MINUTES OF THE EMERGENCY SARASOTA CITY COMMISSION MEETING OF JANUARY 16, 2004, AT 4:00 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Danny Bilyeu and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, Attorney Michael Connolly, City Attorney's Office ABSENT: Commissioner Fredd "Glossie" Atkins PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(c) of the City of Sarasota Charter at 4:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE SARASOTA HOUSING AUTHORITY FOR THE TRANSFER OF ADDITIONAL PROPERTY AS PART OF THE HOPE VI GRANT APPLICATION = APPROVED (AGENDA ITEM I) CD 4:00 through 4:04 City Manager McNees stated that the Administration learned on January 15, 2004, the consultant preparing the HOPE (Housing Opportunities for People Everywhere) VI grant application for the Sarasota Housing Authority identified additional properties which could be transferred from the City to the Sarasota Housing Authority in support of the HOPE VI grant application; that the Commission previously transferred a number of properties to the Sarasota Housing Authority as leverage for the HOPE VI grant; that four additional properties were idèntified later in the process which were to some extent outside the original study area for obtaining leveraging credits in the HOPE VI grant application; that transferring the properties has not yet been presented to the Commission for approval; that assisting Sarasota Housing Authority in obtaining the HOPE VI grant is most important; that eight individual residences can be developed on the properties which, according to the consultant for the Sarasota Housing Authority represent $1.8 million in leveraging credit, which is significant; that Staff is appreciated for immediately investigating the properties and ensuring no negative issues relating to the properties existed; that one property contains utility lines; therefore, the Purchasé and Sale Agreement includes two BOOK 55 Page 26742 01/16/04 4:00 P.M. BOOK 55 Page 26743 01/16/04 4:00 P.M. contingencies: 1) removal of the utilities if required will be at the expense of the Sarasota Housing Authority, and 2) the Sarasota Housing Authority will grant an easement to the City if the utilities remain; that the mechanics of the current Purchase and Sale Agreement are the same as the mechanics of the properties which were transferred in October 2003. Attorney Connolly stated that on October 20, 2003, the Commission approved a Purchase and Sale Agreement to transfer seven properties to the Sarasota Housing Authority in support of the HOPE VI grant application; that the Purchase and Sale Agreement currently presented follows the format of the previous Purchase and Sale Agreement with the exception of the new Paragraph 5, Utilities, as one parcel located on 32nd Street contains significant utilities; that Paragraph 5 provides either the Sarasota Housing Authority will grant the City an easement for the utilities to remain in place or the removal will be at the expense of the Sarasota Housing Authority if the utilities must be removed; that a condition precedent to closing is the Sarasota Housing Authority will receive the HOPE VI grant by the end of the year 2004; that the Sarasota Housing Authority requests the closing period of the Purchase and Sale Agreement be two years from approval of the HOPE VI grant. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to authorize the Mayor and City Auditor and Clerk to execute the Purchase and Sale Agreement between the City of Sarasota and the Sarasota Housing Authority for the transfer of four properties located at the two addresses of 3001 North Lemon Avenue and 1362 32nd Street as part of the HOPE VI grant application. Commissioner Bilyeu stated that Staff's moving forward expeditiously is appreciated; that the ability to add more leverage to the HOPE VI grant application is pleasing. Mayor Palmer stated that Commissioner Atkins's absence is due to personal business with his son in Tallahassee, Florida. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. City Manager McNees stated that Donald Hadsell, Director of Housing and Community Development, has supported the HOPE VI grant application since inception; that Mr. Hadsell and Staff have been committed to a successful HOPE VI grant application; that Staff has performed yeomen's work to ensure every detail required in the HOPE VI grant application was completed; that Mr. Hadsell ensured Staff conducted proper research; that thanking Mr. Hadsell publicly for taking ownership of the application process is appropriate; that Mr. Hadsell has performed an excellent job and has been the key link in the HOPE VI grant application effort to ensure success. Mayor Palmer agreed; and thanked Mr. Hadsell for his diligence. Attorney Connolly stated that the current meeting is an Emergency Commission meeting which was called at the January 15, 2004, Commission Workshop; that Article III, Section 9(c), of the Charter of the City of Sarasota indicates the method of providing notice for an emergency meeting shall be recorded in the minutes of the meeting; and asked the manner of notice of the Emergency Commission meeting? City Auditor and Clerk Robinson stated that the date, time, and place of the Emergency Commission meeting was set at the January 15, 2004, Commission Workshop; that representatives from the Pelican Press and the Sarasota Herald-Tribune were in attendance at the January 15, 2004, Commission Workshop; that Comcast Cable Channel 40 was immediately notified; that preparation of a notice was begun at 8:00 a.m. on January 16, 2004; that the notice disseminated at approximately 8:45 a.m. to the typical media which normally receives notice from the Office of the City Auditor and Clerk. Mayor Palmer thanked City Auditor and Clerk Robinson for the good job regarding notification. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM II) CD 4:04 through 4:07 Rudy Vazmina, Executive Director, Sarasota Housing Authority, came before the Commission and stated that sincere appreciation is expressed for the cooperation and participation of City Staff on behalf of the Sarasota Housing Authority staff and consultants; that the transier of properties will strengthen the HOPE VI grant application; that the responsibility of the Sarasota Housing Authority is to bring everything possible to bear to make the HOPE VI grant application as highly competitive as possible, to which the Commission contributed by the transfer of additional properties at the current meeting; that the BOOK 55 Page 26744 01/16/04 4:00 P.M. BOOK 55 Page 26745 01/16/04 4:00 P.M. Sarasota Housing Authority sincerely thanks the Commission for the action taken at the current meeting and during the entire application process. Mayor Palmer stated that the Sarasota Housing Authority is complimented for the effort regarding the HOPE VI grant application; that the Sarasota Housing Authority had a difficult time over the past several weeks attempting to determine the manner of selection of a developer; that tremendous courage was displayed by the seven members of the Sarasota Housing Authority Board of Directors; that the Sarasota Housing Authority Board exercised the appropriate due diligence to make the proper decision in the final analysis; that the Sarasota Housing Authority Board's commitment and dedication in ensuring the HOPE VI grant comes to the City is commended; that William Merrill, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, the attorney for the Sarasota Housing Authority, is also commended; that Attorney Merrill worked extraordinarily hard to ensure all the Sarasota Housing Authority Board members had the necessary information upon which to make the decision regarding selection of a developer; that Attorney Merrill's advice was immeasurably important in the HOPE VI grant application process; that Attorney Merrill has taken significant time from his business; that the Commission thanks Attorney Merrill for the voluntary time and effort. Mayor Palmer continued that she requested the City Auditor and Clerk to add an item to the Agenda of the January 20, 2004, Regular Commission meeting; that the request is for authorization to delete an amendment to Section VI-701(C) (1), the Waterfront Resort (WFR) Zone District, from the amendments under consideration in the 2004 first cycle of amendments to the Zoning Code (2002 Ed.); that recently, several Lido Key residents raised a concern regarding the proposed moratorium on amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), due to proposed revisions to Section VI-701 (C) (1) of the Zoning Code (2002 Ed.) regarding the intent and purpose of the WFR Zone District; that the Lido Key residents requested the amendment be deleted for the current time; that the amendment can perhaps be reviewed during the process of preparing the Evaluation and Appraisal Report for the City's Comprehensive Plan or at some point in the future if the Commission desires to move forward; that the request will be on the Agenda under Unfinished Business at the January 20, 2004, Regular Commission meeting. 3. ADJOURN (AGENDA ITEM III) CD 4:17 There being no further business, Mayor Palmer adjourned the Emergency meeting of the City Commission of January 16, 2004, at 4:17 p.m. 266 Lou ANN R. PALMER, MAYOR ATTEST: 13i4E Robnoon BILLY B. ROBINSON, CITY AUDITOR AND CLERK BOOK 55 Page 26746 01/16/04 4:00 P.M.