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03/27/2019 Charter Review Committee Meeting Minutes March 27, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 ap m Meeting Minutes Wednesday, March 27, 2019 4:30 PM Main Library - 2nd Floor Board Room Charter Review Committee Page 1 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 Roll Call Present:11 - Michael Mannino, Darryl James Henderson, Richard Adelson, Kathleen Agnew, Marilyn Kagan, Kelly S. Kelly, David Lillesand, Marita M. Lynch, Mike Riordon, Becca Tieder and Michael D. Anderson Absent: 2 - Bruce Rector and Sean Schrader Also Present-Pamela Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - ORLS Coordinator 1. Call to Order— Chair Mannino The meeting was called to order at 4:30 p.m. at the Main Library. 2. Approval of Minutes 2.1 Approve the March 13, 2019 Charter Review Committee Meeting Minutes as submitted in written summation by the City Clerk. Vice Chair Henderson moved to Approve the March 13, 2019 Charter Review Committee Meeting Minutes 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 Lisa Lanza expressed concerns with Stantec, the outside auditor, being involved with Imagine Clearwater and suggested a separate external auditor be hired. 4. New Business 4.1 Review Section 2.01(d)(5-7), Real Property The City Attorney will review charter restrictions and special act limitations. ARTICLE II. - LEGISLATIVE POWER Section 2.01. - Council; composition; powers. (d) Limitations. The legislative power provided herein shall have the following limitations: Page 2 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 (1) The total indebtedness, which for the purpose of this limitation shall include revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the current assessed valuation of all real property located in the city. The total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. (2) The city council shall by ordinance adopt procedures for the purchase or rental of goods and services. (3) Any non-budgeted expenditure in excess of$5 million must be approved by the council at two separate meetings held at least two weeks apart and advertised notice of a public hearing must be given at least five days prior to the second meeting. (4) With the exception of maintenance or emergency dredging, or dredging relating to those portions of Dunedin Pass and Stevenson's Creek located within the boundaries of the city, permits for dredging or filling in excess of 10,000 cubic yards below the mean high water line may be authorized only after a properly advertised public hearing before the council and approval at referendum. (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, the real property must be declared surplus and no longer needed for municipal public use by the council at an advertised public hearing. Except in the case of right-of-way dedications, the granting of easements, transactions with governmental entities as described herein, or conveyance for Workforce or Affordable Housing no real property may be given away or donated without prior approval at referendum. Following a public hearing, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing. Workforce or Affordable Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) for Pinellas County or metropolitan area. (ii) Except as otherwise provided herein, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the council and whose proposed use of the property is in accordance with the council's stated purpose for declaring the property surplus, if any. However, when the property declared surplus is vacated right-of-way in which the city owns the fee interest and the vacated right-of-way is abutted by a single property owner, no competitive bid shall be required; and the city may sell the property to the abutting property owner for not less than fair market value. (iii) Surplus real property may be transferred to another governmental entity for less than the appraised value after an advertised public hearing has been held and a finding by the council of a valid public purpose for the transfer. Page 3 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 (iv) Surplus real property may be exchanged for other real property having a comparable appraised value. (v) 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 any time thereafter, may be sold, donated, leased for a new use, or otherwise transferred without prior approval at referendum, except when the council determines it appropriate to dedicate right-of-way from, or easement over, such property. Such recreation/open space property may be leased for an existing use, without referendum, unless such lease is otherwise prohibited by charter or ordinance. (vi) 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 solely for utility purposes from being vacated, exchanged for a new easement for similar purposes or from converting a fee interest for utility purposes into an easement for such purposes. (vii) The council may lease municipal real property for five years or less without declaring it surplus. Municipal real property declared surplus may be leased for a term up to 65 years, provided, however, nothing herein shall preclude renewal of any lease for a maximum of 30 years. Municipal property declared surplus may be leased for an initial period of more than 65 years or a renewal period exceeding 30 years, if approved at referendum, but not to exceed 95 years total. (viii) All leases of municipal real property shall contain recapture and reverter clauses. (ix) When purchasing real property for less than $500,000.00, the council shall obtain an appraisal performed by city staff or independent certified appraiser. If the purchase price of such property equals or exceeds $500,000.00 but is less than $1,000,000.00, the council shall obtain at least one appraisal by an independent certified appraiser. If the purchase price of such property equals or exceeds $1,000,000.00, the council 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 in Appendix A, 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 1,200-foot-wide right-of-way, lying between the east abutment of the west bridge and the east line of Clearwater 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 public utilities together with associated appurtenances, except upon a finding by the council 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 Page 4 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 to the public hearing. For the purpose of this section "open space" shall include plazas, sidewalks, boardwalks, elevated walkways, paths, trails, roadways, stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding and similar amenities and surface parking. As an exception to the open space limitation contained herein, the following uses and facilities are allowed to be constructed and maintained on that portion of the city-owned property lying west of Osceola Avenue, east of Clearwater Harbor between Drew and Pierce Streets: a city-owned bandshell and associated facilities including removable seating; city-owned tennis courts and associated appurtenances, playground, splash pad, water features, artwork and similar amenities; public restrooms and park storage. Additionally, licensing of events, temporary booths for vending, and mobile concessions may be permitted. Notwithstanding any provision of this section to the contrary, city-owned public docks, promenade, side tie moorings and not more than 140 dedicated boat slips for recreational non-commercial vessels, together with public restrooms and dock master offices which shall not exceed 1,200 square feet and associated surface parking, may be constructed, operated and maintained in and on that portion of Clearwater Harbor and abutting uplands generally located south of Drew Street, north of Smith's Finger, east of the Intracoastal Waterway Channel and west of the Bluff as more particularly described in Appendix B. Potable water, shore power, sewage pump out and restroom facilities may be provided to and located on the slips, docks and moorings. The dockmaster's office may include coin-operated washers and dryers and sale of ice. The parking for the facility, which may be designated for use by slip tenants, shall be existing surface parking which shall be brought up to code and shall not result in any net loss of green space. City may permit ferries, water taxis, excursion boats and similar uses to access the docks for drop off and pick up of passengers, booths for ticket sales, and directional signage. The promenade shall be constructed on a portion of the footprint of the prior bridge. City council shall adopt by resolution regulations that provide city residents first priority for the dedicated boat slips and which ensure public access to the docks, boardwalks and promenade, however nothing herein shall prohibit fencing and gates for security. Concessions for rental of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats may be permitted and a restroom and boathouse structure not to exceed 2,000 square feet for storage of said equipment may be permitted. Except for a ramp for launching of non-motorized recreational equipment, including but not limited to canoes, kayaks, paddleboards, and paddleboats, no boat launching ramps, fueling facilities or parking garage shall be permitted. (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 Page 5 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 sold, donated, leased, or otherwise transferred or used for other than city facilities except upon a finding by the council 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 that the structure known as Harborview Center, as described in Appendix B may be leased for and used in furtherance of any municipal purpose consistent with the charter and ordinances of the city; and, portions of the Downtown Main Library may be leased and used for a cafe or restaurant, special events, art galleries, maker space, and other compatible public and commercial uses. Additionally, the council at a duly advertised public hearing, may grant easements for underground utilities. The City Attorney provided a PowerPoint presentation. In response to questions, the City Attorney said the OSR (Open Space Recreation) designation requires a referendum to change its designation, no matter where it is located in the city. Any permanent seating for the entertainment venue in Coachman Park would require a referendum. The property where the Harborview was located cannot be sold without a referendum, anything that is not a city facility would require a referendum. She said when looking at redevelopment or development of a site, one conducts an analysis on a site-by-site basis. The Main Library has some exceptions that allow for non-city facilities within the library. If one wanted to develop a hotel on any property from Osceola Avenue to the water it would require a referendum and a possible charter change that would permit the hotel. She said the civic gateway in Imagine Clearwater would be considered a public facility, if the development included retail, a referendum would be required. Imagine Clearwater proposes to develop a bandshell in the existing parking area at Coachman Park. The city charter has always referred to the stage area in Coachman Park as a bandshell. The City Attorney said the current bandshell falls outside the area defined by the Special Act of 1925 that prohibited carnivals or shows of any kind, the restriction has since been removed. The City Attorney said Council will be receiving information on the Imagine Clearwater proposal for the Coachman Park area at the April 1 special work session, staff anticipates more discussion to be held at the April 4 council meeting. As it relates to the properties on the Bluff along Osceola Avenue, a referendum will be required for any redevelopment, except for the CMA property, which would require a referendum if development goes beyond the 28-ft. line. A referendum would be required if any city property west of Osceola Avenue and north of Pierce Street is sold or leased for private development. Discussion ensued regarding removing the referendum requirement to allow development to the City Hall and Harborview sites. The City Attorney Page 6 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 cautioned removing the referendum requirement without any details for a proposed development as it may be difficult to convince the public to provide the authority to pursue the development on faith alone. An RFP is needed for the sale or lease of the CMA site. There was consensus to leave the referendum requirement as is. Staff was directed to provide a map of Downtown detailing property ownership (city-owned, county-owned). 4.2 Review Section 2.01(c)(1) - Evaluation of the City Manager and City Attorney ARTICLE II. - LEGISLATIVE POWER Section 2.01. - Council; composition; powers. (a) Composition. There shall be a city council, (the "council"), composed of five council members, including the mayor. The members will occupy seats numbered one through five, inclusive. All members shall be elected at large by the voters of the city. (b) Powers. All legislative power of the city shall be vested in the council, except as otherwise provided by law or the provisions of this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the city by law. (c) Duties. It shall be the duty of the council to discharge the obligations and responsibilities imposed upon the council by state law, city ordinance and this charter. As a part of the discharge of its duty, the council shall: 1. Each October at a public meeting, present a report on the evaluation of the performance of the city manager and city attorney. 2. Adopt by ordinance a comprehensive system of fiscal management. The fiscal management ordinance shall include provisions relating to the operating budget, capital budget and capital program, and provide for hearings on the budget, capital budget and capital program and the amendment of the budget following adoption. 3. Provide for an annual or more frequent independent audit of all city accounts by a firm of certified public accountants, and provide for publication of a notice of availability of each audit. No firm shall be employed for more than five consecutive years. All audits shall be in accordance with law. 4. Regulate comprehensive planning, zoning and land development as provided by law. Chair Mannino said he spoke with Lynn Tipton, Florida League of Cities University Director, regarding standardizing the evaluation process for the city manager and city attorney and including such process in the charter. Ms. Tipton did not recommend including the evaluation process in the city charter as it would be too restrictive. She suggested establishing the protocol by ordinance, which could be amended by council at any point. Chair Mannino said if the evaluation process was included in the charter, Page 7 City of Clearwater Charter Review Committee Meeting Minutes March 27, 2019 it would require a referendum to amend the charter. Discussion ensued with comments made that the city manager and city attorney's job performances are reviewed daily and can be dismissed if council is not satisfied with their job performance and voters will hold the council accountable. In response to a concern, the City Attorney said approximately twenty-five years ago, the City Commission hired an expert to review the Legal Department which resulted in hiring a new city attorney. There was consensus to not amend Section 2.01(c)(1). Public Comment Bill Jonson said, based on his experience on council, it did take a long time to get things done and noted there lacked congruency among council to identify top priorities and he suggested that the charter include language that would require a strategic planning session and written comments of the city manager and city attorney's performance evaluation. Lisa Lanza said unless there is a motion on the floor the public is not allowed to comment on discussion and said that the Special Act of 1925, Section 6, contained an error, it states the land must remain public access and utilities, not recreation. The City Attorney said the 1925 Special Act restriction is independent of the deed restriction; the utilities provision is a charter provision. The special act states it is for a public purpose. 4.3 Set agenda for next meeting The City Attorney said Dr. Scott Paine from the Florida League of Cities will provide a presentation on districting and forms of election at the next meeting. If the discussion requires more time, he is available to return. Page 8 City of Clearwater Charter Review Committee 5. Adjournment The meeting adjourned at 6:02 p.m. Attest: Meeting Minutes March 27, 2019 Page 9 City of Clearwater