Regular City Commission Meeting

BOOK 57 Page 28625 09/20/04 2:30 P.M.

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 20, 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 Richard J. Taylor.

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 2:32 p.m.

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

1. ITEMS REMOVED FROM THE CONSENT AGENDA - REMOVED CONSENT AGENDA NO. 1, ITEM NO. 6, WHICH WILL BE HEARD AS AGENDA ITEM VII-1, ITEM NO. 7, WHICH WILL BE HEARD AS AGENDA ITEM VII-2, CONSENT AGENDA NO. 2, ITEM NO. 1, WHICH WILL BE HEARD AS AGENDA ITEM NO. VI-6, AND ITEM NO. 3, WHICH WILL BE HEARD AS AGENDA ITEM VI-7

CD 2:32 through 2:35

Mayor Martin asked if any Commissioner wished to remove an item from Consent Agenda No. 1 or 2?

Vice Mayor Servian requested that Consent Agenda No. 1, Item No. 6, authorizing the Mayor and City Auditor and Clerk to execute an agreement for the City Hall Renovation Project, be removed for discussion.

Commissioner Palmer requested that Consent Agenda No. 2, Item No. 1, concerning salaries of the City Manager and the City Auditor and Clerk, and Item No. 3, concerning amending the Future Land Use Chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, be removed for discussion.

Mayor Martin asked if any other items should be removed from Consent Agenda No. 1 or 2?

(Page 2) City Attorney Taylor stated that Consent Agenda No. 1, Item No. 7, authorizing the City Auditor and Clerk to execute an Interlocal Agreement for the transfer of administrative support for the Sarasota Bay National Estuary Program to an independent special district, should be removed to provide additional information.

City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 6, will be heard under New Business as Agenda Item No. VII-1; that Consent Agenda No. 1, Item No. 7, will be heard under New Business as Agenda Item No. VII-2; that Consent Agenda No. 2, Item No. 1, will be heard under Unfinished Business as Agenda Item No. VI-6; that Consent Agenda No. 2, Item No. 3, will be heard under Unfinished Business as Agenda Item VI-7.

2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 There was no one signed up to speak.

3. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 7, 2004, THE SPECIAL CITY COMMISSION MEETINGS OF AUGUST 23, 2004, AND SEPTEMBER 8, 2004, AND THE EMERGENCY CITY COMMISSION MEETINGS OF SEPTEMBER 2, 2004, AND SEPTEMBER 10, 2004 - APPROVED (AGENDA ITEM II) CD 2:35 through 2:37

Mayor Martin asked if the Commission had any changes to the minutes?

Mayor Martin stated that hearing no changes, the minutes of the Regular City Commission meeting of September 7, 2004, the Special City Commission meetings of August 23 and September 8, 2004, and the Emergency City Commission meetings of September 2 and September 10, 2004, are approved by unanimous consent.

Commissioner Palmer asked if Emergency Ordinance No. 04-4583, declaring a state of emergency due to the threat of harm associated with Hurricane Ivan, has expired?

City Attorney Taylor stated yes; that language in the Ordinance indicates the Ordinance expires seven days after approval; that no rescinding of the Ordinance is necessary.

4. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF JUNE 9, 2004 - APPROVED FOR THE ADMINISTRATION TO INITIATE A ZONING TEXT AMENDMENT TO INCLUDE A PUBLIC ART REQUIREMENT FOR MULTIPLE-FAMILY CONSTRUCTION FOR PROPERTIES

(Page 3) LOCATED IN THE COMMUNITY REDEVELOPMENT AREA (CRA) DISTRICT, NOT TO INCLUDE PROPERTIES CONSIDERED POTENTIAL "AFFORDABLE" OR "WORKFORCE" HOUSING, AND TO RECONSIDER OTHER ELEMENTS OF THE PUBLIC ART FUNDING, ESPECIALLY THE MAXIMUM OF $100,000; RECEIVED THE PUBLIC ART COMMITTEE REPORT OF THE JUNE 9, 2004, REGULAR MEETING (AGENDA ITEM III-1) CD 2:37 through 2:49

Virginia Hoffman, Vice Chair, Public Art Committee, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission.

Ms. Hoffman presented the following item from the June 9, 2004, Public Art Committee meeting:

- Requirement for Public Art Contributions for Multiple-Family Housing

Ms. Hoffman stated that the Public Art Committee voted unanimously to request the Commission amend the Zoning Code, (2002 Ed.), to require public art for multiple-family housing within the Community Redevelopment Area; and quoted the motion from the June 9, 2004, Minutes of the Public Art Committee as follows:

On motion of Hoffman and second of Randall, it was moved that the Public Art Committee recommend to the City Commission that staff be directed to initiate a zoning code text amendment to include multi-family construction as part of the public art requirement for properties located within the CRA district. Motion passed unanimously.

Ms. Hoffman continued that the dialog concerning the public art requirement has been ongoing by the Public Art Committee; that the landscape of the Downtown area is changing and the trend of new development is changing to include mixed uses; that the proposal would enact actions undertaken in several Florida communities; that the Public Art Committee believes expanding the public art requirement to multiple-family housing is a logical step; that Staff was requested to compose some models for implementation; that the Whole Foods Market Center Project will be used as a model through which an additional influx of much-needed funds can be incorporated into the public art program; that more dynamic art projects should be undertaken;

(Page 4) that the City is changing; that public art should also change; that approximately $69,750 was contributed to the Public Art Fund by the developer of the Whole Foods Market Center Project; that the amount contributed for public art would have been approximately $100,000 if the contribution requirement included the residential portion of the project.

Ms. Hoffman further stated that several projects in the community could be affected by the change; that the increased revenue would be beneficial; that the additional funds are small to developers but substantial to the public art program.

Vice Mayor Servian asked if the Public Art Committee considered the additional cost per owner in multi-family developments?

Mr. Burg stated that a per-unit cost analysis has not been performed; however, the charge is one-half of one percent of the construction costs of multi-family housing units; that the cost would probably be paid by the purchaser; that the Commission should exempt affordable housing if the request is approved.

Vice Mayor Servian stated that the total amount per unit would be approximately a few hundred dollars; the amount is not significant; however, affordable housing should be excluded.

Mayor Martin asked for clarification concerning the maximum of $100,000 indicated in the proposed Ordinance.

Mr. Burg stated that language in the proposed Ordinance indicates the contribution per unit is one-half of one percent of the value of the project, the developer never pays more than $100,000.

Mayor Martin asked if a mixed-use project would be considered a unified project? Mr. Burg stated yes.

Mayor Martin stated that the term "affordable housing" should be better defined.

Commissioner Atkins stated that affordable, workforce housing should be excluded from the requirement; and asked if large projects must pay $100,000 per phase of a construction process?

Mr. Burg stated that the cost is based on the total cost of the completed project.

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

SEPTEMBER 20, 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.

ITEMS REMOVED FROM THE CONSENT AGENDA - REMOVED CONSENT AGENDA NO. 1, ITEM NO. 6, WHICH WILL BE HEARD AS AGENDA ITEM VII-1, ITEM NO. 7, WHICH WILL BE HEARD AS AGENDA ITEM VII-2, CONSENT AGENDA NO. 2, ITEM NO. 1, WHICH WILL BE HEARD AS AGENDA ITEM NO. VI-6, AND ITEM NO. 3, WHICH WILL BE HEARD AS AGENDA ITEM VI-7

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.

-->

3.

APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 7, 2004, THE SPECIAL CITY COMMISSION MEETINGS OF AUGUST 23, 2004, AND SEPTEMBER 8, 2004, AND THE EMERGENCY CITY COMMISSION MEETINGS OF SEPTEMBER 2, 2004, AND SEPTEMBER 10, 2004 - APPROVED (AGENDA ITEM II)

4.

BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE’S REGULAR MEETING OF JUNE 9, 2004 – APPROVED FOR THE ADMINISTRATION TO INITIATE A ZONING TEXT AMENDMENT TO INCLUDE A PUBLIC ART REQUIREMENT FOR MULTIPLE-FAMILY CONSTRUCTION FOR PROPERTIES LOCATED IN THE COMMUNITY REDEVELOPMENT AREA (CRA) DISTRICT, NOT TO INCLUDE PROPERTIES CONSIDERED POTENTIAL "AFFORDABLE" OR "WORKFORCE" HOUSING, AND TO RECONSIDER OTHER ELEMENTS OF THE PUBLIC ART FUNDING, ESPECIALLY THE MAXIMUM OF $100,000; RECEIVED THE PUBLIC ART COMMITTEE REPORT OF THE JUNE 9, 2004, REGULAR MEETING (AGENDA ITEM III-1)

5.

BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD’S REGULAR MEETING OF AUGUST 10, 2004 - ACCEPTED REPORT AND DIRECTED THE ADMINISTRATION TO BEGIN THE NEIGHBORHOOD MEETING PROCESS FOR THE PROPOSED DESIGNATION OF THE CENTRAL-COCOANUT NEIGHBORHOOD AS A NATIONAL REGISTER HISTORIC DISTRICT (AGENDA ITEM III-2)

6.

CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 – APPROVED; ITEM NO. 6 – REMOVED FOR DISCUSSION; AND ITEM NO. 7 – REMOVED FOR ADDITIONAL INFORMATION (AGENDA ITEM IV A)

7.

CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1808) - REMOVED FOR DISCUSSION; ITEM 2 (RESOLUTION NO. 04R-1809) - APPROVED; ITEM 3 (ORDINANCE NO. 04-4565) - REMOVED FOR DISCUSSION; ITEM 4 (04-4566) - APPROVED; ITEM 5 (04-4567) - APPROVED; ITEM 6 (04-4568) - APPROVED; ITEM 7 (04-4569) - APPROVED; ITEM 8 (04-4574) - APPROVED (AGENDA ITEM IV-B)

8.

BOARD APPOINTMENTS: APPOINTMENT RE: PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD - APPOINTED BRIE WILLET AND EDWARD SELLECK (AGENDA ITEM V-1)

9.

BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY - APPOINTED JENNIFER WILSON (AGENDA ITEM V-2)

10.

UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1761, APPROVING THE JOINT APPLICATION WITH SARASOTA COUNTY, FLORIDA, TO AMEND THE BOUNDARIES OF THE SARASOTA COUNTY/CITY OF SARASOTA ENTERPRISE ZONE DEVELOPMENT AGENCY; PROVIDING FOR THE EXPANSION OF THE AREA FOR CONSIDERATION AS AN ENTERPRISE ZONE; DEFINING THE EXPANDED AREA THAT EXHIBITS EXTREME AND UNACCEPTABLE LEVELS OF POVERTY, UNEMPLOYMENT, PHYSICAL DETERIORATION, AND ECONOMIC DISINVESTMENT; FINDING THE MEANS OF REHABILITATION, CONSERVATION, OR REDEVELOPMENT OF SAID AREA; FINDING THAT IT IS NECESSARY FOR THE PRIVATE SECTOR TO INVEST ITS OWN RESOURCES THAT BUILD OR REBUILD THE ECONOMIC VITALITY OF SAID AREA; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VI-1)

11.

UNFINISHED BUSINESS: PRESENTATION AND DISCUSSION RE: FARMERS MARKET FUTURE LOCATION - AFFIRMED THE COMMISSION’S INTENT TO RETURN THE FARMERS MARKET TO LEMON AVENUE UPON COMPLETION OF THE LEMON AVENUE STREETSCAPE PROJECT; DIRECTED THE ADMINISTRATION TO WORK WITH THE DOWNTOWN PARTNERSHIP TO INITIATE A PLAN FOR A CELEBRATION MARKING THE 25TH ANNIVERSARY OF THE FARMERS MARKET (AGENDA ITEM VI-2)

12.

UNFINISHED BUSINESS: APPROVAL RE: SARASOTA COUNTY’S 2050 PLAN’S TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM - DIRECTED THE ADMINISTRATION TO INITIATE A REQUEST TO THE SARASOTA BOARD OF COUNTY COMMISSIONERS TO APPROVE AN AMENDMENT TO THE COUNTY’S COMPREHENSIVE PLAN TO ALLOW THE CITY TO RETAIN THE TRANSFER OF DEVELOPMENT RIGHTS FOR THE HI HAT RANCH AND VERNA WELLFIELD (AGENDA ITEM VI-3)