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12/15/2008CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER December 15, 2008 Present: Frank Hibbard Mayor George N. Cretekos Vice-Mayor Carlen Petersen Councilmember John Doran Councilmember Paul Gibson Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 1:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Four service awards were presented to City employees. Kerry Kimball, Parks & Recreation, was presented the November 2008 Employee of the Month award. Deborah Weitzel, Fire Department, was presented the December 2008 Employee of the Month award. Economic Development and Housing Accept the Local Housing Incentive Strategy (Report) developed by the Affordable Housing Advisory Committee and direct staff take the necessary steps to incorporate the appropriate strategies into the Local Housing Assistance Plan. During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving State Housing Initiatives Partnership (SHIP) funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City's existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution No. 08-15 that created and appointed the AHAC. Work session 2008-12-15 The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City's adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: (a) The processing of approvals of development orders or permits, as defined in F.S. 163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Q) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. In July, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy in cooperation with the City's staff and the AHAC. The Local Housing Incentive Strategy encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development of affordable housing in the City of Clearwater. The AHAC convened on four separate occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater's affordable housing and develop a vision statement to be included as part of the Local Hosing Incentives Strategy. A separate focus group consisting of for-profit and non-profit affordable housing developers was also organized in order to gain additional insight and recommendations concerning the incentive strategies. The report highlights an affordable housing vision statement that was derived from input by board members. Additionally, AHAC members focused on the values that affordable housing brings to the City of Clearwater. The themes identified centered on the values that affordable housing supports a dynamic and competitive economy, improves the social well being that builds a sense of community, and ensures that the City's workforce can live within the City limits. Furthermore, the AHAC also identified and recommended provisions that would identify adaptive reuse practices, require triennial updates to the City's Local Housing Incentives Strategy, support design standards for affordable housing developers, improve communication and marketing channels for affordable housing, diversify financing resources, and support development of public and private partnerships for the provision of affordable housing. Work session 2008-12-15 2 By statute, the initial report must be submitted to City Council by December 30, 2008. After the initial submission, the reports are due every three years on December 31St of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The City Council is being asked to review the Local Housing Incentives Strategy recommendations that were approved by the AHAC on November 19, 2008. By March 31, 2009, the City Council will be asked to adopt an amendment to the Local Housing Assistance Plan (LHAP) to incorporate the local housing incentive strategies it will implement for the City of Clearwater. The amendment must include, at a minimum, the State required incentive strategies specified above. Upon approval, the City of Clearwater is required to notify the State of its adoption of an amendment to its LHAP to incorporate the incentive strategies. The notice must also include a copy of the approved amended plan in order to comply with the SHIP programs participation guidelines. It was suggested that staff contact the Pinellas County Legislative Delegation regarding expanding the Low-Income Housing Tax Credit's school proximity requirements as area municipalities may be impacted by proposed school closures. Police Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding 2008/2009 Day Center operations and authorize the allocation of $119,470.00 of General Fund Unappropriated Retained Earnings to fund this program. (consent) The Clearwater Homeless Intervention Project shelter opened in April 1998, and since that date has provided a safe overnight facility for homeless persons and essential support services to help individuals and families begin to improve their lives. In CHIP's continuum of care, there are currently three (3) programs offered: outreach and assessment to the day center component; emergency housing in the shelter services; and transitional housing at the Parkbrooke Apartment Complex. As with many other charitable non-profit organizations, CHIP has realized a significant reduction in charitable donations. CHIP is currently projecting a budget shortfall of $119,470.00, which is the annual cost of maintaining the day center program. The CHIP "day center' program is, for many of those who find themselves homeless, the first step in making the move from the streets to self-sufficiency and housing. The services offered by the day center focus on providing basic needs either by CHIP direct services or by providing office space for other agencies. From October 1, 2007-September 30, 2008, CHIP provided over 30,000 services to nine hundred (900) unduplicated individuals in the day service program. The current average per day is eighty (80) homeless individuals for whom there is no bed space in the shelter. The impact of this program termination will place an additional average of eighty (80) homeless persons in the East Gateway and downtown areas of Clearwater. A first quarter budget amendment will transfer $119,470.00 of General Fund Unappropriated Retained Earnings to special project 181-99274, "Homeless Shelter', to provide funding for this program. Work session 2008-12-15 Police Chief Sid Klein reviewed fundraising efforts and history of City contributions since 1993. CHIP's overall annual budget is $500,000 and receives $40,000 from Pinellas County. In response to questions, CHIP Executive Director Ed Brant said the shelter is considering consolidating services with West Care. CHIP serves 80 to 100 individuals each day. Mr. Brant said 30% of the homeless will enter a shelter program and 27% will seek permanent housing. Chief Klein said closing the shelter would create an influx of homeless in downtown and the east gateway and force police officers to move the homeless around due to complaints. Discussion ensued. Concern was expressed regarding the City's ability to support CHIP and other non-profits. It was stated that CHIP was originally a council- driven initiative. Engineering Approve a Lease Modification Agreement between the City of Clearwater, Silver Dollar Trap Club, Inc. and Silver Dollar Shooters Resort, L. L. C., amending the Lease Agreement dated February 14, 1994 between the City and Silver Dollar Trap Club, Inc. with respect to 18.18 acres, more or less, in the Southeast 1/4 of Section 19, Township 27 South, Range 17 East, Hillsborough County, Florida; declare same as surplus for the purpose of granting an option to extend said Lease for one additional term of five (5) years, and consent to the Assignment, Assumption and Modification Agreement integral therewith by and between Silver Dollar Trap Club, Inc., Silver Dollar Shooters Resort, L. L. C. and NHC-FL8. L. P.. and authorize the appropriate officials to execute same. On February 14, 1994 the City entered into a fifteen (15) year Lease of 18.18 acres of the City's Hillsborough County "Sludge Farm" with Silver Dollar Trap Club, Inc. ("Lessee"), a Florida corporation that operated a 57-acre trap club immediately adjacent on the west. The monthly rent was established at $393.90 per month throughout the Lease term. The Lease parcel has since been improved with three of the Club's thirteen trap stands, the balance of the Lease lands being a buffer between club activities and the City's remaining 444 acres of agricultural lands. On February 5, 1999 the Lessee sold the Silver Dollar Trap Club, and other property, to NHC-FL8, L. P., a Delaware limited partnership, and entered into license agreements then, and again in 2000, with the new owner and its operating entity, without formally assigning the leasehold interest it had with the City. Among its provisions, the subject Modification Agreement amends the original 1994 Lease as follows: 1) It grants the Successor Lessee the option to extend the Lease term for one five (5) year term from February 14, 2009 through February 13, 2014. 2) Upon City approval of the Modification Agreement, the monthly rent will adjust to $825.00 per month for the period January 14 - February 13, 2009, then increase with the CPI index as of 12/31/2008, or 3%, whichever is greater 2/14/2009 and each anniversary thereafter during the extension should the Lessee exercise that option. Work session 2008-12-15 4 3) Obligates both the Original Lessee and the Successor Lessee to fulfill all lease obligations to the City on a pro-rata basis, including any environmental remediation that may be required upon lease termination as a result of trap club activities. The City Commission did not declare the subject Lease lands as surplus upon entering into the 1994 Lease. Declaring the lands as surplus for the purpose of approving the Modification Agreement and granting the option to extend the Lease for one additional five (5) year term brings Council actions into compliance with the current City Charter. City approval of and consent to the Assignment formally conveys the Lessee's leasehold interest into the Assignee and Licensee as described therein, and obligates all parties to jointly, on a pro-rata basis, fulfill all obligations to the City imposed in the Lease. Staff was directed to contact Lessee regarding possible purchase of parcel. Planning Approve amended and restated Development Agreement for property located at 100 Coronado, between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-00001)and adopt Resolution 08-14. The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used as a temporary City public parking lot. On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-00001). These development approvals authorized the following: • Use of 250 hotel rooms from the Beach by Design density pool; • Maximum building height of 150 feet; • Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street; • Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard; • Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and • Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004-02013A). On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which dealt with issues associated with Work session 2008-12-15 Beach Walk construction and the timing of the dedication of land for Relocated 1 st Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1 st Street. On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible Development application for the construction of a 450-room overnight accommodation use (250-room hotel and 200-room timeshare) (FLD2008-05013). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: • Updates the provisions of the Development Agreement to current conditions, reflecting changes due to Beach Walk construction and other surrounding conditions, as well as the current proposed development; • Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located on the approved plan, which is no longer proposed); Updates the public parking options to reflect the developer's option to pay in lieu of providing the parking spaces on-site; • Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns regarding employee parking issues; • Updates the developer's pro rata share of the Beach Walk construction to indicate what the developer has paid to date and the remaining obligation to meet the prior commitment; The currently approved Development Agreement, along with the associated resort pool units, expires in 2015. This proposed amended Development Agreement does not extend this date. It does propose to give the developer three years to commence vertical construction and the opportunity to request a time extension from City Council extending through the 2015 date. The proposed amended Development Agreement also requires the City to consider (but not necessarily adopt) amendments to the previously approved vacation ordinances that expire in March 2010 if vertical construction has not commenced. The Community Development Board reviewed this Development Agreement application at its public hearing on October 21, 2008, and unanimously recommended approval of the application (DVA2008-00001). Following the CDB meeting, there have been changes to the Agreement negotiated by the City Attorney. Specifically, The Agreement has been changed to require commencement of the Project within three years and several other minor changes related to timing of commencement and the ability to have Concession on the beach and the related documents and provisions have been deleted. Concern was expressed regarding Related Group's corporate officer not attending Thursday's meeting. It was stated that the 250-unit density pool extension would soon expire and would need to go back to DCA if lapsed. Work session 2008-12-15 6 Legal Approve amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR) and according to comments from the Florida Department of Community Affairs (DCA) and adopt Ordinance 7993-08 on second reading. On September 4, 2008, the Clearwater City Council approved on first reading amendments to the Clearwater Comprehensive Plan as recommended by the Evaluation and Appraisal Report (EAR). As required by Florida Statutes, the proposed text amendments were submitted to the Florida Department of Community Affairs (DCA) and other required state agencies for review and comment. The Planning Department has received the Objections, Recommendations and Comments (ORC) Report from DCA, as well as comments from other review agencies. Certain objectives and policies, as well as maps, must be revised to address objections raised in the ORC. Revisions are proposed to most of the Plan elements, however, many are non-substantive. Substantive revisions are being proposed to policies regarding affordable housing, transportation, and post disaster redevelopment plans. Due to the number of changes proposed to Ordinance 7993-08, the Planning Department will present these revisions to the Community Development Board on December 16, 2008 and will report the Board's recommendation at the December 18th Council meeting. In response to questions, Assistant Planning Director Gina Clayton said DCA wanted specific bonuses identified in the Comprehensive Plan. Staff recommends density bonuses for projects with 15% of units for affordable housing, up to a maximum of 50%. Bonus criteria would be established by ordinance. If the bonuses were taken out of the comprehensive plan, there would not be as many affordable housing units. Adjourn The Work Session adjourned at 2:48 p.m. Work session 2008-12-15 7