Loading...
08/12/2003 (2) , " . ' . . , . . , . , , . .. ,..CHARTER .... .......... . REVIEW .. .COMMITTEE.... , . MINUTES, '. '.' . . , , . , t c. , . . ' ' . , , . . .... . . . . , '. , . . ". . . " . c.' . ' . '. ' . ... . Date . 'o81'dlo~ ..', .'.. .. . , .' . '" . . . . . , . , . . '" . . . , . ',. . . , , , . , , . . " i I " ' . ' , . . ' . . . , . , . . ~ . .... , , ~ " . . - .' , , , , 'I . . ... , . , .. , . , . , .,,' , . . , . , . , . , . 4 '. . , , .., i '. c < , . '. , '. . ,.., '. . .-l . " . , . , .' . ~ " '<., I ..,.,' , , ,t' ,. c . .' , : . . , ,. '. '+' '. ' .. . " c , ., , , '.. '. . .. t." r " . ~ . L' . " + 'I ", . . . " , . '. . , " , , . . . . . .' . . , . " ',~. . . , ' \ ,."1 . . . " . ~' . I . I, . 'I, ,; " ,', ' , L . '. ',' I . . . . I ' . -" , , ,,', '. . CHARTER REVIEW COMMITTEE MEETING CITY'OF CLEARWATER August 12, 2003 Present: Daniel Dennehy Katherine Elliott Cole John Doran Nicholas C. Fritsch Thomas D. Calhoun William Joe Fisher Isay M. Gulley Jay F. Keyes Jay Edwin Polglaze Chair Committee Member Committee Member Committee Member Committee Member Committee Member - arrived 4:48 p.m, Committee Member - arrived 4:31 p,m, Committee Member Committee Member Absent: Melody W. Figurski Timothy A. Johnson, Jr. Lawrence (Duke) Tieman Vice Chair Committee Member Committee Member Also Present: Pamela Akin Cyndie Goudeau Rosemarie Alfaro Brenda Moses City Attorney City Clerk Administrative Analyst Board Reporter The meeting was called to order at 4:30 p.m. at City Hall. .' To provide continuity for research, items are in agenda order although not ~ecessarily discussed, in that order. " 2. Approval of June 24, 2003, minutes Member Keyes moved to approve the minutes of the regular meeting of June 24, 2003, as submitted in written summation to each committee member. Member Cole questioned if the consensus in the last paragraph on page two, which' regards deleting the dates for qualifying and the election, required a formal motion. City Attorney Pam Akin said it did not. The motion was duly seconded and carried unanimously. Ms. Akin said regarding Section 8.03, State law. mandates the order of ballots;' therefore. no change'would be made to that section of the Charter. 3. Review properly issues Ms. Akin reviewed the changes as proposed by the committee at previous meetings. . . Ms Akin reviewed changes to Article VI, which delete unnecessary language and changes "Commission" to "Council." Charter Review 2003-08-12 1 ' 8/12/03 ~' .,' L ' . . " " , . ~, ~ ' .... \ t ~ . ..' " , '. { : , ,\ ,I ~. : .' ' . , , ... . Discussion ensued regarding two options presented by the City Attorney regarding Section 2,01, One alternative was for a sweeping change and one dealt with incremental change on surplus property and donations. . The first option (Option A) regarding Article II, Section 5, is as follows: (5) Real property. (i) The city council shall'by ordinance adopt procedures relatinQ to the purchase, sale, donation,' or transfer of real property. Such procedures shall include criteria for donation of property by the City to non-profit organizations and Qovernmental entities. PfiGf-te . the salo, donation, lease-for a t9ffiHonger thaR-five yea~flef H:aRsfer Of-aRy.-ffiHfHGipal real property, the real-property mllst-Ge GeGlafe€i-5Hr-plus and no longer needed f-or-mWliGipal public use by the commission at an advertised pueHc hearing. EXGepHR the case of ri9Rt of way ded~Gation6, tAe-gfaRt~Ag of eagemeAtS;-Gf transactions vo/ith gO\lornmental-eRtUies-as described her.ein, no re~l property may be-given ::Jway or donated 'Nithout prior-approval at referenGum:- w . ~ M m v) <ilL Yi ) . Except as otherwise provided herein, real property declared surplus shall be sold to tAe-party-submitting the highest oompetitive bid abovo the ~ppraised value whose bid meets the terms set by the commission and whose proposed use of the property is in 3ccord3Ace with the-oommission's 6ta~ fGr-Geslaring the proporty surplus,U any. Surplus real preperty may be transferred to another governmental' 'entity for less than the appraised value ::Jfter an advertised public hearing has been held and :3 finding by the oemmi6sion of a valia J*lbIic purpose for tho tran6feF. Surplus real property may be exchanged for other real property having a comparable oppraised valHe. . No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989 (or as may be amended thereafter), may be sold, donated, leased for a new use, or otherwise transferred' without prior approval at referendum, except when the council oommissiaA determines it appropriate to dedicate right~of-way or easements from such property. Such recreation/open space property may be leased for an existing use, without referendum, unless such le()se is otherwise prohibited by charter or ordinance. No right-of-way or easement which terminates at, or provides access to, the water's edge of a body of 'fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement for utility purposes from being exchanged for a new easement for similar purposes or from cO~lVerting a fee interest for utility, purposes into an easement for such purposes. Charter Review 2003-08-12 2 8/12/03 , . "I'" , .',. .' " , . I ~' \ ,I . ,,\"" , I' ,i I.' . . " . \ " ., '> '.' , "'. ' ' ~, . , . (vii) The-Gemmission may lease mURicipal re~1 property for five yeaR; or less without decJafing it surplus, Municipal real propeFty declared surplus may be leased for :l term up to 30 year-&; provided, however, nothing herein shall preol\;lde renewal of.-.iffiy lease for a maximum of 30 years. Mt::micipal property declared Stlfplus may be leased for an initia~ime or a renewal peRod exceediRg 30 years, if approved at referendum, but Aet-te . exceed 60 years total. Leases of real property in aA-ffiGustrial park GRail provide for contifHffil use for private/public business F*lfPOses, shan provide a re06oAabIe--Fate of return on the city's investment, ,~nd sholl inclHde a rent escalatlGR-GlaHS9:- (viii) AI~ea6es of municipal reol property 6hal~pturc and reverter clau~ . (ix) 'lVhen purchasing reol property for less than $250,O~0, the commi5sion shall obtain an apprai6al-performed by city staff-Gf independent certified appraiser. If tho puffil:lase price of SUGA ' property equals or exceeds $250,000.00 but is less than 5500,000.60; the commission shall obtaiR-at-least oAe-awr-aisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00, the commission shan obtain at least two oppraisals by independent certifiee appraisers. In response to a question, City Clerk Cyndie Goudeau said the ballot questions do not show specific language being proposed, however the entire Ordinance(s) is . available at the polling place. Ms. Akin said some of the questions regarding donation of property, disposition of uneconomic remainder properties, the new downtown marina, etc. may be' separately listed on the ballot. It was remarked that the way in which a question is worded is important. Discussion ensued regarding the sweeping change versus the incremental change. Although the majority of the committee preferred the sweeping change, it was felt it may not pass referendum, and would result in the inability of the City to improve the process of disposing of uneconomic remainders and surplus property. . The ~econd option (Option B) regarding Article II, Section 5, is as follows: (5) Real property. (i) Prior to the sale, donation, lease for a term longer than five years, or other transfer of any municipal real property, tAe real propefty must bo doclared surplYS-and no IORgef-fleefJed for mUAiGipal pOOnG-Use by the council oommission must determine at an advertised pUblic hearing that such action serves the public interest. Except in the case of right-of-way dedications, the granting of easements, disposition of uneconomic remainders. or as otherwise provided herein. tfaAsaGtions 'lIithiJGvemmentaJ emities-as-aeSGfibed hereiR, no real property may be given away or donated without prior approval at referendum, Charter Review 2003-08-12 3 8/12/03 ',.' . I . , " '. ' '~, . : ,,' ~, , ' : ~' " 1. ~' . ,.,. ," . .. ..,., " " ..~ '. . (ii) Except as otherwise provided herein. where the council has determined that sale of real property is in the public interest as provided in section (n herein, the real property sedaTed SUFptHS shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council commission and whose proposed use of the property is ill accordance with the council's commissions stated purpose fGf= deGtafing the property 5U~. if any. (iii) SurfHHs Rreal property may be transferred to another governmental entity for less than the appraised value after aA advertised public hearing has beefH:letd ~md a finding by the council oommissioo of a valid public purpose for the transfer at an advertised public hearinQ. (iv) SHff*ls Rreal property may be exchanged for other real property having a comparable appraised value upon a finding of the council at a public hearinQ that such exchanqe is in the public interest. (v) The council may donate real property to a non profit orQanization for the construction of sinole family residential units upon a findinq by the council at a public hearinq that such donation serves a public purpose. . (vi \I) No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map on November 16. 1989 (or as may be amended thereafter), may be sold, donated. leased for a new use. or othelWise transferred without prior approval at referendum, except when the council GGmmission determines it appropriate to dedicate right-of-way or easement from such property, Such recreation/open space property may be leased for an existing use, without referendum, . unless such lease is otherwise prohibited by c,harter or ordinance. (vii) No right-at-way or easement which terminates at; or provides access to. the water's edge of a body of fresh or salt water may be vacated for private benefit. Nothing contained in this section shall prevent an easement for utility purposes from being exchanged for . a new easement for similar purposes or from converting a fela interest for utility purposes into an easement tor such purposes. (viiI) . The com~ission may lease mUfliGif*3Hea~Feperty for five years After a findinq as provided in section (i) herein the council may lease municipal real property for a term UP to 30 years and renew such lease for a maximum of 30 years. or less without deGlar.fAg-it 6urplu6. Mtmicip~1 real;3roperty declored surplus-may be leasee for a term up to 30 years, p~owevor. nGthing hefetA-SRa1l f*8GIOOe-FeAewak>> any lease for a ma~muffi.Gf-30 yeaf6-: Municipal property declared surptw;..may be leased for-afHrnUaJ per-iOO-ef-Hma...Gf a renewal-period exceeding 30 years, if-af3I*'-eved Charter Review 2003-08-12 4 8/12/03 . . " " I ;,'" ' .' ~. " " , ,.' '. _ ,'~ .' .' . , ' at-feferendum, but-AGt-ta exceed a oeriod exceedinq 60 years-IT approved at referendum,tGtal. Leases of-feal-property.4A-aA iAdu&tRa4>ar.k-sRaIt-pr-Gvide-fGf.-GGAtffiuaJ....yse-fG~ate/pubHG busiAeG6-pur-poseS;-6hall-~Ge :I renSGRable rate Gf-.fetufA-Gn the-Git~s-iRvestmeAt-;-aRd--shan-ffiGlude 3 (-eRt escalatioo-Glau~ (ix viii) AH-teases-ef-mu~GipaH-eat-pffipertY-SAall-GOntaiR-reGapture-aAd revertef-Glauses; (ix) When purchasing real property far less than $250,000.00, the council oommffismn shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds $250,000.00 but is less than $500,000,00, the council sommissiGA shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00, the council rommissiGA shall obtain at least two appraisals by independent certified appraisers. (6) No municipal or other public real property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being further described as: . That portion of city-owned land bounded on the north by the right-of-way of Drew Street, on the east by the right-of-way of Osceola Avenue, on the south of the right-of-way of Pierce Street, and on the west by the waters of Clearwater Harbor, lying below the 28 mean sea level elevation, together with the following described tract: Beginning at the northeast corner of section 16, township.29 south, range 15 east, Pinellas County, Florida, and run thence west along the north line of said section, 1320.0 feet; thence south along the west line of. the east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an intersection with an easterly projection of the centerline of Pierce Street; thence , south 89045'00" W along the centerline of Pierce Street, 418 feet to an iron stake set in a projection of the west line of Osceola Avenue as extended across Pierce Street; thence south 20 feet along this projection of the southwest corner of the intersection of Pierce Street and Osceola Avenue; thence south 88018'42" W . along the south line of Pierce Street, 375 feet to the point of beginning; thence continue south 88018'42" W, 270. 89 feet along said south line of Pierce Street to .the east right~of-way line of Pierce Boulevard; thence south 19024'39" e~st along aforesaid east right-of-way along a curve to the right, chord 157.24 feet, arc 157.41 feet, radius 980 feet; thence north 88018'46" east, 120.42 feet; thence north 0014'32" west, 50 feet; tlJence north 88018'42". 1 00 feet; thence north 0014'32" west, 99.80 feet to the point of beginning less and except that portion of the above described tract designated for the Sandshell Site. and no municipal or other public real property constituting the Memorial Causeway or lands immediately contiguous thereto, more particularly described as: . That portion of Memorial Causeway (S.R, 60) a 1200-foot-wide right-of.way, lying between the east abutme~t of the west bridge and the east line of Clearwater Charter Review 2003-08-12 5 8/12/03 . I' 'I I \ . ,'. \.' , It',,' , . I, . , ' " ~ ,'. . . . ' , : t . ~ . Harbor, and the submerged portions of Board of Trustees of the Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be developed or maintained other than as open space and associated recreational facilities and public utilities together with associated appurtenances such as parkinq facilities, except upon a finding by the council GemmissiGA at a duly advertised public hearing that such development is necessary in the interest of the public health, safety and welfare of the citizens of the city and approval of such finding at referendum. conducted subsequent to the public he~rlng. City~owned tennis courts. marina and amphitheater and associated appurtenances . may be constructed and maintained on such property south of Cleveland Drew Street. , (7) No city owned real property in the area bounded on the north by Drew Street. on the east by Osceola Avenue, on the south by Pierce Street, and on the west by the waters of Clearwater Harbor, shall be sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council commissioA at a duly advertised public hearing that such transfer or use is necessary and in the interest of the public health; safety and welfare of the citizens of the city and the approval of such finding at referendum; except for that structure known as Harborview Center, more particularly described as: . ,Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's Corrected Map of Causeway Business District, according to the plat thereof as recorded in Plat Book 57; Pages 1 and 2, Public Records of Pinellas County, Florida; for a POINT OF BEGINNING. said point being said Westerly right~of~way line of Osceola Avenue; run thence S 01026'17" E. along said Westerly right~of~way line of Osceola Avenue, 224.38 feet, to the Northerly right-of-way line of Cleveland Street; thence N 89058'26" W; along said Northerly right-of-way line of Cleveland Street, 403,55 feet; thence N 00QOO'15n W, along a line West of the existing Harborview Center Building, 217.30 feet; thence along a line Northerly of said Harborview Center Building the following two courses, S 89Q58'26" E, 187.20 feet; thence N 88007'145" E, 310.85 feet to the POINT OF BEGINNING. Which structure may be leased for and used in furtherance of any municipal purpose consistent with the character and ordinances of the city, (Ord. No. 6373~99, 99 1. 2. 1-21-99/3-9~99) . It was requested the City Attorney submit proposed language for Paragraph 5(viii) that allows the Commission to lease municipal real property for a term of 30 years .with the ability to negotiate a new lease at its expiration and allows le'ases longer than 30 years if approved by referendum. . . Concern was expressed regarding allowing a parking, facility being allowed in the waterfront area. Discussion ensued and the majority agreed if done properly this should be allowed, Consensus was to move the legal description in Paragraph six under Section 5 to an appendix, Charter Review 2003-08-12 6 8/12/03 , , . 4. Discussion re public meeting Discussion ensued regarding holding a public meeting to get more input about . the commiUee.s suggestions. Co~sensus was to schedule the public meeting for September 9 at City Halt. The time of the meeting is to be determined. The next .meeting is scheduled for August 26 to review and finalize real property issues. Ms~ Goudeau will check to see if the marked up version of proposed changes could be posted on the City's website. Ms. Akin requested the committee carefully review the copy of suggested changes she provided to them. The Chair said along with the Vice- Chair's help. he had planned to draft the committee's final report to the Commission. , . 5. Set aoenda for August 26 meetinQ The August 26 meeting will involve discussion of fina' recommendations regarding the real property section of the Charter and any other overall comments or ' suggestions. 6. 'Adiourn The meeting adjourned at 5:44 p. m., '; ~. .~ -I '.. , Chair . ".... -.Charter Review Committee' A~ttest: In'.. <\ J _ ~ '-'- r~p-' Cit f~rk.. ., , , " ". . , , Charter Review 2003-08-12 ' 7 8/1 2103