Regular City Commission Meeting

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MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 1, 2004, AT 2:30 P.M.

PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Robert M. Fournier ABSENT: None PRESIDING: Mayor Martin

The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m.

City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance.

1. CHANGE TO THE ORDERS OF THE DAY - APPROVED CD 2:33 through 2:36 City Auditor and Clerk Robinson announced for the benefit of the public the following item concerning the Agenda: A. Continue Item XIV-A-1 Non Quasi-Judicial Public Hearing Re: Proposed Second Amendment to the Development Agreement Between The City Of Sarasota and SLAB, LLC for the Ritz-Carlton Hotel and Condominiums Project for Phase I and Phase II (Application No. 99-DA-01) to the November 15, 2004, Regular Commission meeting.

City Manager McNees presented the following Change to the Orders of the Day: A. Remove Item VI-1 Unfinished Business Re: Status Report Re: Legislative Efforts for the Reinstatement of State-Funded Program to Renovate Existing Spring Training Facilities per his request.

Mayor Martin asked if the Commission has any objections to the Change to the Orders of the Day; and hearing none, stated that the Change to the Orders of the Day is approved by unanimous consent.

2. CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:36 There was no one signed up to speak.

3. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETINGS OF OCTOBER 4 AND 18, 2004 - APPROVED (AGENDA ITEM II) CD 2:37 Mayor Martin stated that hearing no changes, the minutes of the Regular City Commission meetings of October 4 and 18, 2004, are approved by unanimous consent.

The Commission recessed at 2:37 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 2:42 p.m.

4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED (AGENDA ITEM IV-A) CD 2:42 through 2:43 MOTION: Approve Consent Agenda No. 1, Item Nos. 1 through 4, inclusive. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Servian, Martin

5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1802) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1810) – ADOPTED; ITEM 3 (ORDINANCE NO. 04-4585) - ADOPTED (AGENDA ITEM IV-B) CD 2:43 through 2:46 MOTION: Adopt Consent Agenda No. 2, Item Nos. 1 through 3, inclusive. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Palmer, Servian

6. BOARD APPOINTMENTS: APPOINTMENT RE: HOUSING AUTHORITY BOARD OF THE CITY OF SARASOTA - APPOINTED G. DUANE FINGER (AGENDA ITEM V) CD 2:46 through 3:11 MOTION: Approve the Mayor's nomination of Duane Finger to the Board of Directors of the Sarasota Housing Authority. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Servian, Martin

7. UNFINISHED BUSINESS: DIRECTION RE: CULTURAL DISTRICT CONCEPT PLAN REVISIONS – APPROVED TO: 1) CONVENE A GROUP OF STAKEHOLDERS TO PROVIDE DIRECTION CONCERNING SOME MAJOR PORTIONS OF THE CULTURAL DISTRICT CONCEPT PLAN, 2) BROADEN THE SCOPE TO INCLUDE OTHER STAKEHOLDERS, AND 3) BRING BACK INFORMATION SO THE COMMISSION CAN MOVE FORWARD; ALSO APPROVED THE FOLLOWING FOR THE CULTURAL DISTRICT CONCEPT PLAN: 1) INCLUDE NO DEVELOPMENT OF RESIDENTIAL USES IN THE CULTURAL DISTRICT, 2) ALLOW NO EXCHANGE OF PROPERTY IN CENTENNIAL PARK FOR RESIDENTIAL USES, 3) ALLOW DEVELOPMENT OF USES FOR LEASES FOR ARTISTS IN RESIDENCE ASSOCIATED WITH CULTURAL VENUS, 4) REMOVE THE PROPOSED BUILDING FROM PARCEL 6 AND EXPAND THE PARK, 5) SUPPORT RECONFIGURING US 41, AND 6) SUPPORT A GRAND ENTRANCE INTO THE CULTURAL DISTRICT (AGENDA ITEM VI-2) CD 3:12 through 4:29

MOTION: Convene a group of stakeholders, comprised of representatives of the Symphony, the Van Wezel Performing Arts Hall (VWPAH), the two leadership groups of the Conference Center proposals, and the City Manager with designated Staff to first provide guidance concerning the major issues in the Cultural District Concept Plan and then to broaden the scope to include the Coalition of City Neighborhoods Association (CCNA), the boating community and the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) and then bring the information back so the Commission can move forward. OUTCOME: Passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Servian NAYS: Martin

MOTION: Approve the following for the Cultural District Concept Plan: 1) include no development of residential uses in the Cultural District proper which would be south of Tenth Street; 2) allow no exchange of property in Centennial Park for residential uses; 3) allow development of uses for leases for artists in residence associated with a cultural venue; 4) remove the proposed building from Parcel 6 and expand the Park; 5) support reconfiguring US 41, and 6) support a grand entrance into the Cultural District. OUTCOME: Passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Servian NAYS: Martin

8. ADDITIONAL CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 4:29 There was no one signed up to speak.

The Commission recessed at 4:31 p.m. and reconvened at 6:00 p.m.

9. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 2004, BOBBY THOMAS, LANDSCAPE MAINTENANCE I, PUBLIC WORKS DEPARTMENT (AGENDA ITEM XII-1) CD 6:00 through 6:09

10. SCHEDULED PRESENTATION RE: PRESENTATION RE: SPONSORSHIP REQUEST OF THE SARASOTA FILM FESTIVAL – REFERRED THE REQUEST TO THE ADMINISTRATION (AGENDA ITEM XIII-1) CD 6:09 through 6:35

11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SARASOTA AND SLAB, LLC, FOR THE RITZ-CARLTON HOTEL AND CONDOMINIUMS PROJECT FOR PHASE I AND PHASE II (APPLICATION NO. 99-DA-01) - CONTINUED TO THE NOVEMBER 15, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM XIV-A-1) CD 6:35

12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4584, AMENDING THE ENVIRONMENTAL PROTECTION CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA [A/K/A THE SARASOTA CITY PLAN (1998)] TO ADD A NEW ACTION STRATEGY 1.12 “SPECIFIC NATURAL RESOURCE PROTECTION INITIATIVES – MANATEES” ADOPTING BY REFERENCE THE SARASOTA COUNTY MANATEE PROTECTION PLAN DATED SEPTEMBER 24, 2003 AS MAY BE AMENDED IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 04-PA-01 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY)(APPLICATION NO. 04-PA-01, APPLICANT CITY OF SARASOTA) - APPROVED PROPOSED ORDINANCE NO. 04-4584 WITH THE CONDITIONS: 1) THE SARASOTA COUNTY MANATEE PROTECTION PLAN WILL NOT BE INTERPRETED EXCLUSIVE OF ANY CITY OF SARASOTA LAND USE REGULATIONS, 2) APPROVAL OF A CITY VARIANCE, IF NEEDED, WILL BE A PRE-CONDITION OF APPLYING FOR ANY STATE OR OTHER AGENCY VARIANCE, 3) THE LANGUAGE “AS MAY BE AMENDED” WILL BE DELETED, AND 4) LANGUAGE REGARDING THE REQUIREMENT FOR THE AFFIRMATIVE ACTION TO ADOPT CHANGES WILL BE INCORPORATED (AGENDA ITEM XIV-A-2) CD 6:35 through 7:33

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BOOK 57 Page 29117 11/01/04 2:30 P.M.

(Excerpt from public testimony regarding the Manatee Protection Plan) ...for the estuary at South Lido Park will be cited continuously by applicants as a basis to build a marina within the environmentally sensitive area; that the irony is saving the manatees which is noble will cause the destruction of a fragile estuary and nature habitat; that many sections of the County’s Manatee Protection Plan are valuable tools in encouraging manatee protection which are supported; that unfortunately, some serious flaws exist which adversely affect the City's sovereignty and the ability to shape the future; that the members of the Lido Key Residents Association urges the Commission to consider the long-term effects of ceding the responsibility for governing and influencing the outcome of siting boating facilities within the City; that the Manatee Protection Plan is the wrong plan in the wrong place with the wrong solutions.

Stan Zimmerman, 2469 Novus Street (34237), stated that he will echo and amplify the previous speaker's comments; that he has come before the Commission previously regarding the Manatee Protection Plan which is primarily a Boat Facility Siting Plan; that the Boat Facility Siting Plan is a large document; that the size of the City's Comprehensive Plan will be magnified by the insertion of the approximately 250 page Boat Facility Siting Plan; that the DCA is a bureaucracy which currently is not held in the best regard in Tallahassee, Florida, and has approximately one-half the staff of four years ago; that the DCA is struggling for survival; that the DCA is flexible and can reverse recommendations; that the DCA is not the City's master; that the DCA is willing to compromise; that the City is not forced to accept the Manatee Protection Plan to avoid incurring the wrath of the DCA; that the City can achieve a plan which more locally friendly to the City than the Manatee Protection Plan imposed on the City by the DCA and Sarasota County; that the Manatee Protection Plan is important to the City to continue waterfront development; that the DCA indicates no further waterfront development can occur if the Manatee Protection Plan is not adopted, which is an interesting manner in which to place a moratorium on waterfront development; that a back door moratorium will be created at the time development is rampant in the City including the waterfront areas;

Mr. Zimmerman continued that the only areas in the City recommended for boating facilities are the City's public parks; that other areas for boating facilities are indicated as conditional sites; that the only unconditional areas for future marine facilities are in the public parks which is a concern; that the indication condominiums may be constructed at Centennial Park is a concern to boaters regarding waterfront access; that the conditions for other marina areas are not indicated in the Boat Facility Siting Plan; that the indication is the conditions for siting a marina are to be prepared; that a question is who will prepare the conditions; that an alternative is suggested if a boating facility study is important to the planning perspectives for the future of the Bayfront and waterfront; that the City must maintain control of the City Bayfront, waterfront, marine facilities, and boating facilities; that a plan should not be adopted based the recommendation of a distant bureaucracy; that the City should create a plan which reflects the multiplicity of uses the citizens find in the use of the Bay.

There was no one else signed up to speak and Mayor Martin requested that Staff come forward.

(Discussion regarding Ordinance No. 04-4584) Mr. Smith came forward and stated that removing the language "as may be amended" provides if the Sarasota Board of County Commissioners changes the Manatee Protection Plan the City will not incorporate the change in the City's Comprehensive Plan due to the provision of Chapter 163, Florida Statutes, and Chapter 9J-5, Florida Administrative, Code as follows:

The adoption by reference may not include future amendments to the document because this would violate the statutory procedure for plan amendments and frustrate public participation on those amendments. A local government may include a provision in its plans stating that all documents adopted by reference are as they existed on a date certain.

Mr. Smith stated that the Manatee Protection Plan dated September 24, 2003, provides no variance procedures; that if the Sarasota Board of County Commissioners adopts new variance procedures, the City would be required to go through the process to amend the City's Comprehensive Plan and the City's version of the Manatee Protection Plan to incorporate the variances; that future amendments must be approved by the Commission.

Mayor Martin stated that the County’s variance process will not automatically be incorporated in the City's processes.

Mr. Smith stated that is correct; that the Florida Fish and Wildlife Conversation Commission and the US Fish and Wildlife Service will use the Manatee Protection Plan for any permits for five or more boat slips within Sarasota Bay in the City or County based on the best available data; that the data will be used whether the Commission adopts the Manatee Protection Plan or not; that the variance procedures are not included in the version of the presented Manatee Protection Plan; that the Future Land Use Map designation of the South Lido Park site is the Open Space – Recreation – Conservation Future Land Use Classification which allows boat ramps at Centennial and Ken Thompson Parks; however, a site plan approval process is required to build boat ramps; that a Government (G) Zone Waiver may be required; that the Future Land Use Classification does not provide for a commercial marina; that an amendment to the City's Comprehensive Plan to the Community Commercial Future Land Use Classification and possible rezoning of the property would be required to allow for a marina; that the property could remain in a G Zone District which would also require the site plan approval process; that a marina may not be appropriate at South Lido Park due to the tidal action at Big Pass; that the area is not protected.

Mayor Martin stated that the habitat, the mangroves, and the sensitive native environment at South Lido Park would require not only City review but also review by the Florida Department of Environmental Protection; that a conundrum is the reason South Lido Park is identified as a site as the site likely would not gain permitting approval.

Mr. Smith referred to a map the southeast portion of South Lido Park displayed on the Chamber monitors and stated that the area is recommended as a site as manatees do not congregate in the area due to the lack of sea grasses and the tidal action; that the areas on the Bay side are the areas in which manatees congregate as the area is protected and plentiful sea grasses exist; that land use and zoning must also be considered; that the Commission controls the land use.

Commissioner Palmer stated that the Commission controls use of County-owned property in the City.

Mr. Smith stated that is correct.

Commissioner Palmer stated that no variance procedures exist, yet the City does have variances; that citizens must petition the Board of Adjustment for certain variances; that an objection of the DCA was the lack of variance procedures.

Mr. Smith stated that the DCA objection was regarding the variance procedures which the County incorporated into the Manatee Protection Plan but which have not been approved by the Florida Fish and Wildlife Conservation Commission; that the County incorporated variance procedures at the time of adoption; that changes were made which had not been reviewed by the State in September 2003 at the time the County adopted the Manatee Protection Plan; that the Manatee Protection Plan was submitted to the State for review; that the Florida Fish and Wildlife Conservation Commission indicated the variance procedures would not be approved; that the Florida Fish and Wildlife Conservation Commission is approving the remainder of the document but not the variance procedures; that the County may be working on some additional variance procedures; however, those variance procedures will not be adopted as part of the presented Manatee Protection Plan; that the PBLP recommended any variance required by the City be should be attained prior to making application to the State for permits which can be included in the Zoning Code (2002 Ed.) if necessary.

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

NOVEMBER 1, 2004

CITY HALL

1565 First Street

Sarasota, FL 34236

City Commission Chambers

2:30 P.M. - 8:30 P.M.

CALL MEETING TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

1.

CHANGE TO THE ORDERS OF THE DAY - APPROVED

2.

CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM I)

Note to the Public:

At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit)

Citizens' Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting.

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3.

APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETINGS OF OCTOBER 4 AND 18, 2004 - APPROVED (AGENDA ITEM II)

4.

CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED (AGENDA ITEM IV-A)

5.

CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1802) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1810) – ADOPTED; ITEM 3 (ORDINANCE NO. 04-4585) - ADOPTED (AGENDA ITEM IV-B)

6.

BOARD APPOINTMENTS: APPOINTMENT RE: HOUSING AUTHORITY BOARD OF THE CITY OF SARASOTA - APPOINTED G. DUANE FINGER (AGENDA ITEM V)

7.

UNFINISHED BUSINESS: DIRECTION RE: CULTURAL DISTRICT CONCEPT PLAN REVISIONS – APPROVED TO: 1) CONVENE A GROUP OF STAKEHOLDERS TO PROVIDE DIRECTION CONCERNING SOME MAJOR PORTIONS OF THE CULTURAL DISTRICT CONCEPT PLAN, 2) BROADEN THE SCOPE TO INCLUDE OTHER STAKEHOLDERS, AND 3) BRING BACK INFORMATION SO THE COMMISSION CAN MOVE FORWARD; ALSO APPROVED THE FOLLOWING FOR THE CULTURAL DISTRICT CONCEPT PLAN: 1) INCLUDE NO DEVELOPMENT OF RESIDENTIAL USES IN THE CULTURAL DISTRICT, 2) ALLOW NO EXCHANGE OF PROPERTY IN CENTENNIAL PARK FOR RESIDENTIAL USES, 3) ALLOW DEVELOPMENT OF USES FOR LEASES FOR ARTISTS IN RESIDENCE ASSOCIATED WITH CULTURAL VENUS, 4) REMOVE THE PROPOSED BUILDING FROM PARCEL 6 AND EXPAND THE PARK, 5) SUPPORT RECONFIGURING US 41, AND 6) SUPPORT A GRAND ENTRANCE INTO THE CULTURAL DISTRICT (AGENDA ITEM VI-2)

8.

ADDITIONAL CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII)

9.

COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 2004, BOBBY THOMAS, LANDSCAPE MAINTENANCE I, PUBLIC WORKS DEPARTMENT (AGENDA ITEM XII-1)

10.

SCHEDULED PRESENTATION RE: PRESENTATION RE: SPONSORSHIP REQUEST OF THE SARASOTA FILM FESTIVAL – REFERRED THE REQUEST TO THE ADMINISTRATION (AGENDA ITEM XIII-1)

11.

NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SARASOTA AND SLAB, LLC, FOR THE RITZ-CARLTON HOTEL AND CONDOMINIUMS PROJECT FOR PHASE I AND PHASE II (APPLICATION NO. 99-DA-01) - CONTINUED TO THE NOVEMBER 15, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM XIV-A-1)

12.

NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4584, AMENDING THE ENVIRONMENTAL PROTECTION CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA [A/K/A THE SARASOTA CITY PLAN (1998)] TO ADD A NEW ACTION STRATEGY 1.12 “SPECIFIC NATURAL RESOURCE PROTECTION INITIATIVES – MANATEES” ADOPTING BY REFERENCE THE SARASOTA COUNTY MANATEE PROTECTION PLAN DATED SEPTEMBER 24, 2003 AS MAY BE AMENDED IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 04-PA-01 AS MORE FULLY SPECIFIED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY)(APPLICATION NO. 04-PA-01, APPLICANT CITY OF SARASOTA) - APPROVED PROPOSED ORDINANCE NO. 04-4584 WITH THE CONDITIONS: 1) THE SARASOTA COUNTY MANATEE PROTECTION PLAN WILL NOT BE INTERPRETED EXCLUSIVE OF ANY CITY OF SARASOTA LAND USE REGULATIONS, 2) APPROVAL OF A CITY VARIANCE, IF NEEDED, WILL BE A PRE-CONDITION OF APPLYING FOR ANY STATE OR OTHER AGENCY VARIANCE, 3) THE LANGUAGE “AS MAY BE AMENDED” WILL BE DELETED, AND 4) LANGUAGE REGARDING THE REQUIREMENT FOR THE AFFIRMATIVE ACTION TO ADOPT CHANGES WILL BE INCORPORATED (AGENDA ITEM XIV-A-2)