BOOK 49 Page 20921 04/16/01 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 16, 2001, AT 6:00 P.M. PRESENT: Mayor Albert F. Hogle, Vice Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: PROCLAMATION OF THE CITY OF SARASOTA PROCLAIMING THE MONTH OF MAY 2001 AS "BIKE MONTH" IN SARASOTA, AND MAY 12, 2001 AS "BICYCLE STREET FESTIVAL DAY" #1 (0023) through (0119) Mayor Hogle stated that the national non-profit Bicycling Safety and Education Association and the League of American Bicyclists has declared the month of May as National Bike Month for each of the last 44 years and has done sO again in the year 2001; invi.ted John Hartung, Engineering Technician IV/City Bicycle Coordinator, to come before the Commission table to receive the Proclamation; and read in its entirety the Proclamation designating May 2001 as Bike Month in Sarasota and May 12, 2001, as Bicycle Street Festival Day. Mr. Hartung stated that the position of City Bicycle Coordinator involves representing the City at the Sarasota County Bicycle/Pedestrian Committee meetings; that the County is hosting Bicycle Street Festival Day; that the hope is everyone will attend. 2. PRESENTATION RE: : PROCLAMATION OF THE CITY OF SARASOTA PROCLAIMING THE MONTH OF MAY 2001 AS "JOHN RINGLING MONTH" #1 (0119) through (0233) Mayor Hogle requested that Martin Rappaport, Executive Director of the St. Armands Commercial Landowners Association come before the Commission table to receive the Proclamation; and read in its entirety the Proclamation designating May 2001 as John Ringling Month. Mr. Rappaport welcomed new Commissioners Martin and Palmer and stated that the hope is the proposed John Ringling statue will be the beginning of many capital improvements at St. Armands Key; that the St. Armands Commercial Landowners Association, the St. Armands Residents Association, the St. Armands Merchants Association, and the City have been working together to construct plans which will become reality within the next few years. 3. PRESENTATION RE: PROCLAMATION OF THE CITY OF SARASOTA IN RECOGNITION OF APRIL 27, 2001 AS "ARBOR DAY" #1 (0233) through (0308) Mayor Hogle requested that Commissioner Quillin join him at the Commission table to make the presentation. Commissioner Quillin stated that Arbor Day is important and of personal interest; and read in its entirety the Proclamation designating April 27, 2001, as Arbor Day. 4. PRESENTATION RE: PROCLAMATION OF THE CITY OF SARASOTA PROCLAIMING THE WEEK OF APRIL 16 TO 20, 2001 AS "COMMUNITY DEVELOPMENT WEEK" #1 (0308) through (0400) Mayor Hogle stated that the proclamation is in celebration of the Community Development Block Grant and HOME Partnership Investment Act (HOME) Programs within the City; and requested Vice Mayor Mason, Donald Hadsell, Director of Housing and Community Development, and Willie Mae Sheffield, Executive Director, Sarasota County Educational Assistance Program (SCEAP), join him at the Commission table for the presentation. Vice Mayor Mason read in its entirety the Proclamation designating April 16 to 20, 2001, as the City of Sarasota Community Development Week. Ms. Sheffield congratulated Commissioners Martin and Palmer for the sucçessful campaign and Mayor Hogle and Vice Mayor Mason for selection as Mayor and Vice Mayor; and stated that the City is thanked for supporting the SCEAP and assisting in developing a BOOK 49 Page 20922 04/16/01 6:00 P.M. BOOK 49 Page 20923 04/16/01 6.:00 P.M. beautiful and safe community; that the efforts of the Commission are appreciated. 5. PRESENTATION RE: MAYOR'S CITATION TO THE LUDWIG - WALPOLE COMPANY FOR OVER 50 YEARS OF CONTINUOUS OPERATION OF A FAMILY BUSINESS #1 (0400) through (0546) Mayor Hogle stated that the City is pleased and honored to recognize businesses in the City which have been in the same family ownership for at least 50 years; and requested that Commissioner Palmer and, Gerald Ludwig, Jr., and Robert Ludwig, present in the audience join him at the Commission table for the presentation. Commissioner Palmer stated that the Ludwig family has been involved with the community for many years; that presenting the proclamation is a pleasure; that the Ludwig-Walpole Company contributes significantly to the economic vitality of the City; that the contributions of the Ludwig family to the local community are appreciated; read in its entirety the Mayor's Citation; and presented the Mayor's Citation recognizing the Ludwig family for over 70 years of continuous operation of the Ludwig-Walpole Company as a family business since its founding in 1928 in the City and indicating appreciation of the efforts the Ludwig family put forth to operate a quality family business in the City. Commissioner Palmer continued that Mr. R. Ludwig is a fellow member of the Sarasota Chamber of Commerce Leadership Sarasota Class of 2001; that Gerald Ludwig, Sr., was Mayor of the City in 1971 and a Commissioner in the 1960s and 1970s. Mr. G. Ludwig, Jr., stated that Gerald Ludwig, Sr., came to the City in 1917, grew up behind Toale Brothers Funeral Home on Adelia Avenue, and attended Sarasota High School; that the business community questioned the move in 1955 to 300 South Orange Avenue as being far from Downtown at the time, a fact that has changed dramatically in recent years; that the City is a good place to live. Mr. R. Ludwig stated that the Commission's recognition of local businesses by the City is wonderful; that participating in the Leadership Sarasota Executive Committee of the Greater Sarasota Chamber of Commerce with Commissioner Palmer is an excellent experience; that the desire is to return to the community, through local service, the benefits received from growing up in the City. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0546) through (0594) Mayor Hogle stated that the viewing audience at home should visit the new Commission Chambers which are wonderful; that the audio and visual aids are becoming near to perfect. City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove New Business Item No. VIII-2, Board Appointment Re: Community Development Advisory Committee, per the request of Donald Hadsell, Director of Housing and Community Development. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): : Martin, yes; Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. The Commission recessed and convened into a Special Session as the Community Redevelopment Agency at 6:20 p.m. and reconvened at 6:27 p.m. 7. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF MARCH 19 AND APRIL 2, 2001 APPROVED (AGENDA ITEM I-1 AND -2) #1 (0594) through (0611) Mayor Hogle asked if the Commission had any changes to the minutes? Mayor Hogle stated that hearing no changes, the minutes of the March 19 and April 2, 2001, Regular Commission meetings are approved by unanimous consent. 8. BOARD REPORT RE: PUBLIC ART COMMITTEE'S MEETINGS OF FEBRUARY 15, 2001, AND' MARCH 13, 2001 APPROVED EXPENDITURES FROM THE PUBLIC ART FUND OF: 1) $2,000 TO PURCHASE PLAQUES AND ASSOCIATED COSTS, 2) $1,563 TO REPAIR THE ARTWORK ENTITLED "GARDEN SCULPTURE 3" AND TO MOVE THE SCULPTURE TO THE TRIANGLE AT THE INTERSECTION OF PINEAPPLE AND LEMON AVENUES SUBJECT TO APPROVAL BY : THE ENGINEERING DEPARTMENT AS TO PLACEMENT, AND 3) $15,000 FOR THE ACQUISITION OF PUBLIC ART ENTITLED "THE RUNNERS" BY ARTIST JORGE BLANCO; APPROVED AN EXPENDITURE OF $2,000 FROM THE BOOK 49 Page 20924 04/16/01 6:00 P.M. BOOK 49 Page 20925 04/16/01 6:00 P.M. MILLENNIUM FUND FOR PREPARATION OF A PROPOSAL FOR PUBLIC ARTWORK IN THE CITY HALL ATRIUM; AND RECEIVED REPORTS (AGENDA ITEM II) #1 (0611) through (2405) Pamela Sumner, Chairman, Public Art Committee, and John Burg, Chief Planner, Planning and Development Department, came before the Commission. Ms. Sumner reported the following items from the February 15 and March 13, 2001, meeting of the Public Art Committee: A. Public art work donation program Ms. Sumner stated that on December 6, 1999, the Commission approved a policy providing future donated or purchased public art works will include a plaque of standard format provided by the City indicating the title of artwork, the donor's and/or purchaser's name, the artist's name, and the date of commission or donation; that bronze plaques are being placed on all artwork in the City for identification; that each plaque costs approximately $200 including the concrete bases installed by the Public Works Department; that rather than approaching the Commission with each separate request, the request is to authorize up to $2,000 from the Public Art Fund for the purchase of approximately ten plaques during the next year. Ms. Sumner continued that on February 15, 2001, the Public Art Committee unanimously passed a motion to recommend to the Commission a $2,000 expenditure be approved to support the public art donation program; that the funds would provide for the materials and installation of bronze plaques and some costs associated with the installation of bases for approximately ten sculptures. City Manager Sollenberger stated that the Administration recommends a motion to approve the recommendation of the Public Art Committee for the expenditure of $2,000 to support the public artwork donation program including the purchase of plaques and the costs associated with the installation of the bases for sculptures from the Public Art Fund. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve the recommendation of the Public Art Committee for the expenditure of $2,000 to support the public artwork donation program including the purchase of the plaques and the costs associated with the installation of the bases for sculptures from the Public Art Fund. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. B. Repair of "Garden Sculpture 3" by artist Doris Leper Ms. Sumner referred to electronically displayed photographs of "Garden Sculpture 3" and stated that the artwork entitled "Garden Sculpture 3" by artist Doris Leper is located in Five Points Park; that the artwork was purchased in the year 2000 after a call to artists, placed in Five Points Park, and dedicated in June 2000; that the artwork suffered damage as the yellow ball was stolen from the piece; that at the November 6, 2000, Regular Commission meeting, the Commission authorized an expenditure to replace the yellow ball; that the artwork was further vandalized before the yellow ball could be replaced; that American Architectural Graphics, the original fabricators of the artwork, were approached for a repair estimate; that the artist is no longer living; that the estimated cost of the extensive repairs is $1,563 which is reasonable. Ms. Sumner continued that the desire is to relocate the artwork; that the recommended area is the triangle at Pineapple and Lemon Avenues in which the Huntington Bank building and the Pineapple Park Fountain are adjacent; that the area recommended has good visibility and is much less susceptible to vandalism than Five Points Park; that the site is designated for reconfiguration in the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020); that the artwork can be placed in the area now and moved at a later date if necessary; that the work would be placed to accommodate safe lines of sight for drivers at the nearby stop sign; that the relocation was discussed at the April 4, 2001, Public Art Committee meeting, after site approval was received from the Engineering Department, that the hope is the Commission will include approval of the site with approval of the recommended repairs. Ms. Sumner Eurther stated that at the February 15, 2001, meeting, the Public Art Committee voted unanimously to accept the proposal from American Architectural Graphics to repair the sculpture entitled "Garden Sculpture 3" by artist Doris Leper and recommend the Commission accept the proposal for the repairs in the amount of $1,563 from the Public Art Fund; that at the April 4, 2001, meeting, the Public Art Committee voted BOOK 49 Page 20926 04/16/01 6:00 P.M. BOOK 49 Page 20927 04/16/01 6:00 P.M. unanimously to recommend to the Commission the artwork be relocated to the median triangle at Pineapple and Lemon Avenues; that the sculpture will be installed in compliance with the concerns and requirements of the Engineering Department. Commissioner Quillin asked if American Architectural Graphics is the same company replacing the yellow ball stolen from the sculpture? Ms. Sumner stated yes. Commissioner Quillin asked the cost of replacement of the yellow ball? Ms. Sumner stated that the cost was $1,295, which was approved at the November 6, 2000, Regular Commission meeting and included transportation and installation. Mr. Burg stated that the shipping cost will be applied to the additional repairs. Commissioner Quillin asked the cost of the artwork? Mr. Burg stated that the original artwork cost $17,000. Commissioner Quillin stated that the artwork is no longer an original piece of artwork due to the vandalism; that the hope is the Public Art Committee can return to the Commission with some criteria to limit vandalism; that the public artwork entitled "Big Red" has been removed to damage. Ms. Sumner stated that vandalism problems exist in the Five Points Area; that the Jack Dowd artwork, entitled "S Sumo Wrestler, I previously located in front of the Bijou Cafe was badly damaged and recently repaired; that the solutions are unknown; that lighting in the area has been increased; that Public Work facilities also have suffered from vandalism in the same area. Commissioner Quillin stated that vandals of public art should be prosecuted to the fullest extent of the law; that public art is for the enjoyment of the community; that the artwork is delightful; that the vandalism of public art is distressing; that Big Red was placed in an undesirable location near bars and was vandalized; that the public art in the City consists of wonderful pieces which should have a life span of more than a few months. Mayor Hogle stated that a report concerning protection of public art should be provided; that hearing the consensus of the Commission, the City Attorney and Chief of Police are requested to provide a report concerning recommendations to protect public art. Vice Mayor Mason stated that the identity of the vandals is unknown; however, a report from Staff is supported; and asked the cost of transporting "Garden Sculpture 3"? Mr. Burg stated that the transportation cost is included in the first fee for the replacement of the yellow ball; that the sculpture has already been moved to the fabricator and will be reinstalled after repairs. City Manager Sollenberger stated that the Administration recommends a motion to approve the expenditure from the Public Art Fund of $1,563 to repair the artwork entitled "Garden Sculpture 3"; that the recommendation to move the sculpture had not been previously heard; however, the recommendation. is to approve the move subject to review and approval by the Engineering Department as to placement of the sculpture. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve the expenditure from the Public Art Fund of $1,563 to repair the artwork entitled "Garden Sculpture 3" and move the sculpture to the triangle at the intersection of Pineapple and Lemon Avenues subject to review and approval by the Engineering Department as to placement of the sculpture. Commissioner Martin stated that the understanding was the Engineering Department had already approved the location. Ms. Sumner stated that is correct. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. C. Acquisition of public art entitled "The Runners" by artist Jorge Blanco Ms. Sumner stated that beginning in July 1999 with a deadline of November 1, 1999, the Public Art Committee issued a formal call to artists seeking inexpensive to moderately-priced works for sale; that more than 400 submittals primarily from regional artists were received and reviewed; that the selection was narrowed to 15 proposals; that the six pieces approved for purchase by the Commission were dedicated in June 2000; that BOOK 49 Page 20928 04/16/01 6:00 P.M. BOOK 49 Page 20929 04/16/01 6:00 P.M. interest was retained in the remaining pieces; that one such piece was entitled "The Runners" by artist Jorge Blanco which was previously unaffordable. Ms. Sumner continued that Jorge Blanco and his wife Elena Blanco now reside in the City; that Mr. Blanco's work was recently displayed in the 2000 Sarasota Season of Sculpture Exhibition on the Bayfront; that Mr. Blanco was trained in Caracas, Venezuela, and Rome, Italy, has had a successful career in graphic design and cartooning as well as sculpture, and was a consultant for art and design at the Children's Museum of Caracas, Venezuela; that Mr. Blanco's work is regularly exhibited in the United States, Europe, and South America; that Mr. Blanco represented Venezuela in an international art exhibition in Florence, Italy, in 1999, has been decorated by the Venezuelan government, has received awards for work in Venezuela and Italy, and has received awards for humor in art from Italy, Bulgaria, Canada, Belgium, and Portugal; that Mr. Blanco's recent commissions include sculpture for the McDonald's corporate offices in Caracas and two commissions in Tokyo, Japan; that the Public Art Committee asked Mr. Blanco if he would be interested in proposing a work for the Cityi that a generous offer has been made by Mr. Blanco who has requested his representative wave normal fees and is forgoing personal fees and is offering to create a new piece of artwork for the City at cost which is a wonderful show of commitment to his adopted city. Ms. Sumner displayed a model of the artwork; referred to illustrations in the Agenda backup material; and stated that on November 21, 2000, the Public Art Committee made a motion to recommend to the City Commission the acquisition of public art entitled "The Runners" by artist Jorge Blanco which consists of three bright yellow figures 79 inches high, 45 inches wide, and 20 inches deep, costing $3,900 each; that the figures are fabricated from enameled aluminum with steel plates. Ms. Sumner referred to an electronically displayed photograph of the proposed site and stated that on February 15, 2001, the Public Art Committee unanimously voted to approve a site for "The Runners" in the median of US 41, at the crest of the hill, fronting the Renaissance of Sarasota, with the placement acceptable to the artist; that the area is prominent; that the site has been approved by the - Florida Department of Transportation (FDOT) upon formal application of a right-of-way use permit; that enthusiastic approval was received from the neighboring Renaissance of Sarasota; that at the November 21, 2000, meeting, the Public Art Committee unanimously voted to recommend to the Commission the acquisition of three of the pieces entitled "The Runners" at a cost of $3,900 each. Commissioner Quillin asked if three additional pieces may be purchased? Ms. Sumner stated that the artist suggested seven or eight pieces; that the artwork may be a likely means for future corporate participation in the City's public art program. Commissioner Quillin stated that an additional space is available on the median; that the median is at a crest of a hill which is a good location for public art; and asked if the Renaissance of Sarasota has been requested to participate? City Manager Sollenberger stated that the Renaissance of Sarasota is exempted from the public art requirement as art is being provided on the site. Commissioner Quillin stated that the "The Runners " is delightful, lovely, and whimsical. Commissioner Martin asked the required maintenance of the artwork? Mr. Blanco came before the Commission and stated that the paint enamel is similar to vehicle paint; that the paint is strong and a bright color. Commissioner Quillin stated that a requirement of the City is to investigate maintenance requirements prior to the purchase of artwork; and asked the recommendation for maintenance? Mr. Blanco stated that water can be used to clean the artwork; that the artwork may require a touch-up in two years. Commissioner Quillin stated that the artwork can be placed into a regular maintenance schedule such as waxing. Mr. Blanco agreed. City Manager Sollenberger stated that the Administration recommends approval of the Public Art Committee's recommendation for the acquisition of public art entitled "The Runners" by artist Jorge Blanco for a total amount not to exceed $15,000, including the purchase of the sculptures, installation of the bases, and the purchase of a plaque from the Public Art Fund. BOOK 49 Page 20930 04/16/01 6:00 P.M. BOOK 49 Page 20931 04/16/01 6:00 P.M. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to approve the recommendation of the Public Art Committee for the acquisition of public art entitled "The Runners" by artist Jorge Blanco for a total amount not to exceed $15,000 including the purchase of the sculptures, installation of the bases, and the purchase of a plaque, from the Public Arts Fund. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes; Hogle, yes. Commissioner Martin asked the schedule for installation of the artwork? Mr. Blanco stated the artwork can be completed in approximately four months. Commissioner Quillin stated that three more pieces would be wonderful; that citizens who would like to contribute funds toward additional pieces may contact Staff; that the efforts of Mr. Blanco are appreciated. Mr. Blanco stated that the opportunity to provide artwork for the City is appreciated; that the City is loved; that the community is welcoming. Commissioner Quillin asked if a model of the artwork can be displayed at City Hall? Commissionèr Palmer stated that drawings could accompany the model. Ms. Sumner and Mr. Blanco agreed. D. Proposal for City Hall Atrium work Ms. Sumner stated that in the fall of 2000, the City Manager at the informal request of the Commission requested the Public Art Committee pursue artwork for the City Hall Atrium with the suggestion of a suspended sculpture or mobile incorporating colorful glass; that Ray King, a glass artist, was suggested; that Mr. King was one of three finalists of 223 submittals in a call for artists by Sarasota County in 1997 which was reviewing artwork for the interior of Selby Public Library; that national, regional, and local artists were included in the 223 submittals; that Mr. King is from Philadelphia, is an. artist with excellent credentials, has been exhibiting and winning awards since 1976, has won international competitions, and has been awarded dozens of commissions around the world. Ms. Sumner referred to electronically displayed photographs of Mr. King's artwork and stated that Mr. King's artwork is located in 21 states and Washington, D.C., as well as seven other countries; that Mr. King's work in Florida includes pieces at the Jacksonville Museum, the University of Central Florida in Orlando, Orlando International Airport, and the Brain Institute in Gainesville; that Mr. King's work is in the National Museum of Art in Washington, D.C., and the Victoria and Albert Museum in London, England; that Mr. King has received numerous grants and awards from the National Endowment for the Arts and Louis C. Tiffany Foundation Fellowship; that Mr. King works in a specialized field of suspended glasswork utilizing industrial glass; that Mr. King's work has artistic merit; that Mr. King is known for producing work of high quality in terms of assembly. and safety. Mr. Burg referred to the following electronically displayed photographs of Mr. King's artwork: Light Wave installed in Rowan College in New Jersey in 1997 Ms. Sumner stated that the piece was created using holographic film sandwiched between layers of industrial glass; that the piece does not move but appears to move; that a different shift of light is reflected with each step taken by the viewer. "Chromatic Pyramids" installed at the Performing Arts Center at the University of Northern Iowa "Double Helical Projections" installed in the Jacobsen Athletic Complex at Iowa State University Ms. Sumner stated that the glass in the components of both pieces is industrial glass; that the technology came from the space program; that dicrohic glass consists of two layers of glass with a thin metallic film; that light bounces at angles to cause a color shift; that the shadows reflected on the wall are a different color than the glass; that "Double Helical Projections" has life without moving. "Elliptic Lens' n installed in the Center for Blectro-Optics and Lasers Building at the University of Central Florida in Orlando in 1997 Ms. Sumner stated that the piece is dicrohic; that each triangle of glass has a pale, milky color; that the colors being seen are BOOK 49 Page 20932 04/16/01 6:00 P.M. BOOK 49 Page 20933 04/16/01 6.:00 P.M. the result of viewing each portion from a different angle; that the piece appears to shift. "Synapse" installed in the Brain Institute at the University of Florida in Gainesville in 2000 "Aurora" installed in the Science Museum of Minnesota in 1999 Ms. Sumner stated that stainless steel nautical fittings were utilized in "Aurora" and will be utilized for the City's proposed artwork. "Philadelphia Beacons" installed on the Avenue of the Arts in Philadelphia in 2000. "Light Star" proposed for the Beth Israel Medical Center in New York City, New York "Wall of Honor" installed in Rennebohm Hall of the School of Pharmacy at the University of Wisconsin in Madison, Wisconsin Ms. Sumner stated that Mr. King uses computer-assisted design to assemble proposals; that a computer program would be created in which a shaft of light coming over the atrium would be calculated for a proposal for the City Hall Atrium; that the proposal would allow the visualization of the piece on a computer; that the proposal system is thorough. Bella Vista Fountain in Lambrusco, Italy, installed in 2000 Ms. Sumner stated that Mr. King was one of ten sculptors chosen from all over the world for the Lambrusco, Italy, site. Ms. Sumner continued that the City's project started with the request of the Commission to the City Manager; that preliminary discussion began in January 2001 with Mr. King and Staff to determine if Mr. King would be available in the City's price range, and had an interest; that Staff conducted a review of Mr. King's work and credentials; that a preliminary budget of $30,000 to $35,000 was discussed; that the information was brought to the Public Art Committee for review at the February 15, 2001, meeting; that the determination was a site visit would be made by Mr. King; that Mr. King visited the City on March 6, 2001 and met with the City Manager, the Director of General Services, the City Auditor and Clerk, the architect for the current City Hall renovations, and Staff; that Mr. King expressed his initial vision for the artwork; that the use of Millennium Funds had been discussed in the past. Ms. Sumner further stated that Mr. King indicated the desire to have the piece take inspiration from the essential ideas and themes associated with the City including water, reflection, the iridescence of fish scales, and the surface of the Gulf of Mexico; that Mr. King discussed the utilization of dicrohic glass with stainless steel fittings of nautical nature; that Mr. King discussed lighting design possibilities with the architect and suggested the existing pool could be redesigned as a shallow reflecting pool to serve as a mirror for the artwork hanging above; that the information from the March 6, 2001, visit was taken to the March 13, 2001, Public Art Committee, which took action to continue to pursue the project and make recommendations to the Commission. Ms. Sumner stated further that at the February 15, 2001, meeting, the Public Art Committee passed a motion with a 4-to-1 vote to accept the recommendation of Staff to consider a proposal for the City Hall Atrium from artist Ray King including the appropriate drawings, models, and photocopies of proposed artwork, appropriate technical descriptions of the work including safety issues, a description of all costs associated with producing and installing the artwork, and a schedule for the installation of the artwork; that the normal review and recommendation process by the Public Art Committee can continue once the proposal is received with the recommendation by Staff and final approval of the Commission. Ms. Sumner stated that at the March 13, 2001, meeting, the Public Art Committee passed a motion with a 3-to-1 vote to recommend to the City Manager the expenditure of $2,000 from the Millennium Fund to have Ray King submit a proposal for the artwork for the City Hall Atrium; that Mr. Haborak dissented and felt a new call for artists should be conducted. Commissioner Quillin stated that the Commission had previously discussed a call for artists with the Public Art Committee; that the 100th Anniversary of the City is approaching; that not having a call to artists was surprising; that a recommendation for a piece of artwork from local artists would have been preferable; that Mr. King's work is not personally visualized for City Hall; and asked the reason a call to artists was not conducted? BOOK 49 Page 20934 04/16/01 6:00 P.M. BOOK 49 Page 20935 04/16/01 6:00 P.M. City Manager Sollenberger stated that the Public Art Committee was directed to discuss the selection of a mobile; however, no Commission discussion ensued concerning a call for artists; that the Public Art Committee indicated the costs associated with a call for artists and the time involved can become demanding. Commissioner Quillin stated that the recommendation to return the discussion to the Public Art Committee should include direction to consider a piece of art such as the mobile in the Selby Public Library; that Mr. King's work is enjoyed but not appropriate for the City Hall Atrium. Mr. Burg stated that Staff conducted research concerning the cost for a new call for artists, which is between $22,000 and $38,000. City Manager Sollenberger stated that the Administration recommends a motion to request a proposal for public art for the City Hall Atrium in accordance with the Public Art Committee's action and to pay the artist $2,000 from the Millennium Fund for preparation of the proposal with the cost of the artist's proposal, design, fabrication, and installation of the art work not to exceed $35,000. Commissioner Quillin asked if a budget will be approved before the proposed artwork is seen? City Manager Sollenberger stated that the proposal can be rejected; that the cost of the proposal is $2,000 which is in contrast to the cost of a new call for artists. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to request a proposal for public art for the City Hall Atrium in accordance with the Public Art Committee's action and to pay the artist $2,000 from the Millennium Fund for preparation of the proposal with the artist's proposal, design, fabrication, and installation of the art work not exceed $35,000. Commissioner Martin stated that Mr. King is recalled as a finalist in the Selby Public Library call for artists and is impressive; that a call for artists takes significant effort; that the invitation of local artists is of concern; that the inclusion of many local artists in the public art program is supported. Commissioner Palmer stated that the comments of Commissioner Martin are supported; that a new call for artists is time consuming and the City lacks Staff for the project; that the cost to the City would be more than budgeted; that the artwork will be attractive and the artist is liked; that the hope is more opportunity will exist for calls for local artists in the future; that use of local artists should be encouraged; that the project is supported. Commissioner Quillin stated that the desire is for a mobile and not a stationary structure; that the glasswork is liked; that the project is signiticant; that the result is disappointing; that a call for artists can be done in the local area or conducted as a competition; that if necessary, more than $35,000 can be spent for an excellent piece as the location is significant; that an exceptional piece of art which moves is desired as previously discussed. Mayor Hogle stated that the proposal is eagerly anticipated. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to receive the report of the Public Art Committee of February 15 and March 13, 2001. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 9. BOARD REPORT RE: SARASOTA SISTER CITIES ASSOCIATION I S REQUEST FOR CONSIDERATION OF A FUTURE SISTER CITY RELATIONSHIP BETWEEN THE CITY OF SARASOTA AND DUNFERMLINE, SCOTLAND, AND ADOPTION OF THE MACPHERSON CREST AS THE SARASOTA TARTAN WHICH IS THE CREST OF J. HAMILTON GILLESPIE, THE FOUNDER OF THE TOWN OF SARASOTA (AGENDA ITEM II-2-A) #1 (2405) through (2895) Hope Byrnes, President of the Sarasota Sister Cities Association, Donald Osborne, and William Wallace, representing the Scottish community, came before the Commission. Ms. Byrnes congratulated the newly elected Commissioners; and stated that the Commission is thanked for the support and cooperation received by the Sarasota Sister Cities Association; that the Sarasota Sister Cities Association is requesting the BOOK 49 Page 20936 04/16/01 6:00 P.M. BOOK 49 Page 20937 04/16/01 6:00 P.M. Commission consider a future sister-city relationship between the City of Sarasota and the City of Dunfermline, Scotland, and the adoption of the MacPherson Crest as the Sarasota Tartan which is the crest of J. Hamilton Gillespie, the founder of the Town of Sarasota, Florida; that many citizens have requested a formal tie with Scotland due to the influence of the Scots in establishing the Town of Sarasota, Florida in 1902. Ms. Byrnes continued that in February 2000, a delegation visited from Dunfermline, Scotland, and appeared before the Commission at the February 5, 2001, Regular Commission meeting; that the delegation recommended to the Fife Council in Duntermline, Scotland, a formal tie to the City of Sarasota due to the many possible business, cultural, and educational ties between the cities; that a group of Scottish citizens has been organized under the direction of Messrs Osborne and Wallace who are ready to build upon the relationship between the cities if the Commission approves. Mr. Osborne stated that a visit was made to Dunfermline, Scotland, in September 2000 to represent the Sarasota Sister Cities Association; that a formal request was made to the Fife Council which was enthusiastic and sent a delegation to the City of Sarasota in February 2001; that the delegation has returned to Scotland and endorsed a twinning of the cities; that the desire is to send a formal delegation to Dunfermline in August 2001 to sign a formal declaration of the formation of a sister- cities association; that subsequently, a delegation would come to Sarasota in November 2002 to sign formal documents; that Dunfermline has a population of approximately 50,000 to 60,000; that the county of Fife has a population of 325,000; that the demographics are similar to the City and County of Sarasota. Mr. Wallace stated that an incredible opportunity for exchanges of education, business, and culture between Dunfermline and Sarasota exists; that the relationship between Dunfermline, which is the capital of the Old Kingdom of Scotland, and Sarasota could be an ongoing, significant relationship; that the approval of the twinning of the cities is eagerly anticipated. Commissioner Quillin asked if a resolution was passed in Dunfermline? Mayor Hogle stated that an electronic mail was received regarding the twinning of the cities; however the attachment had a virus and is being resubmitted. Commissioner Quillin asked if a twinning of cities is passed by resolution? Ms. Byrnes stated that a resolution would be approved at a formal signing; that the formal delegation sent to Dunfermline in August 2001 would sign a resolution which would be returned to the Commission for signing. Commissioner Quillin stated that the timeline is exciting; that the delegation from Sarasota would be visiting Dunfermline in 2001; that the delegation from Dunfermline would visit Sarasota in the fall of 2002 which is the 100th Anniversary of the City; that as a Scot, many citizens of Sarasota are ecstatic to have a sister city and tie to Scotland. Mayor Hogle stated that the twinning of the cities is supported. Mr. Osborne referred to a displayed plaque and stated that the plaque was presented to the Sister Cities Association and is now being presented to the City; and presented the plaque to Mayor Hogle. Commissioner Martin asked to view the proposed tartan. Mr. Osborne stated that the MacPherson Tartan will be presented to the Commission to consider adoption as the official tartan of the City of Sarasota ata later date. Commissioner Palmer stated that the twinning is wonderful; that the position of Mayor was held at the time the Asolo Theater, which was moved from Dunfermline, was dedicated in 1990; that continuing the relationship with Dunfermline is sensible and supported. City Manager Sollenberger stated that the Administration recommends the Commission take desired action. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to refer to the Administration the arrangement of a future sister city relationship with the City of Sarasota and Dunfermline, Scotland. BOOK 49 Page 20938 04/16/01 6:00 P.M. BOOK 49 Page 20939 04/16/01 6:00 P.M. Mayor Hogle asked if the motion includes the adoption the MacPherson Tartan which is the crest of J. Hamilton Gillespie, the founder of the Town of Sarasota, Florida, as the official Tartan of the City of Sarasota? Commissioner Quillin stated that the desire is to view the MacPherson Tartan before making a motion. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes; Hogle, yes. 10. CONSENT AGENDA NO. 1 ITEM NOS. 1, 2, 3, 4, 5, 6 AND 7 APPROVED (AGENDA ITEM III-A) #1 (2895) through (2946) 1. Approval Re: Set for public hearing proposed Ordinance No. 01-4300, amending Chapter 33 of the City Code pertaining to the impoundment of motor vehicles used to facilitate prostitution or drug related crimes; providing for interest on liens to be the maximum provided by law and for foreclosure thereof; etc. 2. Approval Re: Request expanding the budget workshops for the proposed 2001-2002 budget with the City Commission from Tuesday, July 10 through Thursday, July 12, 2001, to Monday, July 9 through Friday, July 13, 2001 3. Approval Re: Designation of US 41 as Florida Scenic Highway 4. Approval Re: Re-approve Resolution No. 01R-1362 indicating the correct resolution number, concerning support for the Lido Beach Erosion Control Project and willingness to provide the necessary local fund match; setting forth findings; etc. 5. Approval Re: Monthly activities report from the Downtown Association 6. Approval Re: Monthly activities report from the Greater Downtown Action Team (GDSAT) 7. Approval Re: Monthly report on the activities at the Urbaculture site On motion of Vice Mayor Mason and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 7, inclusive. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 11. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1357) = ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1361) - ADOPTED; ITEM 3 (ORDINANCE NO. 01-4297) - ADOPTED (AGENDA ITEM III-B) #1 (2946) through (3041) 1. Adoption Re: Proposed Resolution No. 01R-1357, directing the City Manager to ensure the City's obligation for co-payment. of its statutory share for environmental site rehabilitation at the City's equipment maintenance facility located at 1762 12th Street pursuant to the State Petroleum Clean-up Participation Program; (Title Only) 2. Adoption Re: Proposed Resolution No. 01R-1361, closing Eastwood Park during certain designated hours, seven days a week; making certain findings; (Title Only) 3. Adoption Re: Proposed Ordinance No. 01-4297, providing for the designation of the structure located at 455 Acacia Drive, historically known as the Olroyd House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1357 and 01R-1361 and proposed Ordinance No. 01-4297 by title only. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 3, inclusive. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Hogle, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 12. CITIZENS' INPUT CONCERNING CITY TOPICS #1 (3041) through #2 (0524) Vice Mayor Mason left the Chambers at 7:29 p.m. The following persons came before the Commission: Bob Richardson, President, Coalition for Sarasota's Future, and Bruce Franklin, Chairman of the Issues Committee of the Coalition for Sarasota's Future, 149 Cocoanut Avenue (34236). BOOK 49 Page 20940 04/16/01 6:00 P.M. BOOK 49 Page 20941 04/16/01 6:00 P.M. Mr. Richardson stated that the Coalition for Sarasota's Future is a grass-roots political action committee for changing the form of the City's government to provide for an elected mayor; that the proposal is to amend the City of Sarasota Charter (1996) (City Charter) through a referendum at the end of 2001; that Mr. Franklin was previously a member of the Charter Review Committee appointed by the Commission six years ago as a similar yet less definitive referendum for an elected mayor was held. Vice Mayor Mason returned to the Chambers at 7:31 p.m. Mr. Franklin congratulated the new Commissioners and stated that being present as a member of the Coalition for Sarasota's Future (Coalition), which is a political action committee formed pursuant to Florida Statutes, to support amending the City Charter to provide for the election of a mayor by the people, is a pleasure; that the desire is meet the Commission as a newly-constituted Commission to provide information concerning work accomplished to date and advise of the intention to collect petitions calling for a referendum later in 2001; that in 2000, approximately 50 individuals gathered to discuss the potential for changing the structure of the City's government to provide for an elected mayori that many believed times are changing and the City Manager structure is outdated and not responsive to the changing requirements of the community. Mr. Franklin continued that stronger leadership and accountability is required; that the Coalition's efforts has consisted of structure, organization, and change; that the desired change does not concern past or current Commissioners or City Managers; that the individuals who met and formed the Coalition represent a broad cross-section of the community with a vast majority being City residents; that no agenda exists other than to promote leadership, accountability, and a responsive local governmenti that a few citizens commissioned a private, independent, scientific poll which was conducted in January 2001 among City residents and registered voters to accurately gauge the sentiment of the community; that the poll included numerous questions; that the sentiment of the voters is reflected in two simple outcomes: 1) more than two thirds of the voters believe the City could be better run with an elected mayor and 2) 75 percent indicated a vote would be cast to have an elected mayor; that the significance of the poll should not be underestimated. Mr. Franklin further stated that the Coalition will begin soliciting petition signatures to present the Commission with the required number of signatures to place the matter on the ballot in November 2001; that a former City Attorney offered to draft the City Charter amendment which will be a portion of the petition; that the Coalition made an effort not to be high profile during the recent Commission elections sO the issue could be discussed unencumbered by political considerations or campaign rhetoric; that some sentiment has been expressed by the Commission to appoint another advisory committee to study the City Charter; that having been a member of the prior committee, the process takes a significant amount of time; that the sophistication of the City and the growing demands for leadership and accountability require a change in the form of government immediately; that Money Magazine designated Sarasota as the best small city in America in spite of current problems which are believed symptomatic; that the desire is to continue as the best small city in America in the future; that the Commission's interest is appreciated; that the hope is the Commission will assist in placing the question on the ballot for a referendum; and distributed the text of the proposed City Charter amendment. Commissioner Quillin stated that the April 16, 2001, Commission workshop concerned the assembly of a Charter Review Committee (CRC) ; and asked if the presentation would be discussed with the proposed CRC? Mr. Franklin stated that the Coalition will be active participants in a City Charter review process; that a CRC will be informed of the work in progress; that the requirement for a CRC is questioned. Mr. Franklin stated that a portion of the process begun by the Coalition will include education and dialogue with the Coalition of City Neighborhoods (CCNA) and other groups. Commissioner Quillin stated that a copy of the survey results would be appreciated. Mr. Franklin stated that a copy will be provided to the Commission. Andrew Frasier, 1019 South Osprey Avenue (34290), stated that coming before the Commission was undesired; that the problem which will be discussed should have been resolved by the City Manager; and read from a previous letter to Commissioner Quillin requesting the City investigate serious matters, specifically that Marina BOOK 49 Page 20942 04/16/01 6:00 P.M. BOOK 49. Page 20943 04/16/01 6:00 P.M. Jack, Inc. (Marina Jack), is illegally operating an outdoor restaurant, The Patio, which was only to be an oyster bar. Mr. Frasier continued that no permits were issued to install a new kitchen which was done deceitfully by the owner; that the gas line is a fire hazard; that telephone calls to the Department of Building, Zoning, and Code Enforcement were not returned; that letters have been received from the Director of Building, Zoning and Code Enforcement indicating intervention only occurs in matters of public safety; that improperly installed, non-permitted gas lines are a danger to the public; that the Director of Building, Zoning, and Code Enforcement does not consider the gas lines a danger; that unproductive meetings have been held with the City Manager; that 25 telephone calls were placed to the City Manager before a telephone call was returned; that 10 telephone calls were placed to the Deputy City Manager and were never returned; that the Deputy City Manager should not be considered for the position of City Manager; that Commissioner Quillin is the only Commissioner who has taken interest and responded; that the City should appreciate his personal efforts; that bringing information to the City has been difficult; that insults have been received. Mayor Hogle stated that Mr. Frasier telephoned and impugned his personal integrity by asking the length of time bribes have been taken; that the comments were not appreciated. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that once Mr. Frasier's complaint was received, a licensed building inspector was sent to Marina Jack and verified some non-permitted work had been done; that the lease was examined; that the building permit files were researched; that the complaint's main concern was to Close Marina Jack for lease violations; that the new managing partner of Marina Jack was contacted for a meeting; that the Deputy City Manager was requested to attend the meeting; that the meeting was held within a week; that a second meeting was also arranged at City Hall. Mr. Litchet continued that some work had been done without a permit; however, no immediate danger or hazard was determined; that the concern was a stove and hood system were installed without a permit; that lease issues were discussed with Marina Jack; that the determination after discussion with the Deputy City Manager and reviewing the lease was no lease issues existed; that the major concern was the work had been done without a permit; that a meeting was scheduled at Marina Jack to discuss the unpermitted work; that the new managing partner was unfamiliar with the lease; that the area of complaint was viewed with a representative of Marina Jack who requested a week to examine the situation; that the time span was reasonable; that the work done without permit is being removed; that time was requested to allow removal of the work; that a licensed building inspector was dispatched to ensure the work done on the property was in compliance with the City's Code requirements; that the property remains in compliance to date; that personal telephone calls were made and letters sent to Mr. Frasier on December 1, 2000, and February 8, 2001; that Mr. Frasier did not accept explanations and became abusive to Staff; that Staff was advised no longer to accept Mr. Frasier's abusive telephone calls. Mr. Litchet further stated that discussions were held with the Sarasota County Health Department and Fire Marshall who conducts annual inspections; that the Health Department and the Fire Marshall found no violations at Marina Jack; that. the Code Enforcement Department handled the complaint in the same manner as all complaints; that everyone receives the opportunity to discuss problems prior to issuance of a notice of violation or a citation; that the City has a good working relationship with Marina Jack; that Marina Jack handled all issues in an immediate manner; that Mr. Frasier insisted Marina Jack be closed for lease violations; that Mr. Frasier believes the food served is not in compliance with the lease; that the lease does not specifically concern the menu of the open-air oyster bar; that Marina Jack has revised the menu; that the lease does not give the City the authority to close Marina Jack; that the lease has appeal rights, time for remedies, etc.; that a life safety issue is not present. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that direction to Staff was to handle the matter in the same manner as any other alleged code violation; that the main intent in dealing with someone is to remedy the violation which was the approach taken and the outcome achieved. John Flaherty, 500 Royal Road, Longboat Key (34228), congratulated Commissioners Martin and Palmer, Mayor Hogle, and Vice Mayor Mason; and stated that reporting illegal activity takes courage; that a person who takes significant energy to fight something may take efforts far, become boisterous, and make people uncomtortable; however, an individual who is not afraid to tell the truth has such a personality; that the bad BOOK 49 Page 20944 04/16/01 6:00 P.M. BOOK 49 Page 20945 04/16/01 6:00 P.M. must be taken with the good; that an individual should be commended for standing up to a large organization. Mr. Flaherty continued that the organic loading in the bay is of concern; that New Pass was snorkeled this weekend; that the organic load is low in the bay due to the comfortable water temperatures; that the rock is quickly becoming overgrown with organics due to sunlight; that the Commission refinanced a $22 million bond sewage issue; that the County's plan to pump to the sewage into the City to boost the capacity of the wastewater facility, which empties into the bay, will exacerbate the organic loading problem in the marine environment and adversely affect snorkeling; that the Sarasota Board of County Commissioners voted to deep-well inject sewage into the aquifer; that the State is discussing injecting land water runoff into the aquifer; that taking water from a sewage treatment plant for injection into the aquifer is not supported; that the septic systems in the County are working properly; that the hope is the bay can be saved and not loaded with nitrogen and feces. City Manager Sollenberger stated that the City's wastewater affluent is treated to advanced wastewater treatment standards; that a photograph of three former Mayors drinking glasses of the treated water was taken a number of years ago; that the water is subject to testing and review by the Department of Environmental Protection; that the quality of Sarasota Bay increased dramatically after the City upgraded and changed operations from secondary discharge to advanced wastewater treatment discharge; that sewage is not being discharged into Sarasota Bay. Commissioner Quillin stated that Mr. Flaherty indicated the County will be injecting wastewater into ground holding areas; that a question is if the County has taken any action to inject untreated wastewater holding areas, which would be a concerni that injecting treated wastewater into underground holding areas is different; that treated wastewater is not being injected into the aquifer but rather underground holding areas. City Manager Sollenberger stated that Mr. Flaherty's concern regarding the City's handling of the County sewage is noted; that the City has the capability and can maintain high standards which, if not maintained, is subject to major fines and penalties from the Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agencyi that the City maintains a high level of compliance with all applicable regulations. Edward Harding, 2171 Wood Street (34237), stated that the free nitrogen from inorganic fertilizer and not sewage or treated wastewater is destroying the bay; that a suggestion is to build a $100 million plant at the existing Bee Ridge landfill or a new dump to compost garbage into 350 million pounds of mulch compost per year; that the old Bee Ridge landfill can be mined; that the City dies if the bay dies; that the plant can be developed by private enterprise as the County cannot spend $100 million without voter approval; that Manatee County sought approval for funding of a compost plant and was turned down; that $100 million can be arranged through private enterprise; that the return on the invested capital is 22 percent and will spark interest; that a plant in Edmonton, Alberta, Canada, is running 1,000 tons of municipal solid waste per day. Mr. Harding continued that the strong mayor form of government is in place in Chicago, Illinois; that the Mayor of Chicago had a switch to cut off the microphone if speakers made disagreeable statements; that the City has two at-large Commissioners and three districts; and asked to whom complaints should be directed? Commissioner Quillin stated that complaints can be directed to any Commissioner. Mr. Harding stated that the process should not work in such a manner; that the Commissioners should have wards; that each Commissioner should have 10,000 wards each; that the citizens are confused and should have a specific person to approach. The Commission recessed at 7:55 p.m. and reconvened at 8:04 p.m. 13. UNFINISHED BUSINESS: APPROVAL RE: : SHARED PARKING AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE FLORIDA WEST COAST SYMPHONY, INC., TO ALLOW THE FLORIDA WEST COAST SYMPHONY, INC., TO UTILIZE A MAXIMUM OF 212 PARKING SPACES WITHIN A DESIGNATED PORTION OF THE VAN WEZEL PARKING LOT TO SERVE THE PROPOSED EDUCATION WING (PHASE I) WITH THE SHARED PARKING SPACES REDUCED TO 183 SPACES UPON COMPLETION OF THE PROPOSED CONCERT HALL (PHASE II) ETC. - 1) APPROVED THE SHARED PARKING AGREEMENT CONTINGENT UPON THE APPROVALS OF THE MAJOR CONDITIONAL USE AND THE GOVERNMENTAL USE (G) ZONE WAIVER WITH THE INCLUSION OF LANGUAGE PROPOSED BY THE FLORIDA WEST COAST SYMPHONY, INC., WHICH INCORPORATES DEFAULT LANGUAGE FROM THE GULF WIND MARINE LEASE AND LANGUAGE CONCERNING A MATERIAL BREACH AS RECOMMENDED BY THE BOOK 49 Page 20946 04/16/01 6:00 P.M. BOOK 49 Page 20947 04/16/01 6:00 P.M. PBLP AND 2) AGREED TO INCLUDE A TRAFFIC CIRCULATION STUDY OF THE AREA WEST OF US 41 FROM GULF STREAM AVENUE TO CENTENNIAL PARK IN THE CIVIC CENTER MASTER PLAN STUDY (AGENDA ITEM VI-1) #2 (0524) through (2340) Mayor Hogle stated that a request to approve the Shared Parking Agreement between the City and the Florida West Coast Symphony, Inc. (FWCS), will be presented. Allen Parsons, Senior Planner II, Planning Department, came before the Commission, referred to displayed computer-generated slides of the proposed shared parking spaces and all parking spaces in the Civic Center area; and stated that the FWCS is located north of the Boulevard of the Arts; that the Shared Parking Agreement is coordinated with the two proposed phases of construction of the FWCS project. V. Peter Schneider, Deputy City Manager, came before the Commission, and stated that the Commission approved the FWCS project conditionally at the October 2, 2000, Regular Commission meeting and directed Staff to accommodate the FWCS without compromising the functioning of the VWPAH; that the proposed Shared Parking Agreement allows the FWCS to utilize a maximum of 212 parking spaces within a designated portion of the parking lot of the VWPAH to serve the proposed Education Wing during Phase II of the construction of the Concert Hall; that the shared parking spaces would be reduced to 183 parking spaces upon completion of the proposed Concert Hall which is Phase II of construction; that at the February 7, 2001, Planning Board/Local Planning Agency (PBLP) meeting, the proposed Shared Parking Agreement was found consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards for review set forth in Section VII-211(B), Zoning Code (1998), and was recommended for approval with the following modifications: Section 12, Special Events: Change reference from three to four consecutive days to describe the length of the Suncoast Offshore Grand Prix activities during which the FWCS will not use the shared parking spaces. Section 17(a) (i) : Change reterence from 200 shared parking spaces for the proposed Concert Hall to 183 shared parking spaces. Section 17(a) (i) : Revise reference to the subsequent agreement, detailing input from the FWCS as to the design of a parking garage which may be constructed in the Euture, the location and number of spaces available to the FWCS within the parking garage, and the amount contributed by the FWCS for the cost of the parking garage. Section 18, Default: Add the phrase "] FWCS acknowledges that the terms, conditions, covenants and requirements. are material inducements to City entering into this Agreement." Section 19, Effective Date: Change parking calculations in subparagraphs (i) and (ii) to reflect only the number of shared parking spaces for the Education Wing and Concert Hall of the FWCS project and excluding on-site parking spaces. Mr. Schneider continued that the Commission is considering the proposed Shared Parking Agreement in the capacity of property owner of the parking lot within which the shared parking spaces are located; that Staff will provide information as to the actual usage of the shared parking spaces; that the PBLP reviewed the matter and took action as a regulatory agency of the Zoning Code (1998) which has the standard of one parking space per four seats. Mr. Schneider referred to his memorandum dated February 2, 2001, in the Agenda backup material indicating the calculated ratios of parking spaces; and stated that the standard of four seats per parking space results in a requirement for 655 parking spaces for a combination of the VWPAH and the proposed FWCS Concert Hall. Mr. Schneider referred to a displayed computer-generated map indicating the VWPAH parking area consisting of 866 parking spaces adjacent to an area with 91 parking spaces; and stated that the industry standard is one space per 2.3 to 2.5 seats; that actual counts taken by the Engineering Department resulted in a 2.6 to 2.8 ratio of parking spaces to seats; that the counts were for solo performances not consisting of a large supporting cast and stage crew which would have reduced the figures to a 2.5 ratio; that 2.5 is a realistic ratio for the use of the VWPAH and FWCS; that the 2.5 ratio indicates a requirement for 1,016 parking spaces for sold-out events at the VWPAH and FWCS Hall; that 957 parking spaces are in the VWPAH area; that excess parking requirements must be fulfilled in other areas. Mr. Schneider continued that the total capacity in the Civic Center complex is 1,374 parking spaces; that the Gulfcoast Wonder & Imagination Zone (G.WIZ) parking lot contains 110 parking spaces; that approximately two thirds of the parking spaces are BOOK 49 Page 20948 04/16/01 6:00 P.M. BOOK 49 Page 20949 04/16/01 6:00 P.M. reserved for the exclusive use of G.WIZ; that 1,310 public parking spaces are available in the Civic Center complex; that Phase I of the Shared Parking Agreement provides for 212 shared parking spaces; that Phase II provides for 183 shared parking spaces; that the 212 shared parking spaces are calculated on the basis of the 1,000 seats in the FWCS complex and the four-per- one ratio standard which results in the requirement of 250 parking spaces; that 38 of the 250 parking spaces will be on site; that the remaining 212 parking spaces would be accommodated through the Shared Parking Agreement. Mr. Schneider further stated that the total number of seats is reduced to 800 after the completion of the Concert Hall, resulting in a requirement for 200 parking spaces; that 17 parking spaces will be on site; that the remaining 183 parking spaces after Phase II construction will also be accommodated through the Shared Parking Agreement; that the Shared Parking Agreement accommodates the FWCS and the City to the best extent possible; however, several situations exist in which the parking capacity can be severely challenged such as during a double evening performance at the VWPAH and the FWCS; that the number of occasions causing conflict has been minimized to the extent possible. Mr. Schneider stated further that the Shared Parking Agreement indicates the City will provide the VWPAH performance schedule for the following season, which will be approximately 50 percent complete, to the FWCS by November 1 of each year; that the FWCS will not schedule an evening pertormance any night in which the VWPAH has two evening pertormances; that the FWCS produces the schedule for the following year by December 1 of each yeari that the VWPAH continues to add programs throughout the yeari that occasions will arise in which programs are added at the VWPAH after the FWCS schedule is complete; that capacity of the parking area will be tested on occasion; that a parking conflict can occur if the VWPAH, the FWCS proposed Concert Hall, and the Municipal Auditorium simultaneously have matinee events; that the situation recently occurred early in April 2001; that one provision in the Shared Parking Agreement is for a traffic management circulation system; that a second provision is for a Parking Coordination Committee. Mr. Schneider continued that the Shared Parking Agreement was recently tested by Staff of the City and the FWCS, who met to discuss upcoming events and parking management; that as a result of the discussions, the FWCS hired Community Service Agents (CSAs) and off-duty police officers on a Sunday at which time sell-out performances were occurring at the VWPAH and the FWCS and a major event was occurring at the Municipal Auditorium; that the discussions were held to assure all facilities would be accommodated as well as possible; that the preparation assured no problems would arise; that an effective mechanism to deal with future situations exists; that occasions will occur in which capacity is met or exceeded; that the City also wished to control the possible sublease of the FWCS facilities to commercial operations; that the City's interests have been met with a provision in the Shared Parking Agreement which provides any commercial sublease must be approved at the sole discretion of the City Manager; that another provision in the Shared Parking Agreement is the FWCS may not cumulatively use more than 800 seats simultaneously with any other FWCS uses, even though more than 800 seats will exist in the proposed complex; that the traffic concurrency study was based upon 800 seats. Mr. Schneider further stated that the effective date for Phase I of the Shared Parking Agreement is the date of issuance of a certificate of occupancy for completion of Phase I, i.e., the Education Wing; that discussions were held with the FWCS on April 13, 2001, relating to possible changes to Paragraph 17, Termination, regarding the FWCS's concern with being obligated to participate in the construction of a parking structure if Phase II, i.e., the Concert Hall, is not constructed as proposed; that the FWCS is willing to participate in the incremental cost for a parking structure in an amount equal to the increased parking requirement currently existing to any new FWCS Concert Hall parking requirements; that the 2.5 seats-per-vehicle ratio is being utilized; that the FWCS will be responsible for 126 parking spaces in a parking structure if the Concert Hall is built as proposed. Mr. Schneider stated Eurther that the VWPAH Advisory Board indicated the need to conduct a Civic Center Master Plan Study; that at the March 5, 2001, Regular Commission meeting, the PBLP suggested a Civic Center Master Plan Study should be considered during the preparation of the fiscal year (FY) 2001/02 budget; that the Civic Center Master Plan Study should include an internal circulation plan for the area west of US 41 from Gulf Stream Avenue to Centennial Park at the North; that the Commission approved the PBLP's recommendation by unanimous vote. Mr. Schneider continued that the FWCS is not comfortable with the language of the default paragraph, which will be presented BOOK 49 Page 20950 04/16/01 6:00 P.M. BOOK 49 Page 20951 04/16/01 6:00 P.M. by the FWCS; that the Administration recommends approving the Shared Parking - Agreement as modified subject to adoption of Resolution Nos. 01R-1343 and 01R-1346 and authorizing a Civic Center Master Plan Study to include an internal circulation study for the area west of US 41 from Gulf Stream Avenue to Centennial Park. Charles D. Bailey, Attorney, law firm of Williams, Parker, Harrison, Dietz & Getzen, Joel Freedman, AICP, Freedman Consulting Group, representing the FWCS, and Joe McKenna, Director, FWCS, came before the Commission. Attorney Bailey stated that the Deputy City Manager and Attorney Sarah Schenk, City Attorney's Office, are thanked for efforts to complete the Shared Parking Agreement; that the task was monumental and complex; that the recommendations of the Deputy City Manager are acceptable to the FWCS; that the proposed Concert Hall is limited to 800 seats; however, the seating is more if including meeting rooms, etc.; that representatives of the Renaissance of Sarasota are present to support the View Corridor Easement, which will be considered under Agenda Item No. VI-3; that a concern is with the default provision which affects not only the Shared Parking Agreement but also the lease; that the provision makes the tenant subject to termination for any breach if not corrected within 30 days; that the FWCS is making a significant financial investment of $7.8 million in Phase I and $12 million in Phase II; that the concern is to assure a potential for forfeiture does not exist,after the investment has been made; that a provision similar to the Gulf Wind Marine Lease allowing the tenant more than 30 days to correct a default if necessary is requested. Attorney Bailey referred to a letter dated February 21, 2001, to Attorney Schenk, included in the Agenda backup material indicating the following requested provision: . Provided, that if within thirty days after receiving notice concerning a covenant other than a covenant to pay rent, the Tenant, in good faith and with all reasonable diligence undertakes to correct such a breach, and such correction reasonably requires more than the thirty day period, then if the Tenant within said thirty days begins the necessary corrective steps or procedures and thereafter diligently pursues the same to completion, such breach shall be deemed to be cured although not accomplished within said thirty days Mayor Hogle asked for legal clarification concerning the default provision. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the proposed change is not objectionable; that the existing Shared Parking Agreement allows the FWCS 30 days to cure a default; that the existing Lease Agreement allows the tenant a time specified by the City Manager to repair the default which may be more or less than 30 days; that a time certain to cure the default exists in both default provisions; that the language taken from the Gulf Wind Marine Lease suggested by Attorney Bailey allows the tenant the initial 30 days to remedy the default; that the breach is deemed cured if such correction requires more than 30 days and the tenant commences procedures to cure the default and diligently pursues the remedies; that the suggested default provision does not provide a specified time to correct the default and provides the FWCS significant flexibility; that the lease as currently written is acceptable to the City; that the FWCS has proposed the modification. Commissioner Quillin stated that the FWCS and Gulf Wind Marine are two different industries; that the default provision in the Gulf Wind Marine Lease is feasible based on the type of industry. Attorney Bailey stated that not all permits for any necessary corrective action can be obtained within 30.days. Commissioner Quillin stated that the Shared Parking Agreement is the main concern at this time; that a situation may arise during the tourist season in which allowing 30 days to cure is not possible. Attorney Bailey stated that a default under the Lease Agreement is a default under the Shared Parking Agreement; that having differing default provisions in the Lease Agreement and the Shared Parking Agreement is of concern. City Attorney Taylor stated that the FWCS and the City are composed of reasonable people; that reasonable people will not have a problem with the default; that the City is not required to declare a default; that declaring a default requires affirmative action; that the concern of the City Attorney's Office is the BOOK 49 Page 20952 04/16/01 6:00 P.M. BOOK 49 Page 20953 04/16/01 6:00 P.M. inclusion of language such as "diligently pursuing" in all leases could result in - arguments in court; that the City will no longer be able to develop leases without similar default provisions once the language is included in one document; that the City will not take action if a diligent effort to correct a default is being taken; that approving the documents as presented is suggested. Commissioner Palmer asked if different language can be developed to provide more latitude and yet assure the FWCS follows appropriate guidelines? Attorney Schenk stated that the language in the lease providing the City Manager discretion could be utilized in the Shared Parking Agreement; that additional language could be drafted to provide for a request for an extension if necessary. Attorney Bailey stated that any relaxation in the default provision would be appreciated; that the Gulf Wind Marine Lease was reaffirmed in 1996; that the FWCS, which is comprised of reasonable people, should be afforded the same courtesy. Commissioner Quillin stated that the language suggested by the City Attorney's Office could provide additional clarification. Attorney Bailey stated that such language would be an improvement. Commissioner Palmer stated that the City Attorney should draft language to provide some elasticity including the opportunity for the City Manager to issue extensions; and asked if such language would be satistactory? Attorney Bailey stated yes. City Attorney Taylor stated that the authority to execute the documents without returning to the Commission is requested; that a question is if the FWCS and the City are close enough to an agreement not to require additional Commission consideration? Attorney Bailey stated that Laurence Saslaw, Board Member, FWCS, is present and could provide assent. Mr. Saslaw, came before the Commission and stated that the Commission and the FWCS are composed of reasonable people; however, a non-profit organization such as the FWCS should not request donors to invest $20 million in a site and enter into a contract if use of the site can be arbitrarily denied in the future and the investment lost; that justifying such an agreement to board members and donors is difficult; that the FWCS may choose not to proceed under such circumstances. Commissioner Quillin stated that the City does not arbitrarily revoke leaseholds; that the land is public land and the FWCS and the City are partners; that any problems should be resolved jointly; that the language suggested by the City Attorney's Office removed a level of arbitrariness; that the FWCS could approach the Commission for a final decision if the City Manager became arbitrary; that the language suggested by the City Attorney's Office is supported. City Attorney Taylor stated that the existing recommended language has been used in leases for some time; that many leases have a default Clause without language concerning due diligence; however, language concerning the diligent pursuit of a remedy is not without precedent; that the problem is the language proposed by Attorney Bailey gives time past 30 days without indicating the amount of time; that the meaning of the phrase diligent pursuit" is not defined; that ultimately the meaning of the phrase "diligent pursuit" would be determined by a court; that a possibility is establishing a not-to-exceed period of time; however, the FWCS may indicate that determining all contingencies for a not-to-exceed period of time is not possible; that the phrase 30 days to cure" may be abrupt; however, the phrase "diligent pursuit" may not be specific enough. Attorney Bailey stated that some language may require interpretation by the parties in the future; that the phrase "good faith" is included in the suggested language; that the lack of good faith can quickly become obvious. Mayor Hogle stated that the language included in the February 21, 2001, memorandum from Attorney Bailey to the City can be supported and includes requirements of reasonableness and acting in good faith. City Attorney Taylor stated that the language is different than the language included in the Gulf Wind Marine Lease as follows: that the tenant in good faith and with all reasonable diligence undertakes to correct such breach. City Attorney Taylor stated that a remote contingency is being discussed; that dwelling upon the contingency is unnecessary; that if. a change must occur, utilizing language from a previous BOOK 49 Page 20954 04/16/01 6:00 P.M. BOOK 49 Page 20955 04/16/01 6:00 P.M. lease is better than beginning with new language which is not as restrictive 'as language in the Gulf Wind Marine Lease. Attorney Bailey stated that the language in the Gulf Wind Marine Lease is acceptable. Mayor Hogle stated that the language in the Gulf Wind Marine Lease is supported. Commissioner Palmer asked for clarification of the language in the Gulf Wind Marine Lease. City Attorney Taylor stated that the Gulf Wind Marine Lease has language indicating the breach shall be deemed cured although not accomplished in the 30-day period if the tenant in good faith and with reasonable diligence undertakes to correct such breach within 30 days after receiving notice of breach and such correction reasonably requires more than 30 days. Commissioner Quillin stated that the language is open to legal challenge. Vice Mayor Mason stated that the language is supported. Commissioner Martin stated that the language does not provide a specific period of time and is, therefore, of concern. Attorney Bailey stated that the language in the Gulf Wind Marine Lease is better for the FWCS; that the Gulf Wind Marine Lease does not have a provision indicating any breach is material; that a compromise is being made by the FWCS. Commissioner Palmer stated that is correct; that the PBLP requested the language be changed to indicate any breach is deemed material. City Manager Sollenberger stated that the Administration recommends approving the Shared Parking Agreement and including the modification recommended by the PBLP indicating any breach is deemed material if proposed Resolution No. 01R-1343 approving the Major Conditional Use Site Plan and proposed Resolution No. 01R-1346 for the G Zone Waiver Application No. 00-GZW-01 are adopted; that the issue concerning the breach must be resolved; that the PBLP's recommendation is to conduct a Civic Center Master Plan Study which has been discussed with the Commission and will be taken under advisement for presentation to the Commission for consideration during the FY 2001/02 budget process. Attorney Schenk asked if the recommendation is for the change recommended by the Deputy City Manager regarding Paragraph 17(a), Termination, indicating the FWCS is willing to participate in the incremental cost for a parking structure in an amount equal to the increased parking requirement from currently existing to any new FWCS Concert Hall parking requirements. City Manager Sollenberger stated yes. Mayor Hogle stated that the motion includes conducting an internal circulation study of US 41 from Gulf Stream Avenue north to Centennial Park. Commissioner Palmer - asked if the study area includes Centennial Park or is up to Centennial Park? Mayor Hogle stated that the study area is up to Centennial Park. Commissioner Quillin stated that the study area should include Centennial Park. City Manager Sollenberger stated that the internal circulation study has been discussed and resolved with the Commission previously; that the Administration will prepare a recommendation for consideration during the FY 2001/02 budget process; that the Commission may wish to request the Administration's recommendation for presentation during the FY 2001/02 budget process so a commitment is not made without information concerning the cost. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to: 1) approve the Shared Parking Agreement contingent upon the approvals of the Major Conditional Use and the Governmental Use (G) Zone Waiver with inclusion of language recommended by the PBLP concerning a material breach and default language from the Gulf Wind Marine Lease and 2) include a traffic circulation study of the area west of US 41 from Gulf Stream Avenue north including Centennial Park in the Civic Center Master Plan Study. Commissioner Quillin stated that the Commission recently approved parking for construction at the Hyatt Sarasota and the Sarasota Quay; that a program with timelines for construction in the area should be established to assure problems are avoided; that the internal circulation study is supported; that the future impact of BOOK 49 Page 20956 04/16/01 6:00 P.M. BOOK 49 Page 20957 04/16/01 6:00 P.M. construction should be analyzed; that the management of parking can be coordinated; that vehicles may be parked in front of the Municipal Auditorium, which has 160 spaces instead of the area designated for the FWCS. City Manager Sollenberger stated that planning for the parking requirements of the VWPAH and the FWCS is the concern; that provision has been made for creation of a Parking Coordination Committee in the Shared Parking Agreement; that other mechanisms are included sO the parties can cope; that enough language is included in the various agreements to address such situations. Attorney Schenk stated for clarification, that the sentence indicating the lease with FWCS will terminate if the default is not remedied in 30 days to the satisfaction of the City will be deleted; that the language proposed by Attorney Bailey, which includes the language concerning a material breach recommended by the PBLP, will be incorporated; that the balance of Section 18, Default remains as written. Mayor Hogle stated that is correct. Mayor Hogle restated and called for a vote on the motion to 1) approve the Shared Parking Agreement contingent upon the approvals of the Major Conditional Use and the Governmental Use (G) Zone Waiver with the inclusion of default language proposed by Attorney Bailey which incorporates language from the Gulf Wind Marine Lease and language concerning a material breach as recommended by the PBLP and 2) include a traffic circulation study of the area west of US 41 from Gulf Stream Avenue north including Centennial Park in the Civic Center Master Plan Study. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: : SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE FLORIDA WEST COAST, INC. (FWCS), TO PROVIDE FOR THE CITY'S CONSENT, AS LANDLORD, OF THE PROPOSED CONCERT HALL (PHASE II) AS IT RELATES TO THE COORDINATION OF USAGE OF THE SHARED PARKING SPACES BETWEEN THE PATRONS OF THE VAN WEZEL PERFORMING ARTS HALL, THE MUNICIPAL AUDITORIUM, FPERFORMANCES AND ACTIVITIES OF FWCS'S SUBLESSEES; ETC. APPROVED (AGENDA ITEM VI-2) #2 (2340) through (2481) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Second Amendment to the Lease Agreement (Amendment) between the City and the Florida West Coast Symphony, Inc. (FWCS), I requires compliance with the Shared Parking Agreement, allows the FWCS to provide a letter of credit in lieu of escrowing the construction funds, updates the insurance coverage to the current limits, limits simultaneous use of the FWCS facilities to 800 seats which is the same provision as in the Shared Parking Agreement, and allows the City to sublease the proposed Phase II FWCS Concert Hall at 50 percent of the commercial rate. Mr. Schneider continued that at the October 2, 2000, Regular Commission meeting, the Commission authorized the Administration to negotiate an Amendment with the FWCS to assure consistency with the proposed Shared Parking Agreement and to coordinate usage of shared parking spaces by the patrons of the Van Wezel Performing Arts Hall (VWPAH), the Municipal Auditorium, the FWCS, and the FWCS's subleases; that the Amendment concerns the use of the proposed Concert Hall by the VWPAH for pertormances with payment of rent to the FWCS and provides for the City's consent as property owner of the construction of the proposed Education Wing in Phase I and Concert Hall in Phase II. City Manager Sollenberger stated that the Administration recommends approving the Second Amendment to the Lease Agreement between the City and the FWCS if proposed Resolution Nos. 01R-1343 and 01R-1346 are adopted and subject to the approval of the Shared Parking Agreement. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the FWCS requests Section 25, Default, of the existing Lease Agreement be amended to reflect the default language in the February 21, 2001, letter from legal counsel for the FWCS and as discussed and approved under Agenda Item No. VI-1 concerning the Shared Parking Agreement. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to approve the Second Amendment to the Lease Agreement between the City and the Florida West Coast Symphony, Inc. (FWCS), with the language concerning the default provision as approved in the Shared Parking Agreement under Agenda Item No. VI-1 and to authorize the execution by the Mayor and attestation by the City Auditor and Clerk, subject to adoption of proposed Resolutions Nos. 01R-1343 and 01R-1346. Motion carried unanimously (5 to 0): Martin, yesi Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. BOOK 49 Page 20958 04/16/01 6:00 P.M. BOOK 49 Page 20959 04/16/01 6:00 P.M. 15. UNFINISHED BUSINESS: APPROVAL RE: PROPOSED AMENDMENT TO VIEW CORRIDOR EASEMENT BETWEEN THE CITY OF SARASOTA, SARASOTA RENAISSANCE II, LIMITED PARTNERSHIP, AND THE FLORIDA WEST COAST SYMPHONY, INC., I PROHIBITING THE CITY, AND ANY OF ITS TENANTS, FROM CONSTRUCTING ANY NEW STRUCTURE HAVING A HEIGHT GREATER THAN 45 FEET ABOVE FLOOD ZONE A, EXCEPT FOR THE VAN WEZEL PERFORMING ARTS HALL AND ONE (1) OTHER EXISTING OR NEW STRUCTURE FOR PRIMARY USE OF THE PERFORMING ARTS, WHICH MAY HAVE A HEIGHT UP TO 90 FEET ABOVE FLOOD ZONE A, ETC. - APPROVED (AGENDA ITEM VI-3) #2 (2481) through (2912) Mayor Hogle stated that a proposed Amendment to the View Corridor Easement between the City, the Sarasota Renaissance II, Limited Partnership Renaissance of Sarasota), and the Florida West Coast Symphony, Inc., (FWCS), will be presented. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the property upon which FWCS's leasehold is owned by the City and is subject to a View Corridor Easement with the Renaissance of Sarasota; that the View Corridor Easement prohibits the City and any of the City's tenants from constructing any new structure with a height greater than 45 feet above the Federal Emergency Management Agency (FEMA) Flood Zone A, except for the Van Wezel Performing Arts Hall (VWPAH) and one existing or new structure with a primary use of the performing arts and which may have a height of up to 90 feet above the FEMA Flood Zone A; that at the March 20, 2000, Regular Commission meeting, the Commission conditionally approved the construction of the improvements depicted on Site Plan Application No. 00-SP-13 as the final building exemption to the View Corridor Easement height restriction; that the Renaissance of Sarasota and FWCS subsequently negotiated the proposed Amendment to the View Corridor Easement, which was required to revise language in Site Plan Application No. 00-SP-31 and the original View Corridor Easement; that the original View Corridor Easement only allows the future construction of "one (1) existing or new structure for the primary use of the pertorming arts"; that Site Plan Application No. 00-SP-13 refers to the proposed Education Wing and Concert Hall as separate facilities; therefore, the proposed Amendment to the View Corridor Easement is required to designate the existing and proposed FWCS facilities as a single structure. Charles Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, representing the FWCS, came before the Commission and stated that additionally a modification has been made to the legal description of the Renaissance of Sarasota property to correct a scrivener's error. Attorney Schenk stated that the revised legal description dated March 13, 2001, is included in the Agenda backup material. City Manager Sollenberger stated that the Administration recommends approving the proposed Amendment to the View Corridor Easement if proposed Resolution Nos. 01R-1343 and 01R-1346 are adopted and subject to the approval of the Shared Parking Agreement and the Second Amendment to the Lease Agreement between the City and FWCS. On motion of Vice Mayor Mason and second of Commissioner Palmer, it was moved to approve the Amendment to the View Corridor Easement subject to adoption of proposed Resolution Nos. 01R- 1343 and 01R-1346 and to authorize the execution by. the Mayor and attestation by the City Auditor and Clerk. Commissioner Quillin stated that a parking structure may be necessary in the future; that the view corridor restriction limits the height of any parking structure; that the City should partner with the Renaissance of Sarasota again as the agreement limiting the view corridor was not to the advantage of the City; that something may need to be developed in the area which would exceed the height limitation which may be more advantageous to the City. Commissioner Palmer asked the height limitation on any structure the City may wish to construct? Attorney Schenk stated that two restrictions exist; that the height restriction is 45 feet above the FEMA Flood Zone A for any structure; that the second restriction, which is not changed by the amendment, requires a 100-foot distance between existing and new buildings; that the exception is if a parking garage would serve another principal facility; however, constructing a parking structure within less than 100 feet of liner buildings or mixed uses could result in a problem. Commissioner Palmer asked if constructing a mixed-use facility, including parking, in the area is a problem? Attorney Schenk stated that the exemption from the 100-foot requirement pertains only to a parking structure. BOOK 49 Page 20960 04/16/01 6:00 P.M. BOOK 49 Page 20961 04/16/01 6:00 P.M. City Manager Sollenberger stated that the Amendment to the View Corridor Easement should be approved; that the FWCS has no involvement with limitations on the construction of a parking structure; that involving the Wynnton Group, Inc. (Wynnton), as the developers of the Renaissance of Sarasota, in the development of a Civic Center Master Plan would be needed to determine if modifying the View Corridor Easement is a possibility; that a point of contention may be if a parking structure with a liner building is considered two separate buildings or one building; that the discussion could be worked through with Wynnton; that the Amendment to the View Corridor Easement as presented should be approved. Commissioner Quillin stated that the City could keep the 90-foot height restriction and limit the height of the FWCS; that the importance is having the FWCS as a facility for citizens' enjoyment. City Manager Sollenberger stated that the FWCS requested the opportunity to take advantage of the second 90-foot height easement; that the Commission approved the request; that the design of the building caused the Education Wing to exceed the 45-foot restriction; that a discussion between Wynnton and the FWCS was if the proposed construction constituted one or two structures; that the differences have been resolved; that the FWCS has undergone considerable investment and planning based upon an earlier approval by the Commission to use the 90-foot height exception. Attorney Bailey stated that Paragraph 10 (a) of the Amendment to the View Corridor Easement contains a typographical error referencing the G Zone Waiver as Application No. 00-GZW-03 rather than Application No. 00-GZW-01. Attorney Schenk stated that the error will be corrected. Mayor Hogle called for a vote on the motion to authorize the execution of the Amendment to the View Corridor Easement. Motion carried unanimously (5 to 0): Martin, yes; Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. 16. UNFINISHED BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 01R-1343, REGARDING MAJOR CONDITIONAL USE APPLICATION NO. 00-CU-03 AND SITE PLAN APPLICATION NO. 00-SP-13, FLORIDA WEST COAST SYMPHONY, INC., TO ALLOW THE EXPANSION OF A LEASEHOLD USE CONSISTING OF THE CONSTRUCTION OF THE EDUCATION WING (PHASE I) AND CONCERT HALL (PHASE II) IN THE GOVERNMENTAL USE (G) ZONE DISTRICT AT THE CIVIC CENTER COMPLEX; ETC. (TITLE ONLY) (APPLICATION NOS. 00-CU-03 AND 00-SP-13, APPLICANT THE FLORIDA WEST COAST FWCS, INC., AS TENANT) - ADOPTED (AGENDA ITEM VI-4) #2 (2912) through (3635) Allen Parsons, Senior Planner II, Planning Department, came before the Commission and stated that proposed Resolution No. 01R-1343 conçerns approval of Major Conditional Use Application No. 00-CU-03 and Site Plan Application No. 00-SP-13 allowing the Florida West Coast Symphony, Inc. (FWCS), to construct the proposed Education Wing (Phase I) and an 800-seat capacity Concert Hall including the demolition of Cohen Hall (Phase II) in the Governmental Use (G) Zone District within the FWCS leasehold; that at the February 7, 2001, Planning Board/Local Planning Agency (PBLP) meeting, Major Conditional Use Application * No. 00-CU-03 and Site Plan Application No. 00-SP-13 were approved provided the Commission adopt proposed Resolution No. 01R-1346 and approve the proposed Shared Parking Agreement, the proposed Second Amendment to the Lease Agreement, and the proposed Amendment to the View Corridor Easement; that the total size of the FWCS will increase from 30,760 square feet to 80,650 square feet. Mr. Parsons referred to a displayed computer-generated photograph indicating the current FWCS buildings, the location of the proposed Education Wing, and the parking area; and stated that Phase II includes construction of the Concert Hall which is to the west of the current FWCS building. Mr. Parsons referred to a displayed computer-generated photograph of the Civic Center complex and indicated Gulfcoast Wonder & Imagination Zone (G.WIZ), the Van Wezel Performing Arts Hall (VWPAH), the areas for Phase I and II construction, and the Shared Parking Agreement spaces. Mr. Parsons referred to a displayed computer-generated drawing of the Phase I site plan and indicated the existing FWCS building and Cohen Hall; and stated that Cohen Hall will be demolished in Phase II; that 21 parking spaces remain during Phase I and 17 spaces will be added to the south of the area; that a one-way access exists off the VWPAH. BOOK 49 Page 20962 04/16/01 6:00 P.M. BOOK 49 Page 20963 04/16/01 6:00 P.M. Mr. Parsons referred to a displayed computer-generated drawing of the Phase II construction and stated that Phase II includes the demolition of Cohen Hall; that the parking area becomes a drop-off zone; and indicated the proposed gallery entrance and the main entrance to the building. Mr. Parsons referred to a displayed computer-generated drawing of the western elevation and the front of the VWPAH; and stated that the area to the south of the FWCS would rise to a height of 45 feet; that the area to the rear is the proposed Concert Hall which be at a height of 68 feet above the Federal Emergency Management Agency (FEMA) Flood Zone elevation; that the FEMA Flood Zone elevation is 13 feet; that the full height of the building is 81 feet; that the total height of the building is 81 feet; that the current FWCS is eight feet above the FEMA Flood Zone elevation; that the height of the total complex will increase from 35 to 81 feet; that the view from the south elevation includes an unpaved and paved parking area; that Phase II construction consisting of the Concert Hall is to the west; and indicated the Phase I Education Wing. Mr. . Parsons referred to a photograph of the west elevation from the rear of the building; and stated that the space allows an opportunity for the FWCS to include a visual influence from the rear; that the FWCS is encouraged to do a mural or other relief. Commissioner Quillin asked for clarification concerning the location of the handicapped parking. V. Peter Schneider, Deputy City Manager, came before the Commission stated that six handicapped parking spaces are required and will be provided. Commissioner Quillin stated that no problem is created during the Phase I construction as the handicapped parking spaces are located near the proposed new parking; however, no handicapped parking is included in the driveway of the site plan for the Concert Hall upon the completion of Phase II. Mr. Schneider stated that six handicapped parking spaces are required; that two handicapped parking spaces will be provided to the south; that four will be provided to the north for a total of six. Joel Freedman, AICP, Freedman Consulting Group, representing the FWCS, came before the Commission and stated that handicapped parking will be accommodated; that an appropriate location to ensure accessibility has been discussed; that Staff will be consulted to ensure the spaces are properly located. Commissioner, Quillin stated that handicapped parking has been provided in the drive-around at the VWPAH, which works well. City Manager Sollenberger stated that proposed Resolution No. 01R- 1343 is a quasi-judicial matter; that the Administration does not make recommendations on quasi-judicial matters. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1343 by title only. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to adopt proposed Resolution No. 01R-1343. Commissioner Palmer asked for clarification of the length of time by which Phase I must be complèted. City Manager Sollenberger stated that the 1997 amendment to the lease with FWCS provided for five years from May 28, 1997, within which to commence construction; that a year remains to commence construction, which is a condition of the lease. Commissioner Palmer asked the time by which groundbreaking will occur and the permits will be issued? Attorney Bailey stated that the intention was to begin by September 2000; that construction will begin immediately. Commissioner Martin asked the schedule to begin Phase II? City Manager Sollenberger stated that planning for Phase II has not yet begun; that the schedule for construction of Phase II has not been developed; that the property has a 99-year lease. Mayor Hogle stated that the property has belonged to the City at least since the early 1960s; that the Community Center was on the south end of site; that former City employees, Robert and Sally Blackburn, and Guy Paschal and his wife, Melanie, spent significant time with the youth of the community at the Community Center; that having the FWCS located at the site is a fitting tribute. BOOK 49 Page 20964 04/16/01 6:00 P.M. BOOK 49 Page 20965 04/16/01 6:00 P.M. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt proposed Resolution No. 01R-1343. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 17. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 01R-1346, TO GRANT G ZONE WAIVER APPLICATION NO. 00-GZW-01 AS REQUESTED BY THE FLORIDA WEST COAST FWCS, INC. FOR THE PROPOSED EDUCATION WING (PHASE I) AND PROPOSED CONCERT HALL (PHASE II) TO BE CONSTRUCTED BY THE FLORIDA WEST COAST FWCS, INC. / AT THE CIVIC CENTER COMPLEX IN THE GOVERNMENTAL USE (G) ZONE DISTRICT, ETC. (TITLE ONLY) (APPLICATION NO. 00-GZW-01, APPLICANT THE FLORIDA WEST COAST FWCS, INC., AS TENANT) = ADOPTED (AGENDA ITEM VI-5) #2 (3635) through 3 (0149) Mayor Hogle stated that the unfinished business item concerns adoption of proposed Resolution No. 01R-1346. Allen Parsons, Senior Planner II, Planning Department, came before the Commission and stated that Application No. 00-GZW-01 for a Governmental Use (G) Zone Waiver as incorporated in proposed Resolution No. 01R-1346 requests a waiver from the provisions of the Zoning Code (1998) concerning on-site parking requirements; that the Applicant is the Florida West Coast Symphony, Inc. (FWCS) i that the Shared Parking Agreement between the City and the FWCS approved under Agenda Item No. VI-1 provides for shared parking spaces on the parking lot of the Van Wezel Performing Arts Hall (VWPAH) i that Application No. 00-GZW-01 is divided into two phases: Phase I with a regulatory requirement of 212 parking spaces on site - Thirty-eight (38) parking spaces will be provided on site and 212 parking spaces will be to the north on the VWPAH parking lot. Phase II after completion of the 800-seat Concert Hall with a regulatory requirement of 200 parking spaces on site Seventeen (17) parking spaces will be provided on site and 183 parking spaces will be provided to the north on the VWPAH parking lot. Mr. Parsons continued that approving G Zone Waiver Application No. 00-GZW-01 will allow the FWCS to proceed with construction of the proposed Education Wing during Phase I and Concert Hall during Phase II; that at the February 7, 2001, Planning Board/Local Planning Agency (PBLP) meeting, G Zone Waiver Application No. 00-GZW-01 was found consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards set forth for review in Section IV-1706 (B), Zoning Code (1998), and was recommended for approval. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1346 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 01R-1346. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 01R-1346. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes. Commissioner Palmer stated that having formerly played * the French horn in the FWCS, approval of the motion is a pleasure; that her mother was involved in the FWCS for many years; that the music is wonderful; and thanked the FWCS for assembling a project beneficial to both the FWCS and the City. Commissloner Martin stated that the FWCS does significant work for the children of the community; that the agreement is impressive and was the result of significant compromise and partnership with the FWCS. 18. UNFINISHED BUSINESS: STATUS REPORT RE: PROPOSED SARASOTA COUNTY AREA TRANSIT (SCAT) TRANSFER FACILITY AT LEMON AVENUE - REÇEIVED REPORT (AGENDA ITEM VI-6) #3 (0155) through (1970) City Manager Sollenberger stated that the Sarasota Board of County Commissioners (BCC) has not received the details of the appraisal or the survey of the site on the east side of Lemon Avenue between First and Second Streets which is proposed for the Sarasota County Area Transit (SCAT) Intermodal Transfer Facility; however, a strong commitment from the City for the Lemon Avenue site is requested to assure the grant funds approved by the Florida Department of Transportation (FDOT) to construct the SCAT Intermodal Transfer Facility will not be lost. BOOK 49 Page 20966 04/16/01 6:00 P.M. BOOK 49 Page 20967 04/16/01 6:00 P.M. Jay Goodwill, Executive Director, SCAT, and Gregory Horwedel, Director of Redevelopment and Development Services, came before the Commission. Mr. Horwedel stated that at the November 6, 2000, Regular Commission meeting, the Commission directed City Staff to negotiate with County Staff regarding the construction of the proposed SCAT Intermodal Transfer Facility at the Lemon Avenue site and to accomplish the following tasks: 1. Negotiate a lease with the County for the City right-of-way and property on the east side of Lemon Avenue between First and Second Streets as a SCAT Intermodal Transfer Facility, including surveying the boundaries of the proposed facility, determining the required area for vacation, obtaining an appraisal for the property, and drafting a lease agreement acceptable to the City and County. 2. Preserve as many public parking spaces as possible. 3. Design the site and SCAT Intermodal Transfer Facility with input from Staff, particularly the Sarasota Police Department (SPD). 4. Reexamine bus routing patterns near and around the proposed SCAT Intermodal Transfer Facility. Mr. Horwedel continued that Item Nos. 2, 3 and 4 are resolved; however, an agreement for use of the proposed SCAT Intermodal Transfer Facility has not been completed; that County Staff indicated a draft purchase and sales agreement is nearly complete; that the Commission previously suggested negotiating a lease agreement with the County for use of the property; however, FDOT will not fund a lease for use of the property and indicated the property must be sold to the County to obtain FDOT funding; that as a result, the County proposed a purchase and sales agreement including a provision reverting the property to the City if the County ceases to use the property as a SCAT Intermodal Transfer Facility. Mr. Goodwill referred to displayed computer-generated slides throughout the presentation and stated that a consensus from the Commission and BCC concerning the proposed location and design of the SCAT Intermodal Transfer Facility is sought; that a similar presentation will be made at the April 25, 2001, BCC meeting; that FDOT will extend the April 30, 2001, deadline for funding of the construction of the SCAT Intermodal Transfer Facility if the BCC and the Commission commit to proceed with negotiations; that the proposal includes narrowing Lemon Avenue between Main and First Streets leading to the SCAT Intermodal Transfer Facility, which was previously approved by the Commission; that the west side of Lemon Avenue will be reconstructed to route vehicular traffic through the location of the existing outdoor bus shelters between First and Second Streets; that the median of Lemon Avenue will be relocated slightly to the east; that a separate travel lane will be provided for each direction of vehicular traffic; that the portion of Lemon Avenue between First and Second Streets will. be realigned with the portion of Lemon Avenue between Main and First Streets. Mr. Goodwill continued that the parking lot on the west side of Lemon Avenue between First and Second Streets will be extended to the east, creating an additional 28 parking spaces.; that another 10 on-street parking spaces will be added; that two lanes of traffic will be constructed to pass through the SCAT Intermodal Transfer Facility on the east side of Lemon Avenue, one for SCAT pick up and drop off and one as a bypass lane for SCAT buses or other vehicles; that a 40-foot plaza will be constructed in the center of Lemon Avenue between First and Second Streets; that a 10-foot sidewalk will be constructed to the east of the traffic lanes and the plaza; that a portion of the City Hall parking lot will be utilized to construct the SCAT Intermodal Transfer Facility; that 24 parking spaces in the City Hall parking lot will be displaced; that another 13 parking spaces on Lemon Avenue and First Street will also be displaced, for a total of 37 displaced parking spaces; however, 38 parking spaces will be created to the west of Lemon Avenue; therefore, the City will gain 1 parking space; that an attempt was made to satisfy the parking requirements as directed by the Commission. Mr. Goodwill iurther stated that the County will purchase from the City the 80-by-320-foot area west of Lemon Avenue to construct the SCAT Intermodal Transfer Facility; that the appraised value of the property is $26 per square foot, resulting in an estimated gross value of the property of approximately $478,400; therefore, a purchase and sales agreement to acquire the property from the City for $478,400 will be developed; that the plaza will consist of a series of roofed structures in a pavilion setting; that a specific design is not finalized and requires further input from City Staff; that a suggestion was to design the SCAT Intermodal Transfer BOOK 49 Page 20968 04/16/01 6:00 P.M. BOOK 49 Page 20969 04/16/01 6:00 P.M. Facility to complement the design of City Hall, which is in the style of the Sarasota School of Architecture; that the County and SCAT are amenable to the suggestion; that a ticket sales counter, an information booth, and public restrooms will also be located at the SCAT Intermodal Transfer Facility; that benches and shelters will be installed as passenger amenities; that the cost to construct the SCAT Intermodal Transfer Facility will include the improvement of affected and nearby streets and parking lots. Mayor Hogle asked for clarification concerning the FDOT grant. Mr. Goodwill stated that the FDOT grant is from FDOT Intermodal Funds, which are allocated for projects incorporating a variety of transportation modes but which are no longer an active funding source; that the SCAT Intermodal Transfer Facility will incorporate pedestrian and vehicular modes of transportation; that the total amount of the FDOT Intermodal Funds grant is $2.85 million; that the construction will be completely funded by the FDOT grant, which was obtained several years ago; that FDOT has guaranteed $1.35 million for the planning and design of the SCAT Intermodal Transfer Facility; that the remaining funds will be appropriated upon completion of a final site plan. Commissioner Palmer stated that she was only recently elected to the Commission and did not serve on the Commission which approved the Lemon Avenue site; that significant concerns are held; that the Commission previously approved conditions for approval of the Lemon Avenue site; that the efforts to maintain public parking spaces are appreciated; that Crime Prevention Through Environmental Design (CPTED) principles should be considered in designing the SCAT Intermodal Transfer Facility; that SPD Staff should be consulted on all design proposals; that the urban design of the SCAT Intermodal Transfer Facility should discourage vagrancy and loitering in the Downtown; that SPD may encounter difficulties with vagrancy and loitering after SCAT business hours; that vagrancy and loitering Downtown could increase as a result; and asked the efforts to incorporate CPTED principles in the design of the SCAT Intermodal Transfer Facility? Mr. Goodwill stated that SCAT and the County are committed to incorporating CPTED principles and input from SPD Staff into the design of the SCAT Intermodal Transfer Facility; that vagrancy and loitering detract from SCAT operations; that every effort will be made to eliminate vagrancy and loitering; that the ticket sales counter and information booth will be staffed during SCAT hours of operation; that vagrancy and loitering will be actively deterred; that the design will discourage vagrancy and loitering aiter SCAT hours of operation; that SCAT and the County will continue to work with and receive input from the City and SPD Staff to deter vagrancy and loitering. Commissioner Palmer asked the proposed SCAT hours of operation? Mr. Goodwill stated that the hours of operation are 6:30 a.m. to 6:45 p.m. Commissioner Palmer asked if hours of operation will be extended on weekends and holidays? Mr. Goodwill stated that SCAT provides service on Saturdays from 6:30 a.m. to 6:45 p.m., which may be extended to 10 or 11 p.m.i that SCAT does not currently offer service on Sundays; that evening hours of operation will be extended prior to the extension of service to Sundays; that the necessary funds to initiate SCAT service on Sundays are not available. Commissioner Palmer stated that the concern is to discourage vagrancy and loitering to avoid any subsequent increase in vagrancy and loitering Downtown, which should not be intensified if possible; that a significant number of non-profit and governmental organizations and agencies are cooperating to remedy vagrancy and loitering; that the majority of vagrants and loiterers are actively seeking assistance; however, a small minority of vagrants and loiterers do not seek assistance and continue to pose a significant nuisance in the City; and asked the proposed methods to deter vagrancy and loitering? Mr. Goodwill stated that a definite method has not been determined; that a number of methods could be employed, i.e., installing benches with short arm rests to discourage sleeping on the benches. Commissioner Palmer asked the proposed methods to discourage vagrant use of the public restroom facilities? Mr. Goodwill stated that the public restroom facilities will only be open during hours of operation and will be monitored. Vice Mayor Mason stated that the Commission specifically requested SCAT include SPD Staff in designing the SCAT BOOK 49 Page 20970 04/16/01 6:00 P.M. BOOK 49 Page 20971 04/16/01 6:00 P.M. Intermodal Transfer Facility; that input from the Downtown Association of Sarasota, Inc. (Downtown Association), should also be considered; that the City and County should examine vagrancy and the homeless population Countywide; that the Commission and BCC should participate actively in efforts to address vagrancy and loitering in the local community; that the directions of the Commission have been followed; that input should be received from the local community. Commissioner Quillin stated that the County indicated FDOT will not provide the funds for leased properties; however, a discussion was held with the FDOT Secretary at a recent Sarasota/Manatee Metropolitan Planning Organization (MPO) meeting; that an exception should be made as the SCAT Intermodal Transfer Facility will be located within the Community Redevelopment Area and Tax Increment Financing (TIF) District; that the FDOT Secretary agreed and indicated the possibility of providing grant funding for a lease arrangement would be reevaluated; that FDOT subsequently determined Part III, Community Redevelopment, Chapter 163, Intergovermmental Programs, State Statutes, applied and indicated the funds would be appropriated if the property was leased to SCAT by the City; that a discrepancy exists between the current indications of County Staff and previous indications of FDOT; that the City should obtain a written opinion concerning FDOT's willingness to fund the SCAT Intermodal Transfer Facility if the property is leased from the City; that a lease would be advantageous to the City; that a reverter Clause can have legal loopholes; that the future sales price of the property if reverted to the City is uncertain and should be specified; that incorporating realignment of Lemon Avenue in the design of the SCAT Intermodal Transfer Facility is appreciated; that the train station was previously located nearby; that the SCAT Intermodal Transier Facility could be designed to resemble a train station. Mr. Goodwill stated that commemoration of the train station could be incorporated into the design; that FDOT waivered between supporting and rejecting support of leasing the property by SCAT; that initially, FDOT did not support the leasing of the property but subsequently reversed position and indicated support for leasing the property; that the State Comptroller intervened and decided the grant from FDOT Intermodal Funds would not be awarded to SCAT if the property was leased from the City; that arguments supporting a one-time, lump - sum lease payment for the property were presented to but rejected by the State Comptroller, who would have supported annual lease payments; however, annual lease payments would disqualify SCAT from receiving FDOT Intermodal Funds as lease payments are considered an operating cost; that FDOT Intermodal Funds can only be appropriated for capital costs; that FDOT supported the leasing of the property from the City but was overruled by the State Comptroller. Commissioner Quillin stated that the State Comptroller should be informed of the importance of the SCAT Intermodal Transfer Facility to the Community Redevelopment Area and the TIF District in an effort to reverse the decision. Mr. Goodwill stated that the argument will be presented to the State Comptroller if possible. Commissioner Quillin stated that funds generated from the SCAT Intermodal Transfer Facility will be utilized to stimulate further revitalization Downtown; that a similar argument convinced the FDOT Secretary of the merits of leasing the property from the City. Commissioner Martin asked if SCAT personnel will sell tickets or supervise bus operations? Mr. Goodwill stated that a small office will be constructed and will be utilized to sell tickets, provide information, and supervise and coordinate bus operations. Commissioner Martin asked if staff will be present during all SCAT hours of operation? Mr. Goodwill stated yes. The following persons came before the Commission: Jim Braun, 1390 Main Street (34236), representing the Zenith Insurance Corporation (Zenith), stated that Commissioners Martin and Palmer are congratulated for recent election victories and subsequent seating on the Commission; that purchasing artwork from Jorge Blanco, who is an energetic and inspiring artist, as discussed earlier under the report of the Public Art Committee is supported. Mr. Braun continued that the majority of citizens do not support locating the SCAT Intermodal Transfer Facility on the east side of Lemon Avenue between First and Second Streets; that the SCAT Intermodal Transfer Facility will not improve nearby property values or contribute significantly to the revitalization and BOOK 49 Page 20972 04/16/01 6:00 P.M. BOOK 49 Page 20973 04/16/01 6:00 P.M. growth of Downtown; that the public considers the SCAT Intermodal Transfer Facility a burden; that the Commission should not support the proposed location simply to remedy the ongoing conflict between the City and the County and to obtain State funding; that the Commission should not support the proposed location; that Zenith does not support the proposed location; that the City's future should not be negatively affected by a solution to remedy a temporary problem; that Zenith will continue to support the local community and serve as a constructive participant in the City's efforts to revitalize Downtown; that the Commission should reconsider possible alternative locations for the SCAT Intermodal Transfer Facility; that a joint City and County ad hoc committee should be formed to examine potential sites and alternatives; that the sale of the property should be subject to an open-bid process and not directly sold to the County. Edward Harding, 4004 Chestnut Street (34234), stated that the SCAT Intermodal Transfer Facility should incorporate mixed uses; that the proposed structural design is not supported and is not pleasing; that a multiple-story, mixed-use development incorporating the SCAT Intermodal Transfer Facility, retail opportunities, and parking space should be constructed on the current parking lot between First and Second Streets and Lemon and Central Avenues; that existing parking space should be preserved if possible; that the SCAT trolleys are noisy and create a significant disturbance along Main Street; that the trolley mufflers should be adjusted. Dr. Murf Klauber, 1620 Gulf of Mexico Drive, Longboat Key (34228), stated that he has been a developer in Sarasota for 30 years, with developments including the Quay and One Watergate Tower; that Stanley Marcus of Neiman-Marcus, Inc., was personally persuaded to visit Sarasota to pursue local retail opportunities in the past; that the City and Downtown would have been improved significantly from the current condition if the leaders of Sarasota had formulated a long-term growth plan for the City during the 1960s; that developing properties in the City was personally discontinued after completing earlier developments; that the Commission should devote significant efforts to examining the growth potential of the City and the evolution of Downtown in the future; that the proposed design and location of the SCAT Intermodal Transfer Facility are not supported and are poorly planned; that the design of the SCAT Intermodal Transfer Facility is not reminiscent of the City's culture and class; that a long-term facility should be planned. Dr. Klauber continued that the proposed location for the SCAT Intermodal Transfer Facility represents a short-term solution to a long-term problem; that the SCAT Intermodal Transfer Facility could be constructed on the property at the corner of Second Street and Orange Avenue, which includes the City-owned parking lot and the former DeSears building and which is larger than the Lemon Avenue site; that the Lemon Avenue site was only chosen so existing developments Downtown would not be significantly disturbed; that a plan to incorporate mixed-use development on the property located between First and Second Streets and Lemon and Central Avenues was personally presented but rejected by the previous Commission; that a lawsuit was subsequently initiated against the City to recover development expenses and will be continued; that significant planning efforts are required to ensure the. future prosperity of Downtown and the Cityi that the location and functions of the SCAT Intermodal Transier Facility will be extremely important to future growth and development Downtown; that a joint meeting of the Commission and the BCC should be held to seek a long-term location for the SCAT Intermodal Transfer Facility. Commissioner Quillin stated that negotiations between the City and the County concerning the location of the SCAT Intermodal Transfer Facility have continued for over two years; that the Commission previously expressed support for locating the SCAT Intermodal Transfer Facility at an alternate site; that the County is the controlling government concerning the SCAT Intermodal Transfer Facility and has mandated the Lemon Avenue site, which was not personally supported; however, the Commission decided to locate the SCAT Intermodal Transfer Facility at the Lemon Avenue site; therefore, the Lemon Avenue site will be supported; that negotiations will be continued with diligence; that the City should only lease the property to the County; that the State Comptroller should be notified of the City's desire and the argument supporting the City's claim that the grant funding should be provided for a lease arrangement; that the County repeatedly rejected the City's suggestions and recommendations for other sites. Vice Mayor Mason concurred and stated that the Commission has considered the matter for a significant time and decided to accept locating the SCAT Intermodal Transfer Facility at the Lemon Avenue site; that the decision of the Commission should be supported; that negotiations should proceed. BOOK 49 Page 20974 04/16/01 6:00 P.M. BOOK 49 Page 20975 04/16/01 6:00 P.M. Mayor Hogle stated that the City engaged in significant efforts to plan the revitalization and growth of Downtown by adopting the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020); that the public participated in the preparation of and discussions concerning the Master Plan 2020; that locating the SCAT Intermodal Transfer Facility at the former DeSears building property is not supported by the parishioners of St. Martha's Church; that the Commission should proceed, receive the status report, and provide direction to Staff. City Manager Sollenberger stated that the Administration did not support locating the SCAT Intermodal Transfer Facility at the Lemon Avenue site; however, after much negotiation with the County, the Commission approved the Lemon Avenue site; therefore, the Lemon Avenue site will be fully supported; that the deadline for the FDOT grant is April 30, 2001; however, the FDOT will extend the deadline if a definite commitment is received from the Commission and the BCC to pursue construction of the SCAT Intermodal Transfer Facility at the Lemon Avenue site; that only a commitment to proceed and not a final action is required; that the design of the SCAT Intermodal Transfer Facility remains subject to negotiations; that FDOT will not revoke the grant if a commitment is received prior to April 30, 2001, and the design is finalized during May 2001. City Manager Sollenberger referred to a April 5, 2001, memorandum from Mr. Goodwill to the Commission concerning recommended actions to secure the FDOT grant included in the Agenda backup material and stated that the following is recommended: 1. Approval of the site location and design for the SCAT Intermodal Transfer Facility as detailed in the provided site plan. 2. Authorization of the initiation of the street vacation process for the approximate 6-by-230-foot parcel detailed in the site plan. 3. Authorization to finalize the purchase and sales agreement to convey the 80-by-230-foot parcel detailed in site plan to Sarasota County to construct the new SCAT Intermodal Transfer Facility, subject to the approval of the street vacation. City Manager Sollenberger further stated that the Commission could proceed with approving Recommendation Nos. 1 and 2; that approval in concept of Recommendation No. 3 could be granted pending finalization of the details of the purchase and sales agreement and property surveyi that the County indicated a willingness to hear the proposal of Dr. Klauber and renegotiate the location of the SCAT Intermodal Transfer Facility if feasible; that the recommended actions would assist the County in maintaining the FDOT grant. Commissioner Quillin stated that Recommendation No. 1 cannot be supported; that the site location was determined; that a final design for the SCAT Intermodal Transfer Facility was not presented; that a written opinion should be issued by the State Comptroller prior to providing a commitment; that the property should be leased to the County; that the SCAT Intermodal Transfer Facility is important to the Community Redevelopment Area and the TIF District; that the impact on the TIF District of selling the property to the County could be negative; that the potential negative impact should be explained to the State Comptroller; that the design of the SCAT Intermodal Transfer Facility should be related to the City's current revitalization efforts Downtown; that the design of the old train station should be considered; that the three recommendations are not supported in concept; that Staff should proceed with and finalize negotiations prior to granting conceptual approval. Commissioner Martin stated that the Lemon Avenue site is not preferred; however, the Commission previously approved the Lemon Avenue site, which should therefore be supported; and asked the potential language of a reverter Clause? City Attorney Taylor stated that the County is preparing the purchase and sales agreement and also a reverter clause; that the City Attorney's Office has not reviewed a draft of the purchase and sales agreement; that reverter clauses have been utilized in previous City purchase and sales agreements and typically included a schedule of events prior to reversion of the properties back to the City; that the potential language of a reverter clause cannot be considered until the purchase and sales agreement is presented to the City; that the Agenda item being discussed is a status report only; that specific action is not required; that the County desires an action to support proceeding with the design and construction of the SCAT Intermodal Transfer Facility to maintain the County's rights to the FDOT grant; that the Commission could indicate support for finalizing the design of the SCAT Intermodal Transfer Facility but should not proceed further; that the design should not be finalized until the purchase and sales agreement is presented to the Commission and reviewed by the City Attorney's BOOK 49 Page 20976 04/16/01 6:00 P.M. BOOK 49 Page 20977 04/16/01 6:00 P.M. Office; that the street vacation requires further review and should not be supported at the current meeting. Commissioner Martin stated that a status report only is being presented; that conceptual approval could be granted; however, final approval should not be granted until a definite design is presented to the Commission. Commissioner Palmer stated that the location of the SCAT Intermodal Transfer Facility has been a significant concern of the City for many years; that the Commission previously approved the Lemon Avenue site, which should be supported; that the decision was difficult and was not unanimous; that the decision of a previous Commission should not be overturned by a subsequent Commission; that the previous Commission dedicated significant efforts and time to considering a location; that the Lemon Avenue site is not personally supported; however, a viable alternative to secure the FDOT grant has not been presented; that the City should provide support to secure the FDOT grant; that the current course of action should be maintained; that the City should lease the property to the County; that the State Comptroller should be approached; and asked the property's reversion price if not utilized for a SCAT Intermodal Transfer Facility by the County? City Attorney Taylor stated that the reversion price will be negotiated; that a reverter clause may not include a price. Commissioner Palmer asked if the City could be required to repay the County only the original purchase price of the property? City Attorney Taylor stated yes. Commissioner Palmer stated that the only possible action at the current meeting is to proceed and provide the conceptual support desired by the BCC; that a better alternative does not exist; that the previous decision of the Commission should be respected; that a beneficial outcome should be sought for the City; that the City's concerns should be incorporated into a final agreement. Commissioner Quillin stated that the State Comptroller should not overturn the previous decision; that the City and the County should examine alternate funding sources for the SCAT Intermodal Transfer Facility; that a potential funding source could be a bond issue; that the City should only be required to pay the original purchase price if the property is reverted; thât significant attention should be devoted to the details of any final agreement with the County; that the City-owned properties in the TIF District are significant assets and must be maintained; that the old Selby Public Library was only 25 years old at the time the County spent significant funds to construct the new Selby Public Library in the Downtown; that the potential for the reversion of the property to the City is significant. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to advance the discussions concerning the location of the Sarasota County Area Transit (SCAT) Transfer Façility, conceptually approve the proposal to locate the SCAT Transfer Facility at the Lemon Avenue Mall, and continue to negotiate with the County for finalization of all documents required. to move the process forward to assure the grant from the Florida Department of Transportation is received. Commissioner Mason asked if action can be taken as the Agenda item is for a status report? City Attorney Taylor stated that granting conceptual approval is not a concern; however, approval of more specific recommendations is beyond the scope of the noticed Agenda item. Commissioner Palmer that the intent of the motion is to move the concept of the SCAT Intermodal Transfer Facility Eorward. Commissioner Quillin stated that nothing unintended should be read into the Commission's action; that receiving the report is preferable; therefore, the motion will not be supported; that good input has been provided to Staff who should understand the Commission is conceptually in agreement. Mayor Hogle called for a vote on the motion to advance the discussions concerning the location of the Sarasota County Area Transit (SCAT) Transfer Facility, conceptually approve the proposal to locate the SCAT Transfer Facility at the Lemon Avenue Mall, and continue to negotiate with the County for finalization of all documents required to move the process forward to assure the grant from the Florida Department of Transportation is received. Motion carried (4 to 1) : Martin, yes; Mason, yes; Palmer, yes; Quillin, noi Hogle, yes. 19. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT WITH DMG- MAXIMUS TO CONDUCT EXECUTIVE SEARCH FOR A NEW CITY MANAGER = APPROVED AND AUTHORIZED STAFF TO WORK DIRECTLY UNDER THE AUTHORITY OF THE CITY ATTORNEY AND THE CITY AUDITOR AND BOOK 49 Page 20978 04/16/01 6:00 P.M. BOOK 49 Page 20979 04/16/01 6:00 P.M. CLERK REGARDING THE SEARCH FOR A NEW CITY MANAGER (AGENDA ITEM VI-7) #3 (1970) through (2215) Mayor Hogle stated that the request is to authorize the negotiation of a Professional Services Agreement with DMG- Maximus to conduct an executive search for a new City Manager. William Campbell, Director of Human Resources, came before the Commission and stated that the search process to hire a new City Manager was discussed at the 2 p.m., April 16, 2001, Commission Workshop; that the recommendation is for the Commission to authorize negotiation of a Professional Services Agreement with DMG-Maximus to conduct an executive search for a new City Manager. Commissioner Quillin stated that the Agenda backup material is not clear concerning the source of the funding for the Professional Services Agreement; and asked the funding source? Mr. Campbell stated that the funding of the Professional Services Agreement will be presented under Agenda Item No. VI-8. Commissioner Martin stated that former city managers residing in the City are encouraged to provide input to the Commission and the hired consultant. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to approve negotiation of a Professional Services Agreement with DMG-Maximus to conduct an executive search for a new City Manager. Vice Mayor Mason asked if the City Attorney and the City Auditor and Clerk will be included in the process to hire a new City Manager? Mr. Campbell stated yes; that DMG-Maximus will interview all Commissioners and the Charter Officials in developing the profile for the new City Manager. Commissioner Palmer stated that working directly with Staff to search for a new City Manager is uncomtortable; that the City of Sarasota Charter (1996) (City Charter). directs the Commission to conduct the affairs of the City through the Charter Officials; that the Commission should direct Staff to work under the supervision of the City Attorney and City Auditor and Clerk to conduct an executive search for a new City Manager; that the Commission is not authorized by the City Charter to direct or supervise Staff. City Attorney Taylor stated that the City Manager has designated the Director of Human Resources to work with the Commission to conduct the executive search for a new City Manager. City Manager Sollenberger stated that is correct; that designating the Director of Human Resources is consistent with the City Charter; that personal participation in the search for a new City Manager will not occur; that the Commission will deal directly with the Director of Human Resources. Commissioner Palmer stated that the concern is five Commissioners directing Staff individually; that further discussion can be delayed until after the vote on the motion. Mayor Hogle called for a vote on the motion to approve negotiation of a Professional Services Agreement with DMG-Maximus to conduct an executive search for a new City Manager. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Commissioner Palmer stated that the Charter Officials determine appropriate action under the City Charter; that a motion concerning the executive search will be made unless the Charter Officials believe inappropriate. City Attorney Taylor stated that supervision of Staff by the Commission would be nappropriate only if the Director of Human Resources did not serve as the City Manager's designee; that the Commission could direct the City Attorney and the City Auditor and Clerk to supervise the executive search for a new City Manager if desired. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to authorize Staff to work directly under the authority of the City Attorney and the City Auditor and Clerk regarding the search for a new City Manager. Motion carried unanimously (5 to 0): Martin, yesi Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. 20. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 01R-1359, APPROPRIATING $40,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE COST FOR A BOOK 49 Page 20980 04/16/01 6:00 P.M. BOOK 49 Page 20981 04/16/01 6:00 P.M. CITY MANAGER SEARCH FIRM AND INTERVIEW EXPENSES; ETC. ADOPTED (AGENDA ITEM VI-8) #3 (2215) through (2300) Mayor Hogle stated that proposed Resolution No. 01R-1359 is to appropriate $40,000 from the unappropriated fund balance of the General Fund to fund the cost to conduct an executive search for a new City Manager. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 01R-1359. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1359 by title only. On motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 01R-1359. Commissioner Martin asked the funds available in the unappropriated fund balance? Commissioner Quillin stated that the available funds in the unappropriated fund balance will be discussed during consideration of the fiscal year (FY) 2001/02 budget. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt proposed Resolution No. 01R-1359. Motion carried unanimously (5 to 0) : Palmer, yesi Quillin, yes; Hogle, yes; Martin, yes; Mason, yes. 21. UNFINISHED BUSINESS: APPROVAL RE: CREATION OF AN AD HOC CHARTER REVIEW COMMITTEE APPROVED AND DIRECTED CITY ATTORNEY'S OFFICE TO PREPARE APPROPRIATE RESOLUTION (AGENDA ITEM VI-9) #3 (2300) through (2635) City Auditor and Clerk Robinson stated that at the 2 p.m., April 16, 2001, Commission Workshop, the creation of a Charter Review Committee (CRC) was discussed; that the CRC would consist of ten members; that each Commissioner would appoint two members to the CRC and would submit the names of appointees to the City Auditor and Clerk; that the CRC members should be residents of the City or own property in the City; that the CRC will be requested to complete analysis of the City of Sarasota Charter (1996) (City Charter) and make recommendations to the Commission within four months; that the Committee's purpose is to examine the current form of City government, an elected Mayor, procedures for amending the City Charter, election procedures, and other topics deemed appropriate by the CRC; that the Office of the City Auditor and Clerk will provide administrative support to the CRC; that if necessary, an expert will be hired to provide advice and assistance in formulating recommendations for the Commission; that the CRC will meet twice monthly on the second and fourth Thursday of each month. Commissioner Palmer asked the date of the first CRC meeting? City Auditor and Clerk Robinson stated that each Commissioner is requested to submit the names of appointees to the City Auditor and Clerk within one week; that the first CRC meeting will be an organizational meeting and include an overview of the forms of municipal government; that the second meeting will be a public input session and will be heavily advertised and noticed to receive citizens' comments regarding items in the City Charter requiring examination. Commissioner Quillin stated that a schedule of meetings was not developed; that no date has been specified for the CRC to provide a report to the Commission; that a previous CRC devoted nine months to examining the City Charter. Commissioner Palmer stated that the previous CRC was charged with examining all items in the City Charter; that the proposed CRC will be charged with examining only specific items in the City Charter; that significant provisions were drafted by the previous CRC, which rewrote a significant portion of the City Charter; that rewriting a significant portion of the City Charter will not be required of the proposed CRC; that the primary concern of the proposed CRC is to examine the form of the City government. Commissioner Quillin stated that the CRC should be required to provide recommendations to the Commission within 30 days of the last CRC meeting. Commissioner Palmer stated that the CRC should be required to provide recommendations to the Commission by the September 4, 2001, Regular Commission meeting. Commissioner Quillin stated that a group of Gitizens is collecting petitions to present a referendum concerning the form of City government and is requesting the referendum be presented to the voters at an election on November 6, 2001; that the petitions to BOOK 49 Page 20982 04/16/01 6:00 P.M. BOOK 49 Page 20983 04/16/01 6:00 P.M. present the referendum must be certified by the City, which can choose the date to present the referendum on a ballot. Commissioner Palmer stated that four months of meetings should be sufficient; that the CRC should provide a report after four months; that a Joint Workshop of the CRC and the Commission could be held; that the appropriate schedule to provide a report to the Commission could be determined at the Joint Workshop. City Attorney Taylor stated that amending the City Charter is a complicated process; that a resolution will be required to form the CRC; that Commissioners should submit the names of appointees to the City Auditor and Clerk; that the City Attorney's Office will draft an appropriate resolution; that the schedule and the date for a required report could be discussed after review of the appropriate resolution, which will include the names of the appointees and the schedule and purpose of the CRC; that the resolution could be revised after consideration by the Commission. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to approve the creation of an Ad Hoc Charter Review Committee and the drafting of an appropriate resolution indicating the names of appointees and schedule. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 22. NEW BUSINESS: DISCUSSION RE: STRATEGIC PLAN = DIRECTED THE ADMINISTRATION TO PROCEED WITH THE FORMULATION OF A STRATEGIC PLAN FOR THE CITY AND PROVIDE MONTHLY STATUS REPORTS TO THE COMMISSION AND INCLUDE ALL CHARTER OFFICIALS AND THE COMMISSION IN THE DEVELOPMENT OF A STRATEGIC PLAN (AGENDA ITEM VII-1) #3 (2635) through (3110) Mayor Hogle stated that discussion of a strategic plan for the City was placed on the Agenda at the request of Commissioner Palmer. Commissioner Palmer stated that formulating a strategic plan for the City is a personal goal and an election promise to the public; that the Commission should authorize the Administration to proceed with the formulation of a strategic plan; that formulation of the strategic plan should involve all Charter Officials; that a strategic plan concerns more than development and growth issues; that the future functions and operations of the City Attorney's Office should also be examined in the strategic plan; that the strategic plan should specifically assess if the City Attorney's Office should be directly employed by the City; that the informational functions of the Office of the City Auditor and Clerk should also be examined; that support is requested to authorize the Administration and Staff to proceed with developing a strategic plan. Commissioner Quillin stated that the Administration is currently formulating a strategic plan; that the status of the current strategic plan should be presented to the Commission; that developing a strategic plan is supported. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Administration is currently developing a strategic plan and is collecting the initial data; that a scorecard cataloguing previous City initiatives and plans such as the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) - the Regional/Urban Design Assistance Team (R/UDAT) Study, November 1983, the Capital Improvements Program (CIP), the Neighborhood Action Strategies (NASs), and the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020), is being developed; that a report of the status of all City initiatives, plans, and projects will also be developed; that the scorecard is an important performance management tracking tool; that each initiative or plan included in the scorecard will be matched to a City goal; that a significant number of initiatives and plans will be matched with multiple goals; however, a major or primary goal will be developed for each initiative and plan; that after all plans and initiatives are matched to a City goal, the Administration will rank the initiatives and plans accordingly and will set the City's priorities according to each goal; that the Charter Officials and all Department Heads will be involved in determining the City's priorities; that the Administration is currently in the process of collecting all available data regarding the City's existing plans and initiatives; that collecting the data is an extensive and time-consuming task. Commissioner Palmer stated that the efforts to formulate a strategic plan are appreciated; however, the Administration should not be solely responsible to collect all City data; that the process of data collection should involve all the Charter Officials; that formulating the strategic plan should be the City's first priority; that support to authorize the Charter BOOK 49 Page 20984 04/16/01 6:00 P.M. BOOK 49 Page 20985 04/16/01 6:00 P.M. Officials to proceed with tormulating the strategic plan is requested. City Manager Sollenberger concurred and stated that all Charter Officials should be involved in collecting the City's data to formulate a strategic plan; that the input of the City Attorney and City Auditor and Clerk is important to the successful formulation of a strategic plan; that the City Attorney's Office and the Office of the City Auditor and Clerk will be significantly affected by the recommendations of a strategic plan; that the methods to formulate a strategic plan will be discussed with the City Attorney and City Auditor and Clerk; that departmental Staff will also be required to provide significant assistance to formulate a strategic plan; that significant cooperation will be required of Staff and the Charter Officials; that the input of the City Attorney and City Auditor and Clerk will be incorporated into the determining process to formulate a strategic plan. Vice Mayor Mason stated that a monthly report should be provided to the Commission concerning the status of the strategic plan to ensure timely completion. Mr. Schneider stated that a monthly report concerning the status of the strategic plan will be provided to the Commission. Commissioner Quillin stated that collecting data is a time- consuming process; that the City continues to collect data concerning the proposed Geographic Information System (GIS), which is not fully operational; that a schedule and report concerning the formulation of a strategic plan should be provided to the Commission; that projects in many City initiatives and plans may never be initiated or completed; that the required funds to implement all recommended projects are not available; that formulating a strategic plan will encourage implementation of performance-based budgeting; that establishing definite goals and budgeting criteria will further assist Staff and the Administration in managing the City; that the City's short-, intermediate-, and long-term goals should be established; that a number of the long-term goals may not be accomplished; however, definite goals determine objectives for accomplishment; that goal-setting is an important priority for the City and the Commission; that the Commission Workshop for the annual Capital Improvement Elements/Capital Improvement Program (CIE/CIP) will occur prior to the Commission Goal- Setting Workshop; that goals should be established prior to funding particular programs or projects; that the City also experiences a number of annual crises requiring immediate action; that a strategic plan will facilitate the efforts to manage the City. Commissioner Palmer stated that crises requiring immediate resolution will always be presented; that a strategic plan should be developed to establish the City's goals. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to proceed with the formulation of a strategic plan for. the City and to direct the inclusion of all Charter Officials and the Commission in the development of a strategic plan. Commissioner Martin stated that proceeding with the formulation of a strategic plan is a vague direction to the Charter Officials and Staff; that a definite schedule should be developed. Mayor Hogle stated that a monthly report will be provided to the Commission to facilitate the formulation of a strategic plan. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 23. NEW BUSINESS: PRESENTATION RE: HOUSING AUTHORITY REQUEST FOR $50,000 OF CITY FUNDS TO ASSIST IN DEVELOPING A HOPE VI APPLICATION = APPROVED (AGENDA ITEM VII-2) #3 (3110) through (3640) Rudy Vazmina, Executive Director, SHA, and Gregory Horwedel, Director of Redevelopment and Development Services, came before the Commission Mr. Horwedel stated that the SHA recently requested $50,000 from the City to assist in funding the costs to prepare a Housing Opportunities for People Everywhere (HOPE) VI Revitalization Grant Application for submission to the United States Department of Housing and Urban Development (HUD) i that Staff indicated the funds were not budgeted; however, a request for funding could be sought from the Commission and funding sources examined; and referred to a April 2, 2001, memorandum from Donald Hadsell, Director of Housing and Community Development, to the Administration indicating $51,574 could be transferred from the fiscal year 2000/01 budget of the Office of Housing and BOOK 49 Page 20986 04/16/01 6:00 P.M. BOOK 49 Page 20987 04/16/01 6:00 P.M. Community Development to the General Fund and could be utilized to provide the requested $50,000 in assistance to SHA. Mr. Vazmina stated that SHA is currently focusing on housing redevelopment efforts in north Sarasota and is the owner and manager of a significant number of properties located in the Newtown and Central/Cocoanut Avenue neighborhoods; that SHA properties in northern Sarasota require significant renovations and repairs; that sufficient funds are not currently available to implement the required renovations and repairs; that the HOPE VI Revitalization Grant could provide significant funds for capital improvements to housing projects; that previous SHA Administrations prepared HOPE Revitalization Grant Applications but were unsuccessful in obtaining funds; that the HOPE VI Revitalization Grant provides funding not just for capital improvements but also for neighborhood projects and services; that receiving a HOPE VI Revitalization Grant will provide significant revitalization to many City neighborhoods; that the City is currently planning a Comprehensive Master Redevelopment Plan for Newtown and to implement an Enterprise Zone in Newtown; that the City's efforts to revitalize Newtown will provide significant impetus for the approval of SHA's HOPE VI Revitalization Grant Application, which will provide significant revitalization funds to the City's northern neighborhoods if approved. Mr. Vazmina continued that SHA's HOPE VI Revitalization Grant Application will incorporate the concepts and themes espoused by the City in revitalizing the Gillespie Park, Newtown, and Rosemary Neighborhoods; that the consultant fee is $150,000; that SHA is requesting City funding for a portion of the consultant's fee; that Telesis, Inc. (Telesis) was retained by SHA to prepare the application; that Telesis obtained a HOPE VI Revitalization Grant for the City of Bradenton and is familiar with the local community; that Telesis has prepared 12 HOPE VI Revitalization Grant Applications and was successful in receiving 10 HOPE VI Revitalization Grants for cities located throughout the United States; that up to $25 million could be awarded to SHA for neighborhood and capital improvements in north Sarasota; that the City must partner with SHA to ensure a successful application and redevelopment efforts in north Sarasota; that SHA is seeking $50,000 in assistance to fund a portion of the Telesis fee. Commissioner Palmer stated that the requested funding is supported; that SHA's efforts to formulate a Comprehensive Master Redevelopment Plan for Newtown and to support an Enterprise Zone in Newtown are appreciated. City Manager Sollenberger stated that the Administration recommends approving the funding request of $50,000 to SHA; that a resolution to appropriate $50,000 from the General Fund will be prepared and presented as a Consent Agenda Item at a future Regular Commission meeting. Vice Mayor Mason stated that SHA previously prepared two unsuccessful HOPE VI Revitalization Grants; however, an opportunity currently exists to formulate a successful HOPE VI Revitalization Grant and should be supported by the Commission; that Telesis has also provided services in Newtown and to the Greater Newtown Community Redevelopment Corporation and has previously prepared successful HOPE VI Revitalization Grant Applications; that most importantly, the Newtown Community is familiar with and supportive of Telesis; that the potential to receive HOPE VI Revitalization Grant funds is significant; that receiving a HOPE VI Revitalization Grant and funds to implement an Enterprise Zone in Newtown will contribute significantly to the City's efforts to redevelop Newtown; that the funding request is supported. On motion of Vice Mayor Mason and second of Commissioner Palmer, it was moved to approve $50,000 in funding assistance to the Sarasota Housing Authority to fund the preparation of a HOPE VI Revitalization Grant Application. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yesi Hogle, yes. Commissioner Martin stated that Telesis is highly recommended and has been successful in obtaining grants for other jurisdictions; that the potential for the City to receive a HOPE VI Revitalization Grant is significant. 24. NEW BUSINESS: DISCUSSION RE: SALE OF CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SECOND STREET AND ORANGE AVENUE - REFERRED THE POSSIBLE SALE OF THE CITY-C OWNED PROPERTY TO THE ADMINISTRATION TO DETERMINE A SALES PRICE AND CONSIDER PUBLIC USE OF THE PARKING SPACES AFTER BUSINESS HOURS (AGENDA ITEM VII-3) #3 (3640) through #4 (1815) BOOK 49 Page 20988 04/16/01 6:00 P.M. BOOK 49 Page 20989 04/16/01 6:00 P.M. Gregory Horwedel, Director of Redevelopment and Development Services, Jay Crouse, General Partner, Day One, and Charles Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, representing Day One, came before the Commission. Mr. Horwedel stated that Day One indicated an interest in purchasing City-owned property at the southeast corner of Second Street and Orange Avenue from the City in January 2001; that the property is currently utilized as a public parking lot; that the City has owned the property for a significant period of time; that the records of the County Property Appraiser do not indicate a previous owner of the property which is approximately 46 feet wide by 200 feet long and is not conducive to development; that Day One is in the process of purchasing the property of the adjacent former DeSears building and is seeking to acquire the property to provide parking space for a proposed development; that the frequency of parking at the property was reviewed with the Sarasota Police Department (SPD), which indicated the lot is utilized infrequently; that an average of six parking permits are issued per month for use of the parking lot's 20 spaces; that purchase of the property was previously scheduled for consideration at the March 19, 2001, Regular Commission meeting; however, Day One decided to postpone consideration until the new Commission was seated. Mr. Horwedel continued that another purchase offer for the property was recently received; that on April 2, 2001, General Services received a purchase offer of $225,000 for the property from Attorney Richard Ulrich, law firm of Judd, Shea, Ulrich, Oravec and Dean, P.A., representing Dr. Merv Klauber who seeks to acquire the property to provide additional parking space for a nearby professional office building located at 1551 Second Street, which currently has 17 parking spaces; that Dr. Klauber has also suggested the City utilize the property as the location of the Sarasota County Area Transit (SCAT) Intermodal Transier Facility. Commissioner Quillin stated that the Commission neither declared the property surplus nor authorized the potential sale of the property; and asked the reason the property is being sold? Mr. Horwedel stated that Administrative Regulation No. 024.A011.0398 authorizes Staff to consider the disposition of City property and to proceed with selling City-owned property if an appraisal of the property is conducted and the purchaser agrees to purchase the property for the appraised value; that a purchase and sales agreement is developed requiring the Commission's approval; that the appropriate requirements were followed; that a purchase and sales agreement was drafted; that the Commission may or may not choose to approve the purchase and sales agreement. Commissioner Quillin stated that the State Statutes require a municipality declare property surplus before the property can be sold; that the State Statutes take precedence over the City's Administrative Regulations; that legal comment concerning the sale of City property is requested. City Attorney Taylor stated that the State Statutes do not currently require the City declare property surplus prior to the sale of property. Commissioner Quillin stated that the requirement applies to public property located in a Tax Increment Financing (TIF) District or a Community Redevelopment Area. City Attorney Taylor stated that the property is not subject to the provisions of the Community Redevelopment Act; that external parties are not entitled to bid the purchase of the property; that the property was not acquired by the Community Redevelopment Agency (CRA), with TIF funds, or acquired by the City for redevelopment purposes; that the City owned the property before the CRA was constituted; that the State Statutes do not impose any special requirements to sell City-owned property. Commissioner Martin asked if the appraisal price is also the offered price? Mr. Horwedel stated yes; that Day One is offering to purchase the property at the appraised price of $211,600; however, Dr. Klauber is offering to purchase the property for $225,000. Commissioner Martin asked if parking is provided for the former Desears building? Mr. Horwedel stated that patrons of the former DeSears building previously parked at the adjoining City-owned parking lot; that providing . sufficient parking was a significant problem for DeSears, Inc. (DeSears); that customers were discouraged from patronizing Desears due to insufficient parking; that the primary interest of Day One is to redevelop the DeSears property; BOOK 49 Page 20990 04/16/01 6:00 P.M. BOOK 49 Page 20991 04/16/01 6:00 P.M. therefore, providing adequate parking is a significant concern; that the City-owned parking lot is required to provide sufficient parking space and ensure a viable business development. Commissioner Martin asked the parking requirements to develop the former DeSears property? Mr. Horwedel stated that parking is not required for the former DeSears property; that buildings less than 35 feet in height or 10,000 square feet. are not required to provide for parking. Mr. Crouse stated that the opportunity to address the Commission is appreciated; that Day One wishes to redevelop the former Desears building for professional office use; that the redeveloped building will relate to the City's efforts to revitalize Downtown; that the façade of the building will resemble recent new construction and building renovations Downtown; that the interior of the redeveloped building will be a mixed-use development for professional, architectural, and legal uses; that the former Desears building currently has 6 parking spaces located at the rear of the building; that the current parking is not sufficient to maintain viable professional operations; that the 20 parking spaces located in the adjoining City-owned parking lot are required to ensure the economic success of the redeveloped building. Commissioner Palmer asked the offered price for the property? Mr. Crouse stated that the offered price is the appraisal value of $211,600. Attorney Bailey stated that purchase agreement between the City and Day One was drafted prior to the recent purchase offer of $225,000 submitted by Dr. Klauber; that the professional office building on Second Street owned by Dr. Klauber is also deficit of parking space; however, the property currently has 17 parking spaces while the former DeSears building only offers 6 parking spaces; that the former DeSears building represents a significant redevelopment opportunity in the City and requires the additional adjoining parking spaces to ensure economic viability; that no one previously desired to acquire the former Desears building due to the inadequate parking space; that Day One initiated a purchase offer to the City and agreed to the appraised value of the property; that Dr. Klauber's property is located a significant distance from the parking lot; that an off-site parking agreement approved by the Planning Board/Local Planning Agency (PBLP) would be required to utilize the propertyi that the utility and location of the City-owned parking lot will best serve the adjoining former DeSears building. Mayor Hogle asked if the property is directly contiguous to the former Desears building? Attorney Bailey stated yes. Commissioner Quillin stated that Downtown is currently experiencing a significant shortage of parking space; that City- owned parking lots should not be sold; that selling parking lots is fiscally irresponsible; that the City has invested significant funds to acquire additional parking spaces but recently sold parking spaces to enable the construction of the Selby Public Library; that caution should be exercised in the sale of public property; and asked if Staff discussed the potential to lease parking spaces to the tenants of the redeveloped DeSears building? Mr. Horwedel stated that the leasing of parking spaces was discussed; however, Day One indicated a desire only to purchase the City-owned parking lot. Commissioner Quillin asked if Day One is willing to lease parking spaces from the City if the sale is not approved? Mr. Crouse stated that the Day One's interest is to acquire the propertyi that a lease will be considered if the property is not acquired. Commissioner Quillin stated that the City recently approved the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020), which included examination of the available parking Downtown and indicated significant additional parking spaces should be constructed; that the City should not sell much needed public parking spaces; that the parking lot is regularly utilized by the public; that City employees utilized the parking lot during recent renovations to City Hall; that citizens previously utilized the public parking to patronize DeSears; that the parking requirements of local businesses are significant and understood; however, the public need for parking space is also significant; that public parking spaces should be maintained if possible. Mayor Hogle stated that the parking lot was only previously used to patronize Desears. Dr. Murf Klauber, 1620 Gulf of Mexico Drive. Longboat Key (34228) and Richard Ulrich, Attorney, law firm of Judd, Shea, Ulrich, BOOK 49 Page 20992 04/16/01 6:00 P.M. BOOK 49 Page 20993 04/16/01 6:00 P.M. Oravec and Dean, P.A., 2940 South Tamiami Trail (34239), came before the Commission. Attorney Ulrich stated that Downtown has a shortage of parking spaces; that the properties owned by Dr. Klauber and the former DeSears building require significant parking spacei that a significant number of local businesses would be interested in acquiring additional parking spaces Downtown; that Dr. Klauber has exerted significant efforts to revitalize Downtown; that the City should not sell the property without publicly noticing the potential sale; that the property could be sold for significantly more than the appraised value; that significant revenues could be generated from the property's sale; that many local businesses would be interested in acquiring the property; that obtaining an off-site parking agreement could be accomplished; that the Master Plan 2020 endorses the concept of off-site parking to generate pedestrian activity Downtown and encourage revitalization; that $225,000, which is substantially higher than the appraised value, is offered to purchase the property; that the Commission should not approve the purchase agreement and should entertain Dr. Klauber's purchase offer. Dr. Klauber stated that apologies are offered for previously insinuating the long-term planning efforts of the Commission were insufficient; that the intent is only to insinuate the long-term planning efforts of the Master Plan 2020 are insufficient; that a purchase offer would have been made sooner if the property's potential sale was publicly noticed; that an effort was previously made to purchase the property from the City but was rejected; that significant parking space is required by many Downtown businesses; that a purchase offer was immediately initiated after learning of the potential sale of the property; that the tenants of the professional office building require additional parking space; that use of the parking lot for the SCAT Intermodal Transfer Facility will also be examined if acquired; that a proposal will be presented to the City in approximately one week. Mayor Hogle asked the location of the professional office building owned by Dr. Klauber? Attorney Ulrich stated that the professional office building is on the north side of Second Street at 1551 Second Street. Paul Thorpe, Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), 1818 Main Street (34236), came before the Commission and stated that public parking is in significant demand Downtown and should be maintained; that local businesses seek the acquisition or construction of additional parking spaces Downtown; that the vehicles of patrons are frequently towed due to a shortage of parking and the necessity of parking in private parking lots; that citizens are complaining of the shortage of parking; that the successful revitalization of Downtown requires the addition of significant parking space; that the City should lease parking spaces to local businesses and should not sell the property; that parking spaces could be leased to local businesses during operating hours with public use allowed at night; that the City possesses a significant entertainment district; that public parking space is required for night performances and activities Downtown; that use of the Selby Public Library is signiticant; that the parking lot of the Selby Public Library is frequently full sO patrons must find parking space elsewhere; that 109,000 patrons visited the Selby Public Library last yeari that insufficient parking space exists Downtown; that local businesses and citizens require additional parking space. Mayor Hogle stated that the City-owned parking lot adjoining the former DeSears building is rarely utilized; and asked if the parking lot is utilized Érequently by local businesses and patrons during the daytime? Mr. Horwedel stated that SPD Staff indicated the parking lot is significantly utilized during the Farmer's Market each Saturday morning but infrequently during other times of the week; that the public may not be aware of the availability of the public parking spaces on the property; that the public may associate the parking lot with the vacant former DeSears building; that revenues generated from the sale of the property could be utilized to construct a City-owned public parking garage as recommended by the Master Plan 2020. Commissloner Quillin asked the value of a parking space? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the value of a parking space ranges from $10,000 to $15,000. Commissioner Quillin asked if the value of on-street parking spaces differs from parking spaces located in a parking lot? Mr. Daughters stated that parking spaces located in parking lots are typically valued from $12,000 to $15,000. BOOK 49 Page 20994 04/16/01 6:00 P.M. BOOK 49 Page 20995 04/16/01 6:00 P.M. Commissioner Quillin asked the numbered of metered parking spaces located on the property? Mr. Horwedel stated 20. Commissioner Quillin stated that more than 20 metered parking spaces were personally counted; that the property is not surplus and should not be sold; that the parking lot is utilized by the public, which may not be adequately informed of the public parking spaces available on the property; that City employees utilized the property during renovations to City Hall; that selling City-owned parking spaces is not supported at the current time; that the City should arrange a long-term lease agreement of the property with Day One; that too many private parking lots exist in the City. Mayor Hogle stated that the parking lot was only utilized by the public to patronize Desears; that the property is located contiguous to the former DeSears building, which has remained vacant for many years and should be redeveloped if possible; that the revenues generated from the sale of the property could be utilized to construct a parking garage Downtown for local businesses and the public; that the result would be the net addition of parking spaces Downtown; that the City should support redevelopment efforts Downtown. Commissioner Martin concurred and stated that additional parking spaces are required Downtown; and asked if the parking spaces could be utilized by the public after business hours? Mr. Horwedel stated that utilizing the parking spaces by the public after business hours was discussed; however, Day One indicated an unwillingness to allow public use of the parking spaces after business hours. Mr. Crouse stated that the parking spaces would be leased to the tenants of the building, who would expect use of the parking spaces at all times; however, public use of some parking spaces after business hours could be negotiated. Commissioner Martin stated that a significant number of private parking lots allow public use after business hours; that local businesses are encouraged to allow public use of private parking spaces if not utilized after business hours. Commissioner Quillin stated that leasing the parking spaces is preferred; that the City could require public use of the leased parking spaces after business hours; that Day One has offered $211,600 to purchase the property, which is valued at approximately $300,000 in parking spaces; that the City would be required to replace the parking spaces; that the former DeSears building should be redeveloped; that Day One and the City should cooperate to reach an amicable resolution; that selling the property would be fiscally irresponsible. Mr. Crouse stated that the former Desears building has been vacant for a significant period of time; that no one previously offered to purchase the building due to the lack of parking; that vacant parking lots attract patrons Downtown; however, the location of the parking lot is not conducive to patronization Downtown; that arranging a long-term lease would be difficult; that the purchase and redevelopment of the building will require a significant investment; that leasing parking space would deter the future sale of the building. Commissioner Quillin stated that the former Desears building is located in the Commercial, Central Business District (C-CBD) Zone District, in which parking requirements are negotiable and relaxed; that a parking garage could be constructed Downtown; that the parking spaces in a Downtown parking garage could be utilized by the tenants of the renovated DeSears building and Downtown merchants and patrons; that the City should not sell the property until definite plans to construct a parking garage Downtown are formulated; that constructing a parking garage Downtown would spur the further revitalization and redevelopment of Main Street; that the sale of the property to Day One is not supported; however, a long-term lease of the parking spaces on the property is supported. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to extend the meeting beyond 11:30 p.m. to complete the Agenda. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Vice Mayor Mason stated that selling the property is supported if public use of the parking spaces is allowed after normal business hours; that Downtown is not visited at night due to the shortage of public parking space; that many Downtown businesses do not allow public use of private parking spaces after business hours; that sufficient parking spaces exist Downtown; however, Downtown businesses are not allowing public use of a significant portion of available. parking spaces; that the majority of private parking spaces are not utilized on weekends; that the lack of public parking spaces Downtown at night stymies public interest and revitalization efforts. BOOK 49 Page 20996 04/16/01 6:00 P.M. BOOK 49 Page 20997 04/16/01 6:00 P.M. Mr. Crouse asked the Commission's preferred hours and the number of public-use parking spaces desired? Vice Mayor Mason stated that public use of the parking spaces should be allowed after business hours and on weekends and holidays; that the expectation is not to allow public use of the parking spaces during normal business hours. Mayor Hogle stated that signs indicating the hours allowing the use of public parking spaces could be installed; that the public could be allowed to use the parking spaces between 9 p.m. and 6 a.m. weekdays and during weekends and holidays. Mr. Crouse stated that public use of the parking spaces between 9 p.m. and 6 a.m. could be supported if the purchase and sale agreement is approved. Attorney Bailey stated that a few parking spaces should be reserved for the principals of the tenant firms at all hours; that protessionals frequently work long hours on weekdays, weekends, and holidays; however, not all professionals work long hours at all times; that a few parking spaces should be reserved for the tenants of the renovation Desears building. Mr. Crouse stated that the parking shortage is personally experienced as a local business owner; that public parking space use could bé negotiated if the purchase agreement is approved. Mayor Hogle asked for legal comment concerning the property sale and public use of the parking spaces after business hours. City Attorney Taylor stated that the discussion concerns negotiation of the purchase and sale agreement between the City and : Day One; that the purchase and sale agreement did not previously consider public use of the parking spaces after business hours and would require substantial revision if approved. Commissioner Quillin stated that a continuing concern and reservation is allowing public use of the parking spaces after business hours; that parking spaces should be leased to Day One to remedy the concern and provide parking to the renovated DeSears building; that appropriate signage could be installed at the parking spaces leased to Day One. Attorney Bailey asked the party liable for the leased parking spaces? Commissioner Quillin stated that the City maintains liability if the parking spaces are leased. Attorney Bailey asked the liability if the property is purchased by Day One but public use is allowed after business hours? Commissioner Quillin stated that Day One would be the liable party; that other Downtown businesses do not allow public use of private parking spaces after business hours due to the liability risk and additional maintenance requirements; that leasing parking spaces to Day One would provide a reasonable solution. Attorney Ulrich stated that the Agenda Item indicates only the discussion of the sale of the City-owned property at the southeast corner of Second Street and Orange Avenue and does not indicate the property should be sold to a particular person or entity; that permission is sought to respond to the proposal of Day One; that Dr. Klauber is willing to enter into an agreement which would allow public use of some parking spaces; that certain parking spaces could be dedicated for public parking; that a long-term lease agreement with the City for use of the parking spaces and continued public use of the leased parking spaces would be considered; that the City should not sell the property to Day One without considering alternate proposals; that a proposal has been presented to purchase the property at a higher price, which would fund the construction of more parking spaces than the sale of the property to Day One; that negotiations should include all parties interested in acquiring parking spaces at the property; that Dr. Klauber is also willing to lease rather than purchase spaces from the City. On motion of Commissioner Quillin, it was moved to refer the sale of the City-owned property located at the southeast corner of Second Street and Orange Avenue to the Administration for the purpose of negotiating the lease of the parking spaces located on the property. Motion failed for a lack of a second. Commissioner Palmer stated that the price of the property is a significant concern; that public use of the parking spaces should be allowed after business hours; however, the maintenance and liability concerns are understood; that the disposition of public property requires caution and significant consideration; that parking spaces could be leased to Day One and Dr. Klauber until the property is sold; that a discussion was held with a BOOK 49 Page 20998 04/16/01 6:00 P.M. BOOK 49 Page 20999 04/16/01 6:00 P.M. representative of Day One; that the City should receive the highest possible price for the property; that public use of the parking spaces should be allowed if possible; that the parking lot has not been significantly utilized; that the former Desears building has been vacant for a significant period; that the City should encourage and facilitate efforts to renovate the DeSears building, which lacks sufficient parking space; that too many items require consideration and discussion to arrive at a final decision at the current meeting. Mr. . Crouse stated that Day One is willing to purchase the property for $225,000 and to negotiate public use of the parking spaces after business hours; that previous private-public partnerships to provide parking spaces after business hours should be examined and discussed as potential precedents for a final purchase agreement. Commissioner Quillin stated that complications will result unless the property is owned by the Cityi that the Selby Public Library is experiencing a significant problem by allowing public use of library parking; that library patrons are experiencing difficulty in obtaining parking space; that the matter should be referred to the Administration for further analysis. Commissioner Palmer asked the Administration's recommendation? City Attorney Taylor stated that the Administration presented the item as a negotiated purchase agreement between the City and Day One; that the Commission has considered issues other than presented in the original purchase agreement; that another purchase offer has been presented to the City; that the issues will probably not be resolved at the current meeting and require further examination; that the sale of the property should be referred to the Administration for further analysis of the issues considered at the current meeting; that the Administration will consult with the City Attorney's Office; that a recommendation could be presented at the May 7, 2001, Regular Commission meeting; that the Commission has not indicated support for approving the purchase and sale agreement between the City and Day One as presented. Commissioner Palmer stated that the purchase and sale agreement was previously negotiated but not significantly discussed at the current meeting; that according to the proposed purchase and sale agreement, the City maintains the right to approve the development; that a performance schedule is included in the purchase agreement, allowing the City to recapture the property for the original sales price if the former DeSears building is sold; that a number of significant conditions were negotiated; however, too many significant issues remain unsolved; that the foremost concern is the sales price of the property; that an unresolved issue is public use of the parking spaces; that resolving the issues is not probable at the current meeting. Commissioner Martin stated that redevelopment efforts Downtown should be encouraged and facilitated by the City; however, public use of the parking spaces is a significant issue and should be allowed; that the former DeSears building requires parking spaces to ensure a viable business operation; that parking spaces are required Downtown; that a compromise should be reached. Vice Mayor Mason concurred and stated that the property's sale could be supported if public use of the property is allowed after business hours; that a private facility is managed in Newtown; that the public was previously not allowed to utilize the adjoining parking spaces after business hours; that the public did not perceive the facility's actions as neighborly; that subsequently, the private facility began allowing public use of the parking spaces after business hours; that a spirit of community cooperation was furthered; that the sale of the property should be referred to the Administration to resolve the details of allowing public use of the parking spaces after business hours. Mayor Hogle concurred. Commissioner Quillin stated that the value of the parking spaces is approximately $300,000; that public parking is scarce Downtown; that the City should not sell the property to Day One but should lease the parking spaces to Day One or other local businesses; that the property could otherwise be developed by the City if a parking garage is constructed Downtown. Commissioner Martin stated that liability is a concern. Mayor Hogle stated that the consensus of the Commission is to refer the possible sale of the City-owned property located at the southeast corner of Second Street and Orange Avenue to the Administration to determine a sales price for the property and consider public use of the parking spaces after business hours. 25. NEW BUSINESS: DISCUSSION RE: FEDERAL FUNDING FOR LIDO BEACH CURRENT REQUEST FOR FUNDING & LONG-TERM CONCERN ABOUT BOOK 49 Page 21000 04/16/01 6:00 P.M. BOOK 49 Page 21001 04/16/01 6:00 P.M. POTENTIAL FEDERAL CUTBACK APPROVED A PROPOSED APRIL 17, 2001, LETTER TO US PRESIDENT GEORGE W. BUSH CONCERNING SUPPORT FOR CONTINUED FEDERAL FUNDING AT THE CURRENT LEVELS FOR BEACH RENOURI: SHMENT PROJECTS (AGENDA ITEM VII-4) #4 (1815) through (1960) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the City recently requested $350,000 in Federal Construction General Funds during fiscal year (FY) 2003/04 for the Lido Beach Renourishment Project; that the funding request was required made the current fiscal year; that a March 1, 2001, letter was sent from the Mayor to local Federal legislators requesting support for the City's funding request; that the funding has not yet been approved; that the Administration continues to attempt to persuade local Federal legislators to sponsor the City's funding request; that the City will request Federal funding during FY 2001/02 if not successful during the current year. Mr. Daughters continued that another significant concern is the continuance of Federal funding for beach renourishment projects; that currently, Federal funding accounts for 65 percent of beach renourishment projects; that local governments are responsible for funding the remaining 35 percent of renourishment costs; that the State currently funds 17.5 percent of a local government's renourishment costs; that United States President George W. Bush is recommending Federal funding be reduced to 35 percent of renourishment costs; that the City is currently required to fund $4.2 million for renourishment projects through the next ten years; that the City's funding of renourishment projects will increase significantly if the proposed reduction in Federal funding is approved; that the Administration recommends approving the April 17, 2001, letter included in the Agenda backup material to President Bush concerning support for continued Federal funding for beach renourishment projects. Mayor Hogle stated that support should also be sought from the Florida League of Cities and the National League of Cities. Vice Mayor Mason concurred and stated that the Administration's recommendation to approve the proposed letter is supported. On motion of Vice Mayor Mason and second of Commissioner Palmer, it was moved to approve the proposed April 17, 2001, letter to United States President George W. Bush concerning support for continued Federal funding for beach renourishment projects at the current level of 65 percent of cost. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. 26. NEW BUSINESS: DISCUSSION RE : STREET NAME CHANGE FROM I 6TH STREET" TO "BOULEVARD OF THE ARTS" BETWEEN U.S. 41 AND ORANGE AVENUE DIRECTED THE CITY ATTORNEY'S OFFICE TO PREPARE A RESOLUTION TO CHANGE THE NAME OF SIXTH STREET TO BOULEVARD OF THE ARTS BETWEEN US 41 AND ORANGE AVENUE AND TO SCHEDULE A PUBLIC HEARING TO CONSIDER THE PROPOSED RESOLUTION (AGENDA ITEM VII-5) #4 (1960) through (2165) City Manager Sollenberger stated that the Commission previously requested Staff investigate the renaming of Sixth Street to Boulevard of the Arts; that Staff has conducted a study and is prepared to make a recommendation. Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Hay, Deputy Director of Enginering/Deputy City Engineer, came before the Commission. Ms. Hay stated that Staff solicited neighborhood input concerning a proposed name change of Sixth Street to Boulevard of the Arts between US 41 and US 301; that a postcard survey of property owners in the Gillespie Park and Rosemary Neighborhoods was conducted; that only two property owners between US 41 and Orange Avenue indicated Sixth Street should not be changed to Boulevard of the Arts; that the remaining properties owners between US 41 and Orange Avenue support the name change; that 20 property owners between Orange Avenue and US 301 support the name change; that nine property owners indicated opposition; that the Gillespie Park Neighborhood Association (GPNA) and the Rosemary Neighborhood Association (RNA) support the proposed name change between US 41 and Orange Avenue but not between Orange Avenue and US 301. Commissioner Quillin stated that the position of GPNA and RNA concerning Sixth Street between Orange Avenue and US 301 is contrary to the results of the survey of neighborhood property owners. Ms. Hay stated that is correct. Commissioner Quillin stated that GPNA and RNA are opposing the desires of neighborhood residents. BOOK 49 Page 21002 04/16/01 6:00 P.M. BOOK 49 Page 21003 04/16/01 6:00 P.M. Ms. Hay stated that a significant number of neighborhood property owners did not return the survey. Commissioner Quillin stated that majority of the neighborhood residents are tenants renting property. Ms. Hay stated that surveys were only sent to neighborhood property owners. Commissioner Quillin stated that a signiticant number of neighborhood residents were excluded from the surveyi that consideration of the renaming of Sixth Street to Boulevard of the Arts should be set for public hearing; that the name of Sixth Street should be changed to Boulevard of the Arts between US 41 and US 301. Ms. Hay stated that the GPNA indicated concern for increased vehicular traffic intrusion into the neighborhood if the name were changed; that vehicles would travel on Boulevard of the Arts from US 301 to reach the Civic Center, increasing vehicular traffic in the Gillespie Park Neighborhood. Commissioner Quillin asked if the City recently improved Sixth Street between Orange Avenue and US 301 as part of the agreement between the City and the wynnton Group, Inc. (Wynnton Group), developers 'of the Renaissance of Sarasota? City Manager Sollenberger stated no; that the agreement between the City and the Wynnton Group pertained to the improvement of Sixth Street between Lemon Avenue and US 41; that the City improved Sixth Street between Lemon Avenue and US 301. Mayor Hogle stated that the improvements to Sixth Street between Orange Avenue and US 301 and in the Gillespie Park Neighborhood in general concerned traffic calming rather than street improvements. Commissioner Quillin stated that the name of Sixth Street cannot be changed to Boulevard, of the Arts between US 41 and Orange Avenue until a public hearing is held and input obtained from the public. City Manager Sollenberger stated that the Administration recommends directing the City Attorney's Office to prepare a resolution to change the name of Sixth Street to Boulevard of the Arts between US 41 and Orange Avenue and to schedule a public hearing to consider the proposed resolution. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to direct the City Attorney's Office to prepare a resolution to change the name of Sixth Street to Boulevard of the Arts between US 41 and Orange Avenue and to schedule a public hearing to consider the proposed resolution. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes; Hogle, yes. 27. BOARD APPOINTMENTS: APPOINTMENT RE: : CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES - APPOINTMENTS MADE (AGENDA ITEM VIII-1) #4 (2165) through (2480) City Auditor and Clerk Robinson stated that the Commission is represented on various boards and committees as indicated in his April 9, 2001, memorandum concerning Commission representation included in the Agenda backup material. Mayor Hogle stated that the consensus of the Commission is for the following representation on external boards and committees: Sarasota/Manatee Metropolitan Planning Organization Mayor Hogle and Commissioner Quillin Commissioner Palmer as alternate Sarasota Bay National Estuary Policy Committee Commissioner Martin Commissioner Quillin as alternate Tourist Development Council Commissioner Palmer Vice Mayor Mason as alternate Economic Development Board Commissioner Quillin Commissioner Martin as alternate Children and Youth Services Advisory Council Vice Mayor Mason Commissioner Quillin as alternate Council of Governments Mayor Hogle Vice Mayor Mason as alternate BOOK 49 Page 21004 04/16/01 6:00 P.M. BOOK 49 Page 21005 04/16/01 6:00 P.M. The Sarasota Community Action Agency Board Commissioner Quillin Vice Mayor Mason as alternate Sarasota County Coastal Advisory Committee Commissioner Martin ManaSota League of Cities Mayor Hogle Commissioners Palmer and Quillin as alternates Liaison to the Pension Boards Mayor Hogle Commissioner Palmer as the alternate Liaison to the Sarasota Housing Authority Vice Mayor Mason Sarasota County Juvenile Justice Committee Mayor Hogle 28. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (2480) There were no Commission Board or Committee repots. 29. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (2480) through (2670) COMMISSIONER QUILLIN: A. stated that the efforts of Staff and the Administration in conducting negotiations and preparing the materials concerning the construction of the new facilities of the Florida West Coast Symphony, Inc. (FWCS), are appreciated; that significant Staff talent was invested in the negotiations and development of the agreements with FWCS; that the local community will ultimately be pleased with the new FWCS facilities. Mayor Hogle concurred; and stated that Staff and the Administration dedicated significant time and efforts to successfully coordinating and negotiating the construction of the new FWCS facilities. VICE MAYOR MASON: A. stated that the election by the Commission to Vice Mayor is appreciated; that additionally, the recent concerns of the Commission and the public while sick are appreciated. B. stated that the Office of Housing and Community Development is commended for receiving recognition from the United States Department of Housing and Urban Development for community development and housing efforts; that the Office of Housing and Community Development is commended for preparing the Land Disposition Program which should be completed by June 2001. C. stated that the City Manager is commended for the April 16, 2001, Commission Information memorandum which was thorough and informative. MAYOR HOGLE: : A. stated that the Department of Building, Zoning and Code Enforcement are commended for efforts to reasonably handle the complaints and concerns of the public regarding recent code violations at Marina Jack; that the presentation of Staff was appreciated. 30. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (2670) There were no other matters or remarks from the Administrative Officers. 31. ADJOURN (AGENDA ITEM XII) #4 (2670) There being no further business, Mayor Hogle adjourned the Regular meeting of April 16, 2001, at 12:05 a.m. 47464 ALBERT - F. HOGLE, MAyOR & ATTEST: 3ill EmRalensen BILLY E.ROBINSON, CITY AUDITOR AND CLERK BOOK 49 Page 21006 04/16/01 6:00 P.M.