AGENDA REQUEST. Approval Re: Minutes of the Regular Sarasota City Commission Meeting of August 21, 2017

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1 AGENDA HEADING: Approval of Minutes AGENDA REQUEST COMMISSION MEETING DATE: September 5, 2017 BY City Auditor and Clerk Pamela Nadalini City Auditor and Clerk Nadalini AGENDA ITEM NO: II.1. Originating Department SUBJECT: Department Head Presenter Approval Re: Minutes of the Regular Sarasota City Commission Meeting of August 21, 2017 COMMISSION PRIORITIES: Business Requirement EXPLANATION: N/A ADMINISTRATION'S RECOMMENDATION: Recommend to approve the Minutes of the Regular Sarasota City Commission Meeting of August 21, 2017, by consensus. APPROVAL SUMMARY: Approval Required Date Completed Completed By Status City Auditor and Clerk Approval Y 08/30/2017 Pamela Nadalini APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: $ 0 $ 0 SUPPORT DEPARTMENTS: City Auditor and Clerk - Pamela Nadalini COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 21, 2017 PRESENT: Mayor Shelli Freeland Eddie, Vice Mayor Liz Alpert, Commissioners Jen Ahearn-Koch, Hagen Brody, Willie Charles Shaw, City Manager Thomas Barwin, City Attorney Robert Fournier, and City Auditor and Clerk Pamela Nadalini ABSENT: None The meeting was called to order by Mayor Freeland Eddie at 2:30 p.m. INVOCATION: City Auditor and Clerk Nadalini PLEDGE OF ALLEGIANCE: Vice Mayor Alpert Mayor Freeland Eddie called for a moment of silence in recognition of the victims of violence in Charlottesville, Virginia, and the Police Officers slain in the States of Florida and Pennsylvania. 1. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following people spoke: John McGruder indicating in 1993 former Sarasota Herald-Tribune editor, Waldo Profitt, wrote Tax Increment Financing Funding (TIFF) was a scam and a shell game played with public money for the benefit of a select group of property owners who persuaded City officials of the merits of pet projects, by the early 2000s Tempo News was reporting on the ineffectiveness of TIFF and the Community Redevelopment Agency (CRA) to meet the needs of the working poor, the original CRA had only one blighted area, Overtown, the African-American neighborhood which had gentrified and became the Rosemary District, in 2004 with Sarasota United for Responsibility and Equity (SURE) work intensified concerning perpetual affordability, the Community Trust Housing (CTH), and a living wage, in 2007 Sarasota County was convinced to expand the CRA into Newtown, with the signing of the City-County Agreement, the door swung open for Newtown but no money came through the door, Newtown has not benefitted sufficiently from government or private efforts and needs the investment of time, talent, and treasure, the Commission is urged to reset the base year from 2007 to 2014 as the right thing to do, and distributed an editorial from the Sarasota Herald-Tribune titled "New Day for Newtown," dated September 25, R. Steven Lieberworth indicating some police are doing a good job, some need to go back to school, law and order should be gotten back in shape in the City, he is retired and on disability and back at The Salvation Army. Alan Bordenstein, displayed and demonstrated the sounds made by pickleball during a game on the Chamber monitors, along with a map of the proposed project area and read a prepared statement indicating the Bird Key Yacht Club has completed workshops regarding a project to construct six pickleball courts on two residential lots and will be applying for a Condition Use Permit approval, pickleball is played on half-sized tennis courts using hard balls and rackets and is very noisy, significant homeowner opposition exists due to the close proximity to 33 homes whose homeowners are represented on the petition opposing the project, the Bird Key Homeowners Association has taken a legal position opposing the project, many residents believe the pickleball courts represent a significant departure from community norms, many homeowners are seasonally away so the Commission is requested to instruct Staff to delay the Public Hearings until the majority of homeowners return, and referenced a video about a Punta Gorda, Florida, pickleball court installed in 2016 and the subject of significant community issues. Ann Eldridge Snyder, also known as Susan B, indicating the Internal Revenue Service (IRS), 501(c)(3) non-profit certification has not yet been received, Get Better Club (GBC) clubhouses around the Country have been seen since 1977, and the City must begin the practice of having modern meetings, GBC around the country are not hearing good things about the clubhouse in Sarasota, Florida and the kids are the most valuable and important, her father's older brother was the architect for the first entrance to the World's Fair. Draft One Page 1 of 38 Page 1 of 38

4 Carl Shoffstall, resident of 129 Tyler Drive on Lido Key and Chair of the Parks, Recreation, and Environmental Protection (PREP) Advisory Board, indicating the PREP Advisory Board unanimously voted to recommend the Commission delay the discussion of the Bobby Jones Master Plan, being developed by Richard Mandell, until October 2017, allowing the PREP Advisory Board an opportunity to review the final plans. 2. APPROVAL OF MINUTES (AGENDA II) Commissioner Ahearn-Koch stated that a few scrivener s errors will be provided to the Office of the City Auditor and Clerk for the minutes of the July 10, 2017, Special Sarasota City Commission Meeting. Mayor Freeland Eddie noted Commission consensus to approve the minutes of the July 10, 2017, Special Sarasota City Commission Meeting as presented with the noted corrections for scrivener's errors and the minutes of July 17, 2017, Regular Sarasota City Commission Meeting as presented. The City Commission recessed at 2:45 p.m. and convened into a Special Meeting of the Community Redevelopment Agency (CRA) and reconvened at 3:10 p.m. 3. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Ahearn-Koch requested that Consent Agenda No. 1, Item Nos. 2 and 4, be removed for discussion. Mayor Freeland Eddie requested that Consent Agenda No. 1, Item No. 3, be removed for discussion; that her questions concerning Consent Agenda No. 1, Item No. 7, have been answered. 1) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and the School Board of Sarasota County pertaining to the School Resource Officer Program (Agenda Item IV-A-1) 5) Approval Re: Hurricane Loss Mitigation Program (Agenda IV-A-5) 6) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Major Encroachment Agreement between the City of Sarasota and Palm Avenue Hospitality Holdings, LLC pertaining to Floridays Hotel Sarasota (Major Encroachment 14-ENC-02) 1289 North Palm Avenue (Agenda IV-A-6) 7) Approval Re: Affirmation of Planning Board Resolution approving Major Conditional Use 17-CU-01 and Site Plan 17-SP-02 to allow placement of 125-foot tall monopole wireless communication tower on the subject property which is zoned Medical Charitable Institution (MCI) (Application No. 17-CU-01, Applicant Mary D. Solik, Esq., agent representing Verizon Wireless Personal Communication, LP, a Delaware Limited partnership, d/b/a Verizon Wireless, as the tenant of the real property described herein, owned by Sahib Temple Holding Corp.) (Agenda IV-A-7) 8) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Construction Manager-At-Risk Amendment Agreement between the City of Sarasota and Jon F. Swift, Inc., (RFP #16-62CM) pertaining to the St. Armands Parking Garage Waterline Construction Project in the additional amount of $53, and not-toexceed a total Project amount of $308, (Agenda IV-A-8) 9) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to Agreement between the City of Sarasota and ABM Industry Groups, LLC (ABM), (RFP #04-55K) pertaining to Golf Course Maintenance Services on an as-need basis (Agenda IV-A-9) Draft One Page 2 of 38 Page 2 of 38

5 10) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Extension of Agreement between the City of Sarasota, Ashbritt, Inc., and Ceres Environmental Services, Inc., (RFP #12-42K) pertaining to Disaster Recovery Services on an as-needed basis (Agenda IV-A-10) 11) Approval Re: Authorize the City Manager to execute Change Order No. 3 between the City of Sarasota and Stantec Consulting Services, Inc. (BID #11-62K) pertaining to the Southeast AC Water Replacement Project in the additional amount of $11, (Agenda IV-A-11) 12) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Guaranteed Maximum Price Agreement between the City of Sarasota and Jon F. Swift, Inc., (RFP #16-62CM) pertaining to the St. Armands Parking Garage and Waterline Construction with a Guaranteed Maximum Price not-to-exceed $627, (Agenda IV-A-12) 13) Approval Re: Authorize the City Manager to execute Change Order No. 4 in the amount of $292, and Work Assignment No. 10 in the total amount of $492, between the City of Sarasota and Stantec Consulting Services, Inc., (BID #11-62K) pertaining to the U.S. 41 Roundabouts at 10th Street and 14th Street (Agenda IV-A-13) A motion was made by Commissioner Shaw, seconded by Vice Mayor Alpert, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 1 and 5 through ITEM REMOVED FROM CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) 1) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the State of Florida, Department of State, Division of Historical Resources pertaining to the acceptance and approval of the $296, Grant awarded by the Florida Department of State, Division of Historical Resources for a Special Category Historical Preservation Grant for the Historic Federal Building (Agenda Item IV-A-2) Facilities/Asset Manager Robert "Rob" Schanley and Grants Coordinator Laura Wittenbauer, came before the Commission. In response to a question from Commissioner Ahearn-Koch asking if the Historic Federal Building has local historic designation, Ms. Wittenbauer stated yes. City Manager Barwin stated that the required local match has been budgeted in the Capital Improvement Projects (CIP) account. A motion was made by Commissioner Shaw, seconded by Commissioner Ahearn-Koch, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 2. 2) Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the First Extension of Agreement between the City of Sarasota and Dunlap & Associates, Inc., pertaining to Financial Advisory Services on an as-needed basis (Agenda Item IV-A-3) Mayor Freeland Eddie stated that Consent Agenda No. 1, Item No. 3, was removed to receive citizens' input. Draft One Page 3 of 38 Page 3 of 38

6 The following person spoke: Martin Hyde read a prepared statement indicating the Commission is being requested to sign a blank check to Dunlap & Associates, Inc., to provide consulting services to the City on bond issues, the City paid over $60,000 over the last three years which is significantly more than the money the City will not receive for not raising the Local Business Tax Receipt (LBTR) on local businesses, the last time money was spent for the service was six years ago at $21,885, Staff should have adequate experience not to have to spend $60,000 for outside services, the item illustrates the problem with the Consent Agendas where important questions tend to be buried, if $60,000 can be spent to obtain advice on loans, one might think a few hours could be spent to audit the $17 million in sales of Marina Jacks to assure taxpayers are obtaining the City's fair share of the proceeds, and the taxpayers expect better. Financial Administration Director Kelly Strickland, Financial Administration Department, Assistant City Manager John Lege, III, City Manager's Office, Kelly Ryman, Vice President, Dunlap (Dunlap) & Associates, Inc., came before the Commission. Ms. Strickland stated that the contract for a financial advisor is a key part of issuing new debt; that a bond offering process is a coordinated effort among various professionals to finance the City's capital projects; that the team is comprised of the Financial Advisor, the Bond Counsel, the Underwriter, rating agencies, paying agent and several others; that the City has a contract with Dunlap, which began in May 2014; that payment is based on any debt issued and is on an as-needed basis; that three refunding have been issued during the contract with Dunlap: 1) the General Obligation (G.O.) bond for the 2015 refunding, 2) the Water and Sewer Series 2015 refunding, and 3) the Golden Gate G.O. series 2016 refunding. In response to questions from Mayor Freeland Eddie asking the meaning of the term "refunding" and the amounts, Ms. Strickland stated that the City can refund an outstanding bond at a lower interest rate, thus saving the City money; that the amounts were as follows: 1) General Obligation (G.O.) bond: $33.9 million 2) Water and Sewer Series 2015 bond: $4.7 million 3) Golden Gate G.O. Series 2016 bond: $12.7 million Ms. Strickland stated that the Financial Advisors determined that the market was favorable at the time and recommended the refunding to obtain a lower interest rate. Ms. Ryman stated that the Financial Advisor monitors the rates on the debt daily and makes a determination as to whether the cost of refunding is cost-effective; that the City is only charged if an actual refunding is issued; that overall on the savings has been $5 million present value which is significant and is accomplished just by the refunding. In response to a question from Vice Mayor Alpert asking if the contract is similar to outsourcing, Ms. Strickland stated yes. In response to a question from Mayor Freeland Eddie asking the total paid for services in 2016, Ms. Strickland stated that the cost for the Golden Gate Series 2016 bond was $11,000; that the charge is based on the amount of the bond issued; and Mr. Lege stated that Dunlap constantly looks at the City's outstanding debt, interest rates, and opportunities; that spending $61,000 for savings of over $7 million is a good investment for the amount of the return; that Dunlap is currently working on the bond issue for the St. Armands Parking Garage which will be presented to the Commission in September 2017 and is providing financial information to the rating agencies so the bonds can be rated. Draft One Page 4 of 38 Page 4 of 38

7 In response to a comment from Commissioner Shaw indicating the refunding are recalled and came in at the right time as interest rates were increasing, Mr. Lege stated that the representative of Dunlap gave the Commission the information indicating the timing was right on the G.O. bonds. In response to a question from Mayor Freeland Eddie asking if best practices and best rates had been investigated when the initial contract was signed in 2014, Mr. Lege stated yes; that the rates of Dunlap were far less than anyone else; that the rates are not changing with the contract renewal; that Dunlap has been involved in the bond issue for the St. Armands Parking Garage for two years. In response to a question from Commissioner Brody asking if engaging outside vendors is a commonly utilized practice and if the contract is dependent on the City of Naples, Florida, Mr. Lege stated that just about every organization engages outside vendors for bond issuing services, Ms. Strickland stated that in 2014 the City of Sarasota, Florida piggybacked on the contract the City of Naples, Florida, had with Dunlap; that the contract was for three years with two one-year renewals, and Ms. Ryman stated that the City of Naples, Florida, renewed the contract. In response to a question from Mayor Freeland Eddie asking the rates the City of Naples, Florida, is paying, Mr. Lege stated that the City of Naples, Florida, has the same terms and conditions in the contract and is paying the same rate as the City. In response to a comment from Commissioner Shaw indicating organizations should not change the professionals involved in a project half way through the project, Mr. Lege stated that Dunlap has been involved in the bonding process for the St. Armands Parking Garage for the last couple of years. In response to a question from Commissioner Brody asking the association with the City of Naples, Florida, City Manager Barwin stated that the contract with the Dunlap as the Financial Advisor was awarded as a "piggyback" contract which had gone through a competitive process with the City of Naples, Florida, so the City could take advantage of the contract with the City of Naples, Florida; that having the City of Naples, Florida, continue the contract is not a requirement for the City; that other communities can also piggyback off contracts of the City. In response to a question from Mayor Freeland Eddie asking if the City is piggybacking off a contract for the St. Armands Parking Garage, City Manager Barwin stated that the City is issuing a bid for construction for the St. Armands Parking Garage; and Mr. Lege stated that Dunlap is involved in the bond issue for the St. Armands Parking Garage; that the contract with the City of Naples has nothing to do with the St. Armands Parking Garage. A motion was made by Commissioner Shaw, seconded by Commissioner Brody, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item No. 3. 3) Approval Re: Request to construct Off Leash Dog Parks at Gillespie and Whitaker Parks in the approximate amount of $212, utilizing Project Parks and Recreation Facilities Upgrade in the Penny 3 Fund (Agenda IV-A-4) Commissioner Ahearn-Koch stated that Consent Agenda No. 1, Item No. 4, was removed to receive responses from City Staff to questions. Parks and Recreation Director Jerry Fogle and Phillip Smith, David W. Johnston Associates, Inc., came before the Commission. In response to a question from Commissioner Ahearn-Koch asking if the interested parties had been contacted, including residents of the Tahiti Park neighborhood and agree with the plans, Mr. Fogle stated yes; that interested parties and residents of the Tahiti Park neighborhood have been contacted and agree with the plans. Draft One Page 5 of 38 Page 5 of 38

8 In response to a question from Commissioner Ahearn-Koch asking if additional trees have been included in the plans, Mr. Smith stated that some of the mitigation trees from private development have been included in the plans. In response to comments by Commissioner Brody indicating the cost of $8,000 seems expensive, Whitaker and Gillespie Parks are close together and significant money is being spent on two parks which are close together, not including the park at Indian Beach Sapphire Shores whose residents initiated the discussion seems surprising, Mr. Fogle stated that the process has taken approximately two years; that residents near Whitaker and Gillespie Parks made numerous requests to the City during that time; that funding was not available but is now available; that the City has 51 parks; that the Parks Master Plan will identify other parks which can accommodate dog parks. In response to a question from Mayor Freeland Eddie asking if the funding is available, Mr. Smith stated that the estimates are for the improvements; that the hope is to decrease the cost through value engineering. Commissioner Ahearn-Koch stated that the hope is the establishment of a dog park will activate the parks through increased pedestrian activity. Commissioner Brody stated that two dog parks should not be located so close together; that the dog parks should be more spaced out; that every park in the City does not have to have a dog park. In response to a question from Commissioner Brody asking about the request of the Indian Beach and Sapphire Shores neighborhood for a dog park, Mr. Fogle stated that Whitaker and Gillespie Parks have many issues; that many residents walk dogs in Whitaker and Gillespie Parks; that residents in the area have been requesting a dog park in Whitaker and Gillespie Parks for a long time to increase pedestrian activity. Commissioner Shaw stated that Tahiti Park was the original area where the homeless slept under the hedges over 10 years ago; that increasing pedestrian activity would help decrease negative activity in the park. A motion was made by Commissioner Shaw, seconded by Commissioner Ahearn-Koch, and carried by a 4-1 vote to approve Consent Agenda No. 1, Item No. 4, with Commissioner Brody voting no. 4) Approval Re: Affirmation of Planning Board Resolution approving Major Conditional Use 17-CU-01 and Site Plan 17-SP-02 to allow placement of 125-foot tall monopole wireless communication tower on the subject property which is zoned Medical Charitable Institution (MCI) (Application No. 17-CU-01, Applicant Mary D. Solik, Esq., agent representing Verizon Wireless Personal Communication, LP, a Delaware Limited partnership, d/b/a Verizon Wireless, as the tenant of the real property described herein, owned by Sahib Temple Holding Corp.) (Agenda IV-A-7) Mayor Freeland Eddie stated that the intent was to remove Consent Agenda No. 1, Item No. 7. City Attorney Fournier stated that the Commission has already voted to approve Consent Agenda No. 1, Item No. 7; that the Applicant has already left the Chambers. Mayor Freeland Eddie stated that for the record the preference would have been to hold a public hearing due to the proposed height and density of the project. Draft One Page 6 of 38 Page 6 of 38

9 5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Commissioner Ahearn-Koch requested that Consent Agenda No. 2, Item No. 2, be removed for additional background information. 1) Adoption Re: Proposed Resolution No. 17R-2670, amending the budget for the fiscal year beginning October 1, 2016 by providing for supplemental appropriations in the amounts identified in Exhibit A; providing for severability if any of the parts hereof are declared invalid, etc. (Title Only) (Agenda Item IV-B-1) 3) Adoption Re: Second reading of proposed Ordinance No , amending Article VII, Division 7 of the Zoning Code of the City of Sarasota to allow property owners and developers who are required to provide public art in connection with a development project to request a contribution from the public art fund to be able to acquire public art having a greater value than the public art that could be obtained by utilizing only the required private contribution; to allow property owners and developers to combine their required public art contributions to acquire a single work of public art; providing for the repeal of Ordinances in conflict, etc. (Title Only) (Agenda IV-B-3) 4) Adoption Re: Second reading of proposed Ordinance No , amending the Zoning Code (2002 Edition), Article VI, Zone Districts, Division 9, Special Public Interest Overlay Districts, Section VI-912, Rosemary Residential Overlay District (hereinafter RROD) by providing for termination of the RROD when the dwelling unit cap of 1,775 units has been reached or on December 31, 2018, whichever occurs first, and thereafter reverting to a maximum of 25 dwelling units per acre; providing for severability of the parts hereof, etc. (Title Only) (Application No. 17-ZTA-04, Applicant City of Sarasota) (Agenda IV-B-4) City Auditor and Clerk Nadalini read proposed Resolution No. 17R-2670 and proposed Ordinance Nos , and by titles only. A motion was made by Vice Mayor Alpert, seconded by Mayor Freeland Eddie, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item Nos. 1 and 3 through ITEMS REMOVED FROM CONSENT AGENDA NO. 2 (AGENDA ITEM IV-A) 1) Adoption Re: Second reading of proposed Ordinance No , to conditionally vacate that approximately 200-foot long approximately /- foot wide platted alley known as Cherry Lane bounded on the east by the westerly right of lane line of Lafayette Place also known as Lafayette Court and bounded on the west by the easterly right-of-way line of Columbia Court, all as more particularly described herein; providing for severability of the parts hereof, etc. (Title Only) (Application No. 16-SV-06, Applicant Joel J. Freedman, AICP, Freedman Consulting and Development, LLC as agent representing Larry and Susan Eger, Kent Kneisel and Joan Thompson, Devin and Marian Rutkowski, Oaktree Development of Sarasota, LLC, Christopher and Dawn Abbott, and Jack and Nancy Notestein as fee simple owners) (Agenda IV-B-2) Planner Daniel Dan Greenberg, Neighborhood and Development Services (NDS), came before the Commission and stated that proposed Ordinance No is for a right-of-way vacation of Cherry Lane east of Columbia Court, west of Lafayette Court, and mid-block between Laurel and Oak Streets; that the application was initiated by the property owners to the north and the south of the right-of-way and submitted to the City on August 16, 2016; that the application was unanimously approved on first reading by the Commission at the November 21, 2016, Regular Sarasota City Draft One Page 7 of 38 Page 7 of 38

10 Commission Meeting; that the required easements precedent to second reading have been obtained; that Staff recommends adoption of proposed Ordinance No on second reading. Commissioner Ahearn-Koch stated that Consent Agenda No. 2, Item No. 2, was pulled to obtain additional background information. Mr. Greenberg displayed an aerial photograph of the platted alley known as Cherry Lane, located between Lafayette Place and Columbia Court on the Chamber monitors, and stated that prior to vacations of the right-of-way to the east and west have occurred; that the request is for an approximately 14-foot unimproved right-of-way which is not paved and has no vehicular access; that the Applicant requested that the area be vacated so they could have more ownership and provide maintenance of the area for aesthetic and vegetative purposes; that the right-of-way would be split between the property owners to the north and to the south. In response to a question from Commissioner Shaw asking if the City is compensated for the vacated alley, City Attorney Fournier stated that under the Florida Statutes, that under the Florida Statutes, the City is precluded from seeking compensation as the alley is being held for the benefit of the public. In response to a question from Commissioner Ahearn-Koch asking if the alley could be used for connectivity as a bicycle or pedestrian pathway, Joel Freedman, ACIP, Director of Land Planning, Shumaker Advisors Florida, came before the Commission and stated that the alley does not appear to connect to any other pedestrian or bikeway system in the City. In response to a question from Commissioner Ahearn-Koch asking if the neighborhood association is in agreement with the proposal, Mr. Greenberg stated that a community workshop was held on August 11, 2016, and Commissioner Ahearn-Koch stated that no notes from the workshop or the meeting of the Planning Board/Local Planning (PBLP) Agency were received. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Commissioner Brody, seconded by Vice Mayor Alpert, and carried by a 5-0 vote to approve Consent Agenda No. 2, Item No BOARD APPOINTMENTS (AGENDA ITEM V) 1) Appointment Re: Citizens with Disabilities Advisory Board (Agenda Item V-1) City Auditor and Clerk Nadalini stated that a vacancy currently exists on the Citizens with Disabilities Advisory Board due to the resignation of Bertram Fivelson; that the Office of the City Auditor and Clerk received one application from Faith Olivia Babis who is a City resident which is included in the Agenda backup material for Commission review and consideration. Mayor Freeland Eddie noted Commission consensus to appoint Ms. Babis to the Citizens with Disabilities Advisory Board and congratulated her on her appointment. 2) Appointment Re: Human Relations Board (Agenda Item V-2) City Auditor and Clerk Nadalini stated that a vacancy currently exists on the Human Relations Board due to the resignation of Matthew Slack; that the Office of City Auditor and Clerk received one application from Thomas Greaney which is included in the Agenda backup material for Commission review and consideration. Mayor Freeland Eddie noted Commission consensus to appoint Mr. Greaney to the Human Relations Board and congratulated him on his appointment. Draft One Page 8 of 38 Page 8 of 38

11 8. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) ADOPTION RE: PROPOSED RESOLUTION NO. 17R-2649, CREATING AN AD HOC TREE ADVISORY COMMITTEE TO REVIEW OPTIONS FOR AMENDMENTS TO THE CITY OF SARASOTA TREE PROTECTION ORDINANCES; PROVIDING REQUIREMENTS FOR MEMBERSHIP ON THE COMMITTEE; STATING SPECIFIC ISSUES TO BE CONSIDERED BY THE COMMITTEE, ETC. (TITLE ONLY) (AGENDA ITEM VI-1) City Attorney Fournier stated that proposed Resolution No. 17R-2649 establishes an Ad Hoc Tree Advisory Committee (Committee) to review potential ways to amend the City s current Tree Protection Ordinance; that the proposed Resolution incorporates Staff s recommendations included in the June 20, 2017, memorandum to the Commission from the Director of the Neighborhood and Development Services (NDS) Department which is included in the Agenda backup material; that Item (b) in the June 20, 2017, memorandum has been split into separate Item Nos. 2 and 3 under Section 3 of the proposed Resolution as follows: 2. How to best address the issue of unsafe conditions caused by healthy trees on public property, e.g., roots lifting sidewalks. The enumeration of this task among the Committee s duties shall not be construed to restrict or limit the authority of the City administration to remove trees on public property which are the cause of hazardous or dangerous conditions on public rights-of-way or to otherwise eliminate or improve unsafe conditions on public property resulting from the presence of trees during the time that the Committee is active. 3. How to best address the issue of healthy trees on public property which cause damage to public infrastructure, e.g., utilities, or impair or reduce the rights of private property owners to the use and enjoyment of their properties, e.g., view. City Attorney Fournier stated that the recommendation is the proposed Committee will be comprised of seven members with each member being selected by majority vote of the Commission; that if the Commission votes to adopt proposed Resolution No. 17R-2649, the Commission may set a deadline for interested persons to submit applications for appointment and direct whether application should be by a letter of interest or by use of a City-issued standard form; that Staff recommends the Commission adopt proposed Resolution No. 17R City Attorney Fournier continued that a separate condition could be added indicating the City retains the right to have unsafe trees removed; that the Commission standard application form for Advisory Boards could be utilized. Mayor Freeland Eddie stated that use of the standard application form is supported; that Section 3 of proposed Resolution No. 17R-2649 should include another item as Item No. 8 to indicate the Committee can address more generalized issues regarding trees; and noted Commission consensus to add Item No. 8 to Section 3 of proposed Resolution No. 17R Commissioner Ahearn-Koch stated that the proposed membership of the seven-member Committee includes: two neighborhood representatives two development-interest representatives one representative of the Downtown core one member of The Greater Sarasota Chamber of Commerce (GSCC) one landscape architect Commissioner Ahearn-Koch stated that the proposed membership composition including two development-interest representatives is a serious concern and will lead to failure; that the Draft One Page 9 of 38 Page 9 of 38

12 preference is for members who live in the City or decrease the membership from seven to five; that the following would be acceptable: two neighborhood representatives one development-interest representative one representative of the Downtown Core one landscape architect Vice Mayor Alpert stated that the composition of the Committee has been discussed previously. Commissioner Ahearn-Koch stated that having a representative of The GSCC is unnecessary. Vice Mayor Alpert stated that having a merchant from the Downtown Core is supported. Commissioner Shaw concurred; and stated that The GSCC has connections with development and takes away from the essence of the objective of the Committee. Discussion ensued about the composition of the Committee, the number of neighborhood and business representatives, the need for balanced representation on the Committee. Commissioner Brody stated that the previously expressed preference is for the Committee to return with a unanimous recommendation; that all interests should be represented on the Committee; that the recommendation will not be binding on the Commission; that the vote on the Committee will likely be split without a preference of unanimity; that residents must live with the ordinances; that developers and landscape architects must work with the ordinances; that having a representative of groups which represent large numbers of people is supported. Mayor Freeland Eddie stated that the concern is the potential impact on affordable housing; that representatives of The GSCC can obtain information from people interested in relocating to or opening a business in the City; that the need for a balanced Committee is understood; that the individuals will take the responsibility of serving on the Committee seriously; that including everyone in the discussion is relevant. Commissioner Ahearn-Koch stated that her opinion is very strong; that the situation is critical; that the City is in crisis mode regarding greenspace, parks, trees and open space which are essential to the quality of life in the community; that trees and tree preservation should be at the forefront of the Committee's consideration which is the reason having an arborist and landscape architect on the Committee is essential; that development interests are not to preserve trees which costs money; that the Committee can have discussions with developers and The GSCC; that the proposed composition of the Committee will not move the City forward with a tree protection plan. Commissioner Shaw agreed; that The GSCC will be directing tree protection as The GSCC is running the Sarasota Bayfront 20:20 (Bayfront 20:20) Initiative; that the Commission should be very careful; that The GSCC should not be involved; that having a merchant from the Downtown Core is acceptable; that people came from other places to Sarasota, Florida to enjoy the beauty and see the green trees and the greenspaces. Vice Mayor Alpert stated that the City has a fairly strict Tree Protection Ordinance which is creating problems not just for developers but also for homeowners; that competing interests should be represented on a Committee to discuss various options regarding tree protection; that the Committee is advisory in nature; that the Commission will make any final decisions. City Auditor and Clerk Nadalini read proposed Resolution No. 17R-2649 by title only. A motion was made by Commissioner Brody, seconded by Vice Mayor Alpert, and carried by a 3-2 vote to adopt proposed Resolution No. 17R-2649 with the addition of a catch-all provision as Item Draft One Page 10 of 38 Page 10 of 38

13 No. 8 in Section 3 of the proposed Resolution, with Commissioners Ahearn-Koch and Shaw voting no. In response to a request for clarification by City Attorney Fournier asking if applications should be accepted for 30 days for a September 20, 2017, deadline and appointments to be made at the October 2, 2017, Regular Sarasota City Commission Meeting, Mayor Freeland Eddie noted Commission consensus to accept applications for the Ad Hoc Tree Advisory Committee for 30 days until September 20, ) ADOPTION RE: PROPOSED RESOLUTION NO. 17R-2669, EXTENDING A MORATORIUM ON STREET CLOSURES FOR MAIN STREET BETWEEN ORANGE AVENUE AND GULF STREAM AVENUE FOR A PERIOD OF ONE YEAR COMMENCING OCTOBER 2017 AND CONTINUING THROUGH SEPTEMBER OF 2018 IN ORDER TO MITIGATE THE IMPACT OF VARIOUS DOWNTOWN CONSTRUCTION PROJECTS; PROVIDING FOR EXEMPTIONS, ETC. (TITLE ONLY) (AGENDA ITEM VI-2) City Attorney Fournier stated that at a Regular Sarasota City Commission Meeting held in June 2014, the Commission adopted the first of three Resolutions declaring a Moratorium on the closure of the segment of Main Street between Orange and Gulf Stream Avenues for the purpose of holding Special Events; however, concerns over how to facilitate traffic circulation and parking Downtown amid all of the construction were the main reasons for adopting each of the one-year Moratoriums; that proposed Resolution No. 17R-2669 would extend the Moratorium for an additional one-year period or until September 30, 2018; that the following three Special Event exemptions would still apply: 1) Parades, 2) the New Year s Eve Celebration, and 3) Thunder by the Bay; that Staff recommends the Commission adopt proposed Resolution No. 17R Municipal Auditoriums Manager Deborah Debbie Perez, Sarasota Municipal Auditorium, Special Events Office, Public Works (PW) Department, came before the Commission, and stated that one reason for proposing a reinstatement of the Moratorium for another year is to provide an opportunity to develop an internal policy concerning Special Events; that three requests for approval of Special Events have been received, one in January 2018 and two in February 2018; that the concern is managing all the requests which will be received; that currently individuals who meet the established criteria for Special Events can move forward; that the interest is in stopping any potential problems. City Manager Barwin stated that the current Resolution was adopted due to heavy construction in the Downtown which will continue for the next year; that the groundbreaking for The Mark was held recently; that two or three other major projects could break ground; that the leadership of the Rosemary District is considering a Special Event strategy; that nothing will be lost if the Moratorium is continued for a year. Mayor Freeland Eddie stated that a policy for Special Events was requested last year; that vendors need to know what possibilities for Special Events are available in the Downtown; that Special Events should be separated to minimize impact on the community. In response to a question from Mayor Freeland Eddie asking the amount of time is spent on Special Events, Ms. Perez stated that two vacancies currently exist in the department; that processing requests and managing Special Events are challenging; that the hope is the positions will be filled by October 1, 2017; that four to five months will be required for training; that the City hosts approximately 100 Special Events, most of which occur between October and March; that developing a policy and dealing with a lack of Staff will be challenging. In response to a comment by Mayor Freeland Eddie indicating Staff should not wait a year to develop the policy as the goal would be the end of 2017 or early 2018 and applicants have a Draft One Page 11 of 38 Page 11 of 38

14 legitimate expectation of knowing what to expect, Ms. Perez agreed and stated that the Moratorium can be allowed to sunset or ideally an alternative can be offered. A motion was made by Commissioner Shaw, seconded by Commissioner Brody, and carried by a 5-0 vote to extend the meeting beyond 4:30 p.m. In response to a question from Commissioner Brody asking if Special Events have been cancelled due to the Moratorium, Ms. Perez stated that EcoFest and one other event were cancelled; that the second event was not very successful and the sponsor no longer organizes events. Commissioner Brody stated that the rationale for the Moratorium was too much construction in the Downtown area; that Staff has had time to develop policies; that the community wants events Downtown, which are important to the community as the community is growing; that the opportunity to hold a diversity of events is available; that the hope is to create reasons to bring people Downtown not reasons not to be Downtown; that the Moratorium is a remnant of a prior Commission; that the Commission should move forward and not adopt the extended Moratorium. Vice Mayor Alpert stated that the Moratorium does not prevent events Downtown and has been working well; that events can relocate to another portion of Main Street; that a policy concerning Special Events should be developed. In response to a question from Mayor Freeland Eddie asking when the vacancies will be filled, Ms. Perez stated that the hope is to fill the vacancies by October In response to a question by Mayor Freeland Eddie asking if the Commission can place an item on an Agenda to lift the Moratorium at any time, City Attorney Fournier stated yes. City Auditor and Clerk Nadalini read proposed Resolution No. 17R-2669 by title only. A motion was made by Commissioner Shaw, seconded by Mayor Freeland Eddie, and carried by a 4-1 vote to adopt proposed Resolution No. 17R-2669, with Commissioner Brody voting no. 3) ADOPTION RE: SECOND OF PROPOSED ORDINANCE NO , TO VACATE THAT CERTAIN APPROXIMATELY 20-FOOT WIDE PLATTED ALLEY RIGHT-OF-WAY BOUNDED ON THE WEST BY THE EASTERLY RIGHT OF LANE LINE OF WASHINGTON BOULEVARD (U.S. 301) EXTENDING EASTERLY FOR UP TO APPROXIMATELY FEET TO THE MUNICIPAL BOUNDARY OF THE CITY OF SARASOTA SITUATE IN BLOCK A OF NEWTOWN TERRACE LOCATED IN THE BLOCK TO THE NORTH OF DR. MARTIN LUTHER KING JR. WAY AND TO THE SOUTH OF 28TH STREET; ALL AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, ETC. (TITLE ONLY) (APPLICATION NO. 17-SV-02, APPLICANT CITY OF SARASOTA) (AGENDA ITEM VI-3) Planner Daniel Dan Greenberg, Neighborhood and Development Services (NDS), came before the Commission and stated that proposed Ordinance No is a second reading for approval of Street Vacation (SV) Application No. 17-SV-02, relating to the proposed SV of right-of-way between 28th Street and Dr. Martin Luther King (MLK), Jr. Way, east of North Washington Boulevard; that the subject right-of-way is located south of 28th Street, north of Dr. MLK, Jr. Way, east of North Washington Avenue and west of the County boundary and Chessie System and Seaboard System Railroad, also known as CSX; that the surrounding Zone Districts are the Commercial Intensive (CI), Commercial General District (CGD), and Residential Single Family (RSF-3 and RSF-4) Zone Districts; that the total area being proposed for SV is approximately 0.28 acres and measures approximately 20 feet north and south by 611 feet east and west; that if the right-of-way is vacated, 10 feet of land would be granted to the adjacent parcels to the north and the south, and the resulting larger parcel sizes and block structures would be typical of the adjacent Draft One Page 12 of 38 Page 12 of 38

15 residential block structure; that the City s Public Works (PW) Department is the Applicant for this Application; that the Community Workshop was held at City Hall on August 26, 2016, to allow residents to voice their concerns and support for the proposed right-of-way SV; that adjacent residents supported the proposed SV and were interested in obtaining additional land and expressed concerns about the condition of the alley and the desire for no further degradation in the area; that no rear access service drives or alleys on the adjacent neighborhood exist and the City has no plans for future infrastructure, facilities or street improvements in the subject area; that private utility providers do not have equipment in the right-of-way; that no providers have objected to the proposed SV; that prior to second reading the City will clear any overgrowth vegetation in the right-of-way; that at the June 14, 2017, Regular Planning Board/Local Planning (PBLP) Agency Meeting, the Board voted 5-0 to recommend the Commission approve the proposed Ordinance subject to the conditions outlined in the Staff Report included in the Agenda backup material; that no one testified in opposition or support of the Application; however, at the July 17, 2017, Regular Sarasota City Commission Meeting, the Commission voted 4-1 to pass proposed Ordinance No on first reading with Commissioner Ahearn-Koch voting no; that Staff and the PBLP recommends the Commission adopt proposed Ordinance No on second reading. In response to a question from Mayor Freeland Eddie asking if the condition of the right-of-way has improved, General Manager Todd Kucharski, Parks and Environmental Landscape Division, Public Works (PW) Department, came before the Commission and displayed photographs on the Chamber monitors of the previous and current condition of the right-of-way which showed significant improvement. In response to a question from Commissioner Brody asking if the residents of District 1 have raised any concerns, Commissioner Shaw, representing District 1, stated no. City Auditor and Clerk Nadalini read proposed Ordinance No by title only. A motion was made by Commissioner Shaw, seconded by Commissioner Brody, and carried with a 5-0 vote to adopt proposed Ordinance No on second reading. 4) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SARASOTA AND TH STREET, LLC FOR THE CITY-OWNED PORTION OF THE VACANT RIGHT-OF-WAY OF 16TH STREET IN THE AMOUNT OF $4, (AGENDA ITEM VI-4) Finance Asset and Facilities Manager Robert Rob Schanley, Purchasing Division, Financial Administration Department, came before the Commission and stated that the item is to approve the Purchase and Sale Agreement between the City and th Street, LLC, for the City-owned portion of the vacant right-of-way of 16th Street; that at the July 17, 2017, Regular Sarasota City Commission Meeting, the Commission adopted proposed Ordinance No on second reading to vacate a 60- by 50-foot section of right-of-way on 16th Street; that the reason for the vacation was to correct an existing building encroachment from the 1980s; that included in the Agenda backup material is the a copy of the Purchase and Sale Agreement for the City s portion of the vacated right-of-way consisting of 1,550 square feet along with a copy of the appraisal indicating the purchase price value of $4,650; that the property is being sold as-is and the buyer is responsible for all closing costs; that the closing is scheduled to take place within 90 days of the executed Purchase and Sale Agreement and will be placed on the tax rolls; that the Purchase and Sale Agreement is the last step in the process to correct the encroachment; that Staff recommends the Commission approve the Purchase and Sale Agreement and for the Mayor and the City Auditor and Clerk to execute the same. A motion was made by Commissioner Shaw, seconded by Commissioner Ahearn-Koch, and carried with a 5-0 vote to approve the Purchase and Sale Agreement between the City and th Street, LLC, and for the Mayor and the City Auditor and Clerk to execute the same. Draft One Page 13 of 38 Page 13 of 38

16 5) APPROVAL RE: PRELIMINARY 2018 LEGISLATIVE PRIORITIES FOR THE CITY OF SARASOTA (AGENDA ITEM VI-5) City Auditor and Clerk Nadalini stated that included in the Agenda backup material is a draft copy of the proposed 2018 Legislative Priorities for the City of Sarasota for Commission consideration and finalization what would be deemed appropriate; that the 2018 Legislative Priorities will be presented at the Sarasota County Legislative Delegation Meeting scheduled for Wednesday, September 6, 2017, from 9:00 a.m. to 12:00 p.m. at the Sarasota County Administration Building, located at 1660 Ringling Boulevard in the Commission Chambers, which Mayor Freeland Eddie will be attending and presenting on behalf of the City; that Staff recommends a review of the major priorities, consideration of modified language, finalization of the priorities for transmittal to the Sarasota County Legislative Delegation, and a motion to approve the proposed 2018 Legislative Priorities for the City of Sarasota, Florida. City Auditor and Clerk Nadalini displayed a PowerPoint presentation concerning the City's 2018 Legislative Priorities on the Chamber monitors and stated that the four major priorities are: funding for homelessness programs, mental health initiatives, and sober homes, communication service tax and local business tax protection, local governmental authority for red light cameras, and transportation funding. In response to a comment from Commissioner Shaw indicating the statement concerning communication service tax and local business tax protection should be stronger to demonstrate the Commission supports legislation to strengthen and protect the right of Florida citizens to govern themselves under the municipal Home Rule powers conferred by the Florida Constitution, City Auditor and Clerk Nadalini stated that additional language could be added to the details. Vice Mayor Alpert stated that a new category with a strong statement emphasizing the need for Home Rule is necessary. Commissioner Ahearn-Koch agreed and stated that Home Rule is essential and is under attack by the State Legislature. Mayor Freeland Eddie stated that a separate statement concerning Home Rule is supported. Commissioner Shaw stated that the Commission is reminded a majority of Commissioners voted against local business tax protection; that the State Legislators will say the protection is not necessary since the Commission voted against the local business tax increase. Mayor Freeland Eddie disagreed and stated that making a decision on specific issues is different than having the State take away the ability to make the decision; that the right to make the decision should be retained on which the belief is the Commission can agree. Commissioner Shaw disagreed and stated that once the erosion of the Home Rule principle begins, the rights which have been eroded cannot be gotten back. Commissioner Brody stated that the vote concerning the local business tax demonstrates local jurisdictions can exercise restraint, make decisions autonomously, and demonstrates for responsibility for the powers held; that as an example, red light cameras are opposed; however, City's ability to do with red light cameras as desired is supported; that using power responsibility demonstrates the authority can be used responsibility. Draft One Page 14 of 38 Page 14 of 38