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02/17/2009CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER February 17, 2009 Present: Frank Hibbard George N. Cretekos Carlen Petersen John Doran Absent: Also present: Paul Gibson William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call Mayor (Arrived 10:29 a.m.) Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 8:30 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Three service awards were presented to City employees. The January-February 2009 Team Award was presented to Marshall Street Advanced Wastewater Treatment Plant Operators: Jack Sadowski, Ron Nessler, Bill New, Phil Ruppel, Mike Olsa, Robert Strieder, Robert Rietman, Bill Tsanakaliotis, Richard Baron, Joel Ojeda, and Joseph Hall. The Council recessed from 8:35 to 8:44 a.m. to meet as the Community Redevelopment Agency and Pension Trustees. Marine and Aviation Approve reducing recreational slip per foot rates in the FY08/FY12 Marina Business Plan from $9.13 to $8.51 for residents and from $13.14 to $10.33 for non-residents with a 5% increase in 2011 and 2012 and reducing commercial rates by 10%; reducing the Downtown boat slip per foot rental rates to $9.00 for residents and $10.50 for non-residents with an increase of 3% per year; moving forward with lottery for those who submitted their deposits prior to the established deadline and either a second lottery or taking new tenants on a first come, first serve basis for those submitting after the deadline. (consent) City Council approved the Marina five-year business plan for FY (Fiscal Year) 2008-12 at the November 15, 2007, Council meeting. The business plan set forth goals, objectives and strategies to be implemented in FY 2008. To reach these goals, staff received approval for: 1) Council Work Session 2009-02-17 Incremental increases, as submitted, to reach average market rate for private residential, non- residential and commercial rates (Implemented); 2) An amendment to Sec. 33.028 of Code of Ordinances to include market surveys of all local area marinas, not just municipal marinas when comparing rates (Done); 3) Charge commercial slips for location in the marina (Scheduled for RFP [Request for Proposals] Summer 2009); 4) Increase marketing and advertisement toward transient recreational boaters (Done); 5) Maintain control over City slips by amending the dock permit to provide a value back to the City (Done); and 6) Decrease the amount of discount on fuel sales. (Done) Due to the economic conditions, the rate increases for recreational boat slips resulted in dozens of slips being turned back to the City. The average market rates have decreased. Marina rates are above market average for both residents and non-residents. Local market average "per foot" rates for recreational slips are $8.51 for residents (City is at $9.13) and $10.33 for non-residents (City is at $13.14). Staff proposes to use the current local market average as the new base rates with no increase in 2010, and a 5% increase in 2011, and 5% in 2012 Staff proposes to rollback our commercial rates 10% to what they were in FY2008. The current economic conditions and increased Federal fishing restrictions on the commercial fishing fleet have dramatically reduced commercial trips due to fewer tourists and for fishing there are fewer options on what fish may be caught and retained. For the Downtown Slips, staff proposes to set the rates at $9.00 per foot for residents and $10.50 for non-residents. Staff proposes to increase rates for the Downtown Slips at 3% per year as an approximation of an annual CPI increase. Staff recommends that the City move forward with the lottery for the persons who submitted their deposits prior to the established deadline. Staff anticipates an increase in interest at the new rates and will either hold a Second lottery or assign slips first come first serve. In response to questions, Marine and Aviation Director Bill Morris said staff would further cut expenses and raise rates in applicable areas if slips do not fill with proposed lower rates. A RFP (Request for Proposal) on variable slip rates based on location is scheduled for this summer. Finance Director Margie Simmons said all of the enterprise funds, except parking and the Harborview Center, pay a PILOT (Payment in Lieu of Taxes) contribution. Eliminating the Marina's PILOT contribution would impact the General Fund. Assistant City Manager Rod Irwin said an aggressive rate structure was adopted when the economy was stronger. Staff made best estimates to how market would respond. Mr. Morris said the City uses a fuel vendor from Ft. Myers who uses the valve tech additive. Local vendors do not use the same additive. The City has a contract with Valve Tech that allows the use of their logo on all advertising. Ms. Simmons reviewed the proposed lottery process. It was stated that Resolution 09-10 must outline the lottery process. Council Work Session 2009-02-17 2 Authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat Slips, ensure public access to the docks, boardwalks and promenade and adopt Resolution 09-10. In the Downtown Boat Slips referendum, Ordinance 7777-07 required City Council adopt a resolution with regulations that provide City residents first priority for the dedicated boat slips and ensure public access to the docks, boardwalks and promenade. By approving Resolution 09-10, City Council agrees to provide City-owned publicly accessible docks, moorings and promenade on the property generally bounded by Drew Street, Pierce Street, the Intracoastal Waterway Channel and the Bluff. Council also stipulates that Clearwater residents (domiciliaries) will have first priority of the boat slips. The Legal Department has clarified residency for staff. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile requires bodily presence in that place and also an intention to make it one's permanent home. Legal staff explains that one way of grasping this concept is to understand that acquiring a legal residence, or domicile, is like becoming a citizen of a particular state. As a "citizen" - that is, a resident or domiciliary of a state - a person may enjoy benefits afforded only to domiciliaries of that particular state, such as the right to receive in-state tuition rates to colleges and universities. As such, the law analyzes an individual's intent, rather than time spent in a given place, to determine an individual's domicile. A few criteria to be used in evaluating if a Lottery applicant is a legal resident (domiciliary) of Clearwater will be where the applicant claims their homestead exemption, a copy of their most recent lease agreement if they rent, the address where the applicant is registered to vote, and the address indicated on the applicants latest federal income tax return. The public will not be restricted from access to the promenade. The promenade is not connected to the docks. The public docks will be accessible to the general public from 6:30 a.m. to 9:00 p.m. After 9:00 p.m., the gates will be locked and only boat slip tenants will have access with a key. These are the same hours as the Municipal Marina. On April 17, 2008, City Council passed Ordinance 7927-08 setting time limits on the time boaters can spend on public docks such as the Island Way Grill and the Recreation Center. It was determined that boaters of non-leased public docks shall not be permitted to occupy City- owned public docks during the period each night between 10:00 p.m. and 8:00 a.m. This same restriction will apply to the Downtown Boat Slips at the public docks. Staff directed to outline the lottery process. City Manager Economic Development Strategic Plan Schedule - Work Session Discussion Assistant City Manager Rod Irwin said recent redevelopment efforts concentrated on downtown or the beach and requested guidance regarding how staff should respond to inquiries outside of the CRA (Community Redevelopment Agency). Council Work Session 2009-02-17 3 Economic Development & Housing Director Geri Campos Lopez said staff recommended as part of this year's department work program to look into laying the foundation for the creation of a Citywide Economic Development Strategic Plan. Staff would continue meeting with businesses that would like to relocate into the City. However, they do not qualify for any of the City's current incentive programs and may need some assistance. This example has prompted the discussion of whether to make the development of the economic development strategic plan a priority work program item for the Department. Staff is currently in discussions with a significant prospect that would desire to relocate to Clearwater, and would not only bring quality jobs, but would likely attract a "cluster' of supporting businesses that would also seek to locate in the City. Staff currently has neither the policy framework nor the incentive/assistance structure to respond effectively. In the past, staff has largely deferred to the County economic development agency for leadership in such business recruitment and relocation. However, staff has found that the breadth and scope of the County's focus is not always consistent with City needs, and it would be better served with its own efforts and priorities, that cooperate with County and regional initiatives. Finally, as part of the Tampa Bay Partnership's new three-year Strategic Plan, the partnership is developing a "Model for Prosperity" that is looking at the regional economy and identifying areas for investment and growth. One focus area is a "blueprint for economic development" that is research-based to drive regional prosperity by identifying and supporting the region's strengths and fueling job growth. The City needs to be prepared to use the information being collected by its partners for implementation in its area. To do so, however, staff needs to clarify the City's position and objectives as a community. Strategic planning is a process that communities take to look at its current situation, envision their future, and take the appropriate steps, given the local resources, to achieve that future. Economic development strategic planning involves: 1) A realistic appraisal of available resources, constraints, and opportunities; 2) The development of achievable goals; 3) The formulation and implementation of project action plans to reach goals; 4) A strategic planning process is not about grand plans; it is about focusing on the key or critical issues and charting a feasible path to address those issues. The International Economic Development Council's workbook on Economic Development Strategic Planning development of a plan usually takes between six months to one year and would require consultant assistance to complete. It involves feedback from stakeholders in the community and a commitment to making changes. Discussion ensued. Ms. Lopez said incentives are based on job creation, if the jobs are not created then the money is not given. It was suggested that the Planning Department be included in the process. Official Records and Legislative Services Amend Council rules to change Work Session start time to 9:00 am and adopt Resolution 09- 08. The Council directed that Council rules be changed to return work sessions to a 9:00 a.m. start time effective March 2, 2009. This start time can be changed due to conflicts with other meetings Councilmembers attend, such as the TBRPC (Tampa Bay Regional Planning Council) that meets on the second Monday of each month. It should be noted that on October Council Work Session 2009-02-17 4 12 there is a conflict with the TBRPC in the morning and PMI (Pinellas Mobility Initiative) in the afternoon, so, this work session will be held on Tuesday, October 13. A revised schedule of work sessions will be distributed. Staff directed to have change effective March 16, 2009. City Manager Verbal Reports -None Council Discussion Items Fertilizer Ordinance - Councilmember Gibson Councilmember Petersen said Tampa Bay Regional Planning Council discussed the County was planning a countywide ordinance. Other Council Action Councilmember Cretekos requested that library rentals be placed on the next work session agenda. Mayor Hibbard said he attended the Metropolitan Planning Organization (MPO) meeting this morning and apologized for being late. The MPO prioritized US-19 as number one. Adjourn The work session adjourned at 10:30 a.m. Council Work Session 2009-02-17 5