1-13-2021 Bradenton City Council Minutes

CITY OF BRADENTON

CITY COUNCIL MEETING MINUTES January 13, 2021

8:30 A.M.

The City of Bradenton City Council met in the City Hall Council Chamber, 101 Old Main Street, Bradenton, Florida, at 8:30 a.m. on Wednesday, January 13, 2021.

Present: Mayor Gene Brown; Councilwoman Ward I Jayne Kocher; Vice Mayor/Councilwoman Ward II Marianne Barnebey; Councilman Ward III Patrick Roff; Councilman Ward IV Bill Sanders and Councilwoman Ward V Pam Coachman.

City Officials: Carl Callahan, City Administrator; Sharon Beauchamp, City Clerk & Treasurer; Chuck Edwards, Fire Chief; Jim McLellan, Public Works & Utilities Director; Melanie Bevan, Police Chief; and Scott Rudacille, City Attorney.

The pre-meeting invocation was led by Pastor Todd Poppell, First Baptist Church of Palmetto.

(The City does not endorse the religious beliefs of any speaker.)

Mayor Gene Brown led the Pledge of Allegiance and the meeting was opened.

PROCLAMATIONS: None.

PRESENTATIONS: None.

CITIZEN COMMENTS:

Glen Gibellina, 7110 28th Street East. Mr. Gibellina spoke regarding affordable housing then presented a list of surplus properties located in the City.

CONSENT AGENDA

a) City Clerk: Minutes ? December 16, 2020 b) City Clerk: Minutes ? December 30, 2020 c) City Clerk: Resolution 21-1 ? Standard Mileage Rate for 2021 d) Legislative: Resolution 21-3 ? Reappointing Larry Covins and Tom Woods to the Fire Pension

Board e) Legislative: Resolution 21-4 ? Reappointing John Mantone to the Fire Pension Board f) Police: Forfeiture Expense ? Freezer to Store DNA Evidence g) Police: Sole Source Declaration ? Vigilant Solutions h) Public Works: Budget Adjustment BA21-10 i) Public Works: Piggyback Agreement with Kemira Water Solutions j) Public Works: Piggyback Agreement with Thatcher Chemical of Florida

MOTION TO APPROVE THE CONSENT AGENDA was made by Councilman Sanders and seconded by Councilman Roff. Motion passed 5-0.

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BUSINESS/ADVERTISING, PETITIONS, HEARINGS & COMMUNICATIONS:

Ordinance 3069 ? FIRST READING

AN ORDINANCE OF THE CITY OF BRADENTON, FLORIDA, PROVIDING FOR AMENDMENT TO THE CITY OF BRADENTON COMPREHENSIVE PLAN FUTURE LAND USE MAP; CHANGING THE FUTURE LAND USE DESIGNATION FROM CONSERVATION TO SUBURBAN COMMERCIAL CORRIDOR FOR A PORTION OF PROPERTY LOCATED OFF SAINT LUCIA DRIVE AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED "EXHIBIT A"; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Sharon Beauchamp, City Clerk & Treasurer read Ordinance 3069 for the record and requested the Second Reading and Public Hearing be scheduled for February 10, 2021.

MOTION TO SET THE SECOND READING AND PUBLIC HEARING FOR ORDINANCE 3069 ON FEBRUARY 10, 2021 was made by Councilman Sanders and seconded by Councilwoman Coachman. Motion passed 5-0.

NEW BUSINESS BY DEPARTMENT HEADS, CITY ATTORNEY AND COUNCIL:

Development Agreement with 920 Manatee Associates, LLC

Carl Callahan, City Administrator explained the proposed development agreement is for the property located at 920 Manatee Avenue West. He explained the property was surplused in 2019 under the ownership of Manatee County and the successful respondent to the Request for Proposal was 920 Manatee Associates, LLC. Included in the proposal to the County, he continued, was the desire to build workforce/attainable housing on the site. Mr. Callahan announced 920 Manatee Associates was awarded the opportunity to purchase the property with a land use development agreement with Manatee County that states the property must stay as workforce/attainable housing for 12 years from the effective date of that agreement.

Mr. Callahan announced representatives for 920 Manatee Associates had approached staff requesting assistance from the city. Therefore, he continued, a development agreement was created laying out the terms and at the next Community Redevelopment Agency Meeting, another agreement will be presented containing TIF arrangements.

Mr. Callahan pointed out important factors in the development agreement with the City. One, he continued, is the request to waive impact fees and another is the request that utility connection fees be waived. Mr. Callahan added parking for the tenants in the building has also been requested. He said, at this time, there is parking available to fulfill their request by utilizing a portion of the Post Office lot and 60 parking permits to use in the City Centre Parking Garage.

Mr. Callahan announced the developer will refurbish both a portion of the Post Office parking lot as well as 15 spaces along Manatee Avenue for public use. The drive-through mail drop-off lane will remain the same, he continued, and rents will be paid for the use of the parking lot. Mr. Callahan announced if at any point the City desires to move the tenants' parking, there is a clause in the agreement that allows this as long as the parking is moved to a "similar" lot.

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A discussion ensued regarding potential upgrades and proposed traffic flow in the Post Office parking lot.

Ron Allen, 920 Manatee Associates, LLC. Mr. Allen announced the intent of the development at 920 Manatee Avenue West is to be attainable housing, which is a requirement in the development agreement with Manatee County.

Mr. Allen presented a site plan which included 5,000 square feet of retail space on the first floor, 11 stories of residential space and a rooftop with several amenities. He added there were many meetings with Realize Bradenton and young professionals in the area to pinpoint features they feel would be important in the proposed building.

Mr. Allen explained they are requesting 92 spaces from the Post Office parking lot for the residents of the proposed development and 15 spaces to be utilized by the public. He added the parking lot will be updated to create a better parking area for the public as well as residents.

Mr. Allen presented Exhibit "D" which was the recorded development agreement with Manatee County outlining the Florida Housing Finance Corporation Income Limits and Rent Limits. He explained attainable housing is defined as 80-120% of median income, which in this area is defined as an individual making between $39,700 and $59,600 in income.

A discussion ensued regarding projected rent costs and attainable housing as opposed to subsidized housing.

Mr. Callahan requested information regarding Mr. Allen's company NDC Asset Management and their experience with managing apartment complexes. Mr. Allen announced through NDC Asset Management, approximately 7,000 units of apartments in five different states are managed by staff with over 42 years of experience with attainable housing.

Councilman Sanders inquired as to inducements requested in the development agreement. Mr. Allen explained because of costs, he is requesting the City allow the building not be constructed with a Stepback beginning on the 8th Floor as required in the Form-Based Code.

Councilman Sanders inquired as to Section 5 in the development agreement and the requested impact fee waivers. Mr. Allen said the estimation for impact fees are $800,000 of which approximately $400,000 is for school impact fees. Mr. Allen confirmed they are requesting forgiveness of the City impact fees and not the school impact fees.

Councilman Sanders voiced his concerns with the requested lease terms for the Post Office parking lot. Mr. Callahan explained the terms requested would be for the life of the building. However, he continued, if Council would like to add exemptions to the lease, those could certainly be added. Mr. Callahan announced the parking charges was structured to end at the time the CRA would start receiving $200,000 in TIF funds which is after year seven of the lease.

Vice Mayor Barnebey asked if a developer should request to build a major development in the Post Office parking lot area in the future, is there a mechanism in which the City can break the lease. Mr. Callahan asked if Mr. Allen would agree to the last paragraph in Section 7 of the development agreement to read as follows:

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"The City reserves the right to relocate the Premises to another parking area owned by the City provided the new location and improvements, if any, to be made for Developer's use are mutually agreed to by the City and Developer, which consent shall not unreasonably be withheld or delayed."

Mr. Allen agreed to the proposed change in the development agreement. Mr. Callahan explained, because the lease is long-term, he did not want to put the City in the position to not grant development opportunities on that site in the future because it was tied up in a parking lot lease.

Mr. Allen explained normally either a parking lot would be sold to them or a long-term lease would be negotiated for financing purposes.

Considering all of the factors including removing the blighted building on the site now, Councilman Roff said he is comfortable with the development agreement with 920 Manatee Associates and believes the development would benefit the downtown area.

As a realtor, Councilwoman Kocher said she appreciates the pressures on the rental market right now from being exacerbated with seasonal rentals. She added she believes this project may counteract some of those pressures and would like to see this project move forward especially because of the location. Because of those factors, she continued, she believes the incentives requested by the developer are very appropriate.

Councilwoman Coachman said her only concern is whether young teachers would able to afford the workforce housing rental pricing presented at the meeting.

A discussion ensued regarding downtown resident parking rates. It was the general consensus of Council to discuss the matter at a future workshop.

Councilman Sanders inquired as to the attorneys names that reviewed the development agreement. Mr. Allan announced the attorney that reviewed the document on his behalf is Bob Green and Mr. Callahan announced the attorney that reviewed the document on the City's behalf is conflict counsel, Becky Vose.

Councilman Sanders inquired as to the right to assign and requested that verbiage be added to the development agreement. Mr. Allen said he has no problem adding the verbiage "assigning the agreement with approval from both parties".

Councilman Sanders expressed concerns regarding noticing the meeting because the public did not ask questions about the project at the meeting. Scott Rudacille, City Attorney, said the general rule on approval of agreements is there is not a requirement for noticing because the matter is not a public hearing item.

Ms. Beauchamp announced the matter was included on the agenda and this agenda was properly noticed.

MOTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH 920 MANATEE ASSOCIATES, LLC ON THE PROJECT SITE 920 MANATEE AVENUE WEST IN BRADENTON WITH THE STIPULATION THAT THE CONTRACT MAY ONLY BE ASSIGNED WITH THE APPROVAL OF

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COUNCIL AND SAID APPROVAL SHALL NOT BE UNREASONABLY WITHHELD was made by Councilwoman Kocher and seconded by Councilman Roff. Motion passed 5-0.

Mayor Brown recognized newly-retired Councilman Gene Gallo and County Commissioner Van Ostenbridge in attendance at the meeting.

UNFINISHED BUSINESS: None.

COUNCIL REPORTS:

Vice Mayor/Councilwoman Ward II Marianne Barnebey: Vice Mayor Barnebey announced she has been meeting with city staff regarding procedures for Airbnb or VRBO's in the city limits. She believed those conversations have been fruitful and hopes to bring information forward in the near future.

Vice Mayor Barnebey announced the Manatee County Fair is in full swing then asked everyone to support the 4-H steer and swine sale fundraisers because the children have worked hard raising the livestock all year.

Vice Mayor Barnebey congratulated Judge Thomas Gallen for receiving Manatee River Fair Association's 2021 Manatee Distinguished Citizen Award and thanked him for his service to the community.

Vice Mayor Barnebey extended her condolences to the family of Dr. Joe Newhall. She spoke highly of Dr. Newhall and announced Mrs. Newhall wrote a book about their missionary experience in Burma.

Councilman Ward III Patrick Roff: Councilman Roff said he was pleased to read an article in the newspaper about Mayor Brown meeting with local legislators recommending municipal employees be offered the COVID-19 vaccination. Councilman Roff agreed city employees should be offered the vaccine and said he believes should services provided by municipalities cease, the state would come to a screeching halt.

Councilman Ward IV Bill Sanders: Councilman Sanders announced he was diagnosed with a very curable form cancer in 2020 and is optimistic for a full recovery.

Councilman Sanders said he believes the project discussed today for the 920 Manatee Avenue West site is a very good one however, the public needs to be informed of the cost. He invited the public to come to the January 27, 2021 City Council Meeting to voice their concerns.

Councilwoman Ward I Jane Kocher: Councilwoman Kocher said she is very excited to serve on City Council and hopes to serve the city and its residents proudly.

Councilwoman Ward V Pam Coachman: Councilwoman Coachman said it is an honor to serve on City Council and is looking forward to working with the Mayor and fellow councilmembers. Councilwoman Coachman thanked Melanie Bevan, Police Chief for setting her mind at ease over a concern and concluded city staff have been very supportive.

Mayor Gene Brown: Mayor Brown encouraged everyone that will be attending the Manatee County Fair to wear a mask and practice social distancing.

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