Regular City Commission Meeting of July 15, 2024

The Sarasota City Commission met on July 15, 2024, at 9:00 AM in City Hall. The meeting included proclamations, public comments, approvals of consent agendas, board appointments, a lengthy discussion on a revised lease term sheet with The Players, Inc. for the Payne Park Auditorium, authorization of attorney's fees for Commissioner Battie, and public hearings on easement vacations and a new affordable housing site plan. The meeting adjourned at 4:54 PM.

Consent Calendar

• Approved minutes of the May 20, 2024 regular meeting (5-0).
• Approved minutes of the May 6, 2024 Special CRA meeting (5-0).
• Approved Consent Agenda No. 1 items: engineering services extension (W.E. Oliver, $185,908.95 spent), architectural services extension (CPH Consulting, Hall Darling, Fawley Bryant), roundabout aesthetic feature contract (Spectrum Underground, Inc., $340,906.50), and submerged lands easement renewal. Motion carried 5-0.
• Approved Consent Agenda No. 2: Resolution 24R-3258 (budget amendment for $262,500 for 1st Street Properties deposit/due diligence), Ordinance 24-5522 (vacation of easement at 4400 Bay Shore Road), Ordinance 24-5526 (comprehensive plan level-of-service projects update), Ordinance 24-5528 (Police Officers’ Pension Plan amendment), and Ordinance 24-5536 (General Employees’ Pension Plan amendment). All approved 5-0.
• Approval of Holiday Decor services contract with Rileighs Outdoor, LLC (estimated $400,000 over 3 years) was approved 5-0 with an amendment directing the City Manager to return with an additional estimate for lighting in more downtown areas.

Public Comments & Testimony

• Ron Shapiro (city resident) opposed the 1260 North Palm Avenue development, presenting a comparison chart showing non-compliance with retail frontage, compatibility, and other code requirements. He noted the Staff decision deadline was extended from July 2 to September 2, 2024, at the developer’s request.
• Judy Fox, Ellie Gibot, and Kelly Brown (residents) also expressed opposition to the 1260 North Palm project, citing code violations, construction disruption, and safety concerns.
• Kelly Brown (Gillespie Park Neighborhood Association) raised concerns about liquid petroleum gas storage and transfer by Seminole Railway in a residential area, urging city action.
• Holly Barber (South Poinsettia Park) requested $250,000 for street lighting upgrades and support for a lighting district.
• Rob Grant, Linda Kitch, Ron Kashden, Pearlee Freiberg, Flo Entler, Maureen Doherty, and others spoke against the Players’ revised term sheet, arguing it would privatize parkland and violate the Payne Park deed. They urged the Commission to reject the term sheet or limit the use to the existing auditorium.
• Chris Folker, Kirk Fogger, Mark Kaufman, and Larry Silvermintz spoke in favor of the Players’ proposal, highlighting its cultural benefits and minimal park impact.
• Kelly Kirschner (UnidosNow) expressed interest in using the auditorium for Latino community programming, suggesting the expansion be placed on city-owned land on US 301 instead of taking green space.
• Ron Kashden (city resident) spoke on Commissioner Battie’s attorney fees, expressing regret and calling for the Commission to consider the implications of paying fees.

Discussion Items

• Revised Term Sheet for The Players, Inc. (Agenda Item IX-1): Economic Development Manager Wayne Applebee presented the revised term sheet for a lease of the city-owned building at 2110 Adams Lane and adjacent land in Payne Park. The Players (CEO William Skaggs, Board Chair William Porter, and advisor Marty Black) explained the need for a 17,000 sq ft, two-story addition to create a 150-300 seat theater, with a $12 million investment. Public comment was sharply divided. City Manager Marlon Brown presented camera footage showing the proposed site had no public use over 52 days. After extensive discussion, Commissioner Arroyo moved to direct staff to prepare a lease based on the revised term sheet with amendments: eliminate the clawback provision in favor of a 30-year term, lease two parcels (Payne Park Auditorium with no additional improvements, and a city-owned parcel on US 301 for a new structure), and include an inflation adjustment clause. The motion passed 5-0.
• Attorney’s Fees for Commissioner Battie (Agenda Item IX-2): City Attorney Fournier explained the amended complaint filed July 2, 2024, and the options for payment. After discussion, Commissioner Arroyo moved to pay Commissioner Battie’s legal counsel until an order on the Motion to Dismiss the Amended Complaint is entered. The motion passed 4-0 (Commissioner Battie abstained).
• Public Hearings on Easement Vacations (Items X-2, X-3): These items were consolidated. Planner Rebecca Webster presented two ordinances to vacate easements for the Lofts on Lemon affordable housing development (phase 2). The first vacates a drainage/utility easement; the second amends a right-of-way easement to resolve a 2.5 ft building encroachment from phase 1. Staff recommended approval. After no public comments, the Commission passed Ordinance 24-5531 on first reading 5-0 and Ordinance 24-5532 on first reading 5-0.
• Quasi-Judicial Public Hearing (Item XI-1): Site plan application 24-SP-03 for Amaryllis Park Place III – redevelop 6.65 acres replacing 64 existing units with 144 attainable residential units in four three-story buildings. Staff and the applicant (Joel Freedman for Sarasota Housing Authority) confirmed compliance with all standards, tree mitigation (82 replanted), and parking (152 spaces). The Planning Board had recommended approval 5-0. No public speakers. The motion to approve subject to conditions passed 5-0.

Key Outcomes

• Holiday Decor Contract (Consent No. 1, Item 1): Approved with direction to City Manager to return with additional cost estimate for lighting on more downtown streets (5-0).
• The Players Lease: Staff directed to prepare a lease based on the revised term sheet with three amendments: 30-year term (no clawback), two parcels (existing auditorium only in Payne Park, new structure on city-owned US 301 parcel), and an inflation adjustment clause. Motion passed 5-0.
• Commissioner Battie Legal Fees: Approved payment of attorney’s fees until an order on the Motion to Dismiss the Amended Complaint (4-0, Battie abstained).
• Ordinance 24-5531 (Easement Vacation): Passed on first reading 5-0.
• Ordinance 24-5532 (Easement Amendment): Passed on first reading 5-0.
• Site Plan 24-SP-03 (Amaryllis Park Place III): Approved subject to staff conditions (5-0).
• Board Appointments: Reappointed Olga Hanlon, Natacha Denis, Kathryn Cooper to Board of Adjustment; appointed Eric Krompak to Citizens with Disabilities Advisory Board; reappointed Lauren Sullivan to Employee Retirement Account Committee; appointed Christopher Naese and Pamela Mones to Parks, Recreation and Environmental Protection Advisory Board; reappointed Daniel Clermont and Michael Halflants to Planning Board; reappointed Jack Meredith to Sarasota Housing Authority Board; reappointed Vice Mayor Ahearn-Koch as Florida League of Cities voting delegate. All by consensus.