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12/01/2014 Community Redevelopment Agency Meeting Minutes December 1, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Monday, December 1, 2014 1 :00 PM City Hall Chambers Community Redevelopment Agency Page 1 City of Clearwater Community Redevelopment Agency Meeting Minutes December 1, 2014 Roll Call Present 5 - Chair George N. Cretekos, Trustee Doreen Hock-DiPolito, Trustee Jay E. Polglaze, Trustee Bill Jonson, and Trustee Hoyt Hamilton Also Present - William B. Horne 11 - City Manager, Jill S. Silverboard -Assistant City Manager, Rod Irwin - CRA Executive Director/Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call To Order— Chair Cretekos The meeting was called to order at 1:05 p.m. at City Hall. 2. Approval of Minutes 2.1 Approve the minutes of the November 3, 2014 CRA Meeting as submitted in written summation by the City Clerk. Trustee Jonson moved to approve the minutes of the December 1, 2014 CRA Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda — None. 4. New Business Items 4.1 Approve the Second Amendment to the Development Agreement between the Community Redevelopment Agency and Water's Edge Real Estate Acquisition, LP, to provide for early termination of the Agreement and authorize appropriate officials to execute same. The Community Redevelopment Agency (Agency) and Developer's predecessor in interest, Opus South Development, L.L.C., entered into a Development Agreement dated December 19, 2006, as evidenced by that certain Memorandum of Development Agreement recorded on December 29, 2006 in Official Records Book 15557, Page 1062 of the Public Records of Pinellas County, Florida, to develop certain Page 2 City of Clearwater Community Redevelopment Agency Meeting Minutes December 1, 2014 parcels located at the southwest corner of the intersection of Cleveland Street and Osceola Avenue, Clearwater, Florida, within the community redevelopment area of the City for a development known as the Water's Edge project(the Project). Subsequent thereto, Opus South Development, L.L.C., and its related entities, assigned their rights under the Development Agreement to Water's Edge Clearwater, LLC, a Delaware limited liability company, which subsequently assigned its rights under the Development Agreement to Water's Edge Real Estate Acquisition, LP (Developer) pursuant to the Assignment and Assumption Agreement recorded August 5, 2010 in Official Records Book 16993, Page 1845 of the Public Records of Pinellas County, Florida. Section 11.19(a) of the Amended Development Agreement dated December 21, 2011 [Memorandum of First Amendment to Development Agreement was recorded on December 29, 2011 in Official Records Book 17447, Page 1818 of the Public Records of Pinellas County, Florida] provides that the Development Agreement will expire and have no further force and effect (except for those matters, if any, which expressly survive such expiration) on the tenth anniversary of the Effective Date of the Amended Development Agreement, which is December 29, 2016. The purpose of the Second Amendment is to confirm that both the Agency and Developer have satisfactorily completed all obligations as set forth in the Amended Development Agreement, and that both parties desire to terminate the Amended Development Agreement early. Trustee Hock-DiPolito moved to approve the Second Amendment to the Development Agreement between the Community Redevelopment Agency and Water's Edge Real Estate Acquisition, LP,to provide for early termination of the Agreement and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 4.2 Deny the request to lease a portion of the former Economy Inn site for the creation of a community garden in the East Gateway. On October 10, 2014, Mr. Howard Warshauer, on behalf of the East Gateway Community Garden Steering Committee (Steering Committee), submitted a written request to the Clearwater Community Redevelopment Agency (CRA) asking to lease a portion of the former Economy Inn property (SW corner of Grove Street and N. Betty Lane that includes 20N. Betty Lane, 1273 Grove Street, and 1277 Grove Street). The requested area is 15,675 square feet. As part of the request, the Steering Committee is asking for a three-year lease for$1 per year. Page 3 City of Clearwater Community Redevelopment Agency Meeting Minutes December 1, 2014 Some members of the Steering Committee and City/CRA staff met on August 21, 2014 to discuss this request. During that meeting, staff explained that they did not support this site for a community garden. Following the recommendations from the ULI report, staff intends to prepare marketing materials for ready-to-develop sites given housing demand and availability of financing. The former Economy Inn site (1274 Cleveland Street and the surrounding parcels) is a key redevelopment site for the East Gateway District and staff wants to make sure there are no actual or perceived impediments, including infrastructure such as additional fencing, plumbing, etc., to attract a redevelopment project and potential developers. In addition, given the size of the entire assemblage (2.2 acres), this site offers the best opportunity to market/attract a catalytic project for the East Gateway neighborhood. Staff supports the creation of a community garden in the East Gateway and agrees that it is a great community building tool. However, staff recommends denying the Steering Committee's requested location. From staff personal experience and research, community gardens are typically created in parks, green space and small parcels that are difficult to be developed, and not at key redevelopment sites. At the 2014 Florida Redevelopment Association Conference in Miami, several CRA Directors and staff from other CRAs expressed concern about using a vacant key redevelopment site to host a community garden. As an additional example, NYC Parks GreenThumb "provides programming and material support to over 600 community gardens in New York City... The majority of GreenThumb gardens were derelict vacant lots renovated by volunteers." Furthermore, after a community garden is established, many times the community becomes so entrenched with the site that it becomes difficult to relocate the garden, even with prior agreement. This happened in New York City, where several vacant lots were converted to community gardens and ended up becoming designated parks due to political and community pressure. After reviewing the written request from the Steering Committee, staff would like to identify additional items of concern: • As of November 11, 2014, the Steering Committee had not identified another spot for the community garden to relocate should a redevelopment opportunity for the former Economy Inn site comes forward. • As of November 11, 2014 there was no official status of the Steering Committee (only verbal agreement with the Clearwater Garden Club to be the umbrella organization). Page 4 City of Clearwater Community Redevelopment Agency Meeting Minutes December 1, 2014 • No East Gateway residents or businesses participate in the Steering Committee planning and meetings (note: Nature's Food Patch has agreed to be a sponsor of the community garden). • The proposed business plan does not identify a funding source to cover the water and electrical expenses. • The proposed business plan does not identify a funding source to cover the expenses to fence the community garden from the rest of the CRA property (1274 Cleveland Street). • Under Budget Revenue (page 14 of request), the CRA and the City are listed as potential sponsors, both at the beginning of the project and for "ongoing annual revenue." However, there is no identified request so the City or CRA cannot determine the fiscal impact. As background, on October 27, 2014 staff visited the Dunedin Community Garden and met with its Garden Manager. During the October 23, 2014 East Gateway Stakeholder Advisory Group (SAG) meeting, the community garden efforts were discussed as part of the agenda. Out of the 7 SAG members that were present, 3 members were strongly opposed to the use of the former Economy Inn site as a community garden, 1 member was in favor, and 3 did not express any opinion. At that meeting, the SAG made a motion that was unanimously passed, that, if the City Council denies the request of the Steering Committee to use the former Economy Inn site for the creation of a community garden, the City assign a staff person to assist the Steering Committee with finding a suitable location in the City of Clearwater. Staff has identified the following locations as potential candidates for a community garden in the CRA or in close proximity to the CRA. However, these potential sites require further evaluation. In random order, those sites are: • Crest Lake Park; • Skycrest Elementary School (10 N. Corona Avenue, Clearwater); • City-owned lot in the East Gateway (0 Cleveland Street, parcel ID 15-29- 15-64890-002 -0050,just east of the Stevenson Creek); and • City-owned grass lot in the Downtown District, to the west of the new Fire Station 45 (1125 Brownell Street, parcel ID 15-29-15-58338-002-0070, 4,230 square feet). Staff will continue to evaluate additional sites with the Steering Committee. Community Development Manager Ekaterini Gerakios Siren said she visited the Dunedin Community Garden, which is a small city park site that is not identified as key redevelopment site. On October 23, 2014, the East Gateway Stakeholders Advisory Committee discussed the Economy Inn site for a potential community garden, three members opposed community gardens, one member supported, and three abstained. The Committee did support assigning city staff to assist the Steering Committee with identifying a suitable community garden site if the Economy Inn site was not approved by the CRA. Page 5 City of Clearwater Community Redevelopment Agency Meeting Minutes December 1, 2014 In response to questions, Ms. Gerakios Siren said if the oaks at the Stevenson Creek site were trimmed, there would be enough space for approximately twenty flowerbeds. The Skycrest Elementary School site has vacant land to accommodate a community garden, providing an opportunity to engage students to learn about gardening. The City has owned the Economy Inn site since 2010. CRA Executive Director Rod Irwin said the CRA purchased the site during the recession and land-banked until it was appropriate to be marketed for sale. Economic Development and Housing Director Geri Campos Lopez said the homes along Grove Street are under private ownership and not part of the land assemblage. Community gardens should be located on parcels that are hard to develop. Once established, it is difficult to move the garden from the site if sold for redevelopment purposes. It is recommended that the garden be located in an appropriate location from the beginning. In response to a suggestion, Mr. Irwin said potential developers look at the area and consider how fast it can market and access the site. If a garden is located on the Economy Inn site, developers may pause from proceeding with an opportunity if there is a perceived political challenge with relocating the garden. In response to questions, Ms. Gerakios Siren said the Steering Committee will be responsible to speak with the School Board regarding the school site as it is not a city-led project. Staff has not reviewed all city-owned lots that could potentially host a community garden. The Steering Committee felt the proposed site was the easiest location to have a community garden and start the initiative. The Committee in August proposed a two-year lease with a two-month termination notice requirement, when they submitted a written agreement, it was a three-year lease with a six-month termination clause. Eleven individuals spoke in support. In response to questions, Steering Committee representative Howard Warshauer said the Committee did not take a vote. Nature's Food Patch is aware of the Committee's proposed site and supports the project. Trustee Polglaze moved to reject staff's recommendation. The motion was duly seconded and carried unanimously. Trustee Jonson moved to direct staff to negotiate and propose a lease for CRA approval. The motion was duly seconded. Discussion ensued with support expressed for moving the garden to the school location if the property is bought or leased"and limiting the lease to a three-year renewable lease with a six-month termination clause. Upon the vote being taken, the motion carried unanimously. Page 6 City of Clearwater Community Redevelopment Agency 5. Adjourn Meeting Minutes December 1, 2014 The meeting adjourned at 2 :21 p.m. — �e- oyr \Cre\t0) Chair Community Redevelopment Agency Page 7 City of Clearwater