MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 3, 2005, 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 Robert M. Fournier 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 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGE TO THE ORDERS OF THE DAY = APPROVED TO REMOVE CONSENT AGENDA NO. 1, ITEM NO. IV-A-4, WHICH WILL BE HEARD UNDER UNFINISHED BUSINESS AS AGENDA ITEM NO. VI-2 CD 2:34 through 2:35 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Consent Agenda No. 1, Item IV-A-4, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Purchase and Sale Agreement between the City of Sarasota and Reginald Williams for the acquisition of property for the expansion of Fredd "Glossie" Atkins Park, per the request of City Manager McNees City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. IV-A-4, will be considered under Unfinished Business as Agenda Item No. VI-2, which will be heard in the afternoon session. Mayor Martin asked if the Commission has any objections to the Change to the Orders of the Day; and hearing no objections; stated that the Change to the Orders of the Day is approved by unanimous consent. BOOK 58 Page 29506 01/03/05 2:30 P.M. BOOK 58 Page 29507 01/03/05 2:30 P.M. Mayor Martin asked if any Commissioner wishes to remove an item from Consent Agenda Nos. 1 or 2; and hearing no requests for removal, stated that Consent Agenda Nos. 1 and 2 will be heard as presented with the exception of Consent Agenda No. 1, Item IV-A-4, which was pulled by City Manager McNees as a Change to the Orders of the Day. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 through 2:40 The following person came before the Commission: David Ferdinand, 627 South Osprey, No. 13 (34236), distributed a document entitled "Guinness World Records 2005 Special 50th Anniversary Edition" and information regarding a book entitled "The Answer to How is Yes", authored by Peter Block; and stated that some exciting news will be shared with the Commission; that over the last month, he has been conducting numerous informational meetings; that he had a brief discussion with Mayor Martin concerning a proposal for the City; that the document he distributed indicates the World record for the largest jigsaw puzzle; that the 58,435 square foot puzzle consisted of 21,600 pieces; that the puzzle was constructed on November 3, 2002, at the former Kai Tak Airport in Hong Kong, China; that his proposal is to construct the World's largest jig saw puzzle in the City of Sarasota at Payne Park; that the jig saw puzzle would be 135,000 square feet with 135,000 pieces; that approximately 900 people would be necessary to construct the puzzle; that initial meetings were held with Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, and Pat Calhoon, Sports Facilities Manager; that he has made considerable advancements toward executing the puzzle program; that details will not be provided due to the limited time available to speak; that Mayor Martin suggested he read Mr. Block's book; that the book was enlightening; that thanks are expressed to the Mayor for his suggestion; that two key points raised in the book are: Transformation comes more from pursuing profound questions than seeking practical answers - Social Architect is a person having the ability to integrate engineering, architecture and artistic talents for a social good. Mr. Ferdinand continued that the hope is to work with the Commissioners and Staff as well as Sarasota County Staff to make the event fun for the public; that everyone will be invited to participate; that the hope is to utilize the event as a tourist attraction. Mayor Martin stated that Mr. Ferdinand's presentation is appreciated; that the project is fascinating; that he will be interested in hearing more as the project moves forward. Mr. Ferdinand stated that several meetings are scheduled with Mayor Martin, Vice Mayor Servian, and Commissioner Atkins in the next couple of weeks; that more details will be provided during the meetings. Mayor Martin stated that Mr. Ferdinand should schedule meetings with all the Commissioners. 3. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 6, 2004, AND THE MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 13, 2004 = APPROVED WITH A REQUEST FOR STAFF TO REVIEW THE MINUTES FOR ANY NECESSARY SPELLING OR GRAMMATICAL ERRORS (AGENDA ITEM II) CD 2:40 through 2:41 Mayor Martin asked if the Commission had any changes to the minutes of the December 6, 2004, Regular Commission meeting? Commissioner Palmer stated that no significant changes are necessaryi; however, a number of spelling errors exist in both sets of minutes; that a request is for someone to re-read both sets of minutes and make any spelling or grammatical errors necessary. Mayor Martin stated that hearing no other changes, the minutes of the Regular City Commission meeting of December 6, 2004, are approved by unanimous consent. Mayor Martin asked if the Commission had any changes to the minutes of the December 13, 2004, Regular Commission meeting? Mayor Martin stated that hearing no changes, the minutes of the Regular City Commission meeting of December 13, are approved by unanimous consent. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 5, 6, 7 AND 8 APPROVED; ; ITEM 4 = REMOVED AND WILL BE DISCUSSED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VII-2 (AGENDA ITEM IV-A) BOOK 58 Page 29508 01/03/05 2:30 P.M. BOOK 58 Page 29509 01/03/05 2:30 P.M. CD 2:41 1. Approval Re: Set for public hearing proposed Ordinance No. 05-4601, amending the Sarasota City Code, Chapter 37, Water and Sewers, Article IV, Use of Reclaimed Water, Section 37-74, installation/ construction of reclaimed water irrigation systems, by deleting the adoption by reference of the City of Sarasota Cross Connection Control Manual for reclaimed water sites and replacing it with adoption by reference of the City of Sarasota Public Works Department Water Utilities Division Potable Water Cross-Connection Control Manual; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Willie L. Manley for water and sewer service for a developed site located at 2061 Mable Long 31st Way. 3. Approval Re: Settlement of litigation Alex Lancaster, et al. versus City of Sarasota, the Nuisance Abatement Board of the City of Sarasota, et al. United States District Court, Middle District of Florida Case No. :04-CV-129-7-24. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Local Agency Program (LAP) Agreement between the City Auditor and Clerk and the Florida Department of Transportation (FDOT), for construction of additional (second) left turn lane, southbound to eastbound, on Osprey Avenue at US-41. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Landscape Architectural Services between the City of Sarasota and Phil Graham & Company, P.A., and David W. Johnston Associates, Inc., (RFP #03-58E) for an additional one-year period for planning and design of various small roadway median and park projects 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Renewal to Agreement for Engineer of Record Services between the City of Sarasota and Boyle Engineering Corporation, askervile-Donovan, Inc., and Wilson Miller, Inc., (RFP #02-15M) for an additional one-year period for planning and design of various small roadway median and park projects. 8. Approval Re: Proposed 2005-2006 Budget Calendar. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 5, 6, 7 and 8. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 05-4591) ADOPTED (AGENDA ITEM IV-B-1) CD 2:42 through 2:43 1. Adoption Re: Second reading of proposed Ordinance No. 05-4591, amending the Sarasota City Code, Chapter 23, Peddlers and Solicitors, Article I, in General, Section 23-3.6, Commercial Vending on public property and public right-of-way sO as to extend the hours within which Commercial Vending is permitted; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only). City Auditor and Clerk Robinson read proposed Ordinance No. 05-4591 by title only. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item No 1. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Atkins, no; Bilyeu, yes; Martin, yesi Palmer, yes; Servian, yes. Commissioner Palmer asked if Ordinance No. 05-4591 moves the commencement time to 6:00 a.m.? City Auditor and Clerk Robinson stated that the item will be scheduled for public hearing at the January 18, 2005, Regular Commission meeting. 6. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE - REAPPOINTED VIRGINIA HOFFMAN (AGENDA ITEM V-1) CD 2:43 through 2:43 Mayor Martin stated that the item is the appointment to the Public Art Committee; that the term held by Virginia Hoffman has BOOK 58 Page 29510 01/03/05 2:30 P.M. BOOK 58 Page 29511 01/03/05 2:30 P.M. expired; that Ms. Hoffman is eligible for and has expressed an interest in reappointment; that no other applications have been submitted. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to reappoint Virginia Hoffman to the Public Art Committee. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Mayor Martin announced the reappointment of Virginia Hoffman to the Public Art Committee. 7. BOARD APPOINTMENTS: APPOINTMENT RE: : FIREFIGHTERS PENSION BOARD OF TRUSTEES REAPPOINTED BILLY ROBINSON AND MARY BERKEBILE (AGENDA ITEM V-2) CD 2:43 through 2:45 Mayor Martin stated that the item concerns two appointments to the Firefighters' Pension Board of Trustees of the City of Sarasota. City Auditor and Clerk Robinson stated that his term expires in January 2005; that Mary Berkebile's term also expires in January 2005; that both seats are designated for City residents; that in accordance with Section 5.9 of the Interlocal Agreement between the City and County for Fire and Emergency Medical Services, the City agrees prior to the appointment of a legal resident of the City to fill one of the two City Commission appointments to the Firefighters' Pension Board (Board) as provided for in Section 24-23 of the Sarasota City Code, 1986 as amended, the City will solicit from the County the names of persons the City Commission may wish to consider for appointment to the Board; that a December 10, 2004, letter from Sarasota County Administrator, James Ley, regarding the reappointment of Ms. Berkebile is included in the Agenda backup material. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to reappoint Billy Robinson and Mary Berkebile to the Firefighters' Pension Board Of Trustees. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Mayor Martin announced the reappointment of Billy Robinson and Mary Berkebile to the Firefighters' Pension Board of Trustees. 8. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE 82 PARKING SPACES AT THE BAYFRONT PARKING AREA BE DEDICATED TO MARINA JACK FOR THE USE OF THEIR CUSTOMERS; AND AUTHORIZE THE CITY MANAGER TO DETERMINE FUTURE MODIFICATION OF THE BAYFRONT PARKING PLAN ADMINISTRATIVEbY APPROVED TO: 1) AUTHORIZE 82 PARKING SPACES AT THE BAYFRONT PARKING AREA BE DEDICATED TO MARINA JACK FOR THE USE OF THEIR CUSTOMERS AND 2) AUTHORIZE THE CITY MANAGER TO DETERMINE MODIFICATION OF THE BAYFRONT PARKING PLAN ADMINISTRATIVELY UP TO 175 PARKING SPACES; REFERRED TO THE ADMINISTRATION TO RESEARCH THE POSSIBILITY OF CONSOLIDATING THE TWO LEASES WITH MARINA JACK AND O'LEARY'S WATER SPORTS AND GRILL AND REPORT BACK; AND DIRECTED THE ADMINISTRATION TO CONTINUE WORK TOWARD THE POSSIBILITY OF A LEASE AMENDMENT WITH THE STATE TO INCLUDE THE GRASS AREA ON THE NORTHERN PORTION OF THE SITE AND REPORT BACK (AGENDA ITEM VI-1) CD 2:45 through 3:42 Mayor Martin stated that the item is to authorize dedicating 82 parking spaces at the Bayfront parking area to Marina Jack for the use of their customers and to authorize the City Manager to determine future modification of the Bayfront Parking Plan administratively. V. Peter Schneider, Deputy City Manager, came before the Commission, referred to a parking diagram indicating the proposed permanently assigned parking spaces to Marina Jack displayed on the Chamber monitors; and stated that the Administration's first recommendation is to authorize 82 parking spaces at the Bayfront parking area be dedicated to Marina Jack for the use of their customers; that the request originated in early November 2004, at the time the Holocaust Museum came forward and the Commission approved the use of Bayfront Park for the Embracing Our Differences event; that the Administration met with Robert Soran, Owner, Marina Jack, and Bruce Franklin, President, ADP Group, representing Marina Jack, to further discuss the Marina Jack request; that the understanding at the meeting was Marina Jack would agree the condition in the Lease Agreement with Marina Jack regarding adequate parking would be satisfied if the City granted the additional spaces; which is however, no longer the case; that the request before the Commission remains at 82 parking spaces; that the diagram of permanently assigned parking to Marina Jack included in the Agenda backup material is not quite accurate; that the diagram indicates one area of 37 parking spaces assigned to Marina Jack; that the diagram indicates another area of 26 parking spaces assigned to Marina Jack; that a portion of the second area BOOK 58 Page 29512 01/03/05 2:30 P.M. BOOK 58 Page 29513 01/03/05 2:30 P.M. should not be included; however, the area immediately south of the 37 parking spaces should be included; that the number of parking spaces remains the same. Mayor Martin stated that the two sections which should be included are the sections closer to US 41 running south. Mr. Schneider stated that is correct; that the Administration's second recommendation is to authorize the City Manager to determine future modifications of the Bayfront Parking Pan administratively: that significant documentation from previous Commission meeting minutes is included in the Agenda backup material; that the minutes indicate the Commission has had some involvement in the past; that the City Manager believes any future modifications of the Bayfront Parking Plan can be performed administratively: Mr. Soran and Mr. Franklin came forward. Mr. Soran stated that the City's lease to Marina Jack defines the City's obligation for parking demand as providing "adequate parking"; that determining the meaning of the term "adequate parking" is necessary; that the Commission should view Marina Jack in its entirety in relationship to the City and the Bayfront; that Marina Jack is one of four existing City leases, including leases with Mote Marine Laboratory and Aquarium (Mote), MarineMax, and Mattison's City Grille; that Marina Jack is the largest entity providing a lease revenue stream to the City; that Marina Jack's rent for the year which was determined from a 1995 appraisal including escalators, in-kind maintenance performed, park area, plus the small amount paid to the State, will approach approximately $300,000; that Marina Jack has made significant investments; that over $10 million has been invested in the Bayfront in the last five years; that the investment is significant and is being treated accordingly; that the intent is to make the City proud of the Bayfront; that Marina Jack is proud of the Bayfront; that O'Leary's Water Sports and Grill (O'Leary's) is an addition which will hopefully continue; that O'Leary's is an isolated unit on the Bayfront; that the City participates in O'Leary's success due to the provision in the lease agreement for the payment of a fixed fee or three percent of gross sales, whichever is higher, to the City; that O'Leary's could not be successful without adequate parking. Mr. Soran continued that Mr. Franklin was involved at the time the lease was amended in 1995; that he was not involved; that at the time, the City required Marina Jack to conduct a Parking Study; that Marina Jack should be provided the amount of parking entitled or required by the Zoning Code (2002 Ed.); that the Zoning Code (2002 Ed.) would dictate 398 parking spaces based on the size of the restaurant and the marina; that if the question was posed as to the number of parking spaces to which he is entitled, the answer would be 398 parking spaces; that he is paying for 398 parking spaces with the payment of considerable rent; that the intent is not to imply 398 parking spaces should be provided; that Marina Jack likely does not require 398 parking spaces; that beginning with the dedication of 82 out of the 398 parking spaces is a good place to start to determine if 82 parking spaces are sufficient as the City continues to grow and parking becomes more vital; that some expanded parking in the area will be discussed. Mr. Franklin stated that the Special Exception arose at the time the Jack Graham Inc. (JGI) was in the middle of negotiating an amendment to the lease with the City; that a good inventory of the amenities and services at Marina Jack was not available; that a baseline was established from which all future decisions can be made; that a Special Exception process was conducted which outlined the location of the charter boats, the number of charter boats, and the number of seats in the restaurant; that the Special Exception, in conjunction with the lease, also established the total number of slips allowed, which was consistent with Marina Jack's lease with the State; that a framework was established for future decision making concerning the Bayfront; that the analysis at the time, which was actually part of the ordinance adopting the Special Exception, set forth the need for 398 parking spaces; that the study indicated JGI should have 398 of the 497 spaces in Bayfront Park; that reserving 398 parking spaces solely for use by Marina Jack would be unreasonable; that Marina Jack has some valet parking and can from time to time work with Staff in situations such as with the Holocaust Museum exhibit or a similar event; that having flexibility to work with Staff and modify the parking allocation is the desire; that Marina Jack is taking the position of requesting the City work with Marina Jack in a flexible manner rather than taking the position the City's obligation is to provide Marina Jack with 398 parking spaces. Mr. Franklin continued that the first request is to allocate 82 parking spaces to Marina Jack for the use of their customersi that the hope is to work with Staff going forward and to make modifications to the allocation dministratively: that along the northern portion of the site is a single loaded tier of parking; BOOK 58 Page 29514 01/03/05 2:30 P.M. BOOK 58 Page 29515 01/03/05 2:30 P.M. that room exists for approximately 90 more parking spaces; that the 90 parking spaces have been identified as potential future parking spaces in the original Special Exception; that the proposal is to design and construct the 90 parking spaces as a credit against the lease payment which would help to expedite the process; that the proposal could be constructed privately under an agreement with the City; that work would be coordinated with the City's Engineering Department to obtain the appropriate permits; that the total parking inventory would be upgraded by 90 spaces; that more people will be using the Bayironti that The tegerwaldt/ockey Fountain, also called the children's fountain, and the Allen Play Area are extremely successful; however, new parking was never added; that more activities are taking place; that the demand for parking will increase over time, which is the reason for the request to maneuver administratively rather than having to come back before the Commission each time a need arises to adjust parking allocation. Mr. Franklin continued that Mr. Soran and JCI acquired the O'Leary's lease; that substantial improvements have been made to O'Leary's; that the request is to authorize Staff to work with Marina Jack to develop a lease amendment and extension agreement which would consolidate the two leases, address some other issues, and possibly even the management of the mooring fields which is being addressed separately; that the desire is for a comprehensive lease arrangement for management and operation of the private facilities under lease to the City; that the Commission is requested to consider: 1) approving Staff's recommendation for the allocation of the initial 82 parking spaces with future modifications being made administratively, while also recognizing Marina Jack is not agreeing to fix the number of parking spaces but to work with Staff in a flexible manner and 2) authorizing Staff to work with Marina Jack on a lease modification and consolidation agreement. Commissioner Palmer stated that no decision has been reached regarding the mooring field issue; that the City is prepared to issue a Request for Proposals (RFP). Mr. Franklin stated that a decision which would be incorporated into the lease modification and consolidation agreement could be made. Commissioner Palmer stated that incorporating management of the mooring field is possible; however, the issue is not open for discussion at this time. Mr. Soran stated that traditionally, a mooring field does not require a significant amount of parking; that another requirement for parking will exist depending upon the type of mooring field. Commissioner Palmer stated that the impression should not be given any decision has been made regarding the mooring field; that the minutes included in the Agenda backup material were reviewed; that a question is the level of decisions which will be made administratively: that policy decisions will be made by the Commission; that adjusting locations for parking is one issue; however, having decisions regarding deleting or adding parking spaces or significantly modifying time to park made administratively is a concern requiring clarification. Mayor Martin stated that clarification regarding the request and the Bayfront Parking Plan is important. Mr. Schneider stated that an example of a policy decision versus refinement of the Bayfront Parking Plan is the Administration's recommendation before the Commission at this time; that 82 parking spaces are being requested for permanent control by Marina Jack, which is purely a policy decision; that in one year, Marina Jack could come back and request 84 or 90 parking spaces if 82 parking spaces are no longer adequate, or could request moving some of the dedicated parking spaces from one area to another; that such requests would be considered administrative. Mayor Martin stated that the request at this time is for a policy decision. to authorize the dedication of 82 parking spaces to Marina Jack; that the next time, the request will not be a policy decision. Mr. Schneider stated that the request may or may not be a policy decision; that the Administration will not hesitate to bring the request to the Commission if the request is considered a policy decision. Mayor Martin asked for clarification of Staff's interpretation of a policy decision. City Manager McNees stated that the parking diagram outlines all the parking spaces; that the request is to have the ability to adjust some of the parking as long as the number of parking spaces remains the same; that the situation is dynamic since BOOK 58 Page 29516 01/03/05 2:30 P.M. BOOK 58 Page 29517 01/03/05 2:30 P.M. special events take place; that the situation will be reviewed in one month; that for example, the Administration may determine 94 rather than 86 parking spaces are more appropriate; that such adjustments within the overall number of spaces should be performed administratively, that otherwise, a delay is involved by having to bring the requests forward to the Commission; that an example of a policy decision requiring Commission approval would be the 90 parking spaces on the northern portion of the site which have been identified as potential future parking spaces in the original Special Exception; that the request is to have some flexibility regarding the Bayfront Parking Plan which defines which parking spaces are two-hour, three-hour, valet only, liveaboard, etc., without having to come back to the Commission to make the adjustments. Mayor Martin stated that the Administration has been indicating a plus or minus 10 percent change to the request for the 82 parking spaces. City Manager McNees stated that the intent was only to provide examples. Mayor Martin asked the situation if the request was to change the amount from 82 parking spaces to 120 or 150 parking spaces and if the Administration would consider the request a policy decision requiring approval by the Commission? City Manager McNees stated that the line is drawn at the number of existing parking spaces; that the Administration would have the flexibility to assign the parking spaces as deemed appropriate as long as more parking spaces are not being constructed or removed from the inventory of 398 parking spaces. Mayor Martin stated that the clarification required was if the Administration would have the Elexibility to make adjustments to the 398 parking spaces. Vice Mayor Servian stated that two issues are involved; that the first issue is the overall lease and the second is the Bayiront Parking Plan; that the Bayfront Parking Plan is in place; that a requirement would exist to provide as many as 398 parking spaces if the Zoning Code (2002 Ed.) were followed; that the flexibility to allocate the parking spaces as necessary for any given special event or extenuating circumstances should rest with the Administration; that bringing the request back to the Commission each time a request is made to move spaces or change the time allowed to park does not make sense and is considered an administrative function; that the policy decision was already made at the time the Bayfront Parking Plan went into effect; that any significant change to the Bayfront Parking Plan would be a policy decision requiring Commission approval; that the issue concerning the 90 additional parking spaces is a separate discussion; that delineating a certain number of spaces or the location of a certain number of spaces should not require approval by the Commission; that the 398 parking spaces are part of the Bayfront Parking Plan. Mr. Franklin stated that the actual number of parking spaces in inventory according to the Engineering Department is 497; that 398 parking spaces were deemed required. Mr. Soran stated that the Commission has indicated in the past the desire to keep signage simple and clear; that the parking spaces allocated for liveaboards are indicated on the parking diagram; that the Administration desires to place the parking spaces back in the regular parking inventory; that 10 parking spaces in the main parking area are allocated for liveaboards with permits issued by Marina Jack; that the Administration desires to place the parking spaces back into the regular parking inventory and for Marina Jack to absorb the parking spaces allocated for liveaboards into the 20 parking spaces in the alley; that the situation is a good example of the type of allocation which would be accomplished administratively: that two, three, or four of the valet parking spaces could be dedicated to the liveaboards, which would be the prerogative of Marina Jack; that the public inventory would not be involved. Commissioner Bilyeu asked the reason the City is not providing Marina Jack with the amount of parking spaces required by the Zoning Code (2002 Ed.)? City Manager McNees stated that the City's lease to Marina Jack defines parking demand as adequate parking"; that an assertion is the term "adequate parking" means the number of parking spaces required for a private development under the Zoning Code (2002 Ed.), which the lease does not indicate; that the lease does not define the term adequate parking"; that adequate parking to Mr. Soran means the requirement under the Zoning Code (2002 Ed.); that the City is using the terms of the lease, specifically the City is required to provide adequate parking; that the parking spaces also are dedicated to the City's uses such as The steigerwaldt/lockey Fountain, also called the children's fountain, etc.; that the City is in the position of BOOK 58 Page 29518 01/03/05 2:30 P.M. BOOK 58 Page 29519 01/03/05 2:30 P.M. living up to the terms of the lease, which is the policy statement since adopted by the Commission; that no one desires to involve the court in defining the term "adequate parking"; that the preference is to work together in a cooperative manner to resolve the issue. Mr. Schneider stated that a parking standard did not exist at the time the lease agreement was initially approved in 1965; that Marina Jack's operation has increased over the years; that the parking requirements have changed; that the zoning code did not have a parking standard for the Governmental Use (G) Zone District until 1998. Mr. Franklin stated that the City's position could be the term "adequate parking" means none since no requirement exists for a public park in the G Zone District; that the City has an interest in ensuring Marina Jack operates well; therefore, parking must be provided; that the standard for adequate parking must be identified; that 398 parking spaces would be required if the marina was developed at this time; that Marina Jack is a tenant of the City; that the desire is for both parties to have flexibility; that the situation çan be modified on a weekly, monthly and yearly basis; that changes can be made administratively as activities occur. Commissioner Palmer stated that the 497 parking spaces currently existing would only allow approximately 100 spaces for the public, which is not realistic either; that Marina Jack is commended for working with the City to attempt to resolve the situation in a manner which would be helpful to the community as well; that having the ability to expand up to 398 parking spaces without bringing the request back to the Commission is considered too extreme and is a concern; that the intent is not to indicate the Administration would allocate up to 398 parking spaces; however, providing the flexibility is a concern; that having only 100 public parking spaces left will not be sufficient for the community at-large; and asked the manner in which Marina Jack will control the parking spaces? Mr. Soran stated that control of the parking spaces will be established over time; that flexibility over the control of the parking spaces will be exercised; that the Administration will likely not be sO flexible as to provide 398 parking spaces; that the Administration has already indicated 398 parking spaces would not be provided; that Marina Jack does not require 398 parking spaces; that a time usage issue exists, which the Administration has managed well during construction in the Downtown; that a permitting process controlled by Marina Jack is used for the commercial boat parking area; that Marina Jack controls the permits; that people who do not have a permit to park in the area are often charged; that the Administration has not received any complaints with the permitting process; that control of the parking is manageable and doable; that Mote utilizes signage indicating: "Mote Marine Patrons Only All Others Will Be Towed"; that left turn lanes onto Main Street are not available from north or south US 41; that all northbound traffic coming into the marina must come up through the alleyway. Mr. Soran referred to the parking diagram displayed on the Chamber monitors; and stated that the entry way into the marina is approximately 40 feet; that the flexibility of approving other changes administratively such as the installation of a gate will be helpful. Commissioner Palmer asked the number of parking spaces currently under the control of Marina Jack? Mr. Soran stated that 13 parking spaces were provided in the amended lease; that the 13 parking spaces were originally for use by the public but were provided as valet parking spaces in the amended lease. Commissioner Palmer stated that the understanding is no parking spaces other than the 13 spaces are designated for use solely by Marina Jack Mr. Soran stated that is correct, other than the ten parking spaces designated for liveaboards, which are not for use as valet parking; that all the other parking spaces are for use by the public at any time. Vice Mayor Servian stated that the City is a partner with Marina Jack; that people should be encouraged to use the facilities at the Bayfront; that the City benefits overall if more people use the facilities; that a ceiling could be established for administrative approval; that any modifications up to 175 parking spaces could be addressed by the Administration; that any modification for over 175 parking spaces must come back before the Commission; that the number seems reasonable since well over twice the amount of spaces requested at this time. BOOK 58 Page 29520 01/03/05 2:30 P.M. BOOK 58 Page 29521 01/03/05 2:30 P.M. Mayor Martin stated that establishing a limit of up to 175 parking spaces provides more assurance. Commissioner Atkins stated that establishing a ceiling is a concern; that the phrase "water seeks its own level" is recalled; that requests will eventually be made to modify the number of 175 parking spaces; that Marina Jack will not be eager to seek modification to 175 spaces if a ceiling is not established, which was the interpretation of the Administration's recommendation to authorize the 82 parking spaces and to authorize the City Manager to determine future modification of the Bayfront Parking Plan administratively: that he is willing to support the Administration's recommendation. Mayor Martin stated that the valet parking in the northern portion of the site seems a prime area for Marina Jack customers; that due to the location, the area will be dedicated by, default to Marina Jack since the Bayfront activities are at the southern end of the site; and asked if the area will be used for valet parking? Mr. Soran stated that valet parking will be easier to control if located within the requested 82 parking spaces; that a significant portion of valet parking is performed in the evening; that the City has lights in the Bayfront parking to the south of Main Street; however, no lights exist to the north; that a regular customer base will not desire to use the area to park; that additional lighting in the area can hopefully be included in the future. Mayor Martin asked for clarification regarding the towing policy since towing vehicles could poorly reflect on the Commission and Marina Jack. Mr. Soran agreed; and stated that customers will not return if the bousiness tows their vehicles. Mayor Martin stated that Mr. Soran is clearly sensitive to his concern; that the wayfaring and signage component should be included and must be specific sO people fully understand which parking spaces belong to Marina Jack; that signage should be clear for special events held at Island Park; that signage must be addressed. Mr. Franklin stated that the point regarding signage is excellent; that the public parking spaces are full on Arts Day; that the restaurant opens at 11:00 a.m., and no parking is available; that signage, barricades or semi-gates should be used. Mayor Martin stated that Marina Jack should address the issue of temporary signage regarding events through the City's permitting process. Mr. Soran stated that attractive signs with blue dolphins will be displayed for the Marina Jack valet parking spaces. Commissioner Palmer stated that Arts Day as well as the Holocaust Museum exhibition are upcoming; that Arts Day is being held on January 15, 2005; that the concern is the number of people visiting during a five week period; that parking will be required for the additional traffic; and asked the time frame to initialize the parking arrangement? Mr. Soran stated that during December 2004, Marina Jack ran out of available parking; that parking was not available for any Marina Jack customers during certain days. Commissioner Palmer stated that the Commission must be sensitive to the needs of Marina Jack; however, the community needs are also important; that the parking spaces provided to Marina Jack should be made available to the public if not being used. Mr. Soran stated that the public will require the parking spaces at the same time as Marina Jack. Commissioner Palmer stated that the situation depends on if a competition for the parking spaces exists. Mr. Soran stated that during the week, people cannot park in the grass by the 90 parking spaces, a restriction which is believed based on a City ordinance; that perhaps the restriction could be lifted for special events or festivals, particularly during the CoExistence Exhibition; that people receive tickets for parking on the grass during the week but can park on the grass on the weekend. Commissioner Palmer stated that the issue should be referred to the Administration. Mayor Martin agreed; and stated that removing the restriction to park on the grass during special events should be addressed by the Administration as well as the issue concerning signage to BOOK 58 Page 29522 01/03/05 2:30 P.M. BOOK 58 Page 29523 01/03/05 2:30 P.M. the special event; that the Administration should provide recommendations. Mr. Franklin stated that people are allowed to park on the grass at Ken Thompson Park during a boat show and other events. Commissioner Palmer stated that the restriction could be lifted temporarily. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the Zoning Code (2002 Ed.) allows excess parking on grass; that parking on grass during special events should be monitored and appropriately implemented; that something could be done legally for special events. Mayor Martin stated that the consensus heard from the Commission is to identify a method to make parking during events work in the most generous manner possible. Vice Mayor Servian stated that signage during special events should also be addressed. Mayor Martin agreed; and stated that the possibility of temporary signage to direct people to an event should also be addressed. Mr. Litchet stated that temporary signage for directional parking is not a problem under the Zoning Code (2002 Ed.); that a special permit is not required. Mayor Martin stated that Commissioner Atkin's concern regarding establishment of a ceiling on the number of parking spaces which can be modified aministratively is understood; that he is a steward of public space; that the partnership between the City and Marina Jack is respected; that Marina Jack's activities on the Bayfront are supported; that the improvements made are appreciated; that the Bayfront should always be open for people and for occasional special events; that establishing some sort of ceiling on the number of parking spaces is necessary sO the other users of the large public space will have the area available; that the situation must be viewed 50 years in the future. Mr. Franklin stated that Marina Jack does not desire to come before the Commission to allocate only six or seven parking spaces; that Marina Jack has respect for the Bayfront and the manner in which the business operates; that Marina Jack has been forthcoming in every discussion held with the Administration; that Marina Jack would not seek to rise to the ceiling of 175 parking spaces if established, without strong justification; that the Administration would not allow the situation to occur; that the intent is for being reasonable and forthcoming; that Marina Jack will come back before the Commission if required; that Marina Jack has nothing to hide. City Manager McNees stated that micromanaging is not necessary; that he and Mr. Schneider are also stewards of the public; that he and Mr. Schneider do not work for Mr. Soran or Marina Jack; that work is conducted for the citizens and the Commission; that the Administration's job is to represent the citizens and the Commission's interest first; that in the event poor judgment was used and the Administration allocated, for instance, 365 parking spaces to Marina Jack, the expectation would be to receive an immediate response from the Commission; that the situation is unusual since special events are held at the Bayfront; that responding in an expedient manner is necessaryi that setting a ceiling is not necessary but is supported if providing the Commission with a level of comfort; that the Administration is more likely to "hold the line" than the Commission. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to authorize: 1) 82 parking spaces at the Bayfront parking area be dedicated to Marina Jack for the use of their customers and 2) the City Manager to determine modification of the Bayfront Parking Plan administratively up to 175 parking spaces. Commissioner Palmer stated that the Commission has a responsibility to ensure the partnership with Marina Jack works but also has a responsibility to the public which is being affirmed at this time by placing a ceiling on the number of parking spaces which can be modified administratively. Mr. Schneider stated that Staff would like to provide some additional information regarding the grass area. Commissioner Atkins stated that establishing a maximum ceiling is a concerni and asked if the Administration will be able to administratively approve modifications up to 175 parking spaces at this time? Vice Mayor Servian stated no. BOOK 58 Page 29524 01/03/05 2:30 P.M. BOOK 58 Page 29525 01/03/05 2:30 P.M. Commissioner Palmer agreed. Commissioner Atkins disagreed; and stated that the motion indicates the Administration will be able to approve modifications up to 175 parking spaces. Mayor Martin stated that the Administration's original recommendation is to have the ability to determine future modifications of the Bayfront Parking Plan administratively up to 398 parking spaces. Commissioner Atkins stated that the issue is becoming confused; that the motion is clear; that the Administration has the right to administratively approve modifications of up to 175 parking spaces without the Commission's approval; that another issue exists if a ceiling is not established since the City Manager can administratively approve modifications of up to 398 parking spaces; that the appearance is the intent of the motion is to allow administrative approval of modifications of up to 175 parking spaces without the Commission's approval which will begin immediately upon approval; that the belief is a masquerade is taking place. Mayor Martin stated that he was attentive to the point; that his understanding is the authorization would allow the City Manager to approve up to the 398 parking spaces; that the City Manager would likely interpret the recommendation in the same manner, which has been evidenced by the City Manager's comments at the table. Commissioner Atkins stated that the Administration's original recommendation allowed the City Manager to use common sense; that the Commission has complicated the issue by establishing a ceiling of 175 parking spaces. Commissioner Bilyeu stated that the concerns raised by Commissioner Atkins are shared; that Marina Jack should have the proper amount of parking; that establishing a ceiling was not desired; that the belief was the Commission would authorize the 82 parking spaces but would not authorize the City Manager to make any changes beyond the 82 parking spaces without coming back before the Commission. Vice Mayor Servian stated that the Commission is authorizing the initial 82 parking spaces; that over time, as things evolve at the Bayfront, Marina Jack will come to the Administration if allocation of parking spaces requires change; that the changes can be performed dministratively up to a maximum of 175 parking spaces; that the changes could take years and could be made to the entire 398 parking spaces without requiring Commission approval if the Commission authorized the 82 parking spaces at this time and authorized the Administration to make changes without establishing a ceiling; that once the threshold of 175 parking spaces is reached, the modification would have to come back to the Commission and be discussed publicly; that a good argument to extend any additional parking would be necessary; that micromanaging the Bayfront Parking Plan is not the desire and is the reason the Administration should determine future modifications; that micromanaging the Bayfront Parking Plan is not the role of the Commission; that the Commission has more important issues to resolve than determining if Marina Jack should have two, five, or nine more parking spaces, which was the intent of the motion. Commissioner Bilyeu stated that micromanaging is not supported; that the Commission is allocating a specific number of spaces to Marina Jack; that Marina Jack can allocate the parking spaces as deemed appropriate; that Marina Jack can just as well be provided 175 parking spaces; that Marina Jack can use 175 parking spaces; that the City has been making additions to the Bayfront Park, which brings in more traffic. City Manager McNees stated that a fundamental issue is being missed; that some Commissioners are looking at the issue of the number of parking spaces which would be dedicated to Marina Jack; that a number of issues actually exist; that the key on the parking diagram provides detail indicating which parking spaces can be used for overnight parking or are restricted for specific hours, etc.; that the parking diagram indicates parking spaces with six different criteria; that the issue does not only concern the public parking spaces and the parking spaces which Marina Jack would control; that having the administrative flexibility to modify the plan was intended to allow moving the parking spaces around to achieve the best result; that the idea of the Administration providing another 100 parking spaces solely dedicated to the Marina Jack restaurant is inconceivable; that no reasonable argument for providing 100 parking spaces can be imagined since the ability to park for The stelgerwaldt/lockey Fountain, also called the children's fountain and other features on the Bayfront would be affected; that establishing a ceiling of 175 parking spaces is fine; that having the flexibility to modify the parking spaces as special events come forward is most important. BOOK 58 Page 29526 01/03/05 2:30 P.M. BOOK 58 Page 29527 01/03/05 2:30 P.M. Mayor Martin stated that the motion, as stated, provides the Administration with the necessary flexibility. City Manager McNees agreed. Mayor Martin called for a vote on the motion to authorize: 1) 82 parking spaces at the Bayfront parking area be dedicated to Marina Jack for the use of their customers and 2) the City Manager to determine modification of the Bayfront Parking Plan administratively up to 175 parking spaces. Motion carried (4 to 1): Atkins, no; Bilyeu, yes; Martin, yesi Servian, yes; Palmer, yes. Vice Mayor Servian stated that a couple of issues which require discussion and perhaps some action on the part of the Commission arose in the preliminary discussion; that one issue concerned consolidating the two leases of Marina Jack and O'Leary's; that a single person is controlling the two leases sO consolidating the two leases makes sense; that a single consolidated lease would be easier for the Administration to manage. Mr. Schneider stated that the leases can be managed either wayi that the leases can be consolidated if the Commission prefers. Vice Mayor Servian stated that dealing with the issue at one time is preferred. Mayor Martin stated that the Administration can provide the Commission with a recommendation regarding consolidation of the leases; that some issues may exist which the Commission has not considered. City Manager McNees stated that the question is if the Administration can negotiate a new master lease to which the two parties can agree; that clearly, a significant number of changes to the terms will be necessary; that Mr. Soran will likely have modifications and has indicated some plans which could change the nature of the relationship; that making an effort to consolidate the leases is supported; however, whether the leases can be consolidated remains to be seen. Mayor Martin stated that if consolidating the leases is in the best interest going forward can be determined but may not be necessary to address at this time. City Manager McNees stated that if consolidating the leases is in the best interest going forward cannot be determined unless the issue is researched and discussions are held. Commissioner Palmer stated that the Administration should review the issue and provide a recommendation. Mr. Franklin stated that the suggestion was only to have the ability to discuss the issue with Staff; that consolidating the two leases was an idea; that reasons may exist not to consolidate the two leases at this time. Commissioner Palmer stated that the issue should be referred to the Administration. Vice Mayor Servian and Commissioner Bilyeu agreed. Vice Mayor Servian stated that another issue concerns the additional 90 parking spaces in the grass area which Staff can address. Dennis Daughters, Director of Engineering/City Engineer, referred to the parking diagram displayed on the Chamber monitors; and stated that the grass area is at the northern end of the site; that all the property west or southwest of Gulf Stream Avenue is owned by the State; that the City has a lease with the State for some of the property under the control of the Board of Trustees of the Internal Improvement Trust Fund, which is the Governor and his cabinet; that the City has certain lease areas with the Board of Trustees; that the grass area is not included; that the City currently has no control over the grass area; that a lease amendment to increase the area to include the grass area would be necessary if parking or any kind of facility were contemplated sO the City could have control of the area. Mayor Martin asked if the lease was negotiated during the redevelopment of the Bayfront years ago? Mr. Daughters stated no; that the water portion of the lease, some of which was through Marina Jack, was negotiated. Mayor Martin stated that the parking lot was reconstructed; that new landscaping was added. Mr. Daughters stated that the improvements were done without specific permission and are not within the lease area. BOOK 58 Page 29528 01/03/05 2:30 P.M. BOOK 58 Page 29529 01/03/05 2:30 P.M. Vice Mayor Servian stated that the issue should be referred to the Administration; that the Bayfront is being used more intensively as time goes on; that adding additional parking in the area will be necessary in the future, if possible; that the Administration can meet with Staff and report back. City Manager McNees stated that preliminary discussions have taken place regarding the issue. Mayor Martin stated that the Administration should proceed with assessing the issue and move forward as necessaryi; that the efforts of the Administration are appreciated. Vice Mayor Servian stated that she had no idea the Administration was already addressing the issue; that the issue was raised to ensure the City is moving forward. Mayor Martin stated that the discussion has been helpful to everyone. 9. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SARASOTA AND REGINALD WILLIAMS FOR THE ACQUISITION OF PROPERTY FOR THE EXPANSION OF FREDD "GLOSSIE" ATKINS PARK APPROVED (AGENDA ITEM VI-2) CD 3:41 through 3:43 Mayor Martin stated that the item is to authorize the Mayor and City Auditor and Clerk to execute the Purchase and Sale Agreement between the City and Reginald Williams for the acquisition of property for the expansion of Fredd "Glossie" Atkins Park. City Manager McNees stated that between $10,000 and $20,000 worth of City liens have been imposed on the propertyi that some of the liens will be covered within the scope of the funds being allocated for the project; however, the funds are not adequate to cover all the liens; that in approving the Purchase and Sale Agreement, the Commission is, by default, agreeing to approximately $2,800 of lien forgiveness; that the intent was to make the Commission aware prior to approval of the Purchase and Sale Agreement; that more detail can be provided if necessary. Commissioner Palmer stated that moving forward quickly is desired. On motion of Commissioner Atkins and second of Commissioner Palmer, it was moved to approve the Purchase and Sales Agreement with Reginald Williams to purchase one parcel of property located at 2500 Pershing Avenue. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 10. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 3:43 There was no one signed up to speak. 11. COMMISSION BOARD AND COMMITTEE REPORTS DIRECTED THE ADMINISTRATION TO BRING BACK A REPORT OUTLINING THE PARAMETERS, TIME LINE AND THE PATH GOING FORWARD REGARDING ENHANCED CODE ENFORCEMENT OF THE SARASOTA HOUSING AUTHORITY PUBLIC HOUSING FACILITIES (AGENDA ITEM IX) CD 3:43 through 4:22 VICE MAYOR SERVIAN: A. stated that some of the investors of the Economic Development Corporation of Sarasota County (EDC) provided an update; that the EDC has exceeded its goal of bringing investors on line; that Kathy Baylis, President, EDC, and her Staff are commended for outstanding efforts; that an editorial by Craig Colburn, Jr., Attorney, Norton, Hammersley, Lopez and Skokos, PA, in the January 2005 SRQ Magazine was read; that a statement was included which criticized the Commission for not understanding the EDC and its goals; that the indication was the Commission was more attuned to harkening back to a slower, more tourism- based and retirement-centered business climate, to which she took great offense; that she has served on the EDC for three years; that the Commission puts forth significant effort to forward the guidelines and recommendations of the EDC; that the negative comments are disturbing. B. stated that the Sarasota Housing Authority (SHA) Board of Directors held a meeting on December 22, 2004; that the meeting was lengthy and extended until 8:30 p.m.i that a couple of significant issues were raised; that a decision was made to make no decision regarding the BOOK 58 Page 29530 01/03/05 2:30 P.M. BOOK 58 Page 29531 01/03/05 2:30 P.M. application for the Housing Opportunities for Everyone (HOPE) VI grant; that Pennrose, the developer chosen for the revitalization, had come forward at a previous meeting and indicated a willingness to prepare the application at no charge; that the SHA Board made the decision not to have Pennrose prepare the HOPE VI grant application; that she asked the SHA Board the reason for not moving forward; that the SHA Board clearly indicated the belief the County was not providing support to move forward with the HOPE VI grant application; that the County did not believe the SHA should be diverting attention from moving forward toward a coalition of the City, the SHA and the County; that the SHA was led to believe the HOPE VI grant would never be received since the SHA is a troubled agencyi that the decision was made not to move forward; that the SHA is prepared to hold an emergency session if the situation changes and the agreement to the Memorandum of Understanding is reached by the City, County and SHA; that no will existed on the part of the SHA Board to move forward and apply for the HOPE VI granti that only six grants are available nationally in 2005; that the expectation is approximately 15 applications will be submitted; that at least two applications are coming from public housing authorities which have already cleared land; that the two public housing authorities have already received demolition permits and will likely receive the HOPE VI grant which leaves four grants remaining. Mayor Martin stated that Vice Mayor Servian is indicating both surprise the SHA Board would not move forward with the HOPE VI grant application but also an understanding as to the common sense of the argument not to apply for the HOPE VI grant. Vice Mayor Servian stated that Pennrose has indicated the willingness to prepare the HOPE VI grant application at no charge; that no time, energy, or effort will be expended on the part of the SHA; that understanding the reason the SHA would not allow someone to prepare the HOPE VI grant application at no charge is difficult; that apparently the SHA is receiving pressure from outside the agency not to apply for the HOPE VI grant; that neither she nor the Commission has any control over the decision. Mayor Martin stated that mixed signals are likely the issue which is the reason the City, County and the SHA must meet. Vice Mayor Servian stated that the silence was overwhelming the moment after she asked the reason the SHA was not applying for the HOPE VI grant. Mayor Martin asked if the SHA Board voted unanimously regarding the decision not to apply for the HOPE VI grant? Vice Mayor Servian stated that Chair Campbell indicated the subject was raised at the end of the SHA Board's November 2004 meeting; that Chair Campbell indicated he looked around at the other members of the SHA Board and no one made a motion to move forward; that Chair Campbell indicated he was still waiting for someone to make a motion to move forward; that nothing happened. Commissioner Palmer asked if the two new members of the SHA Board attended the meeting? Vice Mayor Servian stated that Duane Finger attended the meeting; that a couple of other members were absent; that the SHA Board indicated concern the County is placing negative pressure on the SHA not to apply for the HOPE VI grant; that pressure from the County is the reason for not moving forward; that the appearance is the SHA Board is sitting back and waiting for someone to provide direction. Commissioner Atkins stated that the County, through the County Administrator, decided Pennrose represented the best possibility the SHA would be awarded the HOPE VI grant; that the County is basically telling the SHA not to use Pennrose; that something is not right; that the County should hold discussions with the people who are intimately involved with the process; that the City has SHA public housing residents living in deplorable housing; that the Commission cannot inform the SHA residents if anything is being done, which is a personal concerni that the time has come for the Commission to approve his position of the past two years, which is to move toward condemnation; that the public housing should be torn down or an explanation provided to the residents as to the reason for the continued deplorable conditions; that the City can move forward without the County. Mayor Martin stated that the County certainly can and is willing to bring significant resources; that the reason for the mixed signals is not understood; that he agrees mixed signals exist; that he will be attending a meeting the afternoon of January 4, 2005, with the Sarasota Board of County Commissioners (BCC) Chair, the County Administrator, the City Manager, the Chair of the SHA Board, and Rudy Vazmina, Executive Director, SHA, to develop the BOOK 58 Page 29532 01/03/05 2:30 P.M. BOOK 58 Page 29533 01/03/05 2:30 P.M. Memorandum of Understanding; that everyone is interested in being part of the solution; that clearly inertia still exists; that the SHA does not appear to understand the manner in which to move forward. Commissioner Palmer stated that in the last four Commission meetings, the Commission has discussed the situation and the level of frustration being experienced; that the hope is something positive will develop as a result of the meeting between the County, the City and the SHA; that the Commission has not been kept informed; that the Commission has requested a joint meeting with the SHA for the last two to three months; that the joint meeting is being scheduled later in January 2005; however, an opportunity to formally discuss the HOPE VI grant will not be available until the joint meeting, which will be too late; that good rationale may exist not to move forward with the HOPE VI grant; however, Pennrose indicated the willingness to move the HOPE VI grant application forward; that the HOPE VI grant application was good last time; however, pieces were missing; that the missing pieces are known; that correcting the information is all which is necessaryi that beginning the process over is not necessary; that information is not being received which is the reason for the level of frustration; that as a Commissioner, she has no real knowledge of the issues concerning the application for the HOPE VI grant; that an editorial in the December 30, 2004, edition of the Pelican Press criticized the Commission; that the January 1, 2005, editorial in the Herald-Tribune, entitled "Best- laid Plans" indicated: The City of Sarasota should mal ke a commitment to working with the SHA to dramatically change conditions in public housing, with or without federal aid. Commissioner Palmer stated that the Commission is restricted which everyone must understand; however, the Commission needs information; that not receiving additional information causes irritation and frustration; that Vice Mayor Servian is the Commission's liaison to the SHA and has done an excellent job; that the rest of the Commission receives no additional information other than the reports received from Vice Mayor Servian; that the intent is not to denigrate Vice Mayor Servian's involvement with the SHA; that the concern is the rest of the Commission should be actively involved in the conversation. Mayor Martin stated that the Commission will be provided a quick update or a report after the meeting to discuss the Memorandum of Understanding; that the SHA Board, if called upon or depending on the outcome of the meeting to discuss the Memorandum of Understanding, is willing to call an emergency meeting to move forward if provided some sense of assurance or support; that the Commission's concern will be raised at the meeting. Vice Mayor Servian stated that the SHA Board meetings are extremely frustrating during times in which nothing happens at the table; that she is waiting and hoping for action; that her role as the liaison was not understood; that she was not certain if she was allowed to actively engage the SHA Board in discussion; that her own path has been cut; that she interjects into every one of the SHA Board's conversations if the issues require protection of the City's interests; that the issue regarding the HOPE VI grant application was not raised at the meeting; that she remained at the meeting until 8:30 p.m. sO she could speak under the Agenda items for Commissioner Comments or Comments from the Public; that she begged the SHA Board to provide a reason for not making the application to the HOPE VI grant; that the SHA Board was requested to indicate any action toward moving forward; that the SHA Board indicated application has been made for the demolition permit; that everyone knows application has been made for the demolition permit; that no communication has taken place with the SHA residents; that the residents are not informed of anything; that the residents have not been asked to participate in the demolition permit request; that the understanding is the rules have changed and the residents' permission to apply for a demolition permit is no longer required; that no one communicated the change in the rules to the residents; that the feeling of the residents is of being deliberately shut out of the process; that no one thought to inform the residents of the fact the requirement had changed. Vice Mayor Servian continued that she left the meeting in complete and total frustration; that the next day, she called the County Administrator to ascertain if the County was applying pressure on the SHA not to apply for the HOPE VI grant; that the County Administrator indicated pressure was being applied to the SHA to not apply for the HOPE VI grant; that the reason the County did not desire the SHA to apply for the HOPE VI grant is the application will be a distraction from moving forward with demolition, acquiring vouchers and moving residents; that the County has hired an individual who has performed research in Washington, DC, and was informed the SHA will not receive a HOPE VI grant due to being on the troubled list. Vice Mayor Servian further stated that during the course of the conversation, William Merrill, III, Attorney, and James Aker, BOOK 58 Page 29534 01/03/05 2:30 P.M. BOOK 58 Page 29535 01/03/05 2:30 P.M. Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., came forward; that the SHA Board has decided to move forward and issue a demand letter to Perkins Eastman, who prepared the last HOPE VI grant application, demanding back approximately the $260,000 which has been paid; that an additional $67,000 is outstanding; that Perkins Eastman will be made aware the SHA has no intention of paying the remainder of the bill; that Jack Johnson was the subcontractor for Perkins Eastman and had the responsibility of performing the property acquisitions; that Mr. Johnson was responsible for ensuring the contracts were in place and appropriately executed, which did not take place; that no authorization was given to file a lawsuit, but only to issue a demand letter; that Mr. Vazmina will work with Attorney Merrill and the Office of Housing and Urban Development (HUD) in Miami, Florida, to receive permission, if needed, to move forward and file a lawsuit; that filing a lawsuit would cost the SHA approximately $100,000 to pursue receiving $260,000 back from Perkins Eastman. Vice Mayor Servian stated further that Attorney Merrill came before the SHA Board and indicated the City was in the process of mandatory rezonings to implement the City of Sarasota Downtown Code (Downtown Code); that McCown Towers is within the area designated for rezoning; that the SHA would be precluded from ever being able to rebuild the multi-family structure or group housing if the City moved forward; that once recognized, she came forward and pointed out the section of the Zoning Code (2002 Ed.) which indicates the allowance of two years with an extension of an additional year to rebuild, if something occurred causing McCown Towers to collapse; that the SHA indicated opposition to the Downtown rezoning processi that the SHA is requesting help from the City but at the same time is opposing the City's moving forward with the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan). Mayor Martin extended thanks to Vice Mayor Servian for serving as the liaison to the SHA Board; and stated that the times are challenging. Commissioner Bilyeu stated that a question is if the City has provided relief through Code Enforcement, especially concerning pest control; that another question is if his neighbor does not have pest control service and the house has roaches if therefore his entire neighborhood is infested with roaches; that the issue concerning raw sewage at the SHA public housing facilities is also a concern; that any other resident would be required to fix a leaky sewage pipe; that information concerning if the problems related to raw sewage and pest control have been brought into compliance would be appreciated; that the Commission has the responsibility to ensure the SHA Board follows through with Code Enforcement issues such as pest control and leaking sewagei and asked if the SHA public housing facilities are now in compliance with previous violations? City Manager McNees stated that information regarding specific violations cannot be provided at this time; however, answers can be provided; that prior to the present Commission being seated, a workshop was conducted specifically regarding the issue of Code Enforcement and the SHA; that the Director of Building, Zoning, and Code Enforcement explained the approach at the time, which is to work as much as possible with the maintenance staff and Mr. Vazmina by providing information concerning reported violations and addressing potential problems with maintenance staff; that the intent is to work in the spirit of trying to help the SHA solve the problems if possible rather than addressing the problems from an enforcement perspective; that an endless cycle is created if problems are found and money is not available to repair the problems; that the SHA will be spending money on fines rather than using the money to repair the problems; that the Commission may or may not be willing to continue with the approach; that Commissioner Atkins mentioned the desire for being more enforcement oriented and to move toward condemnation if appropriate; that a fundamental issue exists regarding the Commission's desire for the role of the Code Enforcement Department; that the Administration can bring back a report outlining the manner in which the problem can be addressed more aggressively. Commissioner Bilyeu stated that the City should help all its customers complyi that code compliance is conducted through enforcement; that another method must be identified if code compliance is not conducted through enforcement; that the hope is the raw sewage problem has been addressed; that if not, the problem is serious; that nothing is getting done; that a power play involving the County, the SHA or the City will not get the job done; that people are living in deplorable conditions; that the media is constantly raising the issue; that a problem occurring a year ago is not the concern; that the City should be ashamed if the problem has not been fixed in a yeari that the City must not allow people to live in deplorable conditions; and asked if the City's Code Enforcement Department is assisting the SHA residents. BOOK 58 Page 29536 01/03/05 2:30 P.M. BOOK 58 Page 29537 01/03/05 2:30 P.M. City Manager McNees stated that the Code Enforcement Department works closely with the SHA maintenance staff; that a specific instance of raw sewage would likely have been addressed by now; that Staff will verify if the issue has been resolved; that typically, complaints are not received by the Code Enforcement Department; that complaints are received by SHA staff directly; that SHA staff resolves the issues; that the Code Enforcement Department works with SHA maintenance staff to reach compliance; that the City would not allow a problem to continue unaddressed. Mayor Martin stated that the Commission will continue to address the problem which has been made Clear. Commissioner Palmer stated that the efficiency of the Commission is being questioned; that the Commission has discussed the problem for 45 minutes at the current meeting; that the Commission has discussed the issue at every meeting for the last four to five weeks; that progress is not being made; that the City may have to draw a line in the sand; that Commissioner Atkins has been discussing enforcing code regulations for some time; that a few years ago, the Commission at the time decided to avoid being strict regarding Code Entorcement due to the costs involved with fines; that the SHA would have to use funds to pay fines rather than to fix the problems; that the SHA has spent a significant amount of money on contracts for purchase of land contingent upon receiving the HOPE VI grant, which fell through; that the SHA is still responsible for the contracts; that money was expended which should have been used to repair the SHA housing units and to make the units livable; that she believes the City should enforce its regulations at this point; that the SHA is not able to pay the fines; that the SHA is already experiencing financial difficulties; that a point may come in which the SHA will have to declare fiscal failure or bankruptcy; that the City will then have to research a way to work with HUD to attempt to take over the SHA; that taking over the responsibility of the SHA does not create enthusiasm since the task is immense; that the City's hands are tied at this point; that the level of frustration continues to grow; that the Commission may have to consider taking over responsibility of the SHA; that little change in the future of the SHA is anticipated unless the future is changed by the City. Vice Mayor Servian stated that another hour could be spent on the subject; that the issue is complex and involves a multitude of problems; that the SHA is a Federal agency which is being operated under Federal regulations; that the City has only one tool at its disposal which is Code Enforcement and the ability through the Mayor to appoint members of the SHA Board. Mayor Martin stated that the Commission also has the ability to remove SHA Board members. Vice Mayor Servian stated that her understanding of the Commission's ability to remove SHA Board members is a certain level of malfeasance or misfeasance must be proven; that the SHA Board has not done an appropriate job; that the SHA Board is not being honest and true to the residents of the SHA; that the legalities concerning removal of members of the SHA Board are not known; that the Commission does not have the authority to remove the Executive Director of the SHA; that the public has been demanding removal of the Executive Director of the SHA; that the public does not understand the intricacies of a housing authority; that the public believes the Commission has the authority to hire or fire Mr. Vazmina, which the Commission does not; that the citizens believe the Commission has the ability to take over the SHA, which the Commission does not; that HUD does not desire to take over the SHA; that HUD has clearly indicated receivership of the SHA is not the desire, even considering the SHA is on the troubled list; that the SHA's accountant has sworn the SHA is not in the financial condition indicated by HUD and can provide proof; that the SHA accountant believes the SHA is being singled out regarding petty issues; however, the SHA is certainly in financial difficulty. Vice Mayor Servian continued that the SHA has laid-off maintenance employees; that maintenance responses according to monthly reports appear fine; however, the situation could be different than indicated in the monthly reports; that discussions have occurred with the SHA residents; that some of the SHA residents indicate problems are being addressed; that other SHA residents indicate problems are not being addressed; that the City does not have a way to objectively evaluate the situation with the SHA public housing facilities; that the SHA Board members are not visiting with the residents, viewing the properties, or making determinations; that at least two SHA Board members came to the table with packets still in the envelope, opened the packets at the table, and had never reviewed one document; that decisions were being made based on documents which were never read; that the situation causes a great deal of concern; that the issue concerning the SHA requires considerably more time to discuss. Mayor Martin stated that the Commission has covered a considerable amount of the issue in the time available, which is appreciated; BOOK 58 Page 29538 01/03/05 2:30 P.M. BOOK 58 Page 29539 01/03/05 2:30 P.M. that having the conversation is helpful; that the tenor of the discussion will be brought to the January 4, 2005, meeting regarding the Memorandum of Understanding; that a joint meeting with the SHA is hopefully scheduled for January 21, 2005; that the Commission has identified many concerns regarding the SHA and the SHA Board. City Manager McNees asked if the Commission desires the Administration to bring back a report regarding enhanced Code Enforcement of the SHA facilities? Mayor Martin stated yes; that hearing no objections, the Commission's consensus is for the Administration to bring back a report outlining the parameters, time line and the path going forward regarding enhanced Code Enforcement of the SHA public housing facilities. COMMISSIONER ATKINS: A. stated that meetings of the Tourist Development Council and the Tourism Economic Development Board (TEDB) were held; that a package is available in the Commission Office for the Commission's review; that he does not have much to report at this time. Mayor Martin stated that the package included an analysis concerning the Conference Center presented by the County, which was somewhat interesting. Commissioner Palmer stated that she attended the TDC presentation as well; that she took notes regarding the Conference Center report which are also available in the Commission Office; that individual Commissioners are encouraged to review the report since the City will be impacted in the future; that everyone should be aware of the County's response regarding the Conference Center. COMMISSIONER PALMER: A. stated that Mayor Martin, at the December 13, 2004, Regular Commission meeting, which she left early, distributed articles from the March/April 2004 issue of Quality Cities which were received at a recent conference; that the articles concerned mentoring in Florida's cities and building successful advisory boards; that the information was extremely informative; that the manner in which the City works with its advisory boards is superior to other communities; that many comments were heard at the conference from other cities' boards and committees indicating relationships with city commissions were lacking or nonexistent; that the Commission has been dealing with the issue for quite some time; that a recommendation at the conference was a Commission liaison could be appointed to each major board; that Vice Mayor Servian is the liaison to the SHA; that she has been the liaison to the Pension Boards; that perhaps a Commission liaison should be designated to other City boards; that the liaison would not have to attend every meeting; that the Commission liaison could occasionally attend a board meeting and be a contact for the board members; that the Commission liaison could report back any problems or concerns of the board members to the Commission; that having a Commission liaison appointed to City boards would avoid frustration; that having an annual meeting with the City's boards has also been discussed; that a self- evaluation of the activities of the board for a particular year to determine the success of the board was also suggested at the conference; that presenting the Commission with a proposed work program for the next fiscal year was also suggested; that City boards propose a yearly work program to a degree; however, the work program may not be presented timely enough for the next fiscal year budget; that the Commission will be èvaluating the City's Strategic Plan in February 2005; that the needs of the City's advisory boards could be addressed at the time; that the issue of the Commission's relationship with City advisory boards should be placed on an Agenda at some point. Mayor Martin stated that placing the item on an Agenda for discussion is fine; that the City's advisory boards provide information in the form of an annual report; that the Commission has previously discussed standardizing the annual reports for all the advisory boards; that the hope is to have standard annual reports for 2005; that the Commission discussed having the annual reports at an appropriate time to coincide with the strategic planning and budgeting processi that the self-evaluation and the work program for the next fiscal year should be included but more specifically defined; and asked if the desire is to Agenda the item regarding discussion of advisory boards and other issues? BOOK 58 Page 29540 01/03/05 2:30 P.M. BOOK 58 Page 29541 01/03/05 2:30 P.M. Commissioner Palmer stated that the discussion should be on the Agenda of an afternoon session of a Regular Commission meeting sO sufficient time for discussion is available. 12. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA DIRECTED THE ADMINISTRATION TO BRING BACK A LEASE AMENDMENT AT THE JANUARY 18, 2005, REGULAR COMMISSION MEETING TO ALLOW FOR THE SALE OF ITEMS AT THE PORTABLE INFORMATION BOOTH AT THE "EMBRACING OUR DIFFERENCES" ART EXHIBITION (AGENDA ITEM X) CD 4:22 through 4:39 VICE MAYOR SERVIAN: A. stated that the Public Works Department and others involved are commended for the rapid response for the cleanup after the December 25, 2004, Christmas storm; that the event was amazing; that the weather report was heard just prior to going to sleep for the evening sO high winds were expected; however, the winds were higher than anticipated; that boats were blown off moorings; that significant beach erosion took place; that shell was blown from parking areas and trees were blown down; that within 24 hours, trees were standing back up, which was over the Christmas weekend; that early Monday morning, City employees were righting trees; that thanks are expressed for the hard work. B. stated that the City has a large number of streetlights out; that a significant number of streetlights are out on Cocoanut Avenue; that almost all the lights on the western side of the John Ringling Causeway Bridge heading toward the barrier islands are out; that a number of streetlights are out on Main Street; that people should feel safe to walk, especially during the busy tourist season; that the reason the streetlights are out could be due to construction. Mayor Martin stated that no one is assigned to a bi-weekly night cruise to determine if streetlights are out sO he performs the job. Vice Mayor Servian stated that she also monitors the streetlight situation. COMMISSIONER ATKINS: A. stated that Comcast Communications has an agreement with the Cityi that Comcast is running behind regarding delivery of service in certain areas of District 1; that the first six channels on the television have snowy reception; that the high speed internet system is not available on the channels; that the channels have snowy reception due to a low grade of input into the fiber optics at that level, which is the reason the high speed internet system will not work; that Comcast is negligent in the delivery of services to all the citizens of the City; that the situation must be addressed. B. stated that the ice cream trucks are a concern; that if permission has been provided for ice cream trucks to come into the neighborhoods is not known; that the ice cream trucks have begun to appear in the neighborhoods; that the situation regarding the ice cream trucks must be addressed. C. stated that water pressure on Dr. Martin Luther King Jr. Way, is nonexistent. City Manager McNees asked if the problem occurred only once or if the problem is ongoing? Commissioner Atkins stated that low water pressure has been an ongoing problem; however, the problem was significantly worse today. D. stated that the average household income in the Newtown community which was recently published in the newspaper may have been a shock to the Commission; however, he lives in Newtown; that the situation is real and is the reason helping a community which is in no position to receive is sO difficult; that the Commission must bring as much as possible to the community and provide assistance to the citizens to overcome poverty rather than allow investors to buy out the community; that the hope is the Commission considers providing the citizens of Newtown an opportunity to survive a major responsibility, that the hope is the citizens of Newtown will have a chance to survive in 2005. BOOK 58 Page 29542 01/03/05 2:30 P.M. BOOK 58 Page 29543 01/03/05 2:30 P.M. COMMISSIONER PALMER: A. stated that the opening of the Lido Pool is forthcoming; that an exact date for the opening has not been established; that the celebration will be major; that she requested William Hallisey, Director of Public Works, to allow her to teach a water aerobics Class for the opening; that everyone is invited to participate. B. stated that the Barrier Islands Chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), was discussed at the December 13, 2004, Regular meeting, which she left early; that a concern was raised regarding the status; that the Administration was to research the status; that the Barrier Islands Chapter of the City's Comprehensive Plan should be addressed and perhaps be part of the upcoming discussion regarding the Strategic Plan. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to extend the afternoon session beyond 4:30 p.m. through to completion of the Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. MAYOR MARTIN: A. stated that he recently visited the Newtown Redevelopment Office; that a significant amount of information was learned; that a number of merchants have come together; that reports are not received regarding the activities; that a presentation by the Newtown Redevelopment Office was planned; and asked the status of the meeting? City Auditor and Clerk Robinson stated that a meeting was scheduled; however, John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department, had some personal problems sO the meeting is being rescheduled for some time in January 2005. B. stated that the opening of the CoExistence exhibit is January 30, 2005; that Sergey Yurevich Skuratov, the official photographer for the Sister City of Vladimir, Russia, submitted a piece which was accepted; that Mr. Skuratov's work will be one of the 39 pieces at the exhibit; that an invitation has been sent to Mr. Skuratov and his wife, Natalia Zhigalova, to attend the CoExistence opening; that Sister Cities is working on a home stay, meals and trips to the City's facilities such as Mote Marine Laboratory and Aquarium, etc. C. stated that the Commissioners received a copy of a December 27, 2004, letter, to Vice Mayor Servian from Richard Bergman, Director, Sarasota-Manatee Arch Family Holocaust Education Center, regarding a request to set up a portable information booth at the Embracing Our Differences art exhibition which will be held at Island Park in February 2005; that the portable information booth would be available daily from 10:00 a.m. to 5:00 p.m.; that the collapsible booth is 8 by 8 feet with two tables and chairs for the attendants and will be located on the grass area just southeast of the swing near the entrance; that the booth will be taken down and stored each day during the month of February 2005; that the booth also provides a meeting place for teachers and students who attend the exhibition on field trips; that in addition, the request is to have a few small, non- food items for sale such as mementos for visitors to purchase to provide a reminder of the experience and to pass on to others; that the items will include a catalog with all of the artwork and quotations, a small variety of tee. shirts, and miscellaneous other items which will all depict the artwork or the theme of the artwork; that items were sold at the exhibit last year; that the lease adopted is the same as last year; that the Deputy City Manager indicated the request for the portable information booth and the sale of items should be addressed as an amendment to the lease rather than simply allowing the sale of items to occur. Vice Mayor Servian asked if the lease disallows sale of items? V. Peter Schneider, Deputy City Manager, stated that the lease indicates: Tenant will conduct no selling within the leasehold including but not limited to the kiosks. Tenant shall not sell any materials, food, or beverages within the leasehold BOOK 58 Page 29544 01/03/05 2:30 P.M. BOOK 58 Page 29545 01/03/05 2:30 P.M. Mayor Martin stated that no food or beverages will be available for sale; that the recollection is the Commission did not have a problem supporting the sale of some items; that items were sold at the exhibit last year. Mr. Schneider stated that the language in the lease did not allow items for sale; that the lease was not changed from last year. Commissioner Palmer stated that the activities which take place should be in accordance with the lease. Mayor Martin stated that hearing no objections, the Administration is requested to bring back a lease amendment at the January 18, 2005, Regular Commission meeting to allow for the sale of items within the leasehold. D. stated that the Florida Department of State, Division of Historical Resources, has accepted the nominations of the Paul Rudolph Sarasota High School addition, the Revere Quality Institute House on 100 Ogden Street and the Central Cocoanut Historical District for review; that the exact procedure for review is not known; that he was planning to alert a number of people, particularly in the Central/Cocoanut neighborhood area, of the fact a certain time and date will be scheduled for the review in Tallassee, Florida; that the Commission can attend the meeting if desired; that he will leave information in the Commission office and will follow up with an electronic mail (email). E. stated that a sufficient amount of discussion took place regarding the Sarasota Housing Authority (SHA) issue; that some of the Commissioners may have read the December 30, 2004, editorial in the Pelican Press; that the editorial refers to the City of Sarasota's public housing program; that the editorial was clearly regarding the City's accountability; that the editorial created a major misperception the SHA is somehow a City agencyi that the editorial was extremely misinforming and has continued to perpetuate myths regarding the amount of power the City has regarding the SHA; that the understanding is the Pelican Press has agreed to publish some kind of a correction; that Vice Mayor Servian was planning on writing a response to the editorial to provide clarification; that the Commission must clarify the City's role in moving forward; and asked the Commission's desire regarding a response. Vice Mayor Servian stated that being presumptuous by writing a response without the Commission's input was not the desire, sO an email was sent to the Charter Officials requesting information concerning the City's legal position regarding the SHA; that the suggestion is for her to outline a response, have the Charter Officials review the response, and then forward the response to the Commissioners; that being the author of the response is not necessaryi that she stepped forward since she is the Commission liaison to the SHA and has been intimately involved with every detail taking place; that she will be happy to work with the City's Public Information Officer or the Mayor; that the intent is to ensure someone responds to the editorial. Mayor Martin stated that having Vice Mayor Servian move forward with the response would be appreciated by the Commission; that the deadline is short if the desire is to include the response in the next issue of the Pelican Press, which would be tomorrow; that he would like to review the responsei that City Attorney Fournier should also review the responsei that a request is to include the fact meetings are being held regarding the Memorandum of Understanding which will create the partnership between the City, County and the SHA. Commissioner Palmer stated that the joint meeting between the City and the SHA later in January 2005 should also be indicated in the response. Mayor Martin agreed. F. stated that the joint meeting between the Commissions of the City and the Town of Longboat Key is being held on Thursday, January 6, 2005, from 3:00 p.m. to 5:00 p.m. Mayor Martin stated that the Commission is encouraged to bring forth items for the Agenda; that the joint meeting will be informal; however, some substantive discussion is important; that a joint meeting between the City and the SHA is planned later in January 2005; that a joint meeting between the City and the County is scheduled for January 31, 2005; that the City's portion of the Agenda should be finalized a couple of weeks in advance. Commissioner Palmer stated that she received a telephone call from the Governor's Office this afternoon; that the telephone call was pleasing; that she was appointed to the State Legislative BOOK 58 Page 29546 01/03/05 2:30 P.M. BOOK 58 Page 29547 01/03/05 2:30 P.M. Committee on Intergovernmental Relations by Governor Jeb Bush; that Carmela Starace, a former President of the Florida League of Cities, was reappointed; that Sarasota County Commissioners Shannon Staub and Nora Patterson were representatives from the Florida Association of Counties; that Commissioner Staub was not seeking re-appointment which was probably the reason the Governor looked favorably upon Sarasota. Mayor Martin stated that the news is pleasing; that congratulations are extended. Commissioner Palmer stated that she is honored. 13. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 4:39 through 4:44 CITY ATTORNEY FOURNIER: A. stated that the last time he spoke to the Commission regarding the view corridor easement lawsuit, he indicated the plan was to schedule a mediation during the month of December 2004; that the mediation did not take place during December 2004 and is now scheduled for February 23, 2005; that a better idea of the situation will be known after the mediation. B. stated that an update is being provided regarding the lawsuit filed pertaining to the title of the former Nathan Coon property, which the City acquired; that David Boyette, Attorney with the law firm of Ruden, McClosky, Smith, Schuster and Russell, P.A., has been retained by the Attorney's Title Insurance Fund to represent the City; that Attorney Boyette has filed a motion to dismiss, which he has read and considers well done; that the matter is set for hearing on January 27, 2005; that even if granted, the courts usual practice is to grant leave to amend the first time; that the Commission will be updated regarding the situation. C. stated that in the fall of 2003, the Commission authorized the City Attorney's Office to seek a modification of the final judgment in the condemnation suit to acquire the property on Palm Avenue which is the future site of the Plaza Verdi project; that the judgment has not been filed yet; that the preference, rather than simply filing a motion to amend the judgment, was to contact Montgomery Roberts Associates first and attempt to negotiate a stipulated matter rather than file a contested matter; that four individual partners are with Montgomery Roberts Associates; that one of the partners had a concern regarding the language included since the City acquiesced in their estimate of the property's value but actually paid less and were allowed to make a gift of the difference in the value to the City; that the problems are being worked out with the particular partner's account; that the hope is to have something filed in the near future; that the hope is everyone will agreei that legal counsel for the Ersa Grae Corporation, the developer of the Plaza Verdi project has also reviewed the proposal and signed off; that the matter will hopefully be completely stipulated and the judgment will be modified; that he will keep the Commission informed. Vice Mayor Servian stated that the understanding is a lawsuit has been filed regarding the Houses of Indian Beach. City Attorney Fournier stated that is correct. Vice Mayor Servian asked if the City is drawn into the lawsuit? City Attorney Fournier stated that two respondents are named in the lawsuit: the City of Sarasota and Coastal Island Group, LLC, which is the applicant for the subdivision and site plan approval; that a judicial order was entered on December 17, 2004; that the order gives the City 20 days to respond; that for procedural reasons, he received the notification after 11 of the 20 days had already passed; that the day he received the order, he filed a motion for an extension of time; that he is optimistic the extension will be granted since a transcript of the lengthy hearing has not been prepared; that having the ability to cite from the transcript in the response is necessaryi that the applicant has requested additional time as well. Vice Mayor Servian stated that a question regarding inconsistency concerning the Houses of Indian Beach issue was forwarded to City Attorney Fournier and was also raised at the table. City Attorney Fournier stated that a response was prepared and was delivered this morning. The Commission recessed at 4:30 and reconvened at 6:00 p.m. BOOK 58 Page 29548 01/03/05 2:30 P.M. BOOK 58 Page 29549 01/03/05 2:30 P.M. 14. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR DECEMBER 2004, APRIL BRYAN, HUMAN RESOURCE ANALYST (AGENDA ITEM XII-1) CD 6:00 through 6:09 Mayor Martin requested that Kurt Hoverter, Director of Human Resources, and April Bryan, Human Resources Analyst and Employee of the Month for December 2004, come before the Commission. Mr. Hoverter stated that Ms. Bryan has worked for the City four times; that Ms. Bryan left the City to raise her children and to attain her Bachelor of Science degree from Florida State University; that during the reorganization of the Human Resources Department in 2004, Ms. Bryan had the pleasure of retraining and training four new employees in addition to assuming a new role herself, which is no small accomplishment, as well as experiencing a visit from Hurricane Charlie in Arcadia which is her place of residence; that Ms. Bryan has been a regular at work and has proceeded ahead through all the difficulties in her personal life which is a testament to her professionalism; that Ms. Bryan's new role is with career management; that perseverance in determining to finish her education is an important part of being recognized as the December 2004 Employee of the Month. City Manager McNees stated that Employee of the Month presentations are always special; that the presentation is noteworthy as the overall function of the Human Resources Department has improved and advanced in a year during which significant challenges existed; that staffing turnover, the death of a Staff member, and the hurricanes were significant concerns; that people like Ms. Bryan are the connection who not only maintain ongoing operations but also assure the City moves forward; that a representative from management of the Citrus, Cannery, Food Processing & Allied Workers, Drivers, Warehousemen & Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173 (Teamsters), and the Southwest Florida Police Benevolent Association, Inc. (PBA), are present in the Chambers audience as well as Thomas Duncan, Captain, and Joseph Stiff, Sergeant, Sarasota Police Department, to recognize the behind the scenes work of Ms. Bryan in providing information; that Ms. Bryan's hard work is appreciated. Mayor Martin presented Ms. Bryan with a City-logo watch, a plaque, and a certificate as the December 2004 Employee of the Month in appreciation of her unique performance with the City of Sarasota. Ms. Bryan thanked the Commission and stated that she is happy to work for the City and loves her job; and recognized the following family members present in the audience: daughter, Katie, and son, Joel. 15. COMMISSION PRESENTATION RE : MAYOR' S CITATION RECOGNIZING THE RETIRING MEMBERS OF THE PUBLIC ART COMMITTEE (AGENDA ITEM XII-2) CD 6:09 through 6:18 Mayor Martin stated that the Mayor's Citation recognizes two retiring members of the Public Art Committee; that the City's advisory boards serve the Commission with special knowledge, expertise, or education; that the Public Art Committee is always involved in many activities; that the Public Art in the community is increasingly valued; that the Commission has increased the inventory of Public Art over the past couple of years, has developed a program to ensure the art is properly maintained, and has brought more artwork into the City collection which will continue into the future; that the Public Art Committee assists the City to balance the process; and requested that George Haborak and Vicky Randall join him and the Commission at the Commission table. Mayor Martin read in its entirety the Mayor's Citation recognizing retiring member George Haborak of the Public Art Committee; and stated that Mr. Haborak has served wonderfully; that the Commission has been impressed with Mr. Haborak's dedication. Mr. Haborak stated that the City has a long tradition in the visual arts; that the Public Art Program is a fine example of the visual arts tradition; that over the years, the Public Art Program has resulted in the creation, purchase, and donation of pieces of art in the City; that more Public Art has been placed in the City than ever before; that Public Art contributes to the community's aesthetic values and environment in the beautiful City; that over the years, many people have indicated attending the meetings, discussing art, and looking at the art must be pleasant; that the answer was administrative tasks are required; that policies are created; that land development regulations, policies, and rules of procedure are considered; that after eight years of serving on the Public Art Committee and working with the City Attorney's Office, he has attended SO many meetings discussing rules and procedures, contracts, lease agreements, the Visual Artists Rights Act of BOOK 58 Page 29550 01/03/05 2:30 P.M. BOOK 58 Page 29551 01/03/05 2:30 P.M. 1990, etc., he is prepared to take the Florida Bar examination; that in the past eight years, the Administration and the Commission have changed; that many are not aware the Public Art Committee is supported by the Planning and Redevelopment Department; that the support of Jane Robinson, Director of Planning and Redevelopment, and Staff for all the years is appreciated; that City Auditor and Clerk Robinson is thanked for his support; that the Commission is thanked for support; that without the Commission's support and patience in the process, the City would not have the current artwork. Mayor Martin stated that Mr. Haborak has also been patient with the Commission; that Mr. Haborak will now have spare time which is good. Mayor Martin read in its entirety the Mayor's Citation recognizing retiring member Vickie Randall of the Public Art Committee; and stated that artwork by Ms. Randall has been placed in the City; that Ms. Randall is an arts education teacher; that Ms. Randall is thanked for the service to the mission of Public Art in the community. Ms. Randall stated that she enjoyed her time on the Public Art Committee and looks forward to finding another way to serve the City. Mayor Martin requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectiul to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 16. FIRST NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4603, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 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) - PASSED ON FIRST READING WITH A REDUCTION OF THE APPROPRIATION TO THE SARASOTA ARTS COUNCIL TO $4,000 (AGENDA ITEM XIV-A-1) CD 6:18 through 6:26 Mayor Martin stated that the item is the first public hearing concerning proposed Ordinance No. 05-4603 amending the budget for the fiscal year (FY) beginning October 1, 2004; opened the public hearing; and requested that Staff come forward. Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Ordinance No. 05-4603 appropriates funding to provide $7,100 from the General Fund, $40,900 from the Law Enforcement Trust Fund, $5,200 from the Equipment Replacement Fund, and $85,424.98 from the Community Development Block Grant; that Section 166.241(3) (c), Florida Statutes, 2004, requires an increase in fund appropriations must be adopted in the same manner as the original budget with two public hearings; that the General Fund appropriation is $2,800 for the Sarasota Film Festival and $4,300 for the Sarasota Arts Council; that the Law Enforcement Trust Fund appropriation is for $40,900 for DNA kits, Glock lights; the laser speed detection unit, a Smart Trailer replacement, and traffic unit in-helmet communications; that the Equipment Replacement Fund appropriation is for $5,200 for funding the difference of the purchase of an alternative fuel vehicle in Code Enforcement; that the Department of Housing and Community Development desires to appropriate $85,424.98 to align the Community Development Block Grant budget with the funds provided by the US Department of Housing and Urban Development; that the recommendation is to pass proposed Ordinance No. 05-4603 on first reading. Commissioner Palmer stated that the City neighborhoods are concerned the City does not have sufficient capability to ensure enforcement of speed violations; that the cost of the Smart Trailer is $13,000; that two Smart Trailers should be utilized; and asked if funds are available in the Law Enforcement Trust Fund for an additional Smart Trailer. Thomas Duncan, Captain, and Joseph Stiff, Sergeant, Sarasota Police Department, came before the Commission. BOOK 58 Page 29552 01/03/05 2:30 P.M. BOOK 58 Page 29553 01/03/05 2:30 P.M. Captain Duncan stated that the purchase of an additional Smart Trailer is a possibility; that traffic calming is a significant issue in the entire US. Vice Mayor Servian stated that the preference is the Sarasota Police Department should indicate the need for a second Smart Trailer and determine if the manpower to operate a second one exists without the Commission dictating the purchase; that to have a second Smart Trailer sitting in storage is not good; that the hope is, as the Sarasota Police Department proceeds with the annual budgeting process, the need can be determined and brought forward to the Commission which would be open to approval. Captain Duncan stated that the Smart Trailer and associated staffing requirements will be considered. Mayor Martin stated that Commissioner Palmer's point is the Commission often hears from residents who indicate traffic continues as an issue in neighborhoods; that placing Smart Trailers in each neighborhood more often would be good. Mayor Martin stated that the thought was the Commission appropriated $4,000 at the December 6, 2004, Regular Commission meeting for the Sarasota Arts Council rather than $4,300. Gibson Mitchell, Director of Finance, stated that the Commission approved all items requested by the Sarasota Arts Council except the $50 permit fee. Mayor Martin stated that the amount was rounded down to $4,000. Mr. Mitchell stated that the amount can be corrected. City Attorney Fournier stated that as the number is less, changing the Ordinance prior to second reading is not precluded. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4603 by title only. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 05-4603 on first reading with a reduction of the appropriation to the Sarasota Arts Council to $4,000. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 17. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 05R-1815, APPROVING APPLICATION NO. 04-SP-19 TO PERMIT THE DEVELOPMENT OF A SIXTEEN STORY BUILDING CONTAINING FIFTEEN RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF GULF STREAM AVENUE AND MAIN STREET AND HAVING A STREET ADDRESS OF 1301 MAIN STREET; SAID PROPERTY IS ZONED COMMERCIAL-CENTRAL BUSINESS DISTRICT (C-CBD) AND IS LOCATED WITHIN THE BOUNDARIES OF THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT; THE PROPOSED SITE PLAN INCORPORATES A REQUEST FOR ADDITIONAL DWELLING UNIT DENSITY ALLOWABLE WITHIN THE OVERLAY DISTRICT, i SETTING FORTH CONDITIONS OF APPROVAL OF SAID SITE PLAN ; ETC. (TITLE ONLY) (APPLICATION NO. 04-SP-19, APPLICANT JOEL J. FREEDMAN, FREEDMAN CONSULTING AND DEVELOPMENT, LLC, AS AGENT REPRESENTING ENTERPRISE ASSOCIATES/SRO, LLC, AS OWNER) - APPROVED SUBJECT TO CONDITIONS AS FOLLOWS : 1) IMPROVEMENTS TO GULF STREAM AVENUE; 2) IMPROVEMENTS TO THE NORTH SIDE OF THE BUILDING; 3) RESTRICTION IN THE CONDOMINIUM DOCUMENTS REGARDING PROHIBITING CONVERSION OF THE THREE SMALLER UNITS; ; AND 4) INCORPORATION OF A WINDOW AND PUBLIC ART IN THE CORNER SPACE. (AGENDA ITEM XIV-B-1) AND NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF SARASOTA AND ENTERPRISE ASSOCIATES SRQ, LLC FOR 1301 MAIN STREET CONDOMINIUM CONTINUED TO THE TIME PROPOSED RESOLUTION NO. 05R-1815 AS REVISED IS PRESENTED FOR ADOPTION (AGENDA ITEM XVII-2) CD 6:26 through 8:37 Mayor Martin stated that the quasi-judicial public hearing before the Commission at this time concerns proposed Resolution No. 05R-1815 approving Application No. 04-SP-19 for the development of a 16 story building containing 15 residential dwelling units on property located at the northeast corner of the intersection of Gulf Stream Avenue and Main Street and having a street address of 1301 Main Street; that the Applicant is Joel Freedman, Freedman Consulting and Development, LLC, as agent representing Enterprise Associations/SRO, LLC, as owner; and BOOK 58 Page 29554 01/03/05 2:30 P.M. BOOK 58 Page 29555 01/03/05 2:30 P.M. requested that City Attorney Fournier explain the quasi-judicial public hearing process. City Attorney Fournier stated that the requirements of quasi- judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the recommendation is to allow 15 minutes for the Applicant's presentation; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have 3 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross-examination; that Mary Anne Bowie, AICP, has been designated as the representative for two Affected Persons and one interested citizen; that the recommendation is to allow Ms. Bowie 12 minutes for the presentation. City Attorney Fournier continued that Agenda Item XVII-2 is to authorize and execute an Encroachment Agreement which is not a quasi-judicial process; that a public hearing is not required; however, the issues are the same or overlap; that the Commission is advised to consider the two items together and allow comment and discussion. Mayor Martin stated that hearing no objections, the recommended time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Servian stated that she had a brief conversation with Kenny Barr, an Affected Person on another matter; that in the course of the conversation, the issue of the proposed project was raised by Mr. Barr who indicated he was not opposed to the proposed project but had some concernsi that the conversation was immediately discontinued. Mayor Martin and Commissioners Atkins, Bilyeu, and Palmer stated that no ex parte communications have occurred. City Attorney Fournier stated that the following persons have applied for and complied with the rules for obtaining Affected Person status: Alison Bishop, Kenny Barr, Ken Cameron, Gladys Foldes, and Andrew Foley. City Attorney Fournier stated that Mr. Cameron and Ms. Foldes are not present in the Chambers audience. Mayor Martin stated that hearing no objections, the Affected Persons are certified; opened the public hearing; and requested that the Applicant come forward. Joel Freedman, Freedman Consulting and Development, LLC, as agent representing Enterprise Associates/SRO, LLC, as owner, Sam Hamad, managing member of Enterprise Associates, and Gary Hoyt, a member of Enterprise Associates and Project Architect, came before the Commission. Mr. Freedman referred to an aerial map displayed on the Chamber monitors indicating the. location of the proposed project at the intersection of Main Street and Gulf Stream Avenue with an address of 1301 Main Street; and stated that the proposed project is approximately 6,000 square feet and is in the Downtown Residential Overlay District (DROD) which allows additional density of up to 200 units per acre provided the average of the entire DROD does not exceed 200 units per acre; that the request is for a 15 unit project which is approximately 108 units per acre; that seven units will be constructed on the property if the density increase is not granted; that the property is in Commercial Central Business District (CCBD) Zone District; that Site Plan Application No. 04-SP-19 was filed in April 2004 prior to the adoption of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the attempt is to accomplish and address as many of the goals and objectives of the Downtown Master Plan 2020 as possible; that the arcade and Encroachment Agreement are the results of complying with the Downtown Master Plan 2020; that the building takes up the entire site; that the arcade starts at the northern edge and follows the property to Main Street; that no arcade is proposed on Gulf Stream Avenue; that parking will be provided on the ground floor; that the site is in a flood zone designated by the Federal Emergency Management Agency (FEMA) ; that the entrance to the property is from the alley; that the intent is to enhance and upgrade the alley; that paver bricks will be installed and maintained in accordance with the City's rules and BOOK 58 Page 29556 01/03/05 2:30 P.M. BOOK 58 Page 29557 01/03/05 2:30 P.M. regulations; that car lifts will be installed in the proposed project; that 12 units will have a double layered parking stall. Mr. Freedman continued that part of the requirements of the DROD is 20 percent of the units must be under 1,250 square feet; that one floor has three units which are under 1,250 square feet; that all other floors have single units; that the building is 180 feet tall as the CCBD Zone District allows; that the proposal provides for the arcade and areas for footings under the Gulf Stream Avenue area and the alley if required. Mr. Hoyt stated that the intent is to create a signature and urban building; that the arcade will provide a pedestrian friendly area; that the building is divided horizontally; that the first level is the pedestrian level and the lobby into the building; that the concept of the lobby is of a boutique hotel; that the design, intent, and marquis feel is of a hotel; that the second level is parking with a residential guest room; that the fourth level is the amenity level with a pool, exercise rooms, and a view of the Bayfront; that the open amenity level provides a horizontal break between the residential units above; that vertically the building has been divided into three towers; that the corner tower is all glass; that the intent is to break down the scale both horizontally and vertically; that the arcade level allows stepping the building back; that the Applicant worked closely with the Planning and Redevelopment Department on the design; that issues dealing with fire protection and separation from the adjacent property were addressed; that a corridor was designed for egress with the same type detail of the balconies which breaks up the blank appearance of the façade and presents an opportunity for division into three sections for the same kind of feeling or look as a balcony. Mr. Freedman stated that initially a solid wall was designed due to fire issues; that a building could be constructed directly on the adjacent property line in the future sO windows cannot be installed unless the building is set back; that creating a balcony area creates a more attractive side of the building until the time a building is built to the north. Mr. Hoyt stated that the side of the building facing the Bayfront delineates the vertical separation; that a mural will be placed in a recessed area on the ground level for a small retail cart; that the flood issue precludes regular retail. Mr. Freedman stated that Mary Anne Bowie represented two Affected Persons during discussions and meetings; that meetings were conducted with Engineering Staff to discuss issues and concerns; that one issue concerns the balcony area; that the design steps back from the property line; that an issue was if items will be thrown down especially if a new building is built on the adjacent property; that balconies with railings will be built; that the construction on the adjacent property will close in the open area; that a notice of proximity will be included in the condominium declarations to avoid potential lawsuits; that parking is an important issue; that no parking spaces will be removed by the construction of the proposed project; that Gulf Stream Avenue will be impacted during the construction; that the Applicant has suggested reconfiguring and redeveloping Gulf Stream Avenue by shifting the median and creating some on-street parking; that Ms. Bowie and the Applicant met with Engineering Staff for preliminary ideas; that the Applicant is willing to contribute up to $50,000 toward the design and construction of a median with parking on Gulf Stream Avenue; that guest and public parking will be created; that the median will be removed during construction for safety and will be replaced with a new landscaped median with parking at the completion of construction; that 23 parking spaces and one on- street loading space will be created; that specifying the exact number is not possible as the situation has not yet been engineered; that the intent is to create a loading space for the building. Vice Mayor Servian asked for clarification of the manner in which the residents will reach Main Street by car. Mr. Freedman stated that the residents would travel down Gulf Stream Avenue and turn on Cocoanut Avenue. Vice Mayor Servian asked if a gate will be installed at the entry to the garage? Mr. Freedman stated yesi that the gate will be recessed 22 feet to allow a car to wait for the gate to open. Vice Mayor Servian asked for clarification regarding emergency vehicle access. Mr. Freedman stated that emergency vehicles would park at the front door on Main Street. Vice Mayor Servian stated that the assumption is elevators are in the lobby area of the building. BOOK 58 Page 29558 01/03/05 2:30 P.M. BOOK 58 Page 29559 01/03/05 2:30 P.M. Mr. Hoyt stated that two sets of elevators are in the building, one in the lobby and one near the service area. Vice Mayor Servian asked the manner in which a resident would move into the building? Mr. Freedman stated that the on-street parking would be used; that the hope is a loading zone and additional on-street parking can be created. Vice Mayor Servian stated that the assumption is the height in the parking garage is sufficient for a moving truck. Mr. Freedman stated that the height is 12 feet. Vice Mayor Servian stated that the height may not accommodate a moving truck. Mr. Freedman stated that the required height by the Zoning Code (2002 Ed.)is 13 feet 6 inches; that big moving trucks would not be accommodated. Vice Mayor Servian stated that an issue with Downtown projects is a loading zone and a controlled program for move-ins and move-outs to avoid multiple trucks at the same time. Mr. Freedman stated that the Zoning Code (2002 Ed.) does not require the 13 foot 6 inch height for buildings under 20 units. Mr. Hoyt stated that the building is adjacent to a service alley. Vice Mayor Servian asked for clarification of the functioning of the stacked parking. Mr. Hoyt stated that an independent car elevator can be called to retrieve a car; that the parking will be operated on a concierge basis. Vice Mayor Servian stated that a concierge will retrieve a car for the residents. Mr. Hoyt stated that is correct. Commissioner Palmer asked the square footage on the first floor including the area under the arcade and the habitable space above the arcade, i.e., the square footage with and without the encroachment? Mr. Freedman stated that the site is approximately 6,000 square foot; that approximately 720 square feet will be added. Commissioner Palmer asked the habitable space on the second and third floor based on the encroachment? Mr. Freedman stated that a guest unit is on the second floor; that the third level is the amenity level; that the area which extends over the encroachment is the concierge, lounge, lobby, and entrance areas. Commissioner Palmer stated that the City has provided incentives to achieve consistency with the Downtown Master Plan 2020; that one incentive is an encroachment permit and the increased density of the DROD; that increased density, an encroachment, and additional usable space above the encroachment are requested; that a question is the benefit the City receives in return; that a significant concern is for retail on the ground floor; that the failure to provide retail is not understood. Mr. Freedman stated that an arcade is not necessary for the construction of the building; that the site is in a FEMA flood zone; that the ground level will be active with a lobby, a mail room, and a concierge area; that an area can be used for a cart vendor; that the attempt is to comply with the Downtown Master Plan 2020 to the extent possible; however, providing ground floor retail is difficult due to the small size of 350 square feet; that contributions will be made to the Affordable Housing and Transit Development Trust Funds; that approximately 20 parking spaces will be provided. Commissioner Palmer asked for clarification regarding trash collection. Mr. Freedman stated that roll carts will be used rather than dumpsters. Commissioner Palmer asked if sufficient access exists? Mr. Freedman stated that the carts will be placed at the curb for pick up by a side-loading vehicle; that the concierge will place the carts back in the building. Commissioner Palmer stated that no blockage will occur. BOOK 58 Page 29560 01/03/05 2:30 P.M. BOOK 58 Page 29561 01/03/05 2:30 P.M. Mayor Martin stated that the sidewalks will not be blocked. Mr. Freedman stated that is correct. Commissioner Palmer asked the price of the 1,250 square foot units? Vice Mayor Servian stated that the price is $660,000. Commissioner Palmer asked if the up to $50,000 proffer for construction of a median and parking spaces has been reviewed by Engineering Staff to determine the amount of funds required? Mr. Freedman stated no. Mr. Hoyt stated that the proffer was reviewed by a local engineer. Mr. Freedman stated that the exact cost is not known. Mr. Hoyt stated that the estimate was approximately $40,000; that the proffer is up to $50,000. Mr. Freedman stated that the intent is for the City not to bear any cost of the construction. Commissioner Palmer stated that the preference is the proffer should indicate the actual cost will be borne by the Applicant; that the traffic in the alley is a concern; that the alley is too narrow for two cars to pass; that discussion occurred by the Planning Board/Local Planning Agency (PBLP) regarding making the alley one way. Mr. Freedman stated that the Applicant did not suggest one way traffic; that converting to one way is not opposed; however, the idea is not good; that movement in the alley will not be impeded as the entrance is close to Gulf Stream Avenue; that residents will likely turn off Gulf Stream Avenue; that the alley is blocked often during the day with retail deliveries. Commissioner Palmer asked the manner the residents will enter the building if the alley is one way? Mr. Freedman stated that the alley is currently not one way; that Staff will not likely recommend the alley be one way, Mayor Martin stated that a one-way alley would not be good for the proposed project. Mr. Freedman stated that is correct. Vice Mayor Servian asked for clarification regarding the trash system. Mr. Hoyt stated that trash will be placed in a chute in the service area. Vice Mayor Servian asked if each unit has a trash chute? Mr. Hoyt stated yes. Vice Mayor Servian asked the arrangement for the smaller units? Mr. Hoyt stated that a trash chute will be shared. Vice Mayor Servian asked the provision for recycling? Mr. Freedman stated that recyclables will be picked up on each floor. Mr. Hoyt stated that the planned system can accommodate both trash and recyclables; however, the small number of units allows for ease in pick up as the service elevators are adjacent to the area for placing recyclables; that recycling chutes may be installed in the future. Vice Mayor Servian asked if the recyclables will be picked up every day? Mr. Hoyt said yes. Vice Mayor Servian stated that condominium residents who do not have recycling systems often put recyclables with the regular trash which is a concern; that people are encouraged to recycle. Mr. Hoyt stated that the placement of the recycle area adjacent to the service elevator is to encourage recycling. Commissioner Bilyeu asked the use of the glass areas on the ground floor? Mr. Hoyt stated that the area will contain the lobby, the mail area, the concierge office, and the entrance to the garage; that the area is small but the concept is a compact European design. Mayor Martin stated that two windows and one door face out. Mr. Freedman stated that two doors and one window face out. BOOK 58 Page 29562 01/03/05 2:30 P.M. BOOK 58 Page 29563 01/03/05 2:30 P.M. Mr. Hoyt stated that the glass is floor to ceiling. Commissioner Palmer asked if changing the design of the wall on the north side of the building will be a proffer? Mr. Freedman stated yes. Mayor Martin stated that he agrees with Vice Mayor Servian regarding recycling; that people may be reticent to recycle if a system is not provided to encourage recycling; that significant discussion has occurred in the past regarding the encouragement and facilitation of recycling. Mr. Hoyt stated that the service area was designed to encourage recycling. Mayor Martin asked for clarification regarding the footings in the encroachment. Mr. Hoyt stated that the footings are relatively small; that the location and square footage are defined in the encroachment drawings and plans. Mayor Martin requested that Staff come forward. Dennis Daughters, Director of Engineering/City Engineer, and Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission. Mr. Parsons referred to an aerial map, the Future Land Use Map, and the site plan of the proposed project displayed on the Chamber monitors; and stated that the proposed project is the second project to make use of the DROD; that the DROD allows for an averaging of density within the 46 acre area of up to 200 dwelling units; that the CCBD Zone District would allow for seven units at 50 units per acre; that the Applicant proposes 15 dwelling units which is 107 dwelling units per acre; that applications for additional density within the DROD is through a site plan approval process; that a difference is the requirement for an additional public hearing; that the proposed project makes use of a policy adopted by the Community Redevelopment Agency (CRA) and the Commission in 2003 to facilitate development within the public right-ot-way; that the arcade along Main Street will be constructed on the public right-of- way; that the intent is to encourage the development of arcades, galleries, and awning covered spaces which are pedestrian enhancing spacesi that the Main Street arcade frontage is consistent with the retail frontage requirement in the Downtown Code regarding the frontage type. Mr. Parsons continued that Staff encouraged the Applicant to provide retail use in the proposed project; however, the application for the proposed project was submitted prior to the adoption of the Downtown Code and therefore reviewed under the CCBD Zone District standards; that the CCBD Zone District standards do not require retail frontage; that the proposed project meets the intent and purpose of the DROD and the CCBD Zone District standards; that the proposed project is an intense urban infill project; that concern has been expressed by the public regarding the scale and intensity of the project; that the CCBD Zone District allows buildings up to 180 feet tall and building to the property line; that the characteristics of the CCBD Zone District include area designated as the urban core having diverse land uses and activities with concentrated density to attract residents in significant numbers; that high density residential uses are especially encouraged in the CCBD Zone District and the DROD; that the CCBD Zone District places an emphasis on human scale, activities, and amenities at the street level; that Staff supports the construction of the arcade. Mr. Parsons further stated that the Standards for Review for Site Plans have been satisfied; that the proposed project is de minimis regarding vehicular and pedestrian access and concurrency, that a reduction in impact from the current restaurant and retail use will occur; that the Zoning Code (2002 Ed.) requires 1.25 parking spaces for each dwelling unit; that 19 parking spaces are required; that 19 parking spaces can be accessed without an elevator; that the 11 additional parking spaces created by the parking spaces on the first level are considered excess spaces; that 30 total parking spaces will be provided; that the DROD requirements such as generating infill development or redevelopment and broadening the range of available housing opportunities Downtown are satisfied; that the dwelling units are priced toward the high end; however, the location commands a high value; that the proposed project meets the DROD requirement of maximizing the use of existing public facilities and providing 20 percent of the dwelling units at less than 1,250 feet in size; that a contribution will be made to the Affordable Housing and Transit Development Trust Funds for each unit above the 50 dwelling units per acre; that $20,000 will be contributed to the Affordable Housing Trust Fund; that the contribution to the Transit Development Trust will be $8,000; that a requirement is to enter into a written maintenance agreement to BOOK 58 Page 29564 01/03/05 2:30 P.M. BOOK 58 Page 29565 01/03/05 2:30 P.M. ensure the arcade and alley are maintained including lighting; that a construction staging plan is required prior to the building permit stage. Mr. Daughters stated that Staff supports the potential reconfiguration of Gulf Stream Avenue to gain additional parking; that Staff has not reviewed the concept plan or the cost estimate for the reconstructed median; that depending on the extent of the work required, the cost may be in excess of $50,000; that the median must be reconstructed, landscaping relocated, irrigation changed, stormwater inlets changed, etc.; that Staff would support a more generic condition indicating all costs will be borne by the Applicant; that Staff has not and is not currently considering changing the direction of the alley to one wayi that the Applicant has discussed the Encroachment Agreement with Staff; that the Encroachment Agreement is for the arcade for the living space, patios on the floors above the arcade, portions of the foundation in Main Street, Gulf Stream Avenue, and the alley, a canopy, and louvered sun shades; that 18 drawings relating to the detail are included in the Agenda backup material; that a typical cross section indicates the arcade area on the Main Street side, the living area, and the patio areas which are encroachments; that a typical footing detail indicates the footing is several feet underground and approximately six feet thick; that the foundations are indicated for installation on the Main Street and Gulf Stream Avenue sides and possibly in the alley and will be detailed in the Encroachment Agreement. Mayor Martin asked for clarification regarding a staging plan. Mr. Parsons stated that a Construction Staging Plan is required prior to the issuance of a building permit; that elements include indicating the location of construction parking, building material locations and storage, method and route for ingress and egress for all construction vehicles including concrete trucks, no parking of construction vehicles in adjacent rights-of-way unless approved by the Cityi that a quarterly update is required. Commissioner Bilyeu stated that a reduction in traffic will occur. Mr. Parsons stated that is correct. Commissioner Bilyeu stated that 30 parking spaces will be provided although the requirement is 19; that the CCBD Zone District requirement is part of the parking can be on-street parking. Mr. Parsons stated that the requirement is under the Downtown Code. Commissioner Bilyeu asked the rezoning designation of the area? Mr. Parsons stated that the designation would be the Downtown Bayfront Zone District. Commissioner Bilyeu stated that the designation would allow for heights up to 300 feet. Mr. Parsons stated that is correct. City Attorney Fournier stated that the rationale for the request for a separate maintenance agreement is not understood; that the Encroachment Ordinance indicates the maintenance of the encroachments is the responsibility of the property owner; and asked if everything could be included comprehensively in the Encroachment Agreement? Mr. Parsons stated that encroachments, street vacations, and arcades have been a learning experience; that a concern is lighting; that the City must have the ability to maintain and be reimbursed for lighting if the lighting is discontinued. Mayor Martin stated that lighting could be included in the Encroachment Agreement. City Attorney Fournier agreed. Mr. Daughters stated that one agreement would be easier; that the proposed project is different from previous projects; that the maintenance clause in the maintenance agreement only covers the maintenance of the encroachments; that maintenance of non- encroachment items such as lights, paver bricks, or landscaping are typically included in a separate maintenance agreement. City Attorney Fournier stated that preparing only one agreement can be discussed further. Mayor Martin stated that the Commission will rely on the City Attorney's advice for a more efficient manner to address the issue. BOOK 58 Page 29566 01/03/05 2:30 P.M. BOOK 58 Page 29567 01/03/05 2:30 P.M. Commissioner Palmer stated that the location of the proposed project is awkward for building; and asked if problems will occur with the other buildings in the area for access? Mr. Daughters stated that streets may be blocked at times for utilities work; that the Construction Staging Plan will help coordinate construction activities. Commissioner Palmer asked if weekly meetings with the Applicant and neighbors will be conducted? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the group consisting of Florida Power & Light (FPL), the City, Whole Foods Market Centre, the Plaza at Five Points, and the Lemon Avenue Streetscape were informed at the time the majority of the projects are completed Staff will be available to meet with other projects on a billable fee basis; that the previous projects were not billed as the City and FPL were active partners; that coordination of the five projects was necessaryi that meetings regarding individual Downtown projects will be billable. Commissioner Palmer stated that the 1350 Main Street project will commence soon; that two major projects will commence within a short distance of each other. Mr. Schneider stated that is correct; that the Plaza Verdi project may begin soon also. Commissioner Palmer stated that the businesses in the area must receive attention to concerns regarding access to the businesses. Mr. Schneider stated that all the developers will find having meetings worthwhile notwithstanding the billable fees. Commissioner Palmer asked if billable fees will be included in the proposed Ordinance? City Attorney Fournier stated that the fees should be maintained under the Billable Fee System until the issuance of a building permit. Commissioner Palmer stated that Staff's recommendation was based on the CCBD Zone District regulations effective prior to the Downtown Code which requires retail. Mr. Parsons stated that is correct; that Stafi's preference is the project meet the requirements of the Downtown Code; however, the retail frontage cannot be required; that the frontage appearance conforms with the Downtown Code. Mayor Martin asked the extent of the preclusion of retail in the first floor due to being in a FEMA flood zone? Mr. Parsons stated that an answer is not known; that methods are available for Flood-proofing which would allow for use as retail space. Mayor Martin requested that the Affected Persons come forward. Andrew Foley, 1313 Main Street, No. 9 (34246), stated that he is a resident of the Orange Blossom Condominium; that he grew up Downtown and has observed significant changes in the skyline; that on balance, he has been in favor of the Downtown development; that the City is unique and wonderful; that many people want to live in the Cityi that the proposed project is not supported; that the focus on high-end, multi-million dollar penthouses makes the project different from other projects approved under the DROD and drastically impacts the appearance and goals, of the Downtown as a community; that the understanding is the original intent of the DROD was for urban infill to bring more residents Downtown and to give the developers the added density to attract residents Downtown; that the added density in the proposed project is being used to create larger units which are 4,200 square foot stacked penthouses; that the Applicant indicated the sales price of each unit will be $2.7 million; that the sales price likely will be $3 million to $4 million due to the market value along the Bayfront. Mr. Foley continued that the perception is the added density should be used to populate the Downtown; that the community's desire is to create a more balanced residential Downtown from which the proposed project is a departure; that the proposed project is not mixed-use as no retail space is provided; that all other projects in the DROD provide retail space; that a loss of retail space will occur with the removal of a restaurant and a home furnishings store; that the major encroachment will aesthetically and functionally alter the look of the Main Street and Palm Avenue area which has been a successful destination; that the goal may be to have arcades with two floors of development on top; that for the foreseeable future only one arcade will be on Main Street and Gulf Stream Avenue blocking BOOK 58 Page 29568 01/03/05 2:30 P.M. BOOK 58 Page 29569 01/03/05 2:30 P.M. views to the Bayfront and creating a wall; that no retail and the imposing arcade reinforce the problems with the connection between the Bayfront and the Downtown indicated in the Downtown Master Plan 2020. Mary Anne Bowie, AICP, 4455 Greenwood Stables (34235), on behalf of Affected Persons Alison Bishop and Kenny Barr, and Robert Richards as an Interested Person, stated that the concerns of the Affected Persons and neighborhood property owners are contextual; that the issue is the balance of the project with the larger context; that traffic from the alley cannot cross Gulf Stream Avenue as a median exists in Gulf Stream Avenue; that the concept is to keep truck traffic off Main Street; that residential and truck traffic use convoluted routes to reach Main Street; that significant dysfunction occurs to avoid traffic off Main Street; that the redesign of Gulf Stream Avenue is encouraged to include a median break across from the alley; that the project staging meetings are good; that a recommendation is the Commission create a Downtown Traffic Impact Committee which would allow businesses and property owners in specific geographic context areas to have input in traffic management decisions. Ms. Bowie continued that the request is a mixed-use development with retail on the ground floor be permitted; that the corner for a cart vendor space should be dedicated for public use; that retail use could be on upper Eloors; that a request is the specific intentions of the details of the design be incorporated into any approval; that a request is the redesign of Gulf Stream Avenue will include additional public parking spaces; that a concern is any trucks servicing the building will require additional spacei; that the potential redesign of Gulf Stream Avenue is positive; that the proposed project is 60 feet wide and 105 feet deep; that as the rest of the block is developed, linkages between the proposed project and other buildings would create more of an urban fabric; that if possible, a request is the building be designed to ultimately be linked or expanded to adjacent sites to the north with a doorway to provide pedestrian circulation on upper levels; that ultimately bridges may be constructed over Main Street. Kurt Lucas, 1330 Main Street (34236), stated that he lives at the Orange Blossom Condominium; that staging is important; that he must contend with significant dirt and debris from development; however, the development is good as his property value will increase; that consideration must be shown; that additional parking is required; that losing retail space is a concerni that the arcade creates a visual blockade. Ron Butine, 1330 Main Street (34236), stated that he is a resident of the Orange Blossom Condominium; that growth is part of the Downtown future is understood; that losing retail Downtown is a concern; that Main Street is the heart of the City; that the small vendor area is a concerni that the control of the area is unknown; that a concern is the three smaller units will be purchased by one person and combined into one unit. Mayor Martin requested that interested persons come forward. Candace Crawshaw, 1330 Main Street (34236), stated that she has lived in Sarasota for six weeks; that parking is a concern; that Main Street is appealing; that the ability to walk to shops and restaurants is pleasant; that the new construction will cause chaos; that losing retail space is a concern; that she is happy to now reside in the City. Mayor Martin stated that emphasis on the value of retail on Main Street should continue; that the issue will be a struggle as redevelopment moves forward; and requested the Applicant come forward for rebuttal. Mr. Freedman stated that the Applicant intends to participate in the system with Staff; that meetings with Staff are valuable; that he will recommend the developer of the Broadway Promenade meet with Staff; that construction of the proposed project will commence in early 2006; that an area over 300 square feet in a FEMA flood zone must be flood-prooted or unused; that flood- proofing is costly; that a median break on Gulf Stream Avenue is not opposed; that the concern of the cost of reconfiguring of the median on Gulf Stream Avenue is understood; that linkage on upper floors with future buildings will not work; that arcades will provide linkage on the ground floors. Mr. Hoyt stated that maintaining increased pedestrian movement on the ground floor is to bring people to the ground; that above street connectors take activity off the street. Mr. Freedman stated that the City is not prepared for second floor retail space; that the proposed project does not accomplish every goal of the City; however, on balance the proposed project accomplishes most of the goals and enhances the area; that the current retail spaces on the proposed project BOOK 58 Page 29570 01/03/05 2:30 P.M. BOOK 58 Page 29571 01/03/05 2:30 P.M. site have relocated to the Rosemary District and the Whole Foods Market Centre; that the proposed project is located on the end of Main Street; that the attraction to people will be the Bayfront rather than retail; that creating retail space in the area does not guarantee success; that the units in the proposed project are unique and meet the intent of the DROD; that the high end cost of the units may present benefits and negatives; however, the City's requirements have been met; that building a wonderful project to add to the beautiful Downtown is eagerly anticipated. Commissioner Palmer asked if three units could be converted to one? Mr. Hoyt stated that the three units have a common corridor for access; that only approximately one-third to one-quarter of the area could be used as access to the storage units and elevators must be provided. Commissioner Palmer asked if the condominium declarations can prohibit conversion? Mr. Freedman stated yes. Mayor Martin stated that conversion would include three kitchens and six bathrooms. Mr. Hoyt stated that the utility pipes cannot be moved. Commissioner Palmer stated that including a prohibition of conversion in the condominium documents should preclude any conversion; that a question is the manner to ensure a vendor will occupy the area on the ground floor corner; that the preference is the City not be involved. Mayor Martin stated that the concern is the area will become dead space; that a better use of the space may exist. Mr. Hoyt stated that the area will open up the vista on the corner; that a vendor cart could add to the activity; that the open space opens up the corner architecturally. Commissioner Palmer stated that a piece of Public Art could be placed in the area. Mr. Freedman stated that placing Public Art in the area is an interesting idea; that the hope is the proposed project will be well received by the neighbors and residents; that the Owners will not allow the space to be undesirable. Mr. Hoyt stated that the hope is the Commissioners will agree a retail cart vendor is good. Commissioner Palmer stated that the contention retail would not work in the location but a vendor cart would work is not understood. Mr. Hoyt stated that a cart vendor would not be required to pay expensive rent; that the area would be more of a park setting rather than a retail door. Commissioner Palmer stated that the area should benefit the pedestrian concept. Mr. Freedman stated that a provision can be Public Art will be placed in the area if a cart vendor is not successful after two years. Mr. Hoyt stated that the provision will give the City oversight through the Public Art process. Vice Mayor Servian stated that placing a cart vendor in the area is not supported; that the area will become a hangout for vagrants; that no window exists to view activities in the area. Mr. Hoyt stated that a window should be included if a vendor does not occupy the space. Vice Mayor Servian agreed; that the corner is problematic; that a cart vendor will not add to the ambiance of the building; that the area should provide more visibility and art should be placed in the area. Mayor Martin stated that a concern is shared regarding managing vagrancy and negative issues; that visibility on corners should be maintained. Commissioner Palmer asked if additional glass and Public Art at a cost consistent with commercial development can be installed in the area? Mr. Hoyt stated yes. Commissioner Palmer asked if the recommendation regarding the Applicant bearing the entire cost of reconfiguring the median on Gulf Stream Avenue is supported? Mr. Freedman stated yes. BOOK 58 Page 29572 01/03/05 2:30 P.M. BOOK 58 Page 29573 01/03/05 2:30 P.M. Mayor Martin requested that the Affected Persons come forward for rebuttal. Mr. Foley stated that moderately priced housing is a relative term in Sarasota; that the Commission must decide if a project with the proposed high price range is desired Downtown; that a question is if the arcade is not built at the beginning of the project; that the idea is to fill in the block with arcades; that arcades could be installed in stages during future building; that the arcade will diminish the look and feel of the area until the block is further developed; that the proposed project is an ambitious attempt to do as much as possible with a small site; that developing one parcel and foregoing development of the other three for the time being may be oroblematic; that many residents do not desire any growth; that a larger building which is in more balance with more retail and moderately priced condominiums which add more value to other residences would be supported; that the arcade will detract from the pedestrian experience; that a concession regarding immediate construction of the arcade is requested. Ms. Bowie stated that rather than completely eliminating a cart vendor, the location can be changed to the north side of the building on Main Street sO a flower stand, for example, could operate adjacent to the existing retail; that a glass curvilinear wall would be helpful for crime prevention. Mayor Martin requested that Staff come forward for rebuttal. Mr. Parsons stated that the focus of the DROD is not necessarily to provide affordable housing; that elements of the DROD address affordable housing including a contribution to the Affordable Housing Trust Fund and units under 1,250 square feet; that the unit size restriction will result in more moderately priced units; that gaps created by the construction of arcades will fill in over time as redevelopment occurs; that a Downtown Traffic Committee should be discussed; that recontiguring the median on Gulf Stream Avenue must be further discussed; that a maintenance agreement incorporated in the Encroachment Agreement must be further discussed; that adding windows on the ground floor must be discussed. Mr. Daughters stated that Staff's Tuesday morning meetings can suffice as a Downtown Traffic Committee; that citizens can and have attended the meetings to provide input; that the meetings have been successful; that a median opening on Gulf Stream Avenue at the alley is not supported at this time; that a median opening should be at the intersections on Main Street and Cocoanut Avenue for safety; that the median opening would be close to the southbound Gulf Stream Avenue left turn lane to Main Street; that a median opening will require removal of all the vegetation on the median for the cut through and the clear sight distance; that Staff will consider the reconfiguration options and report back to the Commission. Mayor Martin stated that a good case has been made regarding further analysis. Commissioner Atkins asked if rounding off the corner of the building can be required at this time? City Attorney Fournier stated that the addition of a window is not problematic; however, changing the structure would require submittal of a new site plan. Mayor Martin stated that the focus should be on changes which can reasonably be made with the current site plan; and asked if incorporating the maintenance agreement in the Encroachment Agreement should be discussed further? City Attorney Fournier stated that one agreement would be more efficient from time and cost perspectives; that if the Commission approves the proposed project, proposed Resolution No. 05R-1815 will require significant modification regarding matters which were unknown at the time of preparation; that the only real concern is a particular concept plan must be identified if the improvements to - Gulf Stream Avenue are recommended; that the intent is to ensure, Staff has reviewed and approved a plan which will be incorporated in proposed Resolution No. 05R-1815 if made a condition. Mayor Martin stated that a concept plan could be made a condition of proposed Resolution No. 05R-1815 which would indicate a forthcoming concept plan. City Attorney Fournier stated that a concept plan would be appended; that the understanding is Staff has not had an opportunity to review the reconfiguration plan for the median; that the concept plan would be tied to construction of the improvements in accordance with the particular plan which could be appended in a sketch form. BOOK 58 Page 29574 01/03/05 2:30 P.M. BOOK 58 Page 29575 01/03/05 2:30 P.M. Commissioner Palmer asked if all the indicated conditions are known? City Attorney Fournier stated that four significant conditions were discussed: 1. Improvements to Gulf Stream Avenue; 2. Improvements to the north side of the building; 3. Restriction in the condominium documents regarding prohibiting conversion of the three smaller units; and 4. Incorporation of a window and Public Art in the corner space. Mayor Martin asked the time the incorporation of the maintenance agreement into the Encroachment Agreement will be addressed? City Attorney Fournier stated that an agreement can be presented for review at the time the proposed Resolution is brought back as a Consent Agenda or Unfinished Business Item on a future Commission Agenda; that direction should be given to the City's Attorney's Office to come back with an Encroachment Agreement which would be comprehensive and incorporate the maintenance requirements in one document and a resolution with the four conditions added. There was no one else signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 05R-1815 by title only. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve proposed Resolution No. 05R-1815 for bringing back to the Commission for adoption with the incorporation of the four conditions as follows: 1. Improvements to Gulf Stream Avenue; 2. Improvements to the north side of the building; 3. Restriction in the condominium documents regarding prohibiting conversion of the three smaller units; and 4. Incorporation of a window and Public Art in the corner space. Commissioner Palmer stated that the proposed project meets many of the ideals in the Downtown Master Plan 2020; that additional residential density is provided; that the required frontage is provided with the addition of Public Art; that the high cost of the units is a concern; however, cost is not a determining factor for approval; that the project must meet all codes; that the type or cost of a project cannot be determined by the Commission unless the City is involved in the investment; that an affordable housing project in the area is difficult as the property is expensive; that the proposed project does not provide retail space which is a disappointment; however, the proposed project meets the CCBD Zone District requirements which were in place at the time the application was filed; that providing retail space would be the desire. Commissioner Palmer continued that the contributions to the Affordable Housing and Transit Development Trust Funds are a concerni that the Administration has been requested to report to the Commission as soon as possible with additional recommendations concerning increasing the contribution amounts which has not yet happened; that the understanding is the CRA Advisory Board has been discussing the issue and working with a consultant; that a number cannot be manufactured without a basis; however, $2,500 for the Affordable Housing Trust Fund and $1,000 for the Transit Development Trust Fund for each unit is not sufficient; that the Administration is on notice regarding the concern is a change has not yet been made; that the indication was made another project was upcoming with a request for additional density and increasing the contribution amount significantly was the Commission's desire prior to approval of the current proposed project; that the additional parking and the reconfiguration of the Gulf Stream Avenue median are excellent proffers; that on balance, approving the proposed project is appropriate. Commissioner Bilyeu stated that the proposed project is intriguing for a small piece of property; that the proposed project is good; that the Commission cannot dictate the price of units; that the Commission is limited to acting according to codes and regulations; that the lack of retail is not a concern as the current retail businesses will be relocated in the City; that the project is supported; that no discussion regarding the height is surprising but good; and wished the Applicant good luck. Vice Mayor Servian stated that the project is not supported; that the project overall is good; however, the additional density request at the location is not supported; that the intention of the DROD was to attempt to have additional smaller units in the BOOK 58 Page 29576 01/03/05 2:30 P.M. BOOK 58 Page 29577 01/03/05 2:30 P.M. City sO people will live in the City full time; that $2 million to $3 million penthouses will not accomplish the goal; that the increase in density provides $20 million to $24 million in salable penthouses. Mayor Martin stated that the proposed project is supported; that the success of the arcades may be a concern for the Downtown; that continued development of arcades will serve the City well; that retail use will continue to increase; that the DROD is to create additional housing in the Downtown; that attracting full time residents is a concerni that policies cannot be established to engineer particular housing; that conversations with the Administration and Staff indicate the delay in issuing a Request for Proposals for a consultant to address the Affordable Housing and Transit Development Trust Funds was not anticipated; that correspondence should be copied to the Commissioners to provide up-to-date information; that the proposed project is exciting; that the architecture is interesting; that the proposed project is an element which will serve well to contribute to the vitality and people living Downtown. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote approve proposed Resolution No. 05R-1815 for bringing back to the Commission for adoption with the incorporation of the four conditions as Eollows: 1. Improvements to Gulf Stream Avenue; 2. Improvements to the north side of the building; 3. Restriction in the condominium documents regarding prohibiting conversion of the three smaller units; and 4. Incorporation of a window and Public Art in the corner space. Motion carried (4 to 1): Martin, yes; Palmer, yes; Servian, no; Atkins, yes; Bilyeu, yes. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to continue Agenda Item No. XVII-2 regarding the 1301 Main Street Major Encroachment Agreement as revised to the time proposed Resolution No. 05R-1815 as revised is presented. Mayor Martin asked if proposed Resolution No. 05R-1815 will be brought back at the January 18, 2005, Regular Commission meeting? City Attorney Fournier stated that finalizing the agreement may take longer; that Staff must review the consequences of the proposed improvements to Gulf Stream Avenue. Mayor Martin called for a vote on the motion to continue Agenda Item No. XVII-2 regarding the 1301 Main Street Major Encroachment Agreement to the time proposed Resolution No. 05R-1815 as revised is presented. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 8:37 There was no one signed up to speak. The Commission recessed at 8:37 p.m. and reconvened at 8:46 p.m. 19. NEW BUSINESS: DISCUSSION RE: UNIVERSITY DISTRICT CONCEPT REFERRED THE RECOMMENDATION OF AN APPROPRIATION OF $20,000 TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM XVII-1) CD 8:37 through 9:05 Mayor Martin stated that the item concerns the University District Concept; and distributed his January 3, 2005, memorandum to the Commission concerning a North Tamiami Trail Plan including the following attachments: Concept Paper - University Corridor Report of. the June 3 2004, meeting concerning the University Corridor Concept Plan September 2, 2004, Paper entitled "Tell Us Your Visions for the University District, 1 including the results of a planning exercise by the Florida House Institute for Sustainable Development, the Young Professionals Group, and the University of South Florida - A draft of a document entitled "A Vision for the North Tamiami Trail" presented by the Coalition of North Trail Neighborhoods, including Bayou Oaks, Central Cocoanut, Indian Beach Sapphire Shores, and Tahiti Park Mayor Martin continued that a summary is provided in the January 3, 2005, memorandum of the idea of the next steps; that several meetings concerning the development of a North Trail BOOK 58 Page 29578 01/03/05 2:30 P.M. BOOK 58 Page 29579 01/03/05 2:30 P.M. concept plan were conducted including an event in cooperation with the University of South Florida and the Young Professionals Groupi that stakeholders in the area have come forward; that included in the memorandum is a list of positives in moving forward as a City and partnering with other groups; that three previous studies are listed in the memorandum; that significant concurrence exists regarding people's vision for North Tamiami Trail. Mayor Martin continued that issues of divergence and questions regarding the boundaries exist; that the idea is to create a dynamic district or corridor; that the University Corridor District is a working title; that some people are not comfortable with the term University Corridor District as cultural venues also exist; that a concern is the University District should not be apart from the Cultural District; that the initial idea was to include seven entities: Florida State University, New College, Ringling School of Art and Design, the University of South Florida, the City of Sarasota, Sarasota County, and Manatee County; that the concept is to form a partnership and fund and develop a master plan; that the question is if the seven partners can appropriate $20,000 each and identify other funding to develop a master plan; that the University of South Florida and the Ringling School of Art and Design have each appropriated $20,000; that hearing the Commission's interest in appropriating $20,000 to take the lead as a government agency is desired; that New College is waiting for the City's commitment and will contribute; that Manatee County Commissioner Ron Getman has not yet fully discussed the issue with the Manatee County Commission; that Manatee County Administrator Ernie Padgett generally supports the concept; that Sarasota County Administrator James Ley is supportive of the concept recognizing the regional impact; that Sarasota County Commissioners Jon Thaxon and Paul Mercier support the concept; that the Ringling School of Art and Design will act as the fiscal agent; that the University District may work with some synergy with development of the Dr. Martin Luther King, Jr. corridor and the City of Sarasota-Newtown Comprehensive Redevelopment Plan through 2020 Newtown Redevelopment Plan) and the Neighborhood Action Strategies; that the suggestion is to place the appropriation of $20,000 on a future Commission Agenda. Commissioner Palmer stated that the report is excellent; that the report indicates the exact direction included in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), which was to have a North Trail Master Plan completed by 2001; that the importance of a Strategic Plan has previously been discussed; that the City should be in a partnership as indicated in the concept report; that participation is encouraged; that the Administration should be directed to bring back a recommendation as to the involvement of the City and funding; that delaying action is not the desire if Commission support and input from the Administration are available; that the Dr. Martin Luther King, Jr. corridor should be considered in the concept plan; that the Newtown Redevelopment Plan must be included; that the area from Manatee County to the Cultural District should be included; that the Gateway 2000 concept which was initiated by a previously established group was not completed; that the University District Corridor concept is excellent and supported. Commissioner Atkins stated that the City has been working for 20 years to implement a plan for the North Tamiami Trail area; that many pieces to the puzzle exist; that attempting to reach agreement with all involved will be an ordeal; that the west side of US 41/Tamiami Trail has always been a hindrance to anything happening along North Tamiami Trail; that the possibilities are exciting; the immediate appropriation of $20,000 is supported as the concept plan is important to the City. Mayor Martin that the appropriation and participation will energize the effort. Commissioner Palmer stated that action concerning the appropriation cannot be taken at the current meeting. Mayor Martin stated that the Administration can recommend approval of an appropriation at a future meeting. Vice Mayor Servian stated that having the Administration report back to. determine the manner to appropriate the funds is supported; that the concept plan is a significant step forward; that the Mayor's leadership is commended; that the project is wonderful with excellent stakeholders; that the individuals working on the Newtown Redevelopment Plan should be involved; that the Commission should move forward with the University District Corridor concept. Mayor Martin stated that involving the Newtown Redevelopment Planning Staff was indicated in the concept plan report although not mentioned during the presentation; that the Evaluation and Appraisal Report previously identified the need for a North Trail Plan which is being considered by Staff; that similarly, the Florida Scenic Highway Program may participate in potential funding for some of the signage; that the support is appreciated. BOOK 58 Page 29580 01/03/05 2:30 P.M. BOOK 58 Page 29581 01/03/05 2:30 P.M. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to refer the recommendation of an appropriation of $20,000 to the Administration for a report back. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 20. OTHER MATTERS Vice Mayor Servian: A. stated that a request is to place on the January 18, 2005, Regular Commission meeting Agenda an item to increase the amount contributed to the Atfordable Housing and the Transit Development Trust Funds for the projects receiving the benefit of increased density in the Downtown Residential Overlay District to three percent of the sale price of the units; that six percent in real estate fees is currently paid; that three percent is a modest amount to request; that if a decision is not reached, a moratorium should be placed on applications until the issue is resolved. Mayor Martin agreed. Commissioner Palmer stated that an amount should be determined for the Transit Development Trust Fund also. Vice Mayor Servian stated that the three percent will be split between the Affordable Housing and Transit Development Trust Funds; that three percent was not arbitrarily chosen; that six percent is currently being paid on real estate commisslons and is factored into the cost of doing business; that a factor for an additional three percent will also be considered in the cost of doing business; that during a trip to Vancouver, Canada, a request for increased density carried a ten percent fee of the sale price of every unit; that the City is missing a significant opportunity to increase the Affordable Housing and Transit Development Trust Funds to help with the affordable housing issue and Downtown transportation. Mayor Martin agreed and stated that the fee would be proportionate to the sales price of the individual unit. Vice Mayor Servian stated that is correct; that a static amount will not be imposed; that a $2,500 fee for a $2.7 million unit is laughable; that a percentage basis is fair. Mayor Martin stated that Staff is working on a formal analysisi; that the status of the analysis is not known; that utilizing an amount of three percent is appropriate. Vice Mayor Servian stated that the process is being overcomplicated; that a Request For Proposals and consultant are not necessary. Mayor Martin agreed. Commissioner Palmer stated that the consultant is addressing more than the Downtown Residential Overlay District; that other issues regarding affordable housing such as using funds to offset costs for land trusts will be addressed. Mayor Martin stated that further information is required; that hearing no objections, the Commission's consensus is place the amount of the contribution fee on the January 18, 2005, Regular Commission meeting. Commissioner Palmer stated that the regret is the fees were not established sooner; that the fees for the proposed 1301 Main Street Condominium project are ridiculous. Mayor Martin stated that the Commission must move forward. 21. ADJOURN (AGENDA ITEM XVIII) CD 9:05 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of January 3, 2005, at 9:05 p.m. Ruke dlarhr RICHARD F. MARTIN, MAYOR ATTEST: Buily E Robenger BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 58 Page 29582 01/03/05 2:30 P.M.