03/14/2016Monday, March 14, 2016
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
City Hall Chambers
Community Redevelopment Agency
Meeting Agenda
March 14, 2016Community Redevelopment Agency Meeting Agenda
1. Call To Order
2. Approval of Minutes
2.1 Approve Feb. 29, 2016 CRA Meeting Minutes as submitted in written
summation by the City Clerk.
3. Citizens to be Heard Regarding Items Not on the Agenda
4. New Business Items
4.1 Recommend the City Council reduce the Regional Stormwater Buy-In Fee for
the Nolen, aka Prospect Park Apartments, pursuant to criteria established by
City Resolution 99-43, from $235,700 to $0, and adopt Resolution 16-01.
5. Adjourn
Page 2 City of Clearwater Printed on 3/10/2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2213
Agenda Date: 3/14/2016 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Community Redevelopment Agency
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve Feb. 29, 2016 CRA Meeting Minutes as submitted in written summation by the City
Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 3/10/2016
Community Redevelopment Agency Meeting Minutes February 29, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Monday, February 29, 2016
1:00 PM
City Hall Chambers
Community Redevelopment Agency
Page 1 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes February 29, 2016
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 – City Manager, Jill Silverboard – Assistant City
Manager, Pamela K. Akin – City Attorney, Rosemarie Call – City
Clerk, Nicole Sprague – Official Records and Legislative Services
Coordinator
To provide continui ty for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call To Order
The meeting was called to order at 1:01 p.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the January 19, 2016 CRA meeting as submitted in written
summation by the City Clerk.
Trustee Jonson moved to approve the minutes of the January 19,
2016 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 Accept ULI Priority (P) Project Quarterly Progress Report for the period October 1,
2015 through December 31, 2015, as well as the cumulative expenditure report since
Fall 2014.
Staff committed to the CRA Board, as a part of the ULI Advisory Panel Report
Implementation activities that the Board would be provided with quarterly
updates on the status of Priority (P) implementation items, as well as a
compilation of total expenditures to date on ULI Report activities across all
funding sources. The expenditures report is inclusive of all expense, on an
accrual basis, since last fall.
Page 2 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes February 29, 2016
Projects Update:
To summarize, the status of the 13 Priority (P) projects are as follows:
5 Projects complete:
• Boost Downtown Library to Support Redevelopment (ULI 9)
• Attract Incubator/Support Entrepreneurial Ecosystem (ULI 15)
• Real Estate Parcel Marketing (ULI 30)
• Create Stakeholder Advisory Group (ULI 31)
• TIF Bonds Examination (ULI 34)
6 Projects on schedule:
• Comprehensive Boating Plan for Harbor (ULI 1)
• Comprehensive North Marina Master Plan (ULI 5)
• Master Development Plan for Bluff/Coachman/Waterfront (ULI 8)
• Use Harbor Bridge as Aesthetic Gateway (ULI 10)
• Update of Downtown Redevelopment Plan (ULI 12)
• Mercado in East Gateway (ULI 27)
2 Projects in progress/delayed:
• Enhance Gateways to Downtown/East Gateway (ULI 20)
• Comprehensive Branding Initiative (ULI 29)
In addition to the council-designated priority projects, two additional ULI
projects have been addressed:
• Create a Water Taxi/Ferry (ULI 4)
• Ensure Environmental Integrity of Clearwater Harbor (ULI 2)
Expenditure Update:
With respect to the financial expenditure report, on an accrual basis, $609,839
has been encumbered with $312,591 expended for ULI projects since
September 2014. Broken down by funding source, the expenditure allocations
are: General Fund, $100,000; General Fund Reserve, $186,064; and CRA,
$26,527.
The preponderance of expenditures/commitments to date are attributable to
five projects: 1) Comprehensive Boating Plan, $59,975; 2) North Marina Master
Plan, $105,624; 3) Boost the Library - Library Maker Space and staffing,
$134,965; 4) Attract an Incubator- Clearwater Business SPARK, $125,000; and
5) Comprehensive Branding Initiative, $100,000.
Staff has provided a spreadsheet identifying line item expenditures and fund
balance through the period ending December 31, 2015, for the General Fund
ULI account 181-99888.
Information including fund allocations, timeframes, staff resources and
responsibilities for each Priority Item (P) is also provided.
No actual or committed funds were charged against the $1,000,000 CRA/ULI
Project Account in Q1 FY2015/16. Beginning with the Q2 FY 2015/16 report, a
Page 3 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes February 29, 2016
similar sheet will be provided for the $1,000,000 CRA /ULI Project Account.
The City Manager provided a PowerPoint presentation.
In response to questions, the City Manager said this presentation will be
presented at the next joint CRA/DDB/Chamber/CDP meeting. Interim
CRA Executive Director Geri Campos Lopez said she will be providing
the same presentation at the next Downtown Development Board
meeting. She anticipates the next CRA/DDB/Chamber/CDP meeting
will be held in July. The City Manager said the Memorial Causeway
Bridge is maintained by the Florida Department of Transportation (FDOT) and
staff advises FDOT of any maintenance issues. Staff has contacted the
City of Tampa regarding their experience in addressing the aesthetic
issues. The City Manager said maintenance issues will be a challenge as
Clearwater has a higher maintenance standard than what may
be established by the agency.
A concern was expressed that the Memorial Causeway Bridge has
mold and vegetation growing on the wall. It was suggested that the
bridge be inspected for infrastructure cracks. Engineering Director Mike
Quillen said staff was unaware of any infrastructure cracks; staff
frequently communicates with FDOT regarding any concerns. Staff was
directed to provide information regarding the bridge maintenance (i.e.,
cleanliness, infrastructure, etc.).
In response to questions, the City Manager said staff is focusing on the
recommendations in the ULI report. For those recommendations that have
reached their final destination, staff will continue to develop the ideas behind
the recommendation. Ms. Campos Lopez said the brochure is part of the
Department's continued marketing efforts; a second brochure may be
considered as the recommendations develop. The City Manager said the
strategic planning session in April will be a precursor to the budget
development process; staff will be incorporating ULI elements as the CIP
(Capital Improvement Program) is developed moving forward. The CRA
Trustees will confirm the new CRA Executive Director appointment. Staff's
updates alert the Trustees on the progress being made on each
recommendation as staff integrates the recommendations into the CIP work
plan. Ms. Campos Lopez said staff continues to work through the next steps
for the North Marina Plan and the Comprehensive Boating Plan as each will
be included in the upcoming budget process. The Bluff Coachman Park
Master Plan RFP was released in November and the responses were due in
January; the selection is expected to occur in April.
Discussion ensued with a suggestion made that more transparency to
the plan implementation and changes would be beneficial to the community
and Trustees. It was stated that staff provides quarterly reports and advises
when there are stumbling blocks; the implementation process should not be Page 4 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes February 29, 2016
rushed.
Trustee Hock-DiPolito moved to accept ULI Priority (P) Project
Quarterly Progress Report for the period October 1, 2015 through
December 31, 2015, as well as the cumulative expenditure report
since Fall 2014. The motion was duly seconded and upon the vote
being taken:
Ayes: 4 - Chair Cretekos, Trustee Hock-DiPolito, Trustee Polglaze and
Trustee Hamilton
Nays: 1 - Trustee Jonson Motion carried.
Interim CRA Executive Director Geri Campos Lopez reported that while
attending a recent conference she was asked to join a panel on
inclusive economic development. She provided a PowerPoint
presentation on the City's East Gateway. A Georgia Tech professor was
in the audience and is interested in using the East Gateway as a case
study for a new textbook.
Trustee Jonson stated the plantings in the pots along Cleveland Street
are tall and out of scale with the pedestrian scale on the sidewalks.
5. Adjourn
The meeting adjourned at 1:52 p.m.
Chair
Community Redevelopment Agency
Attest
City Clerk
Page 5 City of Clearwater Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#16-2211
Agenda Date: 3/14/2016 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Recommend the City Council reduce the Regional Stormwater Buy-In Fee for the Nolen, aka
Prospect Park Apartments, pursuant to criteria established by City Resolution 99-43, from
$235,700 to $0, and adopt Resolution 16-01.
SUMMARY:
The City and Community Redevelopment Agency’s (CRA) redevelopment strategy
emphasizes the creation of a significant residential concentration in and around the downtown
core to create the support for a retail and recreation destination environment in the Cleveland
Street District. In addition, the City’s Economic Development Strategic Plan calls for the
growth/support of employment opportunities as part of the CRA’s Technology District and its
software/information technology industry cluster. The CRA views the development of the
Cleveland Street and Prospect Lake Park site, now known as The Nolen, as a major
opportunity to further these strategies by adding a mixed-use project that activates the street
and creates living opportunities for the District’s workforce.
In summary, The Nolen is a mixed-use project consisting of 257 market-rate rental dwelling
units and up to 24,000 sq. ft. of allowable ground floor commercial. Approximately 7 of these
units will be Live/Work units fronting Cleveland Street, which will be composed of a retail/office
space and a residential component. The project will have 300 parking spaces and
approximately 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business
center).
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement) in response to Request for
Proposals/Qualifications (RFP/Q) 12-13. In summary, the business terms of the Development
Agreement was a $2.5 million purchase price for the property with up to $250,000 in
reimbursements for utility relocations, $700,000 in reimbursement of impact and permit fees to
assist with retail incentives, and a credit of $725,000 at time of closing for Developer to
address the anticipated soil conditions (muck) on the site.
On August 4, 2014, the CRA approved a first amendment to the Development Agreement
clarifying several points (commercial entitlements and other items requested by construction
lender). The project’s real estate and financial closing occurred on October 30, 2014. The
groundbreaking celebration was held on February 4, 2015 with construction commencing in
Page 1 City of Clearwater Printed on 3/10/2016
File Number: ID#16-2211
March.
Defining the Issue
Since construction began, The Nolen, aka Prospect Park Apartments, has suffered some
significant financial hardships due to soil conditions that were not anticipated as part of the
project negotiation. The muck had become a huge challenge both to engineer a remedy that
worked but also the months of delay it caused, adding to the overall development timeline and
general conditions costs. The demucking process included over excavating the building pads,
importing fill, dewatering, and removing and replacing unsuitable materials. Because of the
muck, foundation enhancements needed to occur with additional auger cast piles and grout.
The costs incurred to ready the site for the foundation was significantly more than what was
anticipated by both the Developer’s and the City’s geotechnical consultants.
The developer detailed $529,104 in additional costs and is requesting a credit offset on impact
fees to alleviate the financial pressure on the project. These additional costs do not include the
additional length of time to build, and associated general conditions and other overhead as a
result of delay. At this point, the project will not meet promised expectations which will cause a
financial burden given the federal EB 5 loan funding which requires a minimum return on
investment.
Staff Analysis
The Engineering Department has reviewed the geotechnical reports and the developer’s
request. The muck that was found on site was in excess of what was anticipated in the
geotechnical reports reviewed by the city. Staff concurs that the site and soil conditions
constitute an unforeseen condition in delivering a developable site to the developer that was
not discussed as part of the original negotiations of the Development Agreement. These
increased costs have created a burden on the project.
The City/CRA views The Nolen as a pioneering project for the downtown area whose success
could encourage future projects, attract developers and improve the livability of the Cleveland
Street District. As the first market-rate rental development in downtown, an untested market,
The Nolen needs to be placed in the best possible position to succeed. According to the
Developer Agreement, the additional risk and cost of construction is the responsibility of the
Developer. However, this project has been a public private partnership from inception and to
protect the future success of the project, the City/CRA should consider sharing in the
additional costs specifically related to the soil conditions found on site.
Staff Recommendation
Staff recommends the City/CRA share in approximately half the requested amount attributed
to the soil conditions. To assist the project, staff recommends the City Council reduce the
Stormwater Buy-in Fee of $235,700 to $0. Resolution 99-43, Section 3, allows projects larger
than 1.5 acres, to reduce payment on a case-by-case basis, depending on project variables
such as total capital investment, number of jobs, density of impervious area, etc. Bond
Page 2 City of Clearwater Printed on 3/10/2016
File Number: ID#16-2211
counsel has reviewed the ability of the city to reduce this fee and has determined that the City
Council can choose to waive stormwater impact fees with no impact on stormwater bond
covenants.
The Nolen is anticipated to have a significant impact to the redevelopment of downtown. The
capital investment in the Nolen is over $34 million. The estimated completed project value of
$27,000,000 is estimated to generate $309,000 in tax increment (City, County and Downtown
Development Board) in the first full assessment year the project is operational (estimated to
be 2017). According to the Economic Development and Housing department’s economic
impact modeling program, Total Impact by Impact Data Source, we have estimated 143 direct
jobs and 102 indirect and induced jobs resulting from construction. In addition, there are
significant resident and restaurant/retail impacts expected from taxable sales estimated at
over $60 million over 10 years.
Page 3 City of Clearwater Printed on 3/10/2016
Resolution No. 16-01
RESOLUTION NO. 16-01
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, RECOMMENDING THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA
REDUCE THE REGIONAL STORMWATER BUY-IN FEE
FROM $235,700 TO $0 FOR THE NOLEN,AKA
PROSPECT PARK APARTMENTS ON CLEVELAND
STREET AND PROSPECT AVENUE PURSUANT TO THE
CRITERIA ESTABLISHED BY CITY RESOLUTION NO. 99-
43 SECTION 3; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and CRA’s redevelopment strategy emphasizes the
creation of a significant residential concentration in and around the downtown core to
create the support for a retail and recreation destination environment in the Cleveland
Street District; and
WHEREAS, CRA views the development of The Nolen, formerly known as the
Prospect Park Apartments or the Cleveland Street and Prospect Lake Park site, as a
major opportunity to further these strategies by adding a mixed-use project with 257
market-rate rental units that activates the street and creates living opportunities for the
District’s workforce; and
WHEREAS, on June 10, 2014, the CRA and Prospect Real Estate Group and
Forge Capital Partners (collectively, the “Developer”) entered into the Agreement for
Development and Purchase and Sale of Property (Development Agreement) in
response to Request for Proposals/Qualifications (RFP/Q) 12-13; and
WHEREAS, the CRA sold the property to the Developer on October 30, 2014
and the Developer commenced construction in March 2015; and
WHEREAS, once construction commenced on the Project, the Developer
encountered even greater soil issues or “muck” than anticipated by the Developer’s and
City’s geotechnical consultants; and
WHEREAS, the Developer has detailed $529,104 in additional costs related to
the condition of the soils in order to ready the site for the foundation; and
WHEREAS, the Developer is requesting relief on impact fees to alleviate the
financial pressure on the project caused by the condition of the soils; and
WHEREAS, according to City Resolution No. 99-43 Section 3, for projects larger
than 1.5 acres, the City Commission (now Council) may reduce payment for the
regional stormwater buy-in district on a case by case basis depending upon project
variables such as capital investment, number of jobs, etc.; and
Resolution No. 16-012
WHEREAS, The Nolen is anticipated to have significant impact to the CRA, the
City of Clearwater and Pinellas County with a capital investment of $34 million, 143
direct jobs and 102 indirect and induced jobs from construction, and over $60 million in
taxable sales estimated over 10 years for Pinellas County from new residents and
restaurant and retail establishments (economic impact calculated by Total Impact
economic modeling software by Economic Development and Housing Department
staff); now, therefore,
BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Board recommends the City Council reduce payment of the
regional stormwater buy-in fee for the Nolen from $235,700 to $0 pursuant to the
criteria established by City Resolution No. 99-43 Section 3.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2016.
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF
CLEARWATER, FLORIDA
____________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
_______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk