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05/10/2007 CHARTER REVIEW COMMITTEE CITY OF CLEARWATER May 10, 2007 Present: Jay E. Polglaze Chair Howard Warshauer Vice-Chair – arrived 4:38 p.m. William Blackwood Committee Member Frank L. Dame Committee Member Elizabeth Drayer Committee Member. Joseph Harra Committee Member Joshua Magidson Committee Member Joyce E. Martin Committee Member – departed 6:08 p.m. Kathy Milam Committee Member – arrived 4:36 p.m. Alex Plisko, Jr. Committee Member William Wallace Committee Member Absent: Candace Gardner Committee Member Also Present: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Rosemarie Call Management Analyst Brenda Moses Board Reporter The Chair called the meeting to order at 4:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2. Approval of Minutes – April 26, 2007 Member Magidson moved to approve the minutes of the regular meeting of April 26, motion 2007, as submitted in written summation by the City Clerk. The was duly seconded and carried unanimously. 3. Direction from City Council – review items not yet discussed Transfer of Surplus Property Discussion ensued regarding reducing restrictions on the transfer of surplus property for affordable housing. Opposition was expressed to deleting real property limitations. It was remarked that ballot language regarding donation of real property in 2004 referendum did not define affordable housing. It was recommended that the term “workforce housing” be clearly defined in the Charter. Discussion ensued regarding uneconomic remainders. In response to a question, the City Attorney said the City has very little surplus property. The City wants the ability to donate uneconomic remainders to abutting property owners. Member Dame moved to recommend that the last sentence in Section 2.01(d)(5)(i) read “Except in the case of right-of-way dedications, the granting of easements, transactions with Charter Review 2007-05-10 1 governmental entities as described herein, or donation for workforce housing units, no real motion property may be given away or donated without prior approval at referendum.” The was duly seconded. Members Blackwood, Dame, Drayer, Harra, Martin, Milam, Plisko, Wallace, carried. Warshauer, and Polglaze voted “Aye.” Member Magidson voted “Nay.” Motion Discussion ensued. Staff directed to provide language defining uneconomic remainders and workforce housing. Coachman Park Member Magidson moved to recommend that Sections 2.01(d)(6) and (7) be deleted from the Charter. Discussion ensued. Concern was expressed that voters would not approve removal of those sections without a comprehensive plan for Coachman Park. Suggestions were made that Coachman Park should remain open green space and that its concerts be moved elsewhere. Concern was expressed that the park is underused. motion The was duly seconded. The City Attorney reviewed the range of provisions of subject sections and suggested they be considered separately. Member Magidson withdrew his motion. Member Magidson moved to recommend that Section 2.01(d)(6) be deleted. The motion was duly seconded. Members Blackwood, Dame, Harra, Magidson, Milam, Plisko and Warshauer, and Polglaze voted “Aye.” Members Drayer, Martin, and Wallace voted “Nay.” carried. Motion Discussion ensued regarding OS/R (Open Space/Recreation) designated property. Member Magidson moved to recommend that Section 2.01(d)(7) be deleted. motion The was duly seconded. Members Blackwood and Magidson voted “Aye.” Members Dame, Drayer, Harra, Martin, Milam, Wallace, Warshauer, Plisko, and Polglaze voted failed. “Nay.” Motion Jack Russell Stadium Discussion ensued regarding the disposition of Jack Russell Stadium. In response to questions, the City Attorney said the stadium is designated OS/R. The City cannot sell or lease it for a purpose other than its current use. However, a buyer could request a change of use. A list of OS/R properties was requested. Member Magidson moved to recommend that Section 2.01(d)(5)(v) be deleted. The motion was duly seconded. Charter Review 2007-05-10 2 Discussion ensued. Concern was expressed that this motion removes current restrictions on City Council disposition of OS/R property. The City Attorney said the City's Comprehensive Plan requires the City to have a specific amount of open space. In response to a question, the City Attorney said the designation can be changed if OS/R property becomes obsolete and cannot be used by the City. All properties designated OS/R after 1989 are regulated by Charter. The seconder withdrew his second. Another member duly seconded the motion. Upon the vote being taken, Members Blackwood, Harra, Magidson, and Plisko voted "Aye." Members Dame, Drayer, Martin, Milam, Wallace, Warshauer, and Polglaze voted "Nay." Motion failed. Member Dame moved to recommend that Section 2.01 (d)(5)(v) read, "No municipally owned real property which was identified as recreation/open space on the city's comprehensive land use plan map on November 16, 1989,or at anytime thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior unanimous consent by Council. . . Such recreation/open space property may be leased for an existing use, unless such lease is otherwise prohibited by charter or ordinance." The motion was duly seconded. Members Blackwood, Dame, Harra, Magidson, Milam, Plisko, Wallace, and Warshauer and Chair Polglaze voted "Aye." Members Drayer and Martin voted "Nay." Motion carried. Other It was suggested that the Committee consider for future discussion a Charter provision requiring the Mayor to develop and maintain a five-year historic preservation plan. Next Meetinq Dr. Susan McManus will discuss forms of government at the May 24, 2007 meeting at 2:30 p.m. at the Main Library. 4. Review list of Possible Chanqes - None. 5. Adiourn The meeting adjourned at 6: 1 0 p.m. ~~ Chair-- Charter Review Committee Attest: >>~ak. (ltU( 1P { City Clerk Charter Review 2007-05-1 0 3