03/15/2011
CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
March 15, 2011
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George
N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, and Rosemarie Call - City Clerk.
To provide continuity for research items are in agenda order although not
necessarily discussed in that order.
Mayor Frank Hibbard called the meeting to order at 8:30 a.m. at City Hall.
1. Presentations
1.1 Service Awards
One service award was presented to a city employee.
The Bimonthly Team Award for March and April 2011 was presented to the Needle in a
Paper Stack Team: Bill Buzzell, Joe Farrar, Jack De Shazo, Bobby Matthews, Scott
Rhodes and Jeff Schmidt.
Council recessed from 8:32 a.m. to 8:35 a.m. to meet as the Pension Trustees.
2. Office of Management and Budget
2.1 Amend the City’s fiscal year 2010/2011 Operating and Capital Improvement
Budgets at first quarter and pass Ordinances 8248-11 and 8249-11 on first
reading.
The fiscal year 2010/2011 Operating and Capital Improvement Budgets were adopted in
September 2010 by Ordinances 8216-10 and 8217-10. Section 2.521 of the City's Code
of Ordinances requires the City Manager to prepare a quarterly report detailing income,
expenditure estimates, collections, the explanation of significant variances, as well as
the financial status of all capital improvement projects. The memorandum and the
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accompanying report provide this information and outlines the issues at first quarter that
require amendment.
3. Financial Services
3.1 Ratify and confirm settlement of the liability claim of C X Industries of Virginia
LLC, landlord to Intolan Computers, in an amount not to exceed $41,000.
(consent)
On January 19, 2011, a sanitary sewer backed up into Intolan Computers, a business
located at 2596 Nursery Road. Emergency clean-up was immediately initiated, but
flooring, carpets and drywall were affected. Remediation is anticipated to cost no more
than $41,000.
The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000.
The City's Risk Management Division and City's Claims Committee recommend this
settlement. Funding for the payment of this settlement is available in the budget for
claims expense in the Central Insurance Fund.
3.2 Approve the purchase of property and equipment breakdown insurance from
April 1, 2011 to April 1, 2012, at the level of insurance provided for in this agenda
item, at amount not to exceed $1,850,000, and authorize the appropriate officials
to execute same. (consent)
The Risk Management Division of the Finance Department has requested Arthur J.
Gallagher and Co. (Florida) to obtain quotes for the property insurance program expiring
April 1, 2011.Risk Management is recommending a $45 million limit with a $45 million or
$30 million Flood sub-limit (depending on property location). The self-insured retention
(SIR) would remain at $100,000 per occurrence, with a 5% or $500,000 SIR (whichever
is greater) for named storms.
Additionally, Risk Management is recommending a stand-alone policy to insure
Brighthouse Field in the amount of $27 million, at an annual premium of approximately
$104,374. This program would incorporate a $75,000 self-insured retention for All Other
Perils and a $1.2 million self-insured retention for named storms.
The total property insurance premium, including the layered premium total of
$1,673,019, and the Brighthouse Field premium of $104,374, is estimated at
$1,777,393. Additionally, Risk Management recommends that the City renew its
Equipment Breakdown policy with Travelers at a premium of $11,286. Finally, the
requested $1,850,000 includes a contingency of $61,321 for increased properties
throughout the year.
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This insurance coverage as recommended has several enhancements to last year's
program. The Property limit on the layered program has been increased to $45 million
from $35 million. The Flood sub-limit on the layered program has been increased to $45
million from $30 million (for certain properties). An additional $27 million in capacity for a
stand-alone policy for Brighthouse Field.
The primary layer of insurance has remained with the same carriers, although the
amount in the primary layer has changed from $20 million to $10 million. Some of the
carriers in subsequent layers have changed.
Risk Management believes that should the coverage as recommended be placed, the
City's property risks are covered at levels and rates which, when taken together as a
whole, represent a reasonable insurance program for the City.
In response to questions, Parks and Recreation Director Kevin Dunbar said Brighthouse
Networks Field Stadium was built to code. There was minor damage during the 2004
hurricane season. Risk Manager Sharon Walton said additional premium would cost
$50,000 for $50 million-coverage; $75,000 for $55 million-coverage. Brighthouse is not
in flood zone A or V. Staff would be more comfortable with $55 million coverage. Ms.
Walton said the estimated maximum loss is $61 million, based on the property the City
has.
Staff was directed to take Item 3.2 off the Consent Agenda.
4. Parks and Recreation
4.1 Approve co-sponsorship and waiver of requested city fees and service charges
for Fiscal Year 2011/2012 special events, including three annual City events and
ten City co-sponsored events, at an estimated General Fund cost of $370,140
($29,300 cash contributions and $340,840 in-kind contributions) and Enterprise
Fund cost and fee waiver of $73,230 for the purposes of departmental budget
submittals. (consent)
According to City Council Policy, Item M, Special Event Fees, there shall be an annual
review of city sponsored/co-sponsored events during the budget process. An agenda
item approving co-sponsorship and level of support for these events will be brought
before the City Council at the beginning of the budget process each fiscal year. In the
event additional money is requested beyond what is included in the approved budget,
City Council approval will be needed.
The chart shows the recommended level of cash and in-kind contributions to be
included in the various departmental budgets for Fiscal Year 2011/2012 for city
sponsored and co-sponsored special events. In addition, there is a list of 37 additional
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special events requiring some type of in-kind support from the Parks and Recreation
Special Events Division during Fiscal Year 2011/2012.
Major decreases for Fiscal Year 2011/2012:
Clearwater Celebrates America - A decrease of $47,280 in costs is expected following
efficiency cuts by Parks and Recreation, Police and Gas. Staff recommends securing a
$40,000 sponsorship for the fireworks or cancelling the event. This item reflects
securing the partnership. If funding is secured, the fireworks launch will continue from
the west side of Memorial Causeway Bridge to alleviate additional funding needed for
barge placement.
Ironman 5150 - With the transition from the Ironman 70.3 Triathlon, the 5150 race will
require less support from the City. As a first-year event, expected costs will decrease by
approximately $49,560; most of the decrease comes from Police and Parking. A future
agenda item will come forward with a new agreement to Council.
Increases for Fiscal Year 2011/2012:
Clearwater Veterans Alliance - This event is new to the Special Events process but not
new to the City. The Clearwater Veterans Alliance has partnered with the City for
several years to provide a Veterans Day event. In previous years, the City provided
funding through Non-Dept. Budget Fund; $10,000 in cash and $4,680 of in-kind services
to support the event.
Clearwater Beach Uncorked - This is a new event to be held at Clearwater Beach,
inspired from the former Tampa Bay Wine and Food Festival in St. Petersburg. City
costs are estimated at $11,690 for the third weekend in November.
Cash Requests of $29,300 is the same as Fiscal Year 2010 contributions due to the
inclusion of the Clearwater Veterans Alliance ($10,000) request. The requests by
Clearwater Jazz Holiday ($14,550) and the Martin Luther King, Jr. Day March and Rally
($4,750) remain the same as Fiscal Year 2010. An increase of $2,080 in Enterprise
Fund is due to the opening of the Clearwater Harbor Marina and event impacts to that
operation.
In response to questions, Parks and Recreation Director Kevin Dunbar said the
Uncorked event is scheduled during a historically slow time for the hospitality
community. The event has potential for national and international media exposure and
guest celebrities. Mr. Dunbar said $9,500 from the General Fund would be for Fire and
Police overtime. Sun-n-Fun is a 2-week event with a multitude of activities; park
activities generate 50,000 participants.
Concerns were expressed with recommendation to eliminate the fireworks from the
Clearwater Celebrates America event.
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Discussion ensued regarding the Clearwater Veterans Alliance Day event. It was
suggested that the City’s funding contribution be reduced to $5,000.
Staff was directed to take Item 4.1 off the Consent Agenda.
4.2 Approve the Third Amendment to the Community Sports Facility Use Agreement
between the City of Clearwater, Florida and Phillies Florida, LLC providing for
terms that will allow the Phillies to use property purchased by the City at 650 Old
Coachman Road and authorize the appropriate officials to execute same.
(consent)
On October 21, 2010, the City Council approved purchasing 1.83 acres of land at 650
Old Coachman Road, to be used for expanding future facilities for the City and Phillies.
The Third Amendment to the Community Sports Facility Use Agreement between the
City and Phillies will provide a framework for the use and maintenance of this property.
The amendment will provide for the following:
As to the City: provide self insurance for the real property; pay half the cost of property
taxes and utilities to be billed to the City and paid for by the City.
As to the Phillies: provide for personal property insurance; pay a utility surcharge of
$13,000 per year for the remainder of the current agreement as a contribution towards
the purchase of the property ($13,000 x 13 years=$169,000); pay a monthly fee of
$1,000 to cover utilities, and share of City self insurance; provide day to day
maintenance on property and building; provide any capital maintenance cost associated
with the property i.e. air conditioner, roof, etc. and pay half the cost of property taxes.
One other provision will allow for alterations and improvements to be made to the
property by the Phillies with prior approval from the City, which will not be unduly
withheld.
In response to questions, Parks and Recreation Director Kevin Dunbar said the City
paid approximately $315,000 for the property. The Parks and Recreation Advisory
Board objected to the property purchase because it was believed the property was for
Phillies Administration. The Board was unaware that the City would be reimbursed for
the purchase.
5. Engineering
5.1 Ratify and Confirm Change Order 2 and Final to Custom Built Marine
Construction, Inc. of Stewart, Florida for the Clearwater Beach Boat Ramp
Project (06-0049-MA) in the amount of $19,615.35 for a revised contract amount
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of $191,070.37 and extend the contract 67 days. (consent)
Council awarded a construction contract on June 17, 2010 in the amount of
$156,495.90 to Custom Built Marine Construction, Inc. for the Clearwater Beach Boat
Ramp Project (06-0049-MA).The additional costs on this project relate to the
stabilization of the seawall adjacent to the ramp.
Change Order 1 in the amount of $14,959.12 was approved by the City Manager on
February 7, 2011 for replacement of deteriorated tie-back anchors on the existing
seawall.
Change Order 2 in the amount of $19,615.35 is for the resetting and repair of the
seawall north and south of the ramp, replacement of additional seawall cap, railing and
sidewalk, and the maintenance/stabilization of the seawall during construction. The City
received a Florida Boating Improvement Program (FBIP) grant not to exceed 75% of
project costs including design, construction, and inspection/ project management
services for maximum reimbursement of $565,699 from the Florida Fish and Wildlife
Conservation Commission. The City's 25% share of project costs were estimated at
$108,000. Due to the low bid amount of the construction contract, the City has allocated
fewer funds than originally anticipated.
The Marina Department shall own and maintain the proposed improvements included in
this contract.
Sufficient budget and revenue is available in Capital Improvement Program project
0315-93408, Beach Rec Center Boat Ramp Replacement.
5.2 Approve a 5-year Management Agreement with Robert E. and Patricia A. Smith
to oversee 426 acres, more or less, of city-owned agricultural lands in Sections
19 and 20, Township 27 South, Range 16 East, Hillsborough County, Florida, in
consideration of fulfilling the undertakings, promises and agreements contained
therein, and authorize the appropriate officials to execute same. (consent)
In October 1983, the City first acquired a parcel of land in Hillsborough County that
would eventually total 900 acres of agricultural lands targeted for disposal and dispersal
of sludge from the city's wastewater treatment facilities. Robert and Patricia Smith of
Odessa, at that time operating as E. Palomino Dairy, Inc., already managing 65 acres of
undeveloped land at the City's Northwest Treatment Facility, were contracted to
manage the initial city acquisition in Hillsborough in exchange for being able to harvest
a winter oats crop for cattle feed.
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Over the years, the City purchased additional lands and entered into a series of
management agreements that expanded the Smith's responsibilities to include land
management, security, and the practice of best agricultural land management to
maintain the lands as fertile agricultural greenbelt. In exchange for management
services, the Smiths were permitted to utilize the lands for raising beef cattle as well as
growing and harvesting hay and other crops.
The City's Hillsborough Sludge Farm is now approximately 426 acres following sales of
various portions over the years. When the Army Corps of Engineers (COE) proceeds
with removal of sediments from Stevenson Creek, approximately 100,000 cubic yards
will be deposited and dispersed over 25 acres of Sludge Farm lands allocated and
crossed fenced for that purpose. The Smiths will fully cooperate and coordinate with the
COE and its contractor in that process in addition to their other management duties.
The subject Management Agreement will commence on March 29, 2011 and extend
until March 28, 2016. Either party may terminate the agreement at any time upon
providing the other party 90 days notice. The City also has the privilege of terminating
the agreement upon providing the Manager 60 days notice in the event the City
determines at a duly constituted Council meeting that the lands are needed or any other
purpose consistent with the City Charter.
5.3 Ratify and confirm R.A.M. Excavating, Inc., of Palm Harbor, Fl, construction
contract for Morningside Neighborhood Traffic Calming project (07-0008-EN)
adding 125 calendar days to the contract and approve a supplemental work
order to Engineer of Record (EOR)PBS and J of Tampa, FL, for additional
Construction Engineering and Inspection (CEI) services increasing the work
order amount by $70,886.38 for a new work order total of $169,705.18. (consent)
March 18, 2010, City Council awarded a contract to R.A.M. Excavating, Inc., of Palm
Harbor, Fl for the construction of Morningside Neighborhood Traffic Calming project
(047-0008-EN) in the amount of $1,399,790.70 to be completed by February 22, 2011.
December 22, 2010, City Manager approved Change Order 1 to increase costs by
$95,128.54 for the installation of reclaimed water irrigation system for landscaping for a
new contract value of $1,494,919.24.
Due to unanticipated utility conflicts (mostly buried) - replacement of water main
facilities at two mini roundabouts, discovery of three different under-drain systems at
Harn Boulevard and Claiborne Drive, replacement of 500 linear feet of water main at
Harn Boulevard and Stewart Boulevard, and addition of reclaimed water irrigation for
landscaping - a time extension of 125 calendar days is necessary for the construction
contract.
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January 12, 2010, City Manager approved a work order to EOR PBS and J for CEI
Services for the Morningside Traffic Calming Project (07-0038-EN) in the amount of
$98,818.80.
Due to delays of the construction, CEI services require an extension of 125 calendar
days, while allowing the contractor time to complete the project at a cost of $70,886.38.
It is expected that this amount will be sufficient to complete the project, handle any
further utility conflicts, and complete implementation of the reclaimed water irrigation
system.
Sufficient budget and funding is available in Capital Improvement Program project 0315-
92259, Traffic Calming to the supplemental Work Order
5.4 Authorize an agreement with CSX Transportation, Inc., for installation of one (1)
12-inch reclaimed water main in the CSX right-of-way as part of the Skycrest
Reclaimed Water Project - CSX and Keene Road Jack and Bore; approve
Pipeline Crossing Agreement CSX-662702; authorize the appropriate officials to
execute same and adopt Resolution 11-08.
A work order for consultant services was approved on April 29, 2010 for design,
preparation of construction plans, and permitting for the Skycrest Reclaimed Water
Project (L695) - CSX and Keene Road Jack and Bore, which is included as part of the
first amendment to the cooperative funding agreement between SWFWMD (Southwest
Florida Water Management District) and the City of Clearwater approved by the City on
November 4, 2010.
The 12-inch reclaimed water main crossing is along Keene Road under the CSX
railroad, which will allow for future expansions of the existing reclaimed water system to
the Clearwater residents and business on the northern side on CSX Right-of-Way.
CSX requires an Agreement to cover the costs of encroaching, construction risk and to
provide the terms and conditions associated with placing a pipeline underneath their
railway system.
The cost to the City will be $500 for a license fee, $375 for General Liability Insurance
Surcharge, $750 for railroad protective liability insurance, and $150.00 for a project
coordination fee for a total cost of $1,775.00.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is
available in project 0376-96739, Reclaimed Water Distribution System.
5.5 Approve a Work Order to Engineer of Record Reiss Engineering Inc. for
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Stormwater Modifications to Town Pond in the amount of $294,569. (consent)
Now known as Prospect Lake, located in Prospect Lake Park, this stormwater system
was constructed in 2004 to service a defined Downtown Drainage District. This 3.5-acre
alum treatment pond was cooperatively funded by SWFWMD (Southwest Florida Water
Management District) to treat a 100-acre watershed, reduce street flooding and allow
redevelopment of the area by creating a Buy-In District for stormwater treatment. It has
since been determined that the permitted system is not capable of meeting the water
quality requirements of the permit. This is primarily due to the fact that the alum pond
was designed as a high volume flow-through system. This design does not provide for
proper settling in the pond. The City hired Reiss Engineering to evaluate the existing
conditions of the treatment system and provide the City with options for bringing the
system into compliance. The attached work order reflects the outcome of that
evaluation, along with design, permitting and construction management services for
future modifications.
A midyear amendment will transfer $294,569 Stormwater Utility Revenue from 0315-
96170, Coastal Basins Projects to 0315-96125, Town Lake to fund the work order.
Environmental Manager Ed Chesney said SWFWMD supports the proposed
modifications, which should be completed on the existing site. Staff will prepare an
application for the next SWFWMD grant cycle that opens in August, funding would be
available in October 2012.
6. Planning
6.1 Approve an amended Development Agreement between L.O.M. Inc. (the
property owner) and the City of Clearwater (previously DVA2009-00004 and
approved by City Council on February 18, 2010) to modify the scope of the
project with regard to the developable square footage for the retail and
restaurant uses, and the off-street parking to be provided for those uses
(FLD2010-12033) and adopt Resolution 11-07.
The 0.99-acre subject property is located between S. Gulfview Boulevard and Coronado
Drive, approximately 200 feet south of Third Street.
On February 15, 2011, the Community Development Board (CDB) approved a Flexible
Development application (FLD2010-12033) to amend the previously approved
FLD2009-09032 (CDB approved on December 15, 2009) to permit 34,007 square feet
of retail sales and services floor area (and Beach Walk Thru Area), 9,018 square feet of
restaurant floor area and a 344 parking space parking garage (44 parking spaces for
the retail sales and services and restaurant uses, and 300 public parking spaces). This
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application would result in 176 square feet less retail sales and services floor area (and
area devoted to the Beach Walk Thru Area), 2,131 square feet more restaurant floor
area, and 5 fewer parking spaces for the retail/restaurant uses than previously
approved. The FAR would be increased by 0.05; however, the height (to highest parking
deck) would remain the same.
The proposed Development Agreement will amend the previously approved
Development Agreement as follows:
Establishes that the term "Project" means, generally, the development and construction
of a 39,229 square feet retail/commercial project with 44 parking spaces, and a
commercial parking garage containing 300 parking spaces open to the public;
Separates the project into a Retail Unit(s) (total of 43,025 square feet of
retail/commercial floor area on the ground floor consisting of approximately 34,007
square feet of retail space [does not include the Beach Walk Thru Area], 9,018 square
feet of restaurant space and 44 parking spaces on the second floor); and
Includes the formation of a three-unit condominium for the project consisting of a
Parking Unit and two (2) Retail Units, one of which will include approximately 9,018
square feet of restaurant space and the other of which will include the remainder of the
Retail Unit (approximately 34,007 square feet of retail space, the Beach Walk Thru
Area, and 44 parking spaces).
The Community Development Board reviewed this Amendment at its public hearing on
February 15, 2011 and unanimously recommended approval.
In response to questions, Planning Manager Robert Tefft said the retail-restaurant uses
are not considered driving uses and would not need to meet full parking requirement of
the code. The beach is considered the primary driving use. Assistant City Manager
Rod Irwin said the driving use would be the public parking spaces.
7. Legal
7.1 Adopt Ordinance 8234-11 on second reading, annexing certain real property
whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766,
2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and
2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721,
1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750
Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive,
1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace
Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting
right of way of Diane Terrace, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
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7.2 Adopt Ordinance 8235-11 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office addresses are 1809 and 1836 Diane
Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782,
2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El
Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans
Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas
Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive,
2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755
Thomas Drive, together with abutting right of way of Diane Terrace, upon
annexation into the City of Clearwater, as Residential Low (RL) and Drainage
Feature Overlay.
7.3 Adopt Ordinance 8236-11 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1809 and
1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779,
2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772
El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans
Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas
Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive,
2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755
Thomas Drive, together with abutting right of way of Diane Terrace, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
7.4 Adopt Ordinance 8246-11 on second reading, amending the Code of
Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation; establishing
minimum rate for non-resident fees and providing additional criteria in
establishing the class of city residents for the purpose of applying fees.
7.5 Amend Section 2.251, Code of Ordinances, Sister Cities Advisory Board
Composition and pass Ordinance 8250-11 on first reading.
At the Council Work Session on February 15, 2011, Council directed an amendment to
the Sister Cities Advisory Board Composition ordinance to provide that the
representative from Clearwater Sister Cities, Inc. is not required to be a resident of the
City of Clearwater.
7.6 Approve a subordination agreement in favor of BB and T and approve the
modification of the City's reverter on the Clearwater Marine Aquarium Property
and authorize the appropriate officials to execute same.
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At the January 13, 2011, City Council authorized negotiation and drafting of a
subordination agreement and modification of the reverter rights held by the City in a
portion of the Clearwater Marine Aquarium (CMA) Property. BB and T is requesting that
the city agree to subordinate its reverter interest to up to $8.6 million dollar loan. The
subordination Agreement provides among other things that:
The City subordinate its reverter rights applicable to Parcel 1 to BB and T's mortgage of
$8,600,000. As presently drafted, the Subordination Agreement precludes any action
on behalf of the city to enforce the reverter or other restrictions on the property unless
the city first pays off the existing indebtedness on the Aquarium.
In return for the City's subordination, BB and T will provide the City with the right of first
refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and
3, should the City elect to exercise its reverter rights by paying off the existing
indebtedness in the event of the Aquarium's default or demise.
In addition, the subordination agreement will include provisions preventing additional
loans secured by these parcels and will include prohibitions on the replenishment of the
debt as the outstanding balance is paid down, absent City approval. (The $8,600,000
loan is at a 1.79% interest rate, twenty-year amortization, with a ten-year balloon).
The City will have no obligation to purchase the mortgage, nor is the City guaranteeing
any debt.
Should the Aquarium fail and/or default on the outstanding indebtedness, and BB and T
pursues its mortgage rights, the City would have the option to either obtain control of the
entire CMA campus (all Parcels) in return for payment of the then existing debt balance,
or waive this option, with BB and T then able to proceed with foreclosure on the Parcels.
In response to questions, the City Attorney said the property must continue to be used
for a not-for-profit marina science center. The City has enforcement rights against CMA
but not cause a reverter. If the CMA defaults and the City does not pay off the loan, the
new owner would be subject to the current zoning, and would go before the CDB if use
of the property changes.
8. City Manager Verbal Reports
8.1 Budget Hearing Dates - September 2011
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rdth
The first public hearing must be held between September 3 and September 17.
Public hearings cannot be scheduled on the hearings dates of the Pinellas County
Commission or School Board:
September 6 - County Commission
September 13 - School Board
September 15 - County Commission
st
The City's current schedule for September City Council meetings is September 1 and
thst
September 15. The September 1 Council meeting date does not fall within the TRIM
th
calendar criteria, and the September 15 date is in conflict with the County Commission
meeting.
Options
thnd
1) Reschedule both September City Council meetings to September 8 and 22
and hold the public hearings on those evenings.
2) Maintain the current City Council meeting schedule, and set special meeting
dates for the budget public hearings.
Note: The second public hearing must be held within 20 days of the first public hearing.
8.2 Review and provide direction regarding RFP (Request for Proposals) developed
by staff for establishing a Red Light Running Program.
This is an RFP (Request for Proposals) developed by Traffic Operations Division of
Engineering and the Police Department for submittal to various Red Light Camera
Vendors.
The initial deployment will be for two intersections to be equipped with red light
cameras.
The deployment is for a trial period of up to two years with the ability to terminate the
program with 90 days notice.
The Vendor is required to provide this service in a cost neutral fashion.
The city will have the option of terminating cameras at a given intersection with ten days
notice.
Work Session 2011-03-15 13
In response to questions, Assistant City Attorney Rob Surette said evaluation of the
legal challenges show procedural challenges related to case preparations could be
addressed; substantive challenges related to due process and equal protection are
without merit and current case law support local ordinances. Mr. Surette expressed
concerns regarding legislation being considered by the State Legislature that would
repeal statute allowing red light cameras. He said the City is opting out of enforcing
right-hand turn violations. Police Lieutenant David Dalton said the RFP was drafted to
be cost neutral to the city, regardless the amount of revenue. Traffic Operations
Manager Paul Bertels said the RFP requires that vendor date stamp pictures with clear
view of license tag when approaching the stop bar or in the intersection.
Discussion ensued with concerns expressed regarding moving forward with the project
while litigation is still pending and legislation repealing statute is being considered.
The Council recessed from 10:40 a.m. to 10:48 a.m.
8.3 Briefing on Tampa Bay Partnership's Blueprint for Economic Development
Initiative
Discussion deferred to Thursday.
9. Council Discussion Items
9.1 Business Forum - Mayor Hibbard
Discussion deferred to Thursday.
9.2 Capital Recovery Formula - Councilmember Gibson
Discussion deferred to Thursday.
9.3 Council trip to Tallahassee during 2011 Legislative Session - Councilmember
Jonson
Discussion deferred to Thursday.
9.4 Rustlewood Condominiums Request
Work Session 2011-03-15 14
In response to questions, Public Utilities Director Tracy Mercer said if the utility cost for
Rustlewood Condominiums is reduced, the reduction cost must be charged to another
user group. Minimum usage standards are based on American Water Works
Association meter sizes. Duane Barto said the standards were established 80 years
ago and considered a common rate structure. The minimum charge could be a base
charge that covers a radius to serve customer demands. If the current rate structure
were changed, a base charge with a reduced usage fee would result in higher rates.
Customer Service and Marketing Director Jim Geary said many customers question the
term usage allowance and believe they are being overcharged because they may not
use the full allowance. Research shows that in a pure cost of service model, users at
the lower tiers pay more for a fixed service charge. Rate structures must balance
economics, conservation, and affordability.
The City Manager said every meter size reduction requested by Rustlewood
Condominiums has been installed by the City, as long as the meter was not associated
with fire protection service.
Concerns were expressed with changing the consumption rate for one user group;
change should be fair and equitable to all.
Staff was directed to draft a response letter to Rustlewood Condominium Association for
the mayor’s signature.
9.5 Renaming Clearwater Beach Marina - Mayor Hibbard
Discussion deferred to Thursday.
9.6 Report on the latest status of the County’s proposed digital billboard ordinance
and 2011 Legislative Bills pending relating to advertising on FDOT property -
Councilmember Jonson
Discussion deferred to Thursday.
9.7 Clearwater Harbor Marina Free Parking Pass - Councilmember Gibson
Discussion deferred to Thursday.
9.8 Advisory Boards - Residency Requirements
Work Session 2011-03-15 15
Discussion deferred to Thursday.
9.9 Proposed Legislation regarding short term rentals - Councilmember Jonson
Discussion deferred to Thursday.
10. Closing Comments by Mayor – None.
11. Adjourn
The meeting was adjourned at 11:04 a.m.
Work Session 2011-03-15 16