA will manage the construction and procurement of the Deck and agrees that it will be responsible for any and all cost for such exceeding $11.5 million funding provided by the URA/City. GTA will include in any contracts for the construction of the Deck provisions encouraging the use of local contractors, local small businesses, and the local purchase of goods and services. 11. GTA will review with the City the design work and will provide the City frequent updates of its construction, schedule, and detail budget reviews. 12. GTA will pay all invoices associated with the construction of the Deck and the URA/City agrees to reimburse GTA for such cost within fifteen (15) business days of GTA properly submitting a request for reimbursement. 13. GTA agrees that all revenues generated by the Deck will be the property of the City until termination or expiration of the estate for years. It is anticipated that the revenues will be used for operational expenses and installment purchase payments (debt service payments) associated with the bonded indebtedness incurred for the building of the Deck or for other uses as determined by the City. 14. After the construction of the Deck, GTA agrees it will maintain the Deck and keep it in good working condition. Furthermore, GTA will be responsible for all expenses related to the day to day maintenance of the Deck including but not limited to the following expenses: striping, replacement and repair of lighting and light bulbs, periodic cleaning of the Deck, as well as the costs for electrical, water, and grounds keeping services. GTA will not be responsible for any: Deck management company fees; personnel costs; personnel office space equipment such as copiers, paper, toner, office cleaning, desks, uniforms, televisions, television cable service fees, or telecommunications Attachment number 1 \nPage 3 of 6 Item # 2 Georgia Cyber Innovation and Training Center: Augusta Parking Deck Letter of Intent 4 ________ ________ costs. The City/URA will be responsible for any non-wear and tear repair including but not limited to the following causes: fire, natural disasters and acts of God, damage from automobile accidents, and vandalism. 15. Until the estate for years is terminated or expires,, the City agrees that it will be responsible for all expenses associated with managing and staffing the Deck operation including the collection of all revenues. 16. GTA agrees to lease a minimum of two hundred fifty (250) parking spaces at a cost of fifty dollars ($50) per space per month once the Deck is available for use. GTA may require that some of these spaces have signage for “reserved spaces” while the majority will be for open parking. Students of the Center will come and go at various times of the day for both day and night classes using and reusing these spaces. The City will provide GTA the City’s then current monthly rate for a parking space, which GTA may lease additional spaces on a monthly basis at the normal rate so it can sublease and incorporate into a non-government tenant’s building lease agreement if requested to do so by tenant and the City/URA agrees that it will honor the then current rate used in tenant’s lease for the term of said lease; GTA may lease additional “government rate” spaces at the defined rate in the agreement. GTA and the City will work in good faith on establishing processes and procedures for Deck usage. If the bonds for the construction of the Deck are issued as tax-exempt, GTA to take such action as reasonably requested regarding the use of the Deck to prevent the bonds from losing their tax-exempt status. 17. GTA understands that the Deck will also be used for public paid parking in addition to parking for the Center. The City shall be free to charge the public and other non-governmental agency tenants of the Center its then current rate for hourly, daily and/or monthly parking. 18. The City agrees that GTA will likely need to meet certain requirements for the “secure building” of the Center and will install Deck surveillance equipment. All costs beyond what has been included in the Deck construction budget associated with the purchase and installation of said equipment shall be borne by GTA. Furthermore, the maintenance, repair, and replacement of the surveillance equipment shall be borne by GTA. Attachment number 1 \nPage 4 of 6 Item # 2 Georgia Cyber Innovation and Training Center: Augusta Parking Deck Letter of Intent 5 ________ ________ Monitoring of the Deck will be as determined by GTA in its sole discretion. The City will have no obligation to monitor the Deck except in its normal providing of police services as it would for any similar facility. 19. The City will either self-insure or provide property and liability insurance coverage insuring the Deck and will designate GTA as a named additional insured. 20. Naming rights for the Deck shall be retained by GTA. In addition GTA reserves the right to approve any signage. 21. The terms outlined in this Letter of Intent express the intent of the parties and shall be superseded by the Definitive Agreement once executed by the parties. If the parties fail to execute the Definitive Agreement by June 15, 2017, then this Letter of Intent shall be null and void. [Balance of page intentionally left blank] Attachment number 1 \nPage 5 of 6 Item # 2 Georgia Cyber Innovation and Training Center: Augusta Parking Deck Letter of Intent 6 This ________ day of June, 2017. Georgia Technology Authority By: ______________________ Calvin Rhodes Executive Director Augusta, Georgia By: ______________________ Its: ______________________ Attachment number 1 \nPage 6 of 6 Item # 2 Legal Administration Committee Meeting 6/13/2017 11:00 AM Legal Meeting Department: Presenter: Caption:LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Legal Administration Committee Meeting 6/13/2017 11:00 AM Legal Meeting Affidavit Department: Presenter: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4