BOOK 58 Page 29387 12/13/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 13, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Robert M. Fournier ABSENT: None PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor 'and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:35 through 2:36 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Unfinished Business, Agenda Item No. VI-4, Discussion Re: Memorandum of Understanding between the City of Sarasota, Sarasota County, and the Housing Authority to frame a partnership for the redevelopment of the Janie Poe public housing complex, per the request of Mayor Martin. B. Remove Consent Agenda No. 1, Item No. A-6, Lease between the City and Bacco's, LLC, for a portion of Lemon Avenue. City Auditor and Clerk Robinson stated that the item will be considered under New Business as Agenda Item No. VII-1, which will be heard in the afternoon session. Mayor Martin asked if any Commissioner wished to remove an item from Consent Agenda Nos. 1 or 2; and hearing no requests for removal, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. Mayor Martin asked if the Commission has any objections to the Changes to the Orders of the Day, and hearing none, stated that the Changes to the Orders of the Day are approved by unanimous consent. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:36 There was no one signed up to speak. 3. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETINGS OF OCTOBER 25, 2004, OCTOBER 26, 2004, AND NOVEMBER 9, 2004 = APPROVED (AGENDA ITEM II) CD 2:36 through 2:39 Mayor Martin asked if the Commission had any changes to the minutes? Mayor Martin stated that hearing no changes, the minutes of the Special City Commission meetings of October 25, 2004, October 26, 2004, and November 9, 2004, are approved by unanimous consent. Commissioner Palmer stated that the City Auditor and Clerk Staff performed a Herculean effort in preparing the minutes of the Special meetings involving the Houses of Indian Beach Project in a timely manner; that hundreds of pages of information were involved; that Staff did an extraordinary job ensuring the minutes were accurate; that an excellent job was performed; that everyone involved is thanked. Mayor Martin agreed. Vice Mayor Servian stated that she requested City Attorney Fournier to review the minutes and the audio of the meeting; that an issue of concern is regarding testimony received during the hearing relative to the height of the buildings of the Houses of Indian Beach; that some specific testimony appears to have been provided by the Developer during the presentation; that at the time of voting, the Developer was asked if a proffer was being presented; that the testimony appears contradictory which is a concerni that City Attorney Fournier was requested to review the issue and report back. Mayor Martin stated that the specific testimony should be indicated. BOOK 58 Page 29388 12/13/04 2:30 P.M. BOOK 58 Page 29389 12/13/04 2:30 P.M. Vice Mayor Servian stated that the specifics occurred at October 25, 2004, meeting at the time the Developer referred to the model and indicated the buildings would be well below the allowable building height of 35 feet and subsequently indicated every house would be between 20 to 25 feet in height with the exception of two which would break the 30 foot plane; that a contradiction exists with testimony at the November 9, 2004, meeting. 4. BOARD ACTIONS: : REPORT RE: HISTORIC PRESERVATION BOARD' S REGULAR MEETING OF NOVEMBER 9, 2004 = APPROVED THE HISTORIC PRESERVATION BOARD'S REQUEST FOR $3,000 TO $5,000 TO HIRE A CONSULTANT TO COMPLETE THE NOMINATIONS FOR LOCAL HISTORIC DESIGNATION AND THE NATIONAL REGISTER OF HISTORICAL PLACES OF THE VAN WEZEL PERFORMING ARTS HALL CONTINGENT ON SUPPORT OF THE VAN WEZEL PERFORMING ARTS HALL BOARD; APPROVED THE REQUEST FOR THE EXPENDITURE OF $3,000 TO $5,000 TO HIRE A CONSULTANT TO COMPLETE THE LOCAL HISTORIC DESIGNATION AND THE NATIONAL REGISTER OF HISTORICAL PLACES NOMINATION OF THE GALILEE CEMETERY; ; APPROVED STAFF RECOMMENDATION TO TABLE PURSUING HISTORIC DESIGNATION OF SEVEN STRUCTURES LOCATED IN THE CULTURAL DISTRICT UNTIL THE COMMISSION PROVIDES POLICY DIRECTION REGARDING THE CULTURAL DISTRICT MASTER PLAN; ; RECEIVED THE REPORT OF THE NOVEMBER 9, 2004, HISTORIC PRESERVATION BOARD MEETING (AGENDA ITEM III-1) CD 2:39 through 2:58 Christopher Wenzel, Chair, Historic Preservation Board, and Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, come before the Commission. Mr. Wenzel presented the following items from the November 9, 2004, Regular meeting of the Historic Preservation Board: A. Proposed consultant services for the nomination of the Van Wezel Performing Arts Hall to the National Register of Historic Places and the Local Historic Designation. Mr. Wenzel stated that the Historic Preservation Board desires to expend approximately $3,000 to $5,000 to hire a consultant to complete nominations for the Local Historic Register and National Register for the Van Wezel Performing Arts Hall (VWPAH). Commissioner Palmer stated that a concern is the issue has not been addressed by the Van Wezel Performing Arts Hall Board. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to approve the Historic Preservation Board's request for $3,000 to $5,000 to hire a consultant to complete the nominations for Local Historic Designation and the National Register of Historical Places of the Van Wezel Performing Arts Hall contingent on support of the Van Wezel Performing Arts Hall Board. Mr. Hoglund stated that Staff has reviewed comparative flood insurance rates for the Van Wezel Performing Arts Hall; that savings of approximately $150,000 will be realized upon achieving an historic designation and will be a significant benefit to the City; that the Administration supports the request and desires to move forward; that Carl Shiver, Historic Preservationist, National Register of Historical Places, thinks the chances for a successful nomination are excellent. Commissioner Palmer stated that a problem with a nomination should not exist; that the Commission has been sensitive to ensure the advisory boards have the ability to review on issues which concerns the board's purview; that the Commission should ask the Van Wezel Performing Arts Hall Board for a formal action; that the assumption is the Van Wezel Performing Arts Hall Board will be in favor of the request as the designation will save approximately $150,000 in flood insurance costs. Commissioner Atkins asked if the complpting the nomination process will slow eligibility for the $150,000 savings? Mr. Hoglund stated no; that sufficient time exists. Commissioner Bilyeu asked if the Van Wezel Performing Arts Hall is 50 years old and if the City requires a building be 50 years old for historic designation? Mr. Hoglund stated that Mr. Shiver recognizes the building is less than 50 years old; however, the building being designed by Taliesin Architects and the unusual architectural history are sufficient reasons to make a successful application. Commissioner Bilyeu stated that national designation is achievable; that the understanding was Local Historic Designation requires a building be 50 years old. BOOK 58 Page 29390 12/13/04 2:30 P.M. BOOK 58 Page 29391 12/13/04 2:30 P.M. Commissioner Palmer stated that the age of the building at 50 years is one of the general criteria. Mr. Wenzel stated that is correct; that the building can be nominated locally on the basis of a number of criteria; that the 50-year requirement is one of the criteria which can be a basis for nomination. Mr. Hoglund stated that the Van Wezel Performing Arts Hall is an unusual building and deserves recognition. Mayor Martin called for a vote on the motion to approve the Historic Preservation Board's request for $3,000 to $5,000 to hire a consultant to complete the nominations for Local Historic Designation and the National Register of Historical Places of the Van Wezel Performing Arts Hall contingent on support of the Van Wezel Performing Arts Hall Board. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. B. Proposed consultant services for the nomination for the Galilee Cemetery at 3200 North Washington Boulevard to the National Register of Historic Places and the Local Historic Designation Register. Mr. Wenzel stated that a group of concerned citizens made a presentation to the Historic Preservation Board indicating the Galilee Cemetery was falling into disrepair and the Galilee Cemetery has historic significance to the community, and requesting support from the Historic Preservation Board concerning the restoration and the upkeep of the Galilee Cemetery; that the Historic Preservation Board desires to hire a consultant to nominate the Galilee Cemetery to Local Historic Designation and the National Register of Historical Places which allows the Galilee Cemetery to qualify for grant funds and other opportunities to improve the Galilee Cemetery; that trash is dumped in the area; that vagrants loiter in the area; that the hope is to seek grants to improve the property to a source of pride for the community; that the request is for the expenditure of $3,000 to $5,000 to hire a consultant. On motion of Vice Mayor Servian and Commissioner Atkins, it was moved to approve the request for the expenditure of $3,000 to $5,000 to hire a consultant to complete the nominations for Local Historic Designation and the National Register of Historical Places for the Galilee Cemetery. Commissioner Atkins stated that another significantly aging cemetery the Oakland Cemetery was recently historically designated; that a ceremony was conducted by Ms.Linda Black- Turner, a member of the community; that Ms. Black-Turner did an outstanding job in preparing a proposal for the Oakland Cemetery historic designation; that a concern is if the Cemetery Committee will have all the historically designated cemeteries operate under one umbrella as preference of one location over another is not desired. Mr. Hoglund stated that the Historic Preservation Board has been working with the Cemetery Committee for the past year to present the nomination idea; that significant information concerning the Galilee Cemetery is currently available; that a professional consultant is required to complete the forms and prepare the proper format for submittal of the nomination; that the security of cemeteries is a problem; that the hope is to construct a fence around the Galilee Cemetery to seal the area off at night and provide a higher degree of security; that the concern not to ignore one cemetery over another is understood. Mayor Martin called for a vote on the motion to approve the request for the expenditure of $3,000 to $5,000 to hire a consultant to complete the nomination for the Local Historic Designation and the National Register of Historical Places for the Galilee Cemetery. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. C. Proposed consultant services for nomination for Local Historic Designation and the National Register of Historical Places for the Municipal Auditorium, formerly known as the Exhibition Hall, as well as the Sarasota Garden Club, the Victor Lundy Tourist Information Center, the Chidsey Library (Sarasota County History Center), the Visual Arts Center, the Gulfcoast Wonder & Imagination Zone (G.WIZ), and the Lawn Bowling Courts. Mr. Wenzel stated that a concern of the Historic Preservation Board is the disposition of the buildings in the vicinity of the Van Wezel Performing Arts Hall in relationship to the Cultural District Master Plan; that the idea was advanced to nominate the buildings for Local Historic Designation and for the National BOOK 58 Page 29392 12/13/04 2:30 P.M. BOOK 58 Page 29393 12/13/04 2:30 P.M. Register of Historical Places with the expenditure of $3,000 to $5,000 per structure to hire an outside consultant to complete the nominations; that the understanding is the Municipal Auditorium and the Lawn Bowling Courts are already on the National Register of Historical Places; that the recommendation of the Historic Preservation Board reflects some inconsistency; that a suggestion is to consider the structures for future historic designation as the ability and the funds are available; that Staff's recommendation is to table the nominations at this time for consideration at a future date; that the concern of the Historic Preservation Board relating to the development of the Cultural District Master Plan is the disposition of the buildings currently in the Cultural District, which is the reason for the consideration of the Historic Preservation Board. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to approve Staff's recommendation to table pursuing historic designation of seven structures located in the Cultural District until the Commission provides policy direction regarding the Cultural District Master Plan. Commissioner Palmer stated that the depth of conversation of the Historic Preservation Board is appreciated; that the Cultural District Master Plan has not been finalized; that the Commission must know the direction of the Cultural District Master Plan before finalizing anything in the Cultural District. Mayor Martin called for a vote on the motion to approve Staff's recommendation to table pursuing historic designation of seven structures located in the Cultural District until the Commission provides policy direction regarding the Cultural District Master Plan. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to receive the report of the November 9, 2004, Historic Preservation Board meèting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Vice Mayor Servian stated that the minutes of the November 9, 2004, meeting indicate a discussion concerning Local Historic Designation should be automatic at the time a structure in the City receives a national designation; and asked if Staff supported an ordinance for automatic local designation at the time of national historic designation? Mr. Wenzel stated that significant confusion exists regarding local and national designation; that he supports automatic local designation; that the national designation is administered by the State of Florida; that the local designation is handled locally; that simultaneous designation will make the process easier. Mr. Hoglund stated that simultaneous local and national historic designation would subject property owners to review for any alterations to the building which would not be required if only the national designation existed; that people should be aware of the requirements of historic designation. Vice Mayor Servian stated that a discussion should occur to allow public input. Mr. Hoglund stated that the City of Sarasota Strategic Plan and the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), address historic preservation; that many issues will be discussed in the next year. Commissioner Palmer agreed with Vice Mayor Servian; and stated that historic designations are voluntary; that local designation cannot be forced which should be considered as Staff and the Historic Preservation Board are deliberating; that the Sarasota High School building is designated on the National Register of Historical Places but is not locally historically designated which is ridiculous. Mr. Hoglund stated that new applications should not be problematic as the requirements can be indicated in the beginning; however, retroactive applications may be a difficulty. Mayor Martin asked if Commission consensus concerning the suggestion of Vice Mayor Servian to have a discussion concerning the provision for Local Historic Designation at the time a structure is placed on the National Register of Historical Places exists. Commissioners Atkins and Bilyeu stated yes. BOOK 58 Page 29394 12/13/04 2:30 P.M. BOOK 58 Page 29395 12/13/04 2:30 P.M. Vice Mayor Servian stated that the discussion could occur at the next cycle of amendments for the Zoning Code (2002 Ed.) Mayor Martin stated that the Commission's consensus is for Staff to include consideration of simultaneous local and National Register of Historical Places designations and in the next cycle of amendments to the Zoning Code (2002 Ed.). 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 7 AND 8- APPROVED i ITEM NO. 6 = REMOVED UNDER CHANGES AND WILL BE CONSIDERED UNDER NEW BUSINESS AS AGENDA ITEM NO VII-1 (AGENDA ITEM IV-A) CD 2:58 through 2:59 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Federal Emergency Management Agency (FEMA) Disaster Relief Funding Agreement to provide federal disaster relief funds for damages as a result of Hurricanes Charley, Frances, Ivan and Jeanne. 2. Approval Re: Ratification of new contract agreement between the City of Sarasota and the Southwest Florida Police Benevolent Association, Inc., dated October 1, 2003, through September 30, 2006. 3. Approval Re: Annual Investment Committee Report for the year ended September 30, 2004. 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Water Equipment Services, Inc., (Bid No. 04-48K) for Phase IV Underground Power Supply for the Verna Wellfield. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sanitary Sewer Service Agreement between the City of Sarasota and Broadway Promenade Holdings, LLC, for the RMC Mixed Use Project. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sixth Amendment to the Agreement between the City of Sarasota and One Source Landscape & Golf Services, Inc., (Bid No. 89-209) for a twelve week extension of the current Golf Course Maintenance Agreement. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement for Construction Services and General Contractor Services between the City of Sarasota and D. E. Murphy Constructors, Inc. for Phase I of the City Hall Renovation Project in the amount of $772,482.00. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 5, 7, and 8. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 05R-1813) ADOPTED; ITEM 2 (RESOLUTION NO. 05R-1816) = ADOPTED (AGENDA ITEM IV-B) CD 2:59 through 3:00 1. Adoption Re: Proposed Resolution No. 05R-1813, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only). 2. Approval Re: Proposed Resolution No. 05R-1816, pertaining to the composition of the Sarasota Community Redevelopment Agency Advisory Board; making findings, deleting the transportation management organization representative and replacing that member with a second citizen at large who resides in the City of Sarasota; etc. (Title Only)- City Auditor and Clerk Robinson read proposed Resolution Nos. 05R-1813 and 05R-1816 by title only. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 and 2, inclusive. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yesi Servian, yes. Mayor Martin stated that as part of Consent Agenda No. 1, a new three year contract was ratified between the City and the Southwest Police Benevolent Association; that the issue has been BOOK 58 Page 29396 12/13/04 2:30 P.M. BOOK 58 Page 29397 12/13/04 2:30 P.M. significant and is resolved as significant work was performed by both sides; that working shoulder to shoulder with the police officers rather than across the table is pleasing; that the agreement is an excellent holiday gift to the Commission, the Sarasota Police Department, and the community. 7. BOARD APPOINTMENTS: APPOINTMENT RE: : BOBBY JONES GOLF COURSE ADVISORY BOARD = APPOINTED CHARLES HENNING, JAY FINK, STEPHEN GILLUM, LINDA TALBOT, AND KENNETH KELCH (AGENDA ITEM V-1) CD 3:00 through 3:16 Mayor Martin stated that one seat requirement is for an individual with a financial services background; that one application was received from Charles Henning. Vice Mayor Servian nominated Charles Henning. Hearing no other nominations, Mayor Martin called for a vote on the nominations. Mr. Henning received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Charles Henning to the Bobby Jones Golf Course Advisory Board. Mayor Martin stated that one seat requirement is for an individual with experience managing a recreational facility; that one application was received from Keith Pope. Commissioner Palmer nominated Keith Pope. Hearing no other nominations, Mayor Martin called for a vote on the nominations. Mr. Pope received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Keith Pope to the Bobby Jones Golf Course Advisory Board. Mayor Martin stated that one seat requirement is for an active user of the Bobby Jones Golf Course facilities. Vice Mayor Servian nominated Mary Ann Andrews. Commissioner Bilyeu nominated Jay Fink. Vice Mayor Servian stated that she has met with Mary Ann Andrews on numerous occasions in her capacity of Director of The First Tee and as a golfer; that Ms. Andrews represents the youth and women constituencies and would represent both very well. Commissioner Bilyeu agreed but stated that, however, Mr. Fink has been an avid user of the Bobby Jones Golf Course for many years; that Mr. Fink has experience with other major golf coursesi that Mr. Fink is a City resident. Mary Ann Andrews received 2 votes: Palmer and Servian. Jay Fink received 3 votes: Atkins, Bilyeu, and Martin. Mayor Martin announced the appointment of Jay Fink to the Bobby Jones Golf Course Advisory Board. Martin stated that one seat requirement is for an annual fee holder at the Bobby Jones Golf Course facilities. Commissioner Palmer nominated Barbara Harding. Commissioner Atkins asked if the applicants were required to indicate annual fee holder status? City Auditor and Clerk Robinson stated the status was verified with Staff at the Bobby Jones Golf Course. Commissioner Atkins nominated Millie Small. City Auditor and Clerk Robinson stated that only Ms. Small applied for the seat designated for an environmentalist. Commissioner Atkins withdrew the nomination of Millie Small. Commissioner Bilyeu nominated Stephen Gillum. Commissioner Palmer stated that Ms. Harding has served on the current Bobby Jones Golf Course Advisory Board for five years and has played golf at the facility for 25 years; that Ms. Harding has been working with Staff and the public as a profession; that Ms. Harding is a member of the women's golf league and is active at the Bobby Jones Golf Course. BOOK 58 Page 29398 12/13/04 2:30 P.M. BOOK 58 Page 29399 12/13/04 2:30 P.M. Commissioner Bilyeu stated that Ms. Harding's service is appreciated; however, Mr. Gillum is a City resident, is a member, is a fee holder, plays golf at the Bobby Jones Golf Course on a daily basis, and would be a good candidate; that City residents should serve on the Bobby Jones Golf Course Advisory Board. Barbara Harding received 1 vote: Palmer. Steve Gilliam received 4 votes: Atkins, Bilyeu, Martin, and Servian. Mayor Martin announced the appointment of Stephen Gillum to the Bobby Jones Golf Course Advisory Board. Mayor Martin stated that one seat requirement is for an individual with experience in the fields of landscape or horticultural. Vice Mayor Servian nominated Jed Asinger. Mr. Asinger received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Jed Asinger to the Bobby Jones Golf Course Advisory Board. Mayor Martin stated that one seat requirement is for a representative from The First Tee program who may also be a member of the Students Taking an Active Role (STAR) in government program. Vice Mayor Servian nominated Mary Ann Andrews. Commissioner Palmer stated that Ms. Andrews is not a youth. Vice Mayor Servian stated that Ms. Andrews is the Director of The First Tee program and would well qualify for the seat. Commissioner Palmer stated that the seat is designated for a young person. Vice Mayor Servian stated that the seat requirement was misunderstood and withdrew the nomination. Mayor Martin stated that he initially thought Ms. Andrews would be a good choice for the seat also. Commissioner Bilyeu stated that no applications were received for the youth position. Mayor Martin stated that is correct and continued that one seat requirement is for a participant in the Greater Sarasota Junior Golf Association program who may be a member of the STAR program. Commissioner Palmer nominated Linda Talbot. Hearing no other nominations, Mayor Martin called for a vote on the nomination. Ms. Talbot received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Linda Talbot. Mayor Martin stated that one seat requirement is for an individual experienced in promoting environmental conservation. Commissioner Atkins nominated Millie Small. Hearing no other nominations, Mayor Martin called for a vote on the nomination. Ms. Small received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Millie Small to the Bobby Jones Golf Course Advisory Board. Commissioner Palmer stated that Ms. Small is also a member of the Parks, Recreation and Environmental Protection Advisory Board; that serving on the Bobby Jones Golf Course Advisory Board will provide a conduit to the Parks, Recreation and Environmental Protection Advisory Board and will be an excellent relationship. Mayor Martin agreed and stated that Ms. Small is the representative of the Parks, Recreation and Environmental Protection Advisory Board to the Sarasota County Parks and Recreation Board. BOOK 58 Page 29400 12/13/04 2:30 P.M. BOOK 58 Page 29401 12/13/04 2:30 P.M. Mayor Martin stated that one seat requirement is for an individual with marketing experience. Commissioner Palmer nominated Kenneth Kelch. Hearing no other nominations, Mayor Martin called for a vote on the nomination. Mr. Kelch received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Kenneth Kelch to the Bobby Jones Golf Course Advisory Board and continued that the assumption is the Bobby Jones Golf Course Advisory Board will conduct monthly meetings. City Auditor and Clerk Robinson stated that the Administration and Bobby Jones Golf Course Staff will schedule an initial meeting; that City Attorney Fournier and he will attend to discuss the Florida's Government-in-the-sunghine laws and parliamentary procedure; that a Chair and Vice Chair will be elected; that a meeting schedule will be established. Commissioner Palmer stated that a representative of the STAR program or The First Tee program should be contacted regarding a youth member on the Bobby Jones Golf Course Advisory Board. City Auditor and Clerk Robinson stated that STAR vacancies exist on the Parks, Recreation and Environmental Protection Advisory Board, the Van Wezel Performing Arts Hall Board, and Public Art Committee. City Manager McNees stated that an informal advisory board served at the Bobby Jones Golf Course for many yearsi that he attended the last meeting; that the intention was to thank the members for service over the years; that the discussions concerned issues such as the weeds at the facility; that the members advise the golf professional and the grounds superintendent on basic issues; that the concern was the function would be lost in the creation of the newly created Bobby Jones Golf Course Advisory Board; that he asked the members to consider continuing monitoring the facility; that the members were encouraged to continue input on the daily operational issues; that the best of both worlds may exist in receiving operational input from the members of the current board and the policy input from the Bobby Jones Golf Course Advisory Board. Commissioner Palmer stated that for the Mayor to send a letter of thanks for the service is appropriate; that many members have volunteered for a long period of time; that the contributions are appreciated. Mayor Martin agreed. 8. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD ADVISORY BOARD - REAPPOINTED JOAN CAMEZON AND JOSEPH MILLER (AGENDA ITEM V-2) CD 3:16 through 3:17 Mayor Martin stated that the terms of Joan Camezon and Joseph Miller have expired; that both are eligible for and have expressed an interest in reappointment. Commissioner Atkins nominated Ms. Camezon and Mr. Miller for reappointment. Ms. Camezon and Mr. Miller received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the reappointments of Joan Camezon and Joseph Miller. Vice Mayor Servian stated that Robert Brachle who is a member of the Citizens with Disabilities Advisory Board is terminally ill; that thoughts and prayers are sent to him and his family. Mayor Martin stated that Mr. Brachle is a good friend of the Commission and the City. 9. BOARD APPOINTMENTS: APPOINTMENT RE : HUMAN RELATIONS BOARD REAPPOINTED MICHELLE MARTIN, MANUEL CHEPOTE, AND SYLVIA TAYLOR (AGENDA ITEM V-3) CD 3:17 through 3:18 Mayor Martin stated that the terms of Michelle Martin, Manuel Chepote, and Sylvia Taylor have expired; that all are eligible for and have expressed an interest in reappointment. Commissioner Atkins nominated Michelle Martin, Manuel Chepote, and Sylvia Taylor for reappointment. BOOK 58 Page 29402 12/13/04 2:30 P.M. BOOK 58 Page 29403 12/13/04 2:30 P.M. Ms. Martin, Mr. Chepote, and Ms. Taylor received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the reappointments of Michelle Martin, Manuel Chepote, and Sylvia Taylor. 10. BOARD APPOINTMENTS: APPOINTMENT RE: : NUISANCE ABATEMENT BOARD REAPPOINTED REYNOLD SPANGLER AND LINDA HOLLAND (AGENDA ITEM V-4) CD 3:18 through 3:19 Mayor Martin stated that the terms of Reynold Spangler and Linda Holland have expired; that both are eligible for and have expressed an interest in reappointment. Commissioner Palmer nominated Reynold Spangler and Linda Holland for reappointment. Mr. Spangler and Ms. Holland received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the reappointments of Reynold Spangler and Linda Holland. Mayor Martin announced the reappointment of Linda Holland. Commissioner Palmer stated that one of the members of the Nuisance Abatement Board who is one of the City's all-stars, Mickey Emberton, had a heart attack December 10, 2004; that the Commission sends thoughts, hopes, and prayers; that Ms. Emberton will be back in action soon. Mayor Martin stated that Ms. Emberton is a good friend of the Commission and the City. 11. BOARD APPOINTMENTS: APPOINTMENT RE: : PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD REAPPOINTED EDWARD FREEMAN, MILLIE SMALL, AND GERALDINE LUDWIG (AGENDA ITEM V-5) CD 3:19 through 3:20 Mayor Martin stated that the terms of Edward Freeman, Millie Small, and Geraldine Ludwig have expired; that all are eligible for and have expressed an interest in reappointment. Vice Mayor Servian nominated Edward Freeman, Millie Small, and Geraldine Ludwig for reappointment. Mr. Freeman, Ms. Small, and Ms. Ludwig received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the reappointments of Edward Freeman, Millie Small, and Geraldine Ludwig. 12. BOARD APPOINTMENTS: APPOINTMENT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) - REAPPOINTED SHANNON SNYDER (AGENDA ITEM V-6) CD 3:20 through 3:21 Mayor Martin stated that the term of Shannon Snyder has expired; that Mr. Snyder is eligible for and has expressed an interest in reappointment. Commissioner Bilyeu nominated Shannon Snyder for reappointment. Mr. Snyder received 5 votes: Atkins, Bilyeu, Martin, Palmer, and Servian. Mayor Martin announced the reappointment of Shannon Snyder. 13. BOARD APPOINTMENTS: APPOINTMENT RE: : PUBLIC ART COMMITTEE - APPOINTED BRUCE CRISSY, JR. AND EVADNE MELA (AGENDA ITEM V-7) CD 3:21 through 3:26 Mayor Martin stated that the term held by George Haborak has expired; that Mr. Haborak has served two full terms and therefore is not eligible for reappointment; that Vicky Randal has resigned. Vice Mayor Servian nominated Jill Hoffman-Kowal. Commissioner Palmer nominated Bruce Crissy, Jr. Mayor Martin nominated Evadne Mela. Vice Mayor Servian stated that Ms. Hoffman-Kowal has a strong art background, a strong local connection, and a deep concern for art and art placement in the City; that Ms. Hoffman-Kowal will be an excellent addition to the Public Art Committee. Commissioner Palmer stated that Mr. Crissy has been a leader in the art scene in Sarasota for many years; that Mr. Crissy owns BOOK 58 Page 29404 12/13/04 2:30 P.M. BOOK 58 Page 29405 12/13/04 2:30 P.M. Crissy Galleries which deals with art and antiques and can bring significant interest and expertise to the Public Art Committee. Mayor Martin stated that Ms. Mela has been in the community for 20 years and was one of the original founders of the Art Target Group; that Ms. Mela is currently an educator and works in public relations regarding art issues and will bring good talent to the Public Art Committee. Hearing no other nominations, Mayor Martin called for a vote on the nominations. Ms. Hoffman-Kowal received 2 votes: Bilyeu and Servian. Mr. Crissy received 4 votes: Atkins, Bilyeu, Martin, and Palmer Mayor Martin announced the appointment of Bruce Crissy, Jr. to the Public Art Committee. Ms. Mela received 4 votes: Atkins, Martin, Palmer, and Servian. Mayor Martin announced the appointment of Evadne Mela. City Auditor and Clerk Robinson stated that a vacancy exists for a City resident on the Van Wezel Performing Arts Hall Board; that two vacancies exist on the Historic Preservation Board, one for an architect and one for business or finance community; that one contractor and four citizens at large vacancies exist on the Board of Rules and Appeals. Vice Mayor Servian asked for clarification regarding changing the composition of the seat requirement for the vacancy on the Community Redevelopment Agency Advisory Board. City Auditor and Clerk Robinson stated that the seat requirement is for a citizen at large who must be a City resident. Vice Mayor Servian asked if the member can serve on another advisory board? City Auditor and Clerk Robinson stated that the Commission can appoint a person who serves on another advisory board if the Commission feels the expertise of the person is such to warrant the appointment. 14. UNFINISHED BUSINESS PRESENTATION AND DISCUSSION RE : POSSIBLE OPTIONS AVAILABLE TO THE CITY COMMISSION TO TEMPORARILY REPLACE THE "NO-CAMPING" ORDINANCE RULED UNCONSTITUTIONAL BY THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT DIRECTED THE CITY ATTORNEY'S OFFICE TO BRING BACK AN ORDINANCE FOR FIRST READING PROHIBITING CITYWIDE ILLEGAL LODGING AND INCLUDING SPECIFIC GUIDELINES WITH THE STIPULATION A CITATION WOULD ONLY BE ISSUED AFTER OFFERING SHELTER (AGENDA ITEM VI-1) CD 3:26 through 4:48 Mayor Martin stated that the item concerns the options available to the Commission to temporarily replace Ordinance No. 02-4370, the so-called "no-camping" ordinance, ruled unconstitutional by the Circuit Court of the Twelfth Judicial Circuit. City Attorney Fournier stated that at the time the Commission determined to appeal the ruling, he neglected to mention the discretionary nature of the appeal; that the Eleventh Circuit Court of Appeals (Court of Appeals) has the discretionary ability to decide not to hear the appeal upon receipt of the City's petition; that the City Attorney's Office is optimistic the appeal will be heard. Mark Singer, Attorney, City Attorney's Office, Peter Abbott, Chief, and Paul Sutton, Lieutenant, Sarasota Police Department, came before the Commission. Attorney Singer stated that Section 34-40, Sarasota City Code (1986 as amended) (City Code), prohibits camping; that Section 10-10, camping prohibited after sunset and before sunrise except in designated areas, provides the following: It shall be unlawful to camp within any public park or upon any public beach within the City in violation of Section 34-40, except as otherwise provided therein or in those areas developed and designated for such use. Attorney Singer continued that Section 34-40, City Code, was enacted to relate with the beaches and parks regulations; that the ruling of unconstitutionality of Section 34-40, City Code, has a direct effect on Section 10-10, City Code, also as the no- camping prohibition applies Citywide in the parks and in all public places; that Harry Rapkin, Circuit Judge of the Circuit Court of the Twelfth Judicial Circuit (Judge Rapkin), ruled Section 34-40, City Code, prohibited sleeping outside or out of doors; that Staff does not agree; however, understanding the BOOK 58 Page 29406 12/13/04 2:30 P.M. BOOK 58 Page 29407 12/13/04 2:30 P.M. options in dealing with the ruling which is on appeal and knowing Judge Rapkin determined the issue was sleeping out of doors are important; that enacting another ordinance which essentially indicates the same issue would result in an identical ruling from the court; that Judge Rapkin also indicated the plain language of the drew no distinction between conduct which is calculated to harm and conduct which is essentially innocent; that Judge Rapkin determined prohibitions against sleeping out of doors is essentially innocent; that Judge Rapkin determined the law as written allowed the arrest of individuals for harmless and inoffensive conduct people are forced to perform in public; that Judge Rapkin did not make any effort to narrowly construe the to make the Ordinance constitutional and to simply strike from the Ordinance the items which Judge Rapkin felt made the Ordinance unconstitutionalz that for example, Section 34-40, City Code, not only prohibits sleeping in a temporary shelter but prohibits being in a temporary shelter or tent out of doors; that the Ordinance also prohibits cooking over an open flame or fire out of doors; that one issue which will be taken on appeal is Judge Rapkin departed from the essential requirements of the law; that sleeping should have been stricken from the Ordinance if the sleeping prohibition was unconstitutional leaving the other provisions which prohibit camping; that the question is the reason to appeal; that based on the ruling, Sections 34-40 and 10-10, City Code, are unconstitutional, that anyone can come in the City and set up a tent and lodge in the parks and beaches as no prohibitive regulation exists; that various options will be presented; that the Commission and the public must understand the facilities available in the City for people who are transient. Chief Abbott stated that Lieutenant Sutton represents the Sarasota Police Department on the Sarasota County Coalition for the Homeless (Coalition); that the Sarasota Police Department is concerned about assuring people receive assistance to transition into mainstream living. Mayor Martin stated that Commissioner Bilyeu also serves on the Coalition. Chief Abbott stated that each January the Coalition performs a point-in-time survey to determine the number of homeless people living in the County; that the survey helps to obtain funding from Federal, State, and local levels based on the need and programs provided; that 1,264 individuals were counted as homeless throughout the County in the year 2004; that in the year 2003, the Sarasota Police Department made 202 illegal camping arrests; that in the year 2004, the Sarasota Police Department made 274 arrests. Commissioner Bilyeu asked for clarification regarding the number of arrests. Chief Abbott stated that 202 illegal camping arrests were made in 2003; that 274 illegal camping arrests were made in 2004. Commissioner Bilyeu stated that 476 arrests have been made since the Ordinance was adopted. Chief Abbott stated that is correct; that the felony index crimes were reduced by seven percent in 2003 and by ten percent in 2004; that an incident report is prepared every time a contact is made with somebody who reports a crime or an incident; that resident status is included in the incident report; that transient is indicated if an individual has no permanent living arrangement; that since March 2004, the Sarasota Police Department has documented 3,170 contacts with individuals indicated as transients. Vice Mayor Servian asked if the 3,170 contacts are since March of 2004? Chief Abbott stated yes; that 1,054 resulted in arrests; that 135 were victims of criminal incidents; that 81 are identified as suspects. Commissioner Bilyeu asked for clarification regarding the number of arrests since March 2004. Chief Abbott stated that 3,170 contacts have occurred since March 2004; that The Salvation Army Center of Hope was dedicated September 26, 2003; that occupancy began November 4, 2003; that 258 beds are in the facility as follows: 112 transient beds: 96 for males and 16 for females; 22 VIP beds: 16 for males and 6 for females for individuals in treatment programs such as First Step of Sarasota; 66 Transitional Living Center beds for individuals who are stabilized and working towards transition to permanent housingi BOOK 58 Page 29408 12/13/04 2:30 P.M. BOOK 58 Page 29409 12/13/04 2:30 P.M. 38 Faith beds, small apartments for families; and 10 family dormitory beds, 5 dormitories with 4 beds each. Chief Abbott continued that The Salvation Army offers 10 free nights to anyone; that if an individual agrees to see a case manager and establish a recovery plan, the free days can be extended as long as the individual remains in a program; that a dropout of a program can reenter the program up to two times; that if an individual is not in a program after 10 days, $8 is charged to remain; that The Salvation Army Center of Hope has 258 beds; that The Salvation Army in Tampa, Florida, has 123 beds and The Salvation Army in Jacksonville, Florida, has 125 beds. Chief Abbott further stated that the new Salvation Army operated at capacity for the first ten months; however, no one was turned away due to lack of space; that if no bed was available, a cot or mat would be provided; that the only individuals turned away were turned away due to intoxication; that normal check-in time is from 6:00 p.m. until 9:00 p.m.; however, later check-in time is allowed if the Sarasota Police Department, civic organizations, or a church refers the individual; that in the fall of 2004, The Salvation Army moved from 1424 Fourth Street to 1400 Tenth Street; that ten patrol zones exist in the City; that zone one is on North Tamiami Trail; that zone ten is on the barrier islands; that the zones are further broken down into reporting zones to enhance deploying resources to a volatile area; that the previous location of The Salvation Army was in report zone 69; that the new location of The Salvation Army is in report zone 68; that from September 1, 2002, through September 1, 2003, at 1400 Tenth Street, three incident reports were received; that from December 1, 2003, to December 1, 2004, 272 incidents were reported which is an 8,900 percent increase; that the previous location of The Salvation Army in report zone 68 had from December 1, 2003, to December 1, 2004, 681 incidents; that in the prior 12 months, 364 incidents were reported. Lieutenant Sutton stated that report zone 68 begins at Tenth Street and goes to Boulevard of the Arts; that Lemon and Central Avenues are the east and west boundaries; that report zone 69 begins at Boulevard of the Arts and goes south to Fruitville Road; that Lemon and Central Avenues are the east and west boundaries. Mayor Martin asked for clarification regarding the definition of incidents. Chief Abbott stated that an incident is reporting an occurrence such as a break-in of a vehicle; that an incident report will be made on any report received. Commissioner Bilyeu asked if an incident report is prepared for loitering? Lieutenant Sutton stated that an incident report may be prepared if the loitering is classified as suspicious. Chief Abbott stated that in report zone 69 from December 1, 2003, to December 1, 2004, 132 incidents were reported; that during the prior 12 months at the time The Salvation Army was located in report zone 69, 447 incidents were reported which is a 70 percent decrease; that report zone 68 which is the new location of The Salvation Army, arrests from December 1, 2003 to December 1, 2004 were 86 felonies and 178 misdemeanor arrests with 264 arrests in the area around the new location of The Salvation Army; that in the prior 12 months, arrests were 26 felonies and 68 misdemeanors; that arrests increased in report zone 68 in the area of the new location of The Salvation Army by 181 percent; that report zone 69 in the area of the previous location of The Salvation Army 8 felonies and 14 misdemeanors arrests occurred from December 1, 2003, to December 1, 2004; that in the prior 12 months at the time The Salvation Army was at the previous location, 23 felony and 124 misdemeanor arrests occurred; that arrests decreased by 83 percent. Commissioner Bilyeu asked for clarification regarding the increases and decreases in crimes at the two locations combined for comparison. Chief Abbott stated that written information will be provided to the Commission; that the US Census Bureau estimates the Sarasota County population at 346,793 in 2003; that the 2000 US Census estimates the City population at 52,715; that if the point-in- time survey made by the Coalition is correct of a 1,264 homeless population, the homeless represent less than 0.4 percent of the total County population; that the homeless population would be approximately 2.4 percent of the City's population if all the homeless were located in the Cityi that 4,028 arrests were made between May 15, 2004, and November 15, 2004; that 666 of the BOOK 58 Page 29410 12/13/04 2:30 P.M. BOOK 58 Page 29411 12/13/04 2:30 P.M. arrests were of transients, or 17 percent of all the residents as follows: Robbery 16 percent Burglary 30 percent Auto Burglary 26 percent Aggravated Battery 11 percent Grand Theft Auto 21 percent Prostitution 37 percent Open Containers of Alcohol 36 percent Narcotics 11.4 percent Services to Intoxicated Persons 47 percent Baker Acts 26 percent Chief Abbott stated that the transient population in the City represents a small percentage of the total population but represents a large percentage of the people taken into custody for either criminal activity or medical or professional treatment; that treatment, transitional housing, and training must be addressed. Lleutenant Sutton stated that 12 violent index crimes were committed as measured by the Federal Bureau of Investigation (FBI) and a total of 16 index crimes were committed in report zone 69 from November 2002 to November 2003; that in 2004, only one violent crime and 7 index crimes were committed; that in report zone 69, violent crime as measured by the FBI decreased by 92 percent; that index crimes dropped 56 percent; that in report zone 68 which includes the current location of The Salvation Army, violent crimes were three and total index crimes were nine from November 2002 to November 2003; that in 2004, violent crimes were six and total index crimes were 11; that a significant decrease in crimes occurred at the time The Salvation Army left report zone 69 and a significant increase in crime occurred at the new location of The Salvation Army. Commissioner Bilyeu asked for clarification regarding felony index crimes. Lieutenant Sutton stated that in 2002 through 2003 at the time The Salvation Army was in report zone 69, 16 felony index crimes were committed; that 12 of the crimes were violent. Commissioner Bilyeu asked the number of crimes in the area of the current location of The Salvation Army? Lieutenant Sutton stated that 11 violent crimes were committed in the area. Commissioner Bilyeu stated that crimes decreased in the previous area of The Salvation Army. Chief Abbott stated that The Salvation Army is not the problem; that The Salvation Army is helping people; that the people who do not or cannot participate in The Salvation Army programs cause problems. Commissioner Bilyeu stated that the crime percentages are confusing; that a report should be prepared using comparable statistics. Chief Abbott stated that a new report will be prepared for clarity. Lieutenant Sutton stated that The Salvation Army is one of the City's greatest assets; that the people occupying the 258 beds of The Salvation Army result in little police activity; that 476 people were arrested in two years under the no-camping Ordinance which is less than two nights of occupancy of The Salvation Army; that few people were arrested compared to the number of people who slept every night at The Salvation Army. Chief Abbott stated that people staying at The Salvation Army are not committing crimes; that the people are trying to do the right thing; that the percentage of crimes is skewed compared to the population. City Manager McNees stated that the information has been recently gathered; that the information is data; that time will be required to analyze the data; that the issue of the transients is significant from a crime perspective; however, the primary focus at this time is to correct or perfect the no- camping Ordinance as one of the few tools to legally deal with transients. Chief Abbott stated that the focus is not on transients; that the focus is on people who obey the law and people who do not obey the law; that if a crime has been committed, action will be taken; that no action will be taken if a crime has not been committed. BOOK 58 Page 29412 12/13/04 2:30 P.M. BOOK 58 Page 29413 12/13/04 2:30 P.M. Commissioner Bilyeu stated that the recent rating by the National Coalition for the Homeless indicating Sarasota is the 11th meanest city regarding the homeless was disturbing; that the crime statistics seem skewed; that more clarity is required regarding the statistics; that public safety is important; that proper data is important for reporting purposes. Chief Abbott agreed; and stated that the criteria for the meanest city was based on ordinances; that the City of Sarasota gives significantly to the people in the City; that being homeless is not against the law; that breaking the law is a crime. Vice Mayor Servian stated that subsequent to the ruling concerning the no-camping Ordinance, numerous telephone calls have been received from business owners and residents who are concerned the Commission is not going to stand up and do what is necessary for the public safety; that people have reported transients camping in private yards, decks, and lanais; that the Sarasota Police Department requires tools to reduce crimes; that the Commission is looking towards Staff to determine a method to put the tools back in place. Chief Abbott stated that people can be charged with trespassing on private property; that sleeping is not a crime; that preparing lodging and setting up housekeeping on someone else's property is a crime; that prior to the court's ruling the same activity was illegal on public property; that the hope is the Commission will take action on the appeal and on a new ordinance; that everyone's being safe including the transients is important; that assistance is being sought through discussions with the Criminal Justice Commission regarding additional resources. Lieutenant Sutton stated that a no-camping ordinance is necessary as a prohibition against trespassing alone is not adequate to resolve the problem; that a trespass warning is issued for the first violation; that the second trespass on the same property will result in a violation; therefore, a person could move from one property to the adjoining property to avoid a trespass violation; that trespassing is specific to an address. Chief Abbott stated that a person with a mindset to break the law at the felony crime level is not concerned about public intoxication, trespassing, defecating, or camping on other's property which are lower level crimes; that arrests improve the felony index numbers; that the police officers are doing an excellent job. Commissioner Palmer stated that the perspective has been negative regarding arresting homeless people; that ordinances have allowed the City to protect everyone's public health, welfare, and safetyi that she has observed the Sarasota police officers taking a person to the First Step of Sarasota, The Salvation Army, or other facilities; that the people are not arbitrarily incarcerated; that the Sarasota Police Department is commended for the systematic attempt to assist people in trying to improve lives and get off the streets and into a safe place; that Attorney Singer should indicate the recommendation for an ordinance to put in place until a ruling is received concerning the appeal. Commissioner Atkins stated that the issue may have been rushed to the Commission too quickly prior to being prepared to addressing specific problems; that the movement of the crime element to the new location of The Salvation Army was expected; that for the same kind of energy to follow a move is not unusual; that the most significant problem is the decision of the Federal and State governments to release the people in mental institutions who are now on the streets; that at the time, little complaining occurred; that people did not anticipate the homeless sleeping on public and private property; that the problem will not improve until the State and Federal levels become responsible for the health, safety, and welfare of people who have problems; that the City is one of the most humane communities in the country; that the City of Jacksonville, Florida, has 100 beds for transients but also has 1,000 people sleeping almost anywhere desires; that the larger issues should be addressed, which is a personal concern; that the reason for the length of the current presentation is the issue is not ripe for presentation at the current time. Attorney Singer stated that the issues related to transients and the problems associated with people who come to Sarasota and do not have a residence are very complex; that the problems are related in part to the closing of the mental hospitals; that many other issues exist; that two and one half years ago, a court case concerning an ordinance in another city provided a basis for a City ordinance which would be enforceable as the Eleventh District Court of Appeal had upheld the ordinance; that other City ordinances prohibit passive and aggressive BOOK 58 Page 29414 12/13/04 2:30 P.M. BOOK 58 Page 29415 12/13/04 2:30 P.M. panhandling and public urination and defecation; that the no- camping Ordinance was a part of a package of ordinances to deal with the condition and adverse impact of persons who are not going to a place at night but instead are living on the streets or in the parks; that the basic concept behind the regulations is the reasonable nature of the City's needing to protect the City and citizens for sanitation, health, and safety reasonsi that the reason for Chief Abbott to discuss The Salvation Army and the services provided is to establish an opportunity or an alternative place for a person to go which is important if lodging in public places is prohibited; that otherwise, the prohibition is against something for which no choice is available; that The Salvation Army has a 258 bed facility which is larger than most in large cities in Florida. Mayor Martin stated that 1,264 people in the community are homeless; that 258 beds at The Salvation Army is equal to approximately 20 percent of the homeless population. Attorney Singer stated that The Salvation Army is not fully occupied and has not turned anyone awayi that a different issue is presented if the beds are full and people have no place to go; that the statistics demonstrate a place is available every night; that the no-camping Ordinance was ruled unconstitutional as the Ordinance essentially prohibited sleeping out of doors; that a State Supreme Court ruling for guidance on such an ordinance does not exist; that the City should not be the first to address the legal issues involved, as legal challenges can be expensive; that instead, the City has relied on the ordinances of other jurisdictions which have been upheld; that untortunately, the Ordinance has been ruled unconstitutional, which is on appeal; that the question is the manner in which to proceed; that a new ordinance can be created by removing the objectionable item which is sleeping and instead return to the fundamental basis and prohibit the conduct of lodging on public property; that the parallel is in the City and many other jurisdictions sleeping in a vehicle is lawful; however, lodging in a vehicle is not lawful; that in prosecuting cases of unlawful lodging in a vehicle, evidence is not only presented of an individual who is sleeping in a car at 3:00 a.m.; that evidence such as racks of clothing indicating the individual is living in the vehicle is also presented; that generally, the police officer's testimony will indicate the presence of many items not normally found in a vehicle but rather at a place of residence; that in some instances, evidence of repetitive conduct is presented. Attorney Singer continued that Staff's recommendation is the Commission direct the preparation of an ordinance amending Section 10-10 and creating a new Section 34-41, City Code, which would make clear using public property including parks and beaches for lodging is prohibited; that sleeping would not be a required element for a violation; that a list will be prepared of activities which would constitute lodging such as being in a tent, laying down of bedding, storing of personal belongings, making a fire, earth digging, cooking activities, etc.; that the ordinance would indicate the activities would constitute camping if, considering all the circumstances, the person is using the area for lodging purposesi that any reference in the ordinance regarding sleeping as a violation would be deleted; that the current section of the no-camping Ordinance dealing with materials over a person or sleeping on cardboard would not be a violation; that an ordinance should address lodging but not sleeping. Commissioner Palmer stated that a concern is for Boy Scouts who are camping on private property with the owner's permission and asked for clarification regarding camping on private property with or without permission of the property owner. Attorney Singer stated that the ordinance will not be violated if permission has been obtained from the property owner; that the City could give permission on public property if camping is allowed at the site; that one option is to amend the regulations to prohibit lodging in the City except with the permission of the property owner; that another option is to limit the prohibition to the parks and beaches through Section 10-10, City Code, which would be more limited in scope than the first option. Vice Mayor Servian asked if public right-of-way would be included? Attorney Singer stated that public right-of-way could be included; that Section 10-10, City Code, concerns parks and beaches; however, rights-ot-way become a law enforcement issue as rights- of-way are difficult to identify; that parks and beaches are easily identified and can be posted with appropriate signage; that an option is to close the parks and beaches at night; that closing the parks and beaches is not recommended; that another option is to do nothing which would allow for people to set up lodging in a public place and wait for the ruling of the Court of Appeals; that the problems associated with homelessness are not limited to BOOK 58 Page 29416 12/13/04 2:30 P.M. BOOK 58 Page 29417 12/13/04 2:30 P.M. enacting or enforcing prohibitions against lodging in public places; that the City Attorney's Office stands ready to work with the Commission to find solutions to the larger problems than only the lodging issue; that a community in Oregon has a provision a person must be afforded the opportunity to go to a shelter prior to issuance of a citation; that a citation will be issued only if the person refuses; that in many cases, the Sarasota police officers offer the opportunity to go to a shelter; that the recommendation is to authorize preparation of an ordinance which would prohibit lodging in public in the City; that guidance is requested if the ordinance should be brought back for introduction or for first reading. Vice Mayor Servian stated that moving forward in preparation of an ordinance and bringing the ordinance back for first reading is preferred; that waiting will present more potential problems in the interim period; that she likes the idea of adding a provision indicating citations will be issued only after an offer of shelter. Chief Abbott stated that if a person is warned once, the person should not have to be warned every day; that day laborers traveled to Port Charlotte, Florida, to help rebuild homes which were destroyed; that returning to the City after 9:00 p.m. resulted in no place to goi; that the Sarasota police officers would take them to The Salvation Army; that building a city of dumpsters, shopping carts, bricks, etc., which requires thousands of dollars for cleanup is different than a person caught in intortunate circumstances; that the Sarasota police officers use discretion; that people stopped for open alcohol container violations are taken to the hospital for help; that only the repeat cases who refuse help are incarcerated. Vice Mayor Servian stated that the purpose is not incarceration but assessment to determine the deficiencies of an individual and to attempt to get the individual the proper social service; that many arrests are a result of outstanding warrants. Chief Abbott stated that the City should be ashamed if enabling someone to sleep on a box out in the elements. Commissioner Palmer stated that Judge Rapkin indicated no guidelines were included in the City's no-camping Ordinance; and asked if guidelines should be included in a new ordinance? Attorney Singer stated that the Orlando ordinance was of lesser length than the City's; that the Orlando Police Department had certain guidelines; that ordinarily courts do not review guidelines to determine constitutionality, that the specifics in the guidelines were incorporated in the City's no-camping Ordinance; that lodging will be specifically defined in a new ordinance. Commissioner Palmer concurred with Vice Mayor Servian's comments; that oreparing an ordinance for first reading is preferred. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to direct the City Attorney's Office to bring back an ordinance for first reading prohibiting Citywide illegal lodging and including specific guidelines with the stipulation a citation would only be issued after offering shelter. Vice Mayor Servian stated that further discussion should be delayed until a proposed ordinance has been presented. Commissioner Atkins stated that a problem with an ultimatum to go to a shelter or receive a citation is people cannot pack up and leave items of value; that an option other than to receive a citation does not exist. Mayor Martin stated that personal possessions are allowed at shelters to some extent. Chief Abbott stated that is correct; that the Sarasota Police Department generally safeguards personal property in the property unit. Commissioner Bilyeu stated that the Sarasota Police Department has performed an excellent job enforcing the no-camping Ordinance; that Lieutenant Sutton's service on the Sarasota County Coalition for the Homeless is a proactive approach. Mayor Martin called for a vote on the motion to direct the City Attorney's Office to bring back an ordinance for first reading prohibiting Citywide illegal lodging and including specific guidelines with the stipulation a citation would only be issued after offering shelter. Motion carried (4 to 1): Atkins, no; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Mayor Martin stated that the meeting deadline of 4:30 p.m. has been reached and asked the will of the Commission? BOOK 58 Page 29418 12/13/04 2:30 P.M. BOOK 58 Page 29419 12/13/04 2:30 P.M. City Auditor and Clerk Robinson stated that seven people have signed up to speak to Agenda Item VI-2 concerning the Farmers Market; that one person has signed up to speak concerning Agenda Item VII-1 regarding a lease with Bacco's, LLC. Mayor Martin stated that some items will by necessity be continued to the evening session, for which apologies are offered; and asked the order of business for the evening session? City Auditor and Clerk Robinson stated that two public hearings are on the evening Agenda; that any continued items will be heard after the public hearings. Mayor Martin stated that one of the public hearings could be lengthy. City Auditor and Clerk Robinson stated that one public hearing was three and a half hours before the Planning Board/Local Planning Agency. Vice Mayor Servian stated that Agenda Items VI-3 and VII-1 could be heard at this time. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to extend the meeting until 5:00 p.m. Vice Mayor Servian stated that Agenda Item VI-2 will be continued to the evening session due to the number of people wishing to speak. Commissioners Atkins and Palmer left the Chambers at 4:35 p.m. Mayor Martin called for a vote on the motion. Motion carried (3 to 0): Bilyeu, yes; Servian, yes; Martin, yes. The Commission recessed at 4:35 p.m. and reconvened at 4:41 p.m. 15. PRESENTATION AND DISCUSSION RE: FARMERS MARKET = EXPANDED LEMON AVENUE LOCATION CONTINUED DISCUSSION TO EVENING SESSION (AGENDA ITEM VI-2) CD 4:34 through 4:48 Mayor Martin asked for clarification regarding Agenda Item VI-2 which will be addressed during the evening portion of the meeting. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that two policy questions will be addressed; that one is if the Commission approves the larger footprint the Downtown Partnership of Sarasota is requesting for the Farmers Market on Lemon Avenue; that the size has been doubled from the previous location; that the second policy question is if the Commission desires to continue to pay for the City services; that the City services for the Farmers Market on Pineapple Avenue which the City authorized are approximately $26,000 annually; that the Administration has followed the Commission direction from the November 15, 2004, Regular Commission meeting and has prepared an amendment to the usage permit which would extend the term of the market for the year and allow for the market to be held on December 24 and December 31, 2004, at the present site. Mayor Martin asked for clarification regarding the status of the management of the Farmers Market. Mr. Schneider stated that the original usage permit was approved administratively: that the amendment carries through the end of February 2005 which is the original term for the usage permit and authorizes the Farmers Market to return to Lemon Avenue. Commissioner Palmer stated that another issue involves a Request for Proposal (RFP) and if the City desires to issue an RFP for those interested in submitting a proposal; that initiating an RFP should be discussed. Vice Mayor Servian stated that an item involving issuance of an RFP is not on the Agenda. City Auditor and Clerk Robinson stated that is correct. Commissioner Palmer stated that an RFP was part of the Commission's consideration at the December 6, 2004, Regular Commission meeting. City Auditor and Clerk Robinson stated that discussion of an RFP does not appear on the Agenda Request form and has not been advertised. Mayor Martin stated that discussion is not on the Agenda by default considering the deadline of notice is December 20, 2004. City Attorney Fournier stated that the issuance of an RFP is not on the Agenda; that he concurs with Mr. Schneider's indications; that the linkage is if an agreement exists between the Downtown BOOK 58 Page 29420 12/13/04 2:30 P.M. BOOK 58 Page 29421 12/13/04 2:30 P.M. Partnership of Sarasota and the City concerning the two policy questions the Commission is asked to decide; that presumably the renewal option will be exercised and the Downtown Partnership will manage the Farmers Market for another year; that the renewal is administratively handled; that if no agreement is reached, a year extension will not occur and moving forward with the RFP may be appropriate; that an RFP is tied to the renewal option to some extent but is not on the Agenda; that the Commission is not being asked to vote on the renewal option. Mr. Schneider stated that the Administration clearly understood the Commission's direction at the December 6, 2004, Regular Commission meeting to proceed as is recommended. City Attorney Fournier stated that the option to renew provided agreement could be reached on new terms and conditions; that some changes are proposed for which the Administration would desire guidance from the Commission as policy questions are involved which are not appropriate for the Administration to decide. Mayor Martin stated that people can sign up to speak; that the Mayor has the prerogative of limiting discussion to the two policy issues; that the Commission will clarify and reach a resolution concerning the policy issues during the evening session. 16. NEW BUSINESS: APPROVAL RE: LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND BACCO'S, LLC, TO LEASE A PORTION OF THE LEMON AVENUE MALL SITE, ADJACENT TO THE LEMON AVENUE ENTRANCE TO THE RESTAURANT FOR USE FOR OUTDOOR DINING- DENIED APPROVAL OF A LEASE WITH BACCO'S, LLC, 7 FOR OUTDOOR DINING AND DIRECTED THE ADMINISTRATION TO WORK WITH BACCO'S, LLC, TO DETERMINE PERMITS WHICH WILL BE REQUIRED FOR OUTDOOR DINING ON A LIMITED BASIS (AGENDA ITEM VII-1) CD 4:48 through 4:56 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Bacco's restaurant is located immediately north of Mattison's City Grille on the northern portion of the Lemon Avenue Mall; that at the time the Lemon Avenue streetscape construction began, Bacco's expressed an interest in eventually approaching the City regarding leasing a portion of the space outside the restaurant which would be the southern half of the northern half of the Lemon Avenue Mall for outdoor dining; that the Administration and Bacco's agreed bringing the request forward to the Commission until the Lemon Avenue Streetscape construction is finished made sense; that the request is to lease approximately 1,000 square feet of space outside the Lemon Avenue entrance to the restaurant; that the methodology for calculating the rent is the same as for Mattison's City Grille which is $4,717 annually; that Bacco's is proposing to install a perimeter fence similar to Mattison's City Grille; that the term of the lease is three years with one three year option; that the Mattison's City Grille lease is for five years with two five year options. Paolo Moschini, representing Bacco's Restaurant, 23 North Lemon Avenue (34235), stated that the request is to lease approximately 924 square feet of the Lemon Avenue Mall under the same guidelines established for Mattison's City Grille; that the lease is for three years plus two renewal options of three years each beginning January 1, 2005; that Bacco's would appreciate the same consideration as Mattison's City Grille to have the option of a five year lease plus two five year renewals; that a bond will be obtained; that the outside dining area of Mattison's City Grille is double the size Bacco's is requesting. Commissioner Palmer asked if the amount of the bond is $7,500? Mr. Moschini stated yes. Vice Mayor Servian stated that approving a lease is not supported; that the City has expended millions of dollars to construct the Lemon Avenue Streetscape; that a primary reason for the Lemon Avenue Streetscape is to open up the area to allow for street festivals and a staging area for outdoor fairs; that fencing off areas will result in an expensive sidewalk; that putting a few tables out at night is supported with temporary planters which will be removed during the dayi that the purpose of Mattison's City Grille is different from a private restaurant; that the City was desperate for years to bring some vitality to the corner of Lemon Avenue and Main Street; that the request is to lease City property which will preclude anyone else from using public property. Commissioner Palmer stated that fencing off the area will preclude any kind of events for which the Lemon Avenue Mall was constructed; that some outside dining is supported which may require an encroachment permit or some type of temporary permit; that installing permanent fixtures is not appropriate. BOOK 58 Page 29422 12/13/04 2:30 P.M. BOOK 58 Page 29423 12/13/04 2:30 P.M. Mayor Martin and Commissioner Atkins agreed. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to deny approval of a lease with Bacco's, LLC, for outdoor dining and direct the Administration to work with Bacco's, LLC, to determine the permits needed for outdoor dining on a limited basis. City Attorney Fournier stated that limited outdoor dining is defined as a provisional use permit in the Zoning Code (2002 Ed.). Mayor Martin stated that a single row of tables can be permitted; that evening outdoor dining may not be appropriate if events occur in the evening; that full use of the space should be available for City sponsored or permitted events. Mr. Schneider stated that a single row of tables would be a minimal impact; that Bacco's has approximately six feet outside the front door which is private property and which will be a minimal intrusion into public space. Mayor Martin called for a vote on the motion to deny approval of a lease with Bacco's, LLC, for outdoor dining and direct the Administration to work with Bacco's, LLC, to determine the permits required for outdoor dining on a limited basis. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 17. UNFINISHED BUSINESS: PRESENTATION AND DISCUSSION RE : NEIGHBORHOOD ACTION STRATEGY PROGRAM (AGENDA ITEM VI-3) CD 4:56 through 5:05 Michael Raposa, Director, and Ryan Chapdelain, Neighborhood Planner, Neighborhood Partnership Office (NPO), came before the Commission. Mr. Raposa stated that in December 2002, the Commission directed Staff to participate in five Neighborhood Action Strategy processesi that two have been completed; that the third, for the Arlington Park neighborhood, is in processi that the Alta Vista neighborhood was Slated to be the third; however, Staff was notified the neighborhood desired to defer the process to allow time for rejuvenating the neighborhood organization; that an issue is in the financing of the Neighborhood Action Strategies; that Staff has weighed solely and heavily for the capital projects on Community Development Block Grant (CDBG) funds; that the grants have been approximately between $250,000 and $400,000 annually for the Neighborhood Action Strategy neighborhoods; that until the present, all the neighborhoods have been within the eligible area; that little of the Arlington Park neighborhood is within the eligibility boundaries for CDBG funds; that Staff has committed to installing sidewalks; that funds are not available for a streetscape, a design for an intersection, signage, etc.; that the City and County Capital Improvement Programs were reviewed to determine if funds may be available; that Staff is seeking Commission input and direction for the implementation of a Neighborhood Action Strategy for Arlington Park prior to beginning the planning process. Commissioner Palmer stated that a perfect opportunity exists to consider the Local Options Sales Tax (L.0.S.T.) extension, also called the penny sales tax, reappropriation in approximately two years; that approximately 18 months will be required to complete the Arlington Park Neighborhood Action Strategy. Mr. Raposa stated that the Neighborhood Action Strategy should be completed in September 2005. Commissioner Atkins stated that the Neighborhood Action Strategy process should proceed; that the details can be worked out and refined as the City moves forward; that the vision should not be hindered by thinking no funding is currently available; that the reason for discussion is not understood. Vice Mayor Servian agreed. Commissioner Bilyeu agreed and stated that he was not aware funding was not available for Arlington Park at the time of attendance at an Arlington Park Neighborhood Association meeting and was caught unawares at the time a question was raised; that the City consistently fights State mandates without funding; that the City is now in a position of pursuing a mandate in the Neighborhood Action Strategy without funding; that the Neighborhood Action Strategy for Arlington Park should move forward in the best manner possible; that means to identify funding can be explored at the time the Neighborhood Action Strategy is completed. Mr. Raposa stated that preparing and implementing a Neighborhood Action Strategy can be accomplished; however, all previous Neighborhood Action Strategies had approximately $400,000 BOOK 58 Page 29424 12/13/04 2:30 P.M. BOOK 58 Page 29425 12/13/04 2:30 P.M. guaranteed leveraging for the fiscal year beyond adoption; that Arlington Park would not have funding the first year after adoption which would be the fiscal year beginning October 1, 2005; that Commission direction is requested prior to taking any action. Mayor Martin stated that the Commission will support the neighborhood on a similar level with the other Neighborhood Action Strategies; that the promise in the past has been the results would be delivered the next year. Vice Mayor Servian stated that funding may not be available as quickly. Mayor Martin stated that the issue may be addressed through the budgeting orocess. Commissioner Palmer stated that Neighborhood Action Strategy should move forward and not be slowed down; that financial decisions should not be the absolute basis for other decisions; that Staff should continue to dream and the Commission will determine a source of funding. Mr. Chapdelain stated that Staff has proceeded with some initial stages of the Neighborhood Action Strategy. Mr. Raposa distributed a schedule of upcoming neighborhood forums. Commissioner Bilyeu stated that the Arlington Park neighborhood residents have a high level of attendance at and participation in the community forums; that the Commission's support for the need to go forward is appreciated; and asked if the Alta Vista and Poinsettia Park neighborhoods fall under the guidelines for receipt of CDBG funds? Mr. Raposa stated Poinsettia Park qualifies for CDBG funds; that portions of the Alta Vista neighborhood will qualify; that Staff sent out 1,400 surveys to residents of Arlington Park; that over 300 were returned which is significant. Mayor Martin stated that some CDBG funds are committed to public housing and the redevelopment of the Janie Poe public housing complex. The Commission recessed at 5:05 and reconvened at 6:00 p.m. 18. COMMISSION PRESENTATION RE: MAYOR'S CITATION RECOGNIZING THE MEMBERS OF THE SARASOTA POLICE DEPARTMENT CRIMINAL INVESTIGATIONS DIVISION (AGENDA ITEM XI) CD 6:02 through 6:11 Mayor Martin requested that Peter Abbott, Chief, Sarasota Police Department, join him and the Commission at the Commission table. Mayor Martin stated that 2004 has been quite a year; that a brutal murder took place in the City during 2004; that the Sarasota Police Department (SPD) Criminal Investigations Division solved the murder investigation; that the Mayor's Citation is honoring the work conducted in the community by the Criminal Investigations Division; read in its entirety the Mayor's Citation to the SPD Criminal Investigations Division; and presented the Mayor's Citation to Chief Abbott. Chief Abbott stated that the members of the Criminal Investigations Division performed an outstanding job; that the murder was a terrible incident; that the Criminal Investigations Division performed as a team; and introduced the following members of the Criminal Investigations Division: Senior Transcriber Sharon Wood Senior Transcriber Janis Leaver Senior Transcriber Debra Koehler Administrative Supervisor Kathleen Lukas Criminalist James Tutsock Criminalist Valerie Howard Criminalist Jacqueline Scogin Detective Thomas Laughlin Detective Richard Lewis Detective Michael Jackson Detective Jack Carter Detective Mark Opitz Detective Linda DeNiro Detective Anthony Defrancisco Lead Detective David Grant Lead Detective James Glover Case Supervisor Sgt Christopher Born Sergeant James Henderson Sergeant Norman Reilly Sergeant Robert Reou BOOK 58 Page 29426 12/13/04 2:30 P.M. BOOK 58 Page 29427 12/13/04 2:30 P.M. Chief Abbott continued that some of the individuals from the Narcotics Division of the SPD were involved in the murder investigation but are not present in the Chambers; and requested Captain Thomas Laracey come forward to accept the Mayor's Citation on behalf of the Criminal Investigations Division. Captain Laracey came before the Commission and stated that working with such a dedicated group of individuals for the past four and one half years is an honor and privilege; that the team is excellent; that the team worked extremely hard which is evidenced by the outcome of the investigation; and expressed thanks to the Criminal Investigation Division. Mayor Martin requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that time limits will be established at the appropriate time by the City Attorney for speakers at the quasi-judicial public hearings; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 19. NON QUASI-JUDICIAL SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4595, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM XIV-A-1) CD 6:13 through 6:15 Mayor Martin stated that the item is the second public hearing concerning proposed Ordinance No. 05-4595 amending the budget for the fiscal year (FY) beginning October 1, 2004; opened the public hearing; and requested that Staff come forward for the presentation. Gibson Mitchell, Director of Finance, came before the Commission and stated that as of 2004, Section 166.241(3) (c), Florida Statutes, requires an increase in fund appropriations must be adopted in the same manner as the originally adopted budget; that as a result, increases to the approved budget must be adopted by ordinance with two public hearings; that the process of adopting increases to the originally approved budget by ordinance replaces the previous method of appropriating funds by resolution authorized by the Commission; that the second public hearing regarding proposed Ordinance No. 05-4595 appropriates $3,000 for training, supplies, and promotional activities from the Crime Prevention Fund, and $100,000 for training programs and $150,000 for operational and investigative costs for the Vice Narcotics Unit from the Law Enforcement Trust Fund; that Staff recommends the Commission adopt proposed Ordinance No. 05- 4595. There was no one signed up to speak and Mayor Martin closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 05-4595 by title only. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to adopt proposed Ordinance No. 05-4595. Mayor Martin requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. BOOK 58 Page 29428 12/13/04 2:30 P.M. BOOK 58 Page 29429 12/13/04 2:30 P.M. 20. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4480, TO REZONE + 7.49 ACRES LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF BOULEVARD OF THE ARTS AND COCOANUT AVENUE, ; BOUNDED BY TENTH STREET ON THE NORTH, BOULEVARD OF THE ARTS ON THE SOUTH, FLORIDA AVENUE ON THE EAST AND COCOANUT AVENUE ON THE WEST, FROM THE RESIDENTIAL MULTIPLE FAMILY-3 (RMF-3) AND COMMERCIAL GENERAL (CG) ZONE DISTRICTS TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW A PROPOSED MIXED-USE PROJECT CONSISTING OF + 374 RESIDENTIAL DWELLING UNITS AND + 88,500 SQUARE FEET OF COMMERCIAL SPACE (OFFICE AND RETAIL) : APPROVING SITE PLAN APPLICATION NO. 03-SP-24 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; ; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-13 AND 03-SP-24, APPLICANT STEPHEN D. REES, / ESQUIRE AND DONALD M. LAWSON, AIA, AS AGENTS REPRESENTING DANA AND LUCILLE TILLERY, ELIZABETH K. MEYER, ROSEMARY DISTRICT PROPERTIES, LLC, COCOANUT INVESTMENT GROUP, 1 LLC, JSD SARASOTA, LLC, KHASON DEVELOPMENT F LLC, AND BOULEVARD INVESTMENT GROUP, / LLC, COLLECTIVELY AS THE OWNERS) - PASSED ON FIRST READING WITH THE ADDITION OF THE FOLLOWING LANGUAGE FOR INCLUSION IN SECTION 5 SUBPARAGRAPH (G) : APPLICANTS SHALL PROVIDE WITHIN THE PROPOSED MIXED-USE DEVELOPMENT TWENTY PERCENT (20%) OF THE CONSTRUCTED RESIDENTIAL DWELLING UNITS TO BE INITIALLY SOLD WITHIN A PRICE RANGE BETWEEN $175,000 AND $250,000 WITH ACTUAL SALES PRICE FOR EACH UNIT TYPE TO BE DETERMINED BY APPLICANTS (HEREIN "RESTRICTED SALE UNITS"). AT TIME OF APPLICANT' I S SUBMISSION OF FINAL CONSTRUCTION PLANS RESTRICTED SALE UNITS WITHIN ANY PROPOSED BUILDING CONTAINING RESIDENTIAL DWELLING UNITS SHALL BE IDENTIFIED. AND PROPOSED ORDINANCE NO. 03-4481, TO CONDITIONALLY VACATE THAT CERTAIN PLATTED 40 FOOT WIDE RIGHT-OF-WAY KNOWN AS ROSEMARY STREET (PLATTED AS ROSEMARY LANE) BETWEEN COCOANUT AVENUE AND FLORIDA AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF i ETC. (TITLE ONLY) (APPLICATION NO. 03-SV-06, APPLICANT STEPHEN D. REES, ESQUIRE AND DONALD M. LAWSON, AIA, AS AGENTS REPRESENTING DANA AND LUCILLE TILLERY, ELIZABETH K. MEYER, ROSEMARY DISTRICT PROPERTIES, LLC, JSD SARASOTA, LLC, KHASON DEVELOPMENT I LLC, COCOANUT INVESTMENT GROUP L LLC AND BOULEVARD INVESTMENT GROUP, / LLC, COLLECTIVELY AS THE OWNERS) - PASSED ON FIRST READING (AGENDA ITEM XIV-B-1) CD 6:16 through 10:01 Mayor Martin requested that City Attorney Fournier explain the quasi-judicial public hearing process. City Attorney Fournier stated that the quasi-judicial public hearing involves three applications for development approval for the Portofino project, including a request for rezoning, site plan approval and street vacation; that the rezoning and the site plan approval are quasi-judicial decisions; that the street vacation is not; that the public hearing has been consolidated to facilitate a presentation and the Commission's understanding of all the issues; that one single vote can be taken on the site plan and the rezoning which are incorporated in a single ordinance; that a separate vote is required for the street vacation; that during the quasi-judicial public hearing, the Commission will be required to base any decision on competent, substantial evidence; that no one has filed for certification as an Affected Person; that the City and the Applicant may call witnesses, may speak in rebuttal, and may submit documents; that the order of the presentation will be: 1) the Applicant, 2) City Staff, and 3) the public; that prior to opening the public hearing, the Commission will be requested to disclose any ex parte communications concerning the applications; that he has had communications with the attorney for the Applicant regarding time limits; that the Attorney has requested 30 minutes to make a presentation and 15 minutes for rebuttal; that Planning Staff has requested 15 minutes for presentation and 10 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Martin stated that hearing no objections, the recommended time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Atkins stated that no direct ex parte communications have occurred other than electronic mail (email) which was received; and asked if the information included in the Planning Board/Local Planning Agency (PBLP) documents is considered ex parte communications? City Attorney Fournier stated no; that the information is part of the record. Commissioner Palmer stated that the site has been visited; however, no ex parte communications have occurred. BOOK 58 Page 29430 12/13/04 2:30 P.M. BOOK 58 Page 29431 12/13/04 2:30 P.M. Vice Mayor Servian stated that no ex parte communications have occurred. Commissioner Bilyeu stated that on August 12, 2003, at 2:30 p.m. a message was received from the developer, Wayne Morehead; that he called Mr. Morehead at 9:45 a.m. on August 13, 2003, and left a message; that he and Mr. Morehead spoke at 1:30 p.m.i that Staff recommended Mr. Morehead speak with him regarding the Luke Wood House and the Crocker Church; that since the time, Father Jim Nilon telephoned him; that he returned the call on November 22, 2004; that the discussion was regarding the Luke Wood House and the Crocker Church and the importance of preservation of the structures; that Dr. Ed James telephoned him at 1:30 p.m. on December 3, 2004; that Dr. James indicated support of the subject project. Mayor Martin stated that one email was received which was forwarded to the Office of the City Auditor and Clerk; that the email was in support of the project; that the email was not read in its entirety; that a December 2, 2004, letter to the Commission from Christopher Wenzel was received regarding concerns of the historic preservation of the Luke Wood House and the Crocker Church; that a brief conversation was held with John McCarthy, General Manager, Sarasota County Parks and Recreation, at the opening of the Ringling Square project; that the discussion was specific to the C.B. Wilson House and the process to preserve the C.B. Wilson House which led to a reference of the subject project; and submitted the letter from Mr. Wenzel for the record. Commissioner Atkins stated that the impression was ex parte communications must be indicated if held after the application was filed; and asked if he should disclose the fact he met Mr. Morehead one and one half to two years ago prior to submittal of the applications? City Attorney Fournier stated no, only if Mr. Morehead gave him information regarding the application. Mayor Martin opened the public hearing regarding proposed Ordinance Nos. 03-4480 and 03-4481 and requested that the Applicant come forward. Wayne Morehead, President, Khason Development, Inc., Stephen Rees, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, Don Lawson, AIA, Lawson Group, Inc., Architects, Lawson Group, and Mark Hess, Certified Planner and Project Engineer, WilsonMiller, came before the Commission. Attorney Rees stated that he is the authorized agent and Attorney for the Applicants; that proposed Ordinance No. 03-4480 pertains to the rezoning of a 7.51 acre site bounded by Boulevard of the Arts, Tenth Street, and Cocoanut and Florida Avenues; that the request is accompanied by a proffered site plan for a mixed-use project, consisting of eight buildings with 375 residential units, 88,500 square feet of commercial space, and enclosed parking for 1,026 vehicles; that the southern portion of the project is located in the Residential Multiple Family 3 (RMF-3) Zone District, which allows up to 13 units per acre; that the northern portion is currently in the Commercial General (CG) Zone District, which does not permit residential buildings; that the Applicant is requesting rezoning to the Commercial Central Business District (CCBD) Zone District, which allows up to 50 dwellings per acre; that the CCBD, CG, and RMF-3 Zone Districts were all implementing zone districts of the Central City Future Land Use Classification in effect at the time the applications were filed; that the applications were timely filed under the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) ; that accordingly, the Executive Summary, included in the Agenda backup material, indicates the Standards for Review for rezoning, site plan and street vacation. Attorney Rees continued that both the density and height allowed in the CCBD Zone District are being requested in the approval of the proposed project with some modifications, which will be further explained; that on November 10, 2004, the PBLP conducted a public hearing to consider the proposed rezoning, the proffered site plan, and an associated request to vacate Rosemary Lane, and voted 5 to 0 to recommend approval of all the requests; that Staff's finding was, on balance, the applications are not consistent with the City's Comprehensive Plan, which is considered an error; that Staff's analysis is flawed in singularly objecting to permissible height within the CCBD Zone District; that the concern was the height created by the project is out of scale with the abutting properties; that the objection to any consideration or discussion of the application of the City of Sarasota Downtown Code (Downtown Code) to the property was made clear; that many favorable comments were made by Planning Staff during the PBLP public hearing; that Staff's recommendation to deny the project, rather than to approve the project with stipulations, is unfortunate; that the PBLP's BOOK 58 Page 29432 12/13/04 2:30 P.M. BOOK 58 Page 29433 12/13/04 2:30 P.M. reaction to the proposed project is pleasing; that the November 17, 2004, PBLP meeting minutes indicate the testimony and evidence was considered in a conscious and deliberate fashion; that the PBLP found a compelling case to recommend approval by the Commission of all three applications. Attorney Rees further stated that the proposed project has been deemed concurrent under all of the applicable standards as reviewed by the Development Review Committee (DRC); that the proposed project is consistent with the City's Tree Protection Ordinance; that upon approval of the proposed Ordinances, the Applicant will be moving immediately toward initiating the next sequence of events and to submit the construction plans; that the proposed project is not a dream; that the proposed project is a vision which will become a reality; that the proposed project will be constructed. Mr. Lawson referred to architectural renderings and site maps of the proposed project displayed on the Chamber monitors; and stated that the site is bounded by Boulevard of the Arts on the south, Tenth Street to the north, Cocoanut Avenue to the west, and Florida Avenue to the east; that the project consists of a number of different buildings; that the total site area is approximately 7.5 acres; that the residential component includes 374 residential units or condominiums; that 88,500 square feet of commercial space with multiple parking garages is included with a total parking capacity of a little over 1,000 vehicles; that although the project has been submitted under the CCBD Zone District, numerous components of the City of Sarasota Downtown Code (Downtown Code) are included; that an urban park has been created in the middle of the project which can be used by residents and visitors to the site and the surrounding area; that care has been taken concerning design of the building sO all the facades will be front elevations; that pedestrian circulation patterns have been created in, around and through the proposed project; that the hope is to lure the community and the neighborhood onto the site to enjoy the features, benefits and amenities being provided in the project; that curb cuts and access on both Cocoanut and Florida Avenues have been limited; that no access from Boulevard of the Arts will be available; that creating a project of such a scale with sO few curb cuts was difficult; that Staff had requested curb cuts be minimized in recognition of the tenets of the Downtown Code. Mr. Lawson continued that an urban fabric has been designed which will likely please everyonei that a series of articulated facades have been created; that every building is different; that the buildings vary in height; that the belief is the proposed project includes buildings with the finest designs; that storefront glass at the ground level has been created in recognition of the Downtown Code; that canopies are being provided sO people will have shelter from the weather; that the buildings are at the edge of the street, which was a compromise in recognition of some of the provisions in the Downtown Code; that the parking garages will be concealed; that the parking garages will not be visible from the street level; that water features have been sporadically positioned throughout the project for the enjoyment of the neighborhood residents and visitors; that parking has been distributed evenly across the site to avoid intense congestion of parking in the parking gàrages; that the height of the buildings has been significantly reduced from the original proposal; that an attempt is being made to address the goals of the Downtown Code; that two neighborhood meetings were held; that the proposed project was well received in both meetings; that no opposition was raised by any of the neighbors at either of the meetings. Mr. Lawson further stated that an attempt was made to provide a ratio of commercial and residential components which will provide a sustainable project; that sufficient residential units to support and enhance the commercial component have been included; that the hope is to have people who live and work in the proposed project; that a 24 hour environment has been created which is an excellent example of good urban design in a mixed use project; that the only comment received from Planning Staff was relative to the height of the proposed project; that the heights of the building and the issue of compatibility have been reviewed; that compatibility must be related to the height, scale and proportion of the project; that architectural renderings of the overall elevations of the entire site are included in the Agenda backup material; that varying heights, articulations, and scales are included in the proposed project with the goal of attempting to create view corridors, natural daylight, and other amenities important to creating a vibrant type of environment; that one suggestion from Staff early in the design of the project was to reduce the height and make all the buildings the same height; that the strong belief was, from an urban design perspective, the situation would not be good; that 60 percent of the units would never see direct sunlight due to the sunlight angles; that 60 percent of the units would have no BOOK 58 Page 29434 12/13/04 2:30 P.M. BOOK 58 Page 29435 12/13/04 2:30 P.M. views; that the project would not be viable without the ability to have various heights and styles of buildings. Mayor Martin asked if all the units would have views and natural daylight as a result? Mr. Lawson stated that the current design with staggering heights allows 80 percent of the units to have natural daylight; that staggering heights allow breezes, ventilation and natural light. Mr. Hess stated that the issue in the Staff Report, included in the Agenda backup material, which led to Staff's recommendation of denial is the height of four of the eight proposed buildings exceeds five stories, which is the anticipated height limit for the area under the Downtown Code; that the argument was the height of the buildings was incompatible with the surrounding area. Mr. Hess distributed and referred to an aerial photograph of the surrounding building heights displayed on the Chamber monitors, also included in the Agenda backup material; and stated that buildings which are as tall or taller than being proposed on the property exist to the west and south of the site; that the Broadway Promenade is on the northwest portion of the property, and just broke ground on November 10, 2004; that the Broadway Promenade has a six story tower proposed at the corner of 11th Street and US 41; that an existing building, the Jefferson Center, is to the south of the site; that south of the Jefferson Center is the 17 story Alinari Tower for which ground will be broken soon and which is the second phase of the Sarasota Renaissance development; that continuing south is the Sarasota Renaissance tower, which has 16 stories and is 180 feet in height as well as a project called The Boulevard which was formerly called the Portofino Place project; that The Boulevard is a nine story building which has been approved requires a rezoning to the CCBD Lone District; that The Boulevard is at the southwest corner of Boulevard of the Arts and Cocoanut Avenue. Mr. Hess continued that moving across the street to the east is McCown Tower which is 11 stories tall; that McCown Tower is immediately south of the proposed Portofino project site; that arguing the heights of eight and nine stories in the context of taller buildings to the west and to the south is not accurate in describing the area; that his professional opinion is the height and varied mix of two, three and four story buildings together with the eight and nine story buildings is appropriate for the area; that the proposed project can be found compatible with the definition of a five story building under the Downtown Code. Mr. Lawson referred to a drawing indicating buildings of the proposed project compared to a building constructed to the allowed height under the Downtown Code displayed on the Chamber monitors and stated that the section of the Downtown Code concerning height was reviewed to gain an understanding of the issues; that Building 1 in the proposed project is almost half the allowed height; that Building 2 is still below the five story height limitation of the Downtown Code; that the height of Building 3 compared to the Downtown edge is indicated; that Building 4 is half the height allowed; that Buildings 5 and 6 are on the northern portion of the site; that Building 6 is the only building shown at a higher height than recommended in the Downtown Code; that Buildings 7 and 8 are still below the height threshold allowed in the Downtown Code. Attorney Rees stated that Mr. Lawson indicated the proposed development is designed to allow the neighborhood residents and visitors to frequent and enjoy the amenities provided; that Rosemary Street is indicated as a pedestrian street in the Downtown Code; that along with the Rosemary Street vacation, an easement through the project sidewalk system for the benefit of the public is voluntarily proffered; that the easement has been proffered as a condition in the proposed Ordinancei that information from the site plan to document the sidewalk system has been provided to the City Attorney's Office. Mr. Morehead stated that in May 2003, the initial applications for rezoning to the CCBD Zone District and site plan approval was made under the City's Comprehensive Plan; that the applications were revised several months later in September and approximately three months prior to the December 2003 date at which time the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) was incorporated into the City's Comprehensive Plan; that the PBLP agreed the Zoning Code (2002) is the standard by which the property can be properly judged; that the CCBD Zone District is being pursued since providing the necessary and instrumental benefits; that the CCBD Zone District is necessary for the success of the project; that the CCBD Zone District is intended to accommodate activities to attract residents and visitors in significant numbers in concentrated areas, which is another way of saying "density"; that the CCBD Zone District provides for 50 units per acre, which is the number BOOK 58 Page 29436 12/13/04 2:30 P.M. BOOK 58 Page 29437 12/13/04 2:30 P.M. of units per acre requested; that the Staff Report, included in the Agenda backup material, indicates density was among some of the many favorable comments cited by the PBLP; that the CCBD Zone District allows 180 feet in height for residential purposes; that buildings in the original application were considerably taller than in the present plan; that the eight buildings in the plan range in height from 48 feet to 105 feet; that 105 feet is 58 percent of the maximum allowable height under the CCBD Zone District for residential purposes. Mr. Morehead continued that 93 feet is the maximum height allowable under the new Downtown Zone Districts, which have not yet been imposed; that a right exists to apply for zoning in the CCBD Zone District; that after significant discussion and indication of community support, the PBLP believed incompatibility was not an issue; that issues regarding compatibility were not raised during the neighborhood meetings; that the PBLP indicated the graphics presented by Mr. Hess provided more than ample evidence the project is fully compatible with the surrounding neighborhood; that he is aware the Commission has requested developers to make certain types of concessions in the past sO projects can be constructed; that no density bonuses or Tax Increment Financing (TIF) funding, variances, or any other type of financial assistance have been requested; that preservation of vested rights under the properly submitted application is being requested as well as all the entitlements properly due; that the Commission's assistance to redevelop and revitalize an important part of the City is requested; that significant discussion and some negotiation took place at the PBLP public hearing regarding the possible imposition of various conditions or restrictions to attain assurances deemed proper; that at the end of the public hearing, the PBLP indicated probable cause, position, or authority to exact such conditions or restrictions from him as the developer did not exist. Mr. Morehead further stated that he was not compelled to offer concessions; however, concessions were offered; that the initial concession was a 10 percent decrease in price for 20 percent of the units; that as a gesture of his genuine interest and commitment toward being an asset and amenity to the City, he offered to accept a 20 percent restriction regarding the number of workforce type housing which will be included in the project; that at the end of the public hearing, the PBLP felt burdening him or the project with such concessions would not be fair; that he has come before the Commission in the spirit of being a good citizen and helpful to the community; that 20 percent of the units will be made available for purchasers in the range of a purchase price of under $250,000 if the proposed project is approved at this time; and distributed the following proffer for the Commission's review. Applicants shall provide within the proposed mixed-use development twenty percent (20%) of the constructed residential dwelling units to be initially sold within a price range between $175,000 and $250,000 with actual sales price for each unit type to be determined by Applicants (herein "Restricted Sale Units"). At time of Applicant's submission of final construction plans Restricted Sale Units within any proposed building containing residential dwelling units shall be identified. Attorney Rees stated that all the materials the witnesses have reviewed with the Commission should be incorporated into the record; that copies can be provided to the City Auditor and Clerk if necessaryi that supplemental material not incorporated into the PBLP Agenda backup material was provided to the PBLP; that on September 28, 2004, Mr. Lawson submitted supplemental information which was part of the proceeding before the PBLP; that a September 28, 2004, letter to Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, from Anthony Catalano, Lawson Group, reviews the individual materials submitted; that one document is a revised street vacation criteria for Rosemary Street; that the attachment to the letter regarding the revised criteria discussion concerning the Rosemary Street vacation has been copied and requested that the City Auditor and Clerk distribute the information to the Commission. Attorney Rees continued that the Applicant was seeking to vacate both May Lane and Rosemary Street at the time of the initial application; that as the plan evolved, a consensus was reached with the Engineering Department only Rosemary Street would qualify for vacation, which is the reason the revised plan no longer proposes the Closure of May Lane; that May Lane was left as a public right-of-way and is a feature providing internal circulation within the development plan; that the Engineering Department recommended approval of the closure of Rosemary Street since Rosemary Street is an unimproved, non-maintained, dirt path; that Rosemary Street's primary significance in the Downtown Master Plan 2020 is for pedestrian usage; that the elimination of Rosemary Street for vehicular passage is not critical and the elimination from pedestrian utilization has been supplanted by the Applicant's stipulation in the proposed Ordinance approving the BOOK 58 Page 29438 12/13/04 2:30 P.M. BOOK 58 Page 29439 12/13/04 2:30 P.M. street vacation for a public easement throughout the project on the sidewalk system. Attorney Rees stated further that the Applicant has had an excellent relationship with Mr. Hoglund and members of the DRC over a lengthy period of time as the project was initially submitted and has evolved; that the professional disagreement which caused Planning Staff's recommendation for denial is simply a professional disagreement; that professionals are disagreeing on the basis of principles; that the belief is the record establishes competent and substantial, compelling evidence all the Standards of Review for each of the separate applications have been satisfied; that no inconsistency with the City's Comprehensive Plan exists; that on balance, overwhelming evidence exists of compliance; that Part II, Appendices, Exhibit B, Application Excerpts, included in the Agenda backup material, includes an lengthy analysis which was prepared at the time of the filing; that the analysis discusses the application of each applicable goal, policy and Action Strategy within each Chapter of the City's Comprehensive Plan; that the analysis also reviews in detail compliance with each of the Standards of Review; that the proposed Ordinances are well drafted; that the Commission is requested to approve each of proposed Ordinances on first reading so the Applicant may move forward with the project. Vice Mayor Servian stated that two neighborhood meetings were held; that the first meeting was in April 2003; that at the time, the project was described as having 241 residential units and 55,000 square feet of commercial use which changed to 375 residential units and 88,000 square feet of commercial use; that one follow up neighborhood meeting was held; that only a few people attended; and asked if the neighborhood was aware the intensity of the project was being changed? Mr. Lawson stated that both neighborhood meetings were advertised in the same manner; that the updated numbers were advertised for the second neighborhood meeting. Vice Mayor Servian referred to the architectural rendering of overall elevations of the buildings, included in the Agenda backup material; and stated that Buildings 2, 3, 6 and 8 would be the tallest, yet the buildings are oriented toward the neighborhood which has single family dwellings rather than on Cocoanut Avenue which has more compatible buildings; that a question is if the orientation can be changed. Mr. Lawson stated that due to limitations of the site and the fact Florida Avenue will be designated as a primary "A" Street, the access into the functions of the building was difficult to overcome; that placing the larger buildings on Florida Avenue was necessary to manage issues such as trash collection and ingress and egress into the parking garages; that an attempt was made at one time to reverse the orientation; that reversing the orientation would not allow for a good mix of heights and articulation; that the layout of the project as proposed is considered the best to meet the goals of the CCBD Zone District, the Downtown Code, and the discussions with Staff over the last couple of months. Vice Mayor Servian stated that a question is the manner in which the Applicant will ensure the proffer of affordability of the units in the $175,000 to $250,000 range and assure the units will not be sold to speculators; that the person applying for the units must go to closing and actual live in the unit; that the current situation is as soon as the sales office opens, people are immediately purchasing the units, speculating, and selling the contracts prior to closing. Mr. Morehead stated that the intention is anyone who has a contract must close on the property. Commissioner Palmer asked the manner in which the developer will assure the residents are of moderate income and not speculators who will turn the units over for resale; that the Applicant's proffer to include workforce housing is appreciated. Mr. Morehead stated that the intent is for the targeted people to purchase the units; that knowing people's intent beyond closing is difficult; that having the knowledge people will at least be required to go to closing provides some comfort. Commissioner Palmer stated that billionaires could attempt to purchase a unit and could indicate the intent to reside in the unit; that six months later the unit is sold; that significant concern regarding housing for young professionals exists; that young professionals should have the ability to purchase a unit and live, work, and play in the Downtown; that assuring residents of moderate or modest income actually are the ones able to purchase the units is important; that the City has encountered problems with affordable units being purchased and sold for a profit within a year. BOOK 58 Page 29440 12/13/04 2:30 P.M. BOOK 58 Page 29441 12/13/04 2:30 P.M. Mr. Morehead stated that enforcement is difficult; that he anticipated the question; however, an answer cannot be provided. Commissioner Palmer stated that the City's goal is not being accomplished. Attorney Rees stated that he recommended the Applicant authorize his office to perform a complete examination of currently reported appellate decisions construing the enforceability of provisions such as suggested by Commissioner Palmer for inclusion in a stipulation; that often, with such a global search, the appellate decisions are not uniform in their holdings; that a startling number of jurisdiction have attempted to impose a rent or a sales control through a formula or methodology and were subject to collateral attack either by the initial purchaser or third parties who sought to break the restriction and buy the unit; that he has informed his client imposing any stipulation and obligation would be unwise due to the possibility of extensive litigation; that séveral alternative language mechanisms were drafted but were not brought torward; that the Applicant's Profier of Additional Stipulation is for inclusion in Section 5 as subparagraph (g) of proposed Ordinance No. 03-4480; that the decision was the stipulation before the Commission is at least a good, positive, gesture to help find a solution for the City. Attorney Rees continued that the Applicant is not the solution; that the Applicant cannot solve the problem alone, which is likely understood by the Commission; that the proposed project would be the first mixed-use project making any commitment to provide affordable housing approved for the CCBD Zone District; that 20 percent is extremely meaningful; that the Commission is respectfully requested not to "break the back" of the developer; that the Applicant is doing the best job possible under the current case law; that the research conducted can be shared with the City Attorney; that the City Attorney will likely find the matter was well researched. Commissioner Palmer stated that the intent is not to break anyone's back; that Mr. Morehead is attempting to provide something desired by the Commission; that the intent is to determine if some legal way exists to help Mr. Morehead perform the service for himself and the community based upon his proffer. Vice Mayor Servian stated that a question is if Attorney Rees researched if any restriction concerning income level is placed on an applicant; that the initial sale would at least be protected if restricted to a certain income level; that a goal is 20 percent of the units will be more affordable; that a financial vetting for the units will help ensure the units get into the proper hands. Attorney Rees stated that the concept defining income qualified or purchaser eligible was discussed with the Applicant; that regrettably, the burden would fall initially on the Applicant in a proffer to attempt and determine all the parameters and the ramifications of policing the matter; that the concern is placing the developer or the City in a position of having someone coming forward with the claim of being income qualified and not approved or alleging abuse to the program; that the developer cannot create a program for the City and will not accept the onerous responsibility of developing a program; that the Applicant has brought forth the best possible project; that a good faith commitment to help provide workforce housing is being provided; that going beyond the proffered good faith commitment by imposing controls and regulatory mechanisms cannot be recommended to his client; that the obstacle is too large at this time. Mr. Morehead stated that any development requirement for affordable housing is at a 10 percent level in most jurisdictions; that 20 percent of the project as workforce housing is willingly being offered, which should be given proper consideration. City Attorney Fournier stated that the views expressed by the Applicant are shared; that the condition to provide 20 percent of the project as workforce housing can be imposed via value on the units or the income qualification of the occupants; that the City uses income qualification rather than the value of the unit; that the value of the unit is undoubtedly the simplest method to use for the proposed project; that the best case would be if the City had an enabling ordinance such as inclusionary zoning establishing a certain percentage as mandatory; that a needs study and analysis would be necessary documenting support of the Housing Chapter in the City's Comprehensive Plan; that the City's Comprehensive Plan is based on the 1990 census data; that an incentive based ordinance is also possible; however, something over and above density and height than otherwise allowed in the particular Zone District would be necessary; that 50 units per acre is the number of units allowed in the CCBD BOOK 58 Page 29442 12/13/04 2:30 P.M. BOOK 58 Page 29443 12/13/04 2:30 P.M. Zone District; that the Applicant would have to request something more than otherwise allowed under the CCBD Zone District; that having an offer or proffer from the Applicant is considered the second best position; that the scenario of concern was if the Applicant was not going to proffer anything and the City desired a condition. City Attorney Fournier continued that ensuring the units would be owner occupied at least immediately after purchase could be included as a provision if the Applicant is amenable; that each prospective purchaser of the affordable units could only be allowed to purchase one unit, which would be a simple way to address the problem; that he has not been able to speak to Attorney Rees regarding the research which was conducted; that he would be glad to review the research and provide his comments at second reading of the proposed Ordinances if desired. Commissioner Palmer stated that the possibility should be considered. Mayor Martin agreed; and stated that people working Downtown should be able to live nearby; that marketing of the affordable units should perhaps include employees working in the Downtown. Commissioner Palmer stated that three historic buildings exist on the site; and asked the status of the historic properties? Mr. Morehead stated that the Throne of Grace Parrish and another structure are located on the property; that Father Jim Nilon is present in the Chambers and can provide information regarding the plans for the structures. Mayor Martin stated that Father Nilon has signed up to speak and can provide the information if the Commission desires. Mr. Morehead stated that Father Nilon's intention is to relocate the two structures to a suitable site within in the City; that the third structure to which the Commission is referring is a dilapidated house which is boarded upi that he is receiving code violations for the house; that he has no plans to move the structure. Commissioner Palmer asked if Mr. Morehead would have any objection to moving the structure off site if someone came forward? Mr. Morehead stated no. Commissioner Palmer asked for clarification regarding the existing 14 to 22 families living on the site, once the property is cleared, and if any program or plans have been made to assist the residents to purchase units in the development or to establish affordable housing somewhere near the development? Mr. Morehead stated that he has not made any specific overtures to the tenants to purchase any of the units in the new development; that the tenants are certainly welcome to purchase the units; that the financial ability of the tenants to purchase a unit is not known; that the tenants will be provided proper and extensive advance notice of the intentions for the property; that the intent is to assist the tenants with relocation by some type of rent abatement program. Commissioner Palmer stated that Attorney Rees discussed the issue of vested rights regarding the CCBD Zone District; that the vested rights are to request the rezoning but not necessarily to receive the rezoning to the CCBD Zone District; that the Applicant is entitled under the RMF-3 Zone District and the CG Zone District to request a change in zoning; that the concern is the possibility of a lawsuit by developers of property rezoned to the CCBD Zone District based on the Burt J. Harris, Jr., Private Property Rights Protection Act (Burt Harris Act); that the property is included in the program for a rezoning to the new Downtown Edge Zone District; that proposals for projects are coming forward prior to the new Downtown rezoning deadline; that the status from a legal perspective if the rezoning to the CCBD Zone District is granted and the City moves ahead with the new Downtown Zone Districts as proposed is requested; that the property will no longer be conforming if the rezoning to the CCBD Zone District is approved and the property is subsequently rezoned to the Downtown Edge Zone District. Attorney Rees stated that the property will no longer be conforming; however, the forum at this time is not appropriate to have the discussion; that the possibility of one of three Zone Districts remains; that the property is designated in the Downtown Urban Mixed Use Future Land Use Classification; that clearly, the Applicant will participate during the consideration of the new Downtown Zone Districts to protect whatever approvals and rights of development flow from the request for the CCBD Zone District. Attorney Rees continued that part of the forthcoming discussion with the City Attorney's Office during the new Downtown BOOK 58 Page 29444 12/13/04 2:30 P.M. BOOK 58 Page 29445 12/13/04 2:30 P.M. rezonings is the provision of language within the adopting ordinances which will provide protections to those properties having received approvals and desiring to maintain those development rights; that more specifics cannot be provided; however, the opportunity to find a common goal and appropriate language which is constitutionally acceptable from challenge and is fair and reasonable both to the City and the property owner is favorably anticipated. Commissioner Palmer stated that the intent is to place on the record the City's concern related to the possibility of the property owners or representatives of the property owners will make a claim the City is taking away their development rights and demanding protection under the Burt Harris Act; that the new Downtown Zone District may not be consistent with the CCBD Zone District. Attorney Rees stated that the ultimate Downtown Zone District may or may not be consistent with the CCBD Zone District depending on the legislative determination and the manner in which the language of the enabling ordinance addresses the rezoning. City Attorney Fournier stated that discussions have been held with Staff regarding the placement of specific language in the proposed Ordinance; that the decision was made to place specific language in the ordinances which are going to rezone the Downtown to the four new Downtown Zone Districts; that all property being rezoned to one of the new Downtown Zone Districts will be treated alike. Mayor Martin requested that Staff come forward. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that Attorney Rees' comments regarding the work conducted with Staff are appreciated; that Staff has been working on the project through different iterations for one and one half years; that four different plans have been evaluated; that the Applicant was responding to changed circumstances; that in the first case concerning the proposed project, the Applicant was attempting to find a location for the West Coast Symphony site; that although not fruitful, a good faith effort was extended; that he attended the second neighborhood meeting; that the fact the site had been expanded and additional development was proposed beyond the initial offering was made clear at the neighborhood meeting; that the question of entitlement and vested rights begins with the current zoning of the property and the plan designation which existed at the time the application was filed; that the site was designated in the Central City Future Land Use Classification at the time the application was filed in May 2003; that the CCBD Zone District was one but not the only implementing Zone District; that the RMF-3 Zone District is also an implementing Zone District; that no obligation exists to rezone to eliminate the enclave; that no obligation exists to vacate a public street which Staff has concluded is of marginal use; that the public street is still a public asset which will become part of the project if the street vacation is approved. Mr. Hoglund continued that the Commission is being requested to grant something other than to simply approve a project; that one request is to. increase the density for the number of allowable residential units from the current 67 to 374; that the building envelopes needed to accommodate the additional density would also increase; that eight buildings are proposed; that Building 1 is located at the corner of Boulevard of the Arts; that the height of the building would be 77 feet 4 inches; that Building 2 located at Florida Avenue and Boulevard of the Arts would be 118 feet in height; that the Applicant indicated Building 2 would be a little over 100 feet; that the plans indicated 118 feet; that Building 3 would be 104 feet 8 inches in height; that Building 4 which is located on Cocoanut Avenue would be 60 feet 8 inches in height; that Building 5 would be 76 feet 8 inches in height; that Building 6 on Florida Avenue would be 180 feet 2 inches in height; that Building 7 would be 71 feet 8 inches in height; that Building 8 would be 102 feet 10 inches. Mr. Hoglund referred to detailed plans of the buildings displayed on the Chamber monitors; and further stated that on the lower level is the height limit currently imposed on the property, which is 35 feet; that Building 2, located at Boulevard of the Arts and Florida Avenue is proposed at 116 feet 4 inches; that Staff's proposal is buildings be limited to the equivalent of five stories as shown on the plan, or just under 58 feet; that the explanation for the increase given by the Applicant is the Downtown Code allows 14 feet between floor and ceiling; that at this time a building could have 20 feet between floor and ceiling; that the City is establishing a limit sO intermediate floors between floor and ceiling cannot be constructed; that the Downtown Code imposes a new standard which does not exist at this time; that the Downtown Code has been BOOK 58 Page 29446 12/13/04 2:30 P.M. BOOK 58 Page 29447 12/13/04 2:30 P.M. adopted and includes provisions which deal with the interim measure. Mr. Hoglund distributed a copy of the provisions included in Ordinance No. 02-4349, which amended the Future Land Use Chapter and the 2010 Future Land Use Map and Ordinance No. 04-4531, which created four new Downtown Zone Districts to the Commission; and continued that the provisions allow the Applicant to make the application but do not guarantee the outcome of the public hearing. Mr. Hoglund referred to a map of the area displayed on the Chamber monitors; and stated further that a map details some of the existing conditions referenced by Mr. Hess; that the three sites identified in yellow are existing buildings which are tall; that Buildings 1 and 3 are 10 and 11 stories; that both buildings are public housing projects which were constructed 35 years ago; that Building 2 is the first of two towers at the Sarasota Renaissance site; that the second tower scheduled for construction is identified; that both of the towers were part of an overall site development plan to which the Commission devoted considerable time on a number of different occasions to narrow down compatibility issues; that the decision at the time was the height would be allowed for the buildings facing Tamiami Trail; however, buildings along the eastern edge of the site facing Cocoanut Avenue would have a 50 foot restriction; that Ordinance No. 03-4424 was adopted which specified a series of development standards and sets the stage for a gradual step down in height toward the Rosemary District; that the issue is not being mentioned with the intent of being contentious or quarrelsome with the Applicant; that the intent is to ensure the Commission has access to the reason for Staff's position; that Staff's position during the PBLP public hearing may have been unclear; that scale of buildings is one issue of compatibility but is certainly not the only issue; that clearly, buildings which are eight or nine stories next to one and two story buildings is not a compatible situation; that the City's Comprehensive Plan, the standards for rezoning which applied prior to the Downtown Master Plan 2020 was contemplated, and the normal site plan Standards of Review mention the issue of scale, bulk, and height of buildings as compatibility issues. Mr. Hoglund stated that the sites on the map identified in blue are sites in which zoning to the CCBD Zone District were sought and granted with proffers to limit buildings to five stories or less; that in three of the instances, the height restriction was two stories; that one was three stories; that a five story height limitation was imposed on a project located at Lemon Avenue and Fruitville Road; that the City's Comprehensive Plan has 12 Chaptersi; that Staff's findings were affirmative for almost all aspects of the project other than height and compatibility; that Action Strategy 3.3, Future Land Use Chapter, of the City's Comprehensive Plan, indicates during reviews of rezonings should ensure the: proposed use (s), intensity, density, scale, building size, mass, bulk, height, and orientation, lot size/configuration, architecture are used to determine whether the proposed development is compatible with surrounding uses and the intensity, density, and scale of surrounding development. Mr. Hoglund continued that Section IV-1106, Zoning Code (2002 Ed.), lists a series of criteria for rezoning a property which predate the Downtown Code; that Criteria 12 reiterates the issue of scale by indicating: The Planning Board and City Commission shall consider whether the change suggested is out of scale with the needs of the neighborhood or the City. Mr. Hoglund further stated that the theme is restated under the site plan review criteria; that Criteria 4 indicates: Whether there are ways in which the configuration of the development, intensity, scale, building mass, height and bulk can be changed which would mitigate or improve the effect of the development on adjoining and nearby properties and on the community. Mr. Hoglund stated further that Staff made a conscious decision as to whether the scale of the project is compatible with the surrounding area; that from the beginning Staff found the proposed density of the project an attractive feature; that more housing close to the Downtown in addition to being affordable is the desire; that one of the clearly identified goals of the Downtown Master Plan 2020 is to have people live close to the Downtown; that Staff did not focus on income levels as much as the fact the development would provide more housing; that 300 additional units allowed under the CCBD Zone District was considered a benefit; that the manner in which the units are arranged and configured on the site is the concerni that Staff's BOOK 58 Page 29448 12/13/04 2:30 P.M. BOOK 58 Page 29449 12/13/04 2:30 P.M. contention is the project could be built with all of the components of the site plan with buildings which are five stories or less; that Peter Calthorpe, author of the Next American Metropolis, discusses the issue of density and size of buildings, etc.; that the book discusses apartment buildings up to three stories which provide densities of 35 to 50 dwelling units per acre; that the book by Peter Katz, the New Urbanism Towards an Architecture of Community, provides illustrations of projects which were used as the basis of a redevelopment project in a west coast community; that a 65 foot height limit is specified for residential mixed-use projects with densities of up to 50 units per acre; that the proposed project can be constructed in such a manneri that the proposed site plan does not recognize the possibility and takes a different approach; that Staff's position is the issue of height of the building in relation to density is a matter of choice on the part of the developer rather necessity. Mr. Hoglund stated that discussion of the new Downtown Code was avoided in the Staff Report; that the Downtown Master Plan 2020 was referenced as a support document of the City's Comprehensive Plan since the Downtown Master Plan 2020 has been incorporated into the City's Comprehensive Plan; that the reference made earlier to the Downtown Code regarding height allowances fails to note a series of other development standards which would also be invoked once the Downtown Code is in place; that some of the standards are met with the project; however, others are not; that an example is the 12 foot step back required above the fourth floor; that the buildings in the proposed project do not indicate a 12 foot step back; that a requirement also exists in which the first 20 feet of buildings must be occupied space; that the proposed plans indicate two buildings which have visible parking above the first floor. Mr. Hoglund referred to the site plan of the proposed project displayed on the Chamber monitors; and continued that the plans for Building 7 on Florida Avenue indicate a parking structure above the first floor which would be visible to the eye; that the parking structure is slightly recessed but is still visible; that the project has been evaluated in terms of the CCBD Zone District standards which existed, the standards for rezoning based on the City's Comprehensive Plan and the section of the Zoning Code (2002 Ed.) concerning rezonings and site plan approval, which was the basis for Staff's recommendation. Commissioner Bilyeu asked for clarification regarding the building height. Mr. Hoglund stated that some illustrations were shown in which the buildings were configured with 14 feet from floor and ceiling; that the Downtown Code actually places a restriction on floor to ceiling height which does not presently exist; that building to any height between floor and ceiling is allowed at this time. Commissioner Bilyeu asked if Staff's concern is the height of the buildings? Mr. Hoglund state yes; that the concern was made evident in the Staff Report; that the illustration previous shown indicates buildings which are tall in the vicinity; that the buildings are generally west of Cocoanut Avenue; that everything east of the site whether by proffer or not is currently limited to three or four stories in height; that the illustration indicates requests in which a proffer was made to limit height. Commissioner Bilyeu stated that 80 feet in height will be allowed once the Downtown Code is implemented. Mr. Hoglund stated that up to 90 feet would be allowed if the Developer were to building 14 feet between floors. Commissioner Bilyeu stated that Andres Duany, Principal, FAIA, Duany Plater-Zyberk and Company (DPZ), advocated placing smaller buildings close to the water with a step up to taller buildings; that the City has many tall buildings along the waterfront. Mr. Hoglund stated that DPZ indicated the 18 story limitation should be imposed along the waterfront since the City already has many tall buildings along the waterfront; that the height should step down moving inland. Commissioner Bilyeu stated that the Rosemary District was supposed to complement and become a part of Downtown rather than be separate; that buildings up to 50 to 80 feet in height could be constructed east of the proposed site along Central Avenue. Mr. Hoglund stated that many different methods exist to evaluate the situation; that Staff has discussed the different methods at length; that Staff believed the issue concerning height could not be ignored; that the buildings are considerably taller than anything approved in the vicinity. BOOK 58 Page 29450 12/13/04 2:30 P.M. BOOK 58 Page 29451 12/13/04 2:30 P.M. Commissioner Bilyeu stated that the City is taking new approaches at this time. Commissioner Palmer asked for clarification regarding the requirements of historic preservation and if Staff could submit for the record the information concerning historic preservation? Mr. Hoglund stated that the normal practice is to not include conditions which are already covered by other requirements; that two of the buildings are historically designated; therefore, a Certificate of Appropriateness, and approval by the Historic Preservation Board would be required to move or demolish the buildings; that up to a one year stay to resolve the details is allowed; that in most other instances, one year has been an adequate amount of time to determine if someone is ready to move the buildings; that he has been made aware of a couple of people who have expressed interest in the buildings; however, a firm offer has not come forward; that the third building is a Florida master site file building which was included in the inventory performed in 2003; that the consultant's assessment at the time was the building was not eligible for either local or national recognition and was simply an old building; that since the time he has learned the building has an interesting history which would not be known to someone performing a simple survey; that he is confident the issue can clearly be resolved by an applicant who is acting in good faith by agreeing to work with anyone desiring to move the buildings off the property. Commissioner Palmer asked if Staff sees a need for any additional condition? Mr. Hoglund stated that an additional condition would be the decision of the Commission; that the third building is subject to a 45 day stay; that in many instances, 45 days is not sufficient to work out details of moving a building; that a building can be moved quickly if someone indicates interest; that publicizing is the first step. Commissioner Palmer asked for clarification regarding the 45 day time limit. Mr. Hoglund stated that the 45 days applies from the time of application for a demolition permit, which could take some time; that draft language regarding the historic buildings can be suggested later if the Commission desires. Commissioner Atkins stated that the Mission Harbor project across from Cocoanut Avenue was supported since the thought was the City needed the project in the area; that a relocation plan was developed for the person who lived in the duplex on the west side of Cocoanut Avenue; and asked if the Zoning Code (2002 Ed.) includes any provisions for assisting tenants with relocation? Mr. Hoglund stated that the City's Comprehensive Plan addresses the issue in instances in which public housing exists or the public is involved in the project; that Action Strategy 4.9, Housing Chapter, of the City's Comprehensive Plan, concerning Relocation assistance for public programs and projects indicates: the City shall follow the US Department of Housing and Urban Development (HUD) standards for relocation assistance Mr. Hoglund continued that discussions took place with Donald Hadsell, Director of Housing and Community Development, in anticipation of the question; that Mr. Hadsell had no suggestions; that a relocation plan can be developed; that the Commission can express the desired outcome. Commissioner Bilyeu asked if the proposed project is in the Community Redevelopment Area? Mr. Hoglund stated yes. Commissioner Bilyeu stated that the belief is relocation assistance is available if housing in the Community Redevelopment Area is being dispersed. Mr. Hoglund stated that he is not aware of the relocation assistance. City Attorney Fournier stated that relocation assistance is available if Tax Increment Financing (TIF) funds are being used. The following interested persons came forward. Christopher Wenzel 513 Central Avenue (34236), stated that two of the buildings on the subject property are historically designated locally; that the buildings were moved to the property; that the understanding was the property was purchased from the City in 1985 for the express purpose of locating the BOOK 58 Page 29452 12/13/04 2:30 P.M. BOOK 58 Page 29453 12/13/04 2:30 P.M. buildings in the area; that the intent was to make the Commission aware of the effort to conserve the properties in the past; that the third building is actually historically designated; that the Zoning Code (2002 Ed.) calls for not only designation of historic structures and archeological sites but also specifically mentions districts; that some years ago he personally worked with former Mayor Carolyn Mason to establish the Overtown Historic District; that the building is a contributing structure and is historically designated; that the building is clearly in violation under Section IV-818, Demolition by Neglect, Zoning Code (2002 Ed.); that evidently, the City is making no efforts to enforce the regulation. Thomas Price, 1814 Caribbean Drive (34231), stated that the two issues before the Commission are historic preservation and affordable housing; that the Luke Wood House and the Crocker Church must be preserved; that he was happy to hear Mr. Morehead is serious regarding affordable housing; that the PBLP public hearing was attended at the time Mr. Morehead suggested incorporating workforce housing into the project; that $250,000 is not considered affordable; that $175,000 is considered more affordable; that he observed people requesting affordable housing in the City at the PBLP public hearing for an hour; that the people could not find or afford a place to live; that an attorney indicated a home in the City could not be personally afforded; that people are purchasing homes in Charlotte County and Manatee County; that the City is losing bright, young and professional people; that the Downtown Master Plan 2020 must provide for a percentage of affordable housing in the Downtown; that Mr. Morehead was kind and generous to provide 20 percent of the proposed project as workforce housing, which is a good start; that the situation is considered a crisis; that he has a real estate listing sheet from his neighborhood, which is in Palmer Ranch; that some rental units were sold as condominiums last week; that over 200 units were sold in less than four and one half hours; that he was contemplating purchasing one of the units but was informed the units were all sold, which provides an indication of the housing crisis; that the City Attorney indicated the workforce housing should be owner occupied, which is considered appropriate. Robert Horne, 600 Central Avenue (34236), stated that he is speaking in support of the proposed project; that the proposed project is considered viable; that he has been working in the Rosemary District for the last 20 years; that he has owned a restaurant in the Rosemary District for several yearsi that he has observed the change in the Rosemary District; that the area is coming back after bottoming out; that the proposed project brings something above and beyond affordable housing such as the public park areas within the project, the water fountains and other amenities; that such amenities make a neighborhood viable and livable; that one or two restaurants in an area find survival difficult; that more people are attracted to an area if many restaurants are available which is the case with all businesses; that businesses tend to assist each other; that the merchants in the Rosemary District will display Christmas decorations and will have an evening celebration inviting people to visit; that everyone is striving to improve the neighborhood; that several years ago, a street festival was held; that the festival was successful and attended by many people; that the proposed project will help the neighborhood grow; that criminals move in if a neighborhood bottoms out; that the criminals will move out if law abiding, hard working people move into the neighborhood; that the proposed project will assist the Rosemary District; that the proposed project is supported; that he will assist in moving the project forward in any manner possible. Jon Susce, 2568, Tenth Street (34237), stated that he would like to ask the City Manager if anyone contacted him regarding scheduling of the public hearing? Mayor Martin stated that the question should be posed to the Mayor. Mr. Susce stated that a question is if the City Manager has had contact with someone regarding a request to move the discussion of the proposed project to the December 13, 2004, meeting? Commissioner Palmer asked the relevance of the question? Mr. Susce stated that the issue does not concern height; that the issue is affordable housing; and read from a 1986 Ordinance: Provide for the development of affordable housing, state the reasons for not addressing the plan for the development of affordable housing Mr. Susce continued that a question has been raised as to the cost of affordable housing, i.e., $175,000 or $200,000; that the problem is if the issue concerning affordable housing was addressed back in 1986, the question would not be raised this evening; that discussions of the proposed project should not BOOK 58 Page 29454 12/13/04 2:30 P.M. BOOK 58 Page 29455 12/13/04 2:30 P.M. continue; that he just spoke with the people who live in the area and who will be displaced; that City Attorney Fournier indicated Chapter 163.362, Florida Statutes, includes the following language: provide assurances that there will be replacement housing for the relocation of persons temporarily displaced from housing facilities within the Community Redevelopment Area. Mr. Susce further stated that the Florida Statute applies to the proposed project; that Mr. Morehead indicated no attempts were made to offer any type of relocation to the tenants; however, proper notification will be provided; that the City must provide for affordable housing in the area; that the idea of having 20 percent of the proposed project as affordable housing at $175,000 to $250,000 is out of the question; and quoted the following from Volume 77:019, Washington Law Review, (2002), of the University of Washington School of Law: A corporate welfare that principally benefits developers who argue that it pay for improvements of the residents of slum and blighted areas but in reality has been used primarily to gentrify low income neighborhoods displacing existing neighborhoods Mr. Susce quoted the following from a Sarasota Herald-Tribune editorial by Waldo Proffitt: It's a scam, a shell game, played with public money for the benefit of a select group of property owners who have been able to persuade City officials of the merits of their particular pet projects. Mr. Susce stated that the City Attorney should contact the Boston Redevelopment Authority (BRA) i that the BRA can provide a relocation plan for people being displaced through development. Ed James, P.O. Box 160 (34230), stated that the devil is not smart since he is the devil; that the devil is smart since he is old; that in 1979 a former City Commission, on which Commissioner Palmer sat, refused to recognize the right of black citizens to have a fair election in the City; that he filed a lawsuit against the City claiming discrimination in the City's election process; that the lawsuit progressed through the court system for approximately three years to 1982; that following the lawsuit Commissioner Atkins was elected and subsequently became the City's first black Mayor; that the proposed project is about everyone being equal rather than some being more equal than others; that Planning and Redevelopment Staff indicated another applicant had filed a plan; that Staff did not support the plan; however, the indication was the individual had a right to file the application and the application would be considered; that some individuals appear more equal than others, which is interesting; that the Commission is requested to treat everyone fairly; that another Commission, not too long ago, at the time of the Sarasota Renaissance development, referred to the houses on Florida Avenue as slums; that the Commission at the time desired to do away with the homes sO the people in the Renaissance would not have to see the homes; that being old is hard since issues of contention can be recalled; that the Commission has the opportunity this evening to do the right thing; that buildings can be constructed to 92 feet in height under the CCBD Zone District; that City Attorney Fournier represented the City regarding his lawsuit; that the lawsuit was won in Federal Court, which resulted in diversity on the Commission; that Commissioner Palmer was on the Commission and decided to fight against his lawsuit; however, the lawsuit was won. Mayor Martin stated that the great victory is recognized; however, the indication race or racism may be involved in the public hearing is a concern. Mr. James stated that the present Commission was not involved; that the City has a documented history of treating some more equal than others; that the present Commission has not shown the tendency; that a question is if the desire is to have him say the City has a racist background? Mayor Martin stated no; that the comments are not relevant to the subject being addressed at this time; that Mr. James is respected; however, the comments should end. Mr. James stated that he is preparing to get out of the chair; that Commissioner Palmer is aware of another time he could not get out of the chair. Mayor Martin called for order and for the public hearing to progress. BOOK 58 Page 29456 12/13/04 2:30 P.M. BOOK 58 Page 29457 12/13/04 2:30 P.M. City Manager McNees stated that he takes great personal exception on behalf of the professional City Staff; that a direct accusation has been made the professional recommendations by the Planning and Redevelopment Staff are being influenced by race and Mr. Morehead is somehow being treated differently than Michael Saunders who is the other not sO indirect reference; that Ms. Saunders' right to submit an application is exactly the same as Mr. Morehead's; that the applications have been considered in precisely the same manner; that Staff's professional recommendation has been made based on professional training and on the City's codes; that he takes great and strong personal exception to the accusation Staff's professional recommendations have been influenced by race in the particular situation. Mr. James stated that some of his best friends are planners. Arnold Berns, P.O. Box 20589 (34276), representing the Historical Society of Sarasota County, stated that the members of the Commission are thanked for allowing him to speak; that he is President of the Historical Society of Sarasota County; that the subject of the history of Sarasota and the Historical Society of Sarasota County is important; that the proposed project does not address two of the most historically important buildings in Sarasota which are located within the proposed project area on Florida Avenue directly across the street from the Rosemary Cemetery; that both of the buildings are locally designated by the City; that the history of the buildings will be provided; and quoted a prepared letter as follows: The Crocker Church was named from Peter Crocker who with his wife and daughter moved to Sarasota in the 1870s, had built a house on Bay Street, the west extension of Bee Ridge Road in the 1890s. In 1901, the Florida Mortgage and Investment Company sold two acres to the trustees of St. John's Chapel Church. It was to be used for church residence and cemetery. The church came to be known as the Crocker Church. Apparently, the congregation, never very large, dissipated after Crocker's death in 1911. In 1927 the Bay Haven Baptist Church moved the building to their land on Old Bradenton Road. After the church outgrew the structure and no one could use it, it was moved to the present site on Florida Avenue. The Luke Wood House, is believed to be the oldest standing structure in Sarasota at this present time. The House was built around 1884 by Alfred Bidwell who had a general store in the Sarasota community south of Hudson Bayou. Luke and Andy Wood purchased the house in 1896 and were winter residents until their deaths. Their daughter Ethel continued there until her death. Several years later the new owner of the property offered it to the historical society. The society moved it to the corner of Hatton Street and Euclid Avenue in 1977 and opened it as an historical museum. The museum was closed since they could no longer afford to finance it. Someone, sometime in the 1980s, moved the building to its present site on Florida Avenue. Mr. Berns continued that the favorable actions of the Commission in the past such as restoration of the Lido Pool and the preservation of Sarasota High School are known; that the Commission is requested not to falter; that the Historical Society of Sarasota County implores the Commission to keep moving forward toward the future while being aware of Sarasota's past; that the Historical Society of Sarasota County would not mind having their old building back; and referred to a cartoon in the December 12, 2004, Sarasota Herald-Tribune displayed on the Chamber monitors as follows: Visitors and new residents info: One darn good reason why Sarasota'needs their own historical museum. Visiting Couple: We are interested in seeing some significant artifacts from Sarasota's past that contributed to her colorful legacy. Visitor's Guide: Well, I believe I may have an old early bird special taped to my refrigerator. Mr. Berns referred to pictures personally taken of cities in Florida displayed on the Chamber monitors and further stated that the cities all have their own historical society, buildings and museums. John Scheintel, 446 Violet Avenue (34233), owner of Rosemary Court and 800 block of Central Avenue, stated that the proposed project is supported; that Rosemary District presently has an overabundance of social service agencies; that the neighborhood needs the proposed project; that the varied building heights above and below the maximum allowable height are preferred to a BOOK 58 Page 29458 12/13/04 2:30 P.M. BOOK 58 Page 29459 12/13/04 2:30 P.M. single maximum roof line four blocks long; that the mix of retail, commercial and residential units is pleasing; that the proposed condominium prices which are designated for people in the workforce are pleasing; that the units are not considered affordable; that the developer should be allowed to receive market value for each of the units if the market values can be kept down by increasing the density or shrinking the square footage of the units; that the only reservation concerns the historic structures on the property which are the Luke Wood House and the Crocker Church; that the structures have been moved two times previously; that the structures have found a home on the property; that many people are concerned with saving the structures; that ideally, the structures should be incorporated into the site plan; that if not possible, the structures should be moved; that preservation of the structures should be a condition of approval of the proposed project; that one option heard is to move the houses to the stottlenyer/schumcher Cox Lumber property, purchased by Harvey Vengroff; that Mr. Vengroff has come to the rescue of Harold Wyland's boxing club and has rescued the John and Mable Ringling personal railroad car; that Mr. Vengroff has offered to save the structures and should be commended for his efforts; that the mixed-use project is beautifully designed and will be a great addition to the Rosemary District; that being a neighbor of the proposed project is favorably anticipated. Rhonda Cesario, 4219 Royal Palm Drive, Bradenton (34210), stated that the proposed project is exciting; that the belief is the proposed project will be a positive move for the community due to the incorporation of workforce housing; that devoting 20 percent of the project to worktorce housing is a consideration which should be taken seriously; that the proposed project will provide vibrancy in the Downtown and will bring young families close to the City's Cultural District; that she works at the Greater Sarasota Chamber of Commerce but is speaking on her own behalf; that telephone calls are received from young protessionals desiring to relocate to Sarasota; that having the ability to inform young professionals of the availability of affordable housing would be pleasing; that some new members of the Greater Sarasota Chamber of Commerce who are working in the Rosemary District have indicated the proposed project is exciting; that businesses support other businesses and commercei that the proposed project is supported. Carl Meyer, 5110 Brywill Circle (34234), stated that he is speaking as a concerned citizen and not as a representative of the Historic Preservation Board; that unfortunately, the Historic Preservation Board has not had an opportunity to develop a position since the regular meeting is scheduled for December 14, 2004; that the citizens of the City are both caretakers and gatekeepers of Sarasota's historic resources which is the reason he has come to speak; that the PBLP's lack of comprehension of the historic preservation ramifications regarding the project is appalling; that the Developers must have been aware the property is the result of encumbered at the time the of acquisition; that the present location of the Luke Wood House on the property was the second time the structure has been moved in an effort to preserve the house; that the Crocker Church has also been moved twice in an effort to preserve the structure; that the appearance is the Developer is being allowed to shirk any responsibility for the buildings by indicating the buildings will be donated to anyone who is willing to move the structures from the property, which is considered totally wrongi that a question is the reason the historic significance. of the three structures on the site has not been raised earlier; that he has been informed the proposed project has been in different stages of dialog in the Planning and Redevelopment Department for approximately the past 12 months. Mr. Meyer continued that a review of the minutes of the Historic Preservation Board indicates the historic ramifications of the proposed project: were never brought to the Historic Preservation Board nor did the PBLP seek any comment from the Historic Preservation Board; that the PBLP totally relied on the Historic Preservation Chapter in the City's Comprehensive Plan analysis which unfortunately was extremely abbreviated; that halting the project from moving forward is not the intent; that the project provides benefits to the Cityi that the request is the project be remanded back to the PBLP for further study; that the Developer should be required to provide a reasonable and suitable solution to the historic preservation of the valuable resourcesi that a question is the reason the City should be required to find a philanthropist interested in historic preservation who will purchase land and pay to move a minimum of two of the three structures; that preservation of the structures should be the responsibility of the Developer; that the Developer should be commended for the proposal regarding workforce housing; however, assurances no longer suffice; that some guarantees should be built into the proposal in some manner. BOOK 58 Page 29460 12/13/04 2:30 P.M. BOOK 58 Page 29461 12/13/04 2:30 P.M. Burton Wolfe, 838 North Tamiami Trail (34236), stated that he is Executive Director of the Players Theatre; that more drama is being observed in the Chambers than at the Players Theatre; that Mr. Morehead personally indicating support for the Players Theatre regarding any additional parking which can be provided theater patrons and an ability to ascertain the number of parking spaces as the project develops and is approved. Mr. Wolfe continued that the Players Theatre has 75 years of history and relies on the participation of volunteers and people of various economic levels; that the people who will purchase the condominiums are exactly the type desired as volunteers and participants; that the Players Theatre offers ticket prices at $19.00 each; that people who will live in the condominium units of the proposed project will be able to afford to purchase the tickets; that the Players Theatre supports the proposed project. Ian Black, 14197 Fifth Street (34236), stated that he is an adjoining property owner of the proposed project; that he is one of the owners of 741 Central Avenue, currently occupied by Home Resource; that the property was purchased approximately six years ago after visiting the Rosemary District in the dark of night one December evening to attend an art opening; that the belief was the Rosemary District was an undiscovered part of the Downtown; that the desire was to invest in the area; that three months later, 741 Central Avenue was purchased; that the property has been a labor of love since the time; that the property has been improved into a state-of-the-art home furniture store; that he has come before the Commission on a number of occasions speaking to the issue regarding the incursion of social services into the area; that the concentration of social services bring negativity to the area; that the intent is to make the area a livable, workable neighborhood; that he spends as much time in the neighborhood as in his home since his offices are on Fifth Street; that the Commission should give the proposed project serious and favorable consideration. Mr. Black continued that he is Chair of the Policy Committee of the Downtown Partnership; that the committee will be meeting with the Commission the afternoon of December 14, 2004, to present a position paper which outlines specifics concerning price points and restricting purchasers to avoid investor driven projects; that Mr. Morehead must ensure the people purchasing the units will be living in the units 24 hours per day, seven days per week, to ensure the success of his project; that the people living in the units are necessary to support the 80,000 square feet of commercial and office units; that Mr. Morehead is likely sufficiently savvy to understand the marketing concept; that other references to affordability have been made; that the Sarasota Housing Authority (SHA) has approximately 80 units which have been languishing in disrepair on Cohen Way for the last five years; that 12 of the units are about to come into service; that the lack of affordable units is an issue constantly raised; that another 68 units exist which the SHA has not brought back into the inventory over the last five years; that the units would be on the market at approximately $80,000; that the reason the units are not being used to facilitate the people who may be displaced from the proposed project is not understood; that the situation should be reviewed by the Commission; that the units will serve the community if in service. rather than being vacant and in disrepair. Vicki Oldham, 5522 Forester Pond Avenue (34243), stated that she is a journalist; that she feels compelled to come before the Commission to voice her strong support for the proposed project; that the possibility of purchasing an affordable place to live Downtown in a central location in the City in which she works and plays is exciting; that she did not think the situation was possible; that she was beginning to feel priced out of paradise and shut out of the place in which she has spent practically all of her professional career and a place in which she has served as."a role model for sO many young people; that she searched for places to purchase in the City; that few choices which would meet her needs were available; that the thought was living in one of the new Downtown developments was out of the question; that having to commute to the City from Ellenton, Parrish, Riverview, or even Apollo Beach was the expectation until stories were followed regarding the proposed project called CityPointe; that she is interested in purchasing one of the units; that she desires to continue to practice her craft in the Cityi that she desires to continue to serve the community in which she lives; that she has waited for the little town to grow up in sO many ways; that the little town which she would like to enjoy is changing. Ms. Oldham continued that sweat and equity has been invested in the community; that she should be able to enjoy the fruits of her labor; that the Commission is requested to consider Mr. Morehead's project and other similar projects as a means to keep energetic, bright, and creative talent with fresh ideas in the City rather than losing people to Tampa or out of the area BOOK 58 Page 29462 12/13/04 2:30 P.M. BOOK 58 Page 29463 12/13/04 2:30 P.M. altogether; that she has considered moving to Tampa or out of the area; that she discovered she has much more to say and do in the community; that she has many more stories about the community to tell; that Mr. Morehead has much more to offer Sarasota than a building Downtown; that the belief is Mr. Morehead will contribute to the community; that Mr. Morehead has already contributed to the community in ways likely not yet understood; that Mr. Morehead will be a role model to young entrepreneurs and students who need to see more successful people with higher visibility who look just like him; that thanks are expressed to Mr. Morehead and his team for keeping the affordable housing issue in the forefront, in the newspaper, and on television; that the Commission and the public may not be engaged in such a lively conversation if not for Mr. Morehead. Dorothy Watson, 7335 St. George's Way (34201), stated that becoming more aware of affording housing in the City was the reason she attended the PBLP public hearings; that other people testifying shared her feelings concerning the serious need for affordable housing in Sarasota; that most of the people testifying were young people who work in the area; that some were professionals and some were not; that the young people indicated the desire to live in the area; that the young people are working in the area but must live far awayi that she is a retired diplomat; that the same problem is felt since she must travel sO far for all the activities in which she is engaged in the City; that she would love to live and play in the City and be Close to everything; that the day ends at dark for individuals living far from the Cityi that walks can be taken Downtown and the local businesses can be enjoyed if living in the Downtown, which is extremely personally appealing; that Mr. Morehead is commended for efforts extended in the economic integration of his projection; that too many people cannot afford houses in the Downtown; that Mr. Morehead is bringing a new idea to Sarasota which should be embraced; that the hope is the Commission shares her feelings; that the City needs and must have the proposed project. Rebecca Proctor, 6629 Colonial Drive (34232), stated that the proposed project and affordable housing are supported; that she is an attorney practicing law in the Downtown; that she would like to live and work in the Downtown; that she would like to enjoy the benefits of the theater, shopping and the ballet; that although she is a professional, she cannot afford to live Downtown; that she has been searching for property in the Downtown due to the desire to live in the area; that at least $500,000 is necessary to afford a home which meets her needs in the Downtown; that she cannot afford to pay $500,000 as a single individual; that many people are in her situation; that available housing for working people would also support the City's local businesses; that the workers would spend their discretionary dollars in the City's local businesses; that the belief is a healthy community should have a full range of housing rather than only housing for the elite or the wealthy. Ms. Proctor continued that the Downtown law firm for which she works supports approximately 30 employees; that she has worked for the law firm for three years; that the firm has experienced significant employee turnover since the individuals cannot afford to live close by; that the individuals live in Venice and Bradenton, Florida, as well as Charlotte County; that a job was taken in the City since the pay scale is better than in other areas; that commuting all the way to the City has caused family problems in some instances or simply takes too much time causing the individuals to resign from the law firm; that Sarasota is a City which has many varied opportunities; however, supporting persons on a more modest income is necessary that affordable housing must be available SO people can live and work in Sarasota. Bill Hill, 2700 Orange Avenue (34242), stated that he has an interest in the revitalization of North Sarasota; that he is requesting the Commission be an advocate of and approve the proposed project; that the reason Staff struggled with the proposed project is the proposed project is outside of the paradigm to which people have grown accustom; that the City's policies are part of the reason for the dislocation and disintegration of north Sarasota over the years; that the Commission has an opportunity to provide support for the innovation of Mr. Morehead and to acknowledge the wisdom of the community; that the community understands the proposed project is right for north Sarasota; that the proposed project is right for the Rosemary District; that the proposed project is the necessary revitalization requested by everyonei that the proposed project is an economic engine; that Mr. Morehead has determined he can cross-subsidize and, on his own initiative and entrepreneursnip, provide some affordable, workforce housing necessary for the young middle class people; that the middle class anchors communities; that the middle class anchors the community today and is also the future of Sarasota; that the City will deteriorate over time if a way to include middle class people is not identified; that the Commission is requested to BOOK 58 Page 29464 12/13/04 2:30 P.M. BOOK 58 Page 29465 12/13/04 2:30 P.M. acknowledge the wisdom of the community; that the Commission should consider the reason sO much community support for the proposed project exists; that the Commission is requested not only to approve the proposed project but is also requested to ask Staff to find innovative ways to help Mr. Morehead sO the proposed project will be successful. Elizabeth Kipta, 148 Cleveland Drive (34236), stated that she is a realtor in Sarasota; that she is sharing some statistics the Commission will likely find interesting; that many of her clients would love to live Downtown; that the clients unfortunately cannot afford to live Downtown; that in one area of the Downtown, six listings are currently available under $400,000; that one of the listings is at $250,000; that the average is $355,000; that she reviewed the listings between $400,000 and $1 million; that the number of listings currently available is 88; that 111 listings are currently available in the over $1 million area; that 55 percent of the listings Downtown are over $1 million; that 65 percent of the available housing Downtown would fall under $400,000 with 13 percent falling under $250,000, if the project is approved at the proposed height and density and the sales prices range between $180,000 and $375,000, with 20 percent of the units falling below the $250,000 rangei that moving forward with the project is supported; that her job would be easier. Mayor Martin expressed thanks for the analysis and stated that the information is interesting. Reverend Don Jackson, 800 Cocoanut Avenue (34236), stated that he is the Senior Minister of Unity Church of Sarasota; that the facility was sold to Mr. Morehead; that he has dealt with Mr. Morehead for a couple of years; that he is extremely impressed with Mr. Morehead; that Mr. Morehead is a man of integrity; that he is extremely impressed with Mr. Morehead's project; that he has followed the project since its inception; that he is convinced the proposed project is the best thing for the Rosemary District and for Sarasota; that he recommends the Commission approve the project and provide support to Mr. Morehead; that the opportunity for the Rosemary District is fabulous; that a question is who owns the Crocker Church and the Luke Wood House; that pleas for historical facilities have been heard; that he supports protection of historical sites; however, the individuals funding the historical structures is questioned as well as who is responsible for repair and maintenance; that perhaps Father Nilon can provide answers to the questions. Craig Colburn, Jr., Attorney, Norton, Hammersley, Lopez and Skokos, PA, 1819 Main Street (34236), distributed and referred to prepared remarks regarding the Portofino/CityPointe Project as well as photographs of buildings in the area surrounding the proposed project site displayed on the Chamber monitors and stated that he has come before the Commission as a concerned business person who chooses to practice law on Main Street in Sarasota; that the Commission is urged to follow the Zoning Code (2002 Ed.) and to approve the project without delay; that the Commission is also requested to reflect back on the testimony before the PBLP of Amy Alexander, Jason Thompson, and Christian Nichols, who could not be present at this time; that the Staff Report for the proposed project has, been reviewed; that after reviewing Staff's comments, of which only two were negative, a decision was made to tour the neighborhood; that the photographs of buildings in the surrounding area of the proposed project provide evidence of the compatibility of the project; that the surrounding existing land uses contain mixed uses of high density, residential, arts, government, industrial, educational, institutional and commercial; that a fair amount of urban blight exists in the area as well; that the McCown Tower is located immediately south of the project and is across from Boulevard of the Arts; that 11 stories were counted at the facility; that the property immediately to the west on Cocoanut Avenue is the 17 story Renaissance of Sarasota tower; that immediately north is the 18 story Alinari Tower. Attorney Colburn continued that Eurther north is the Players Theatre and the 10 story Jefferson Center Building; that more industrial buildings are located on Tenth Street; that a yellow metal industrial shed exists immediately north across Tenth Street; that further east along Tenth Street, land uses change from high density high rise buildings, to more industrial buildings such as boat repair facilities and the ever present cement truck facility; that traveling south to Florida Avenue, several industrial uses are present; that dumpsters line Florida Avenue; that the above ground storage tanks resting on the ground are a nice feature for the neighborhood; that industrial and commercial uses continue southward; that a cemetery and a Charter School are also located across from the property; that most of the back sides of the buildings on Florida Avenue face the site which is important to consider with regard to compatibility; that imagining a use which would not be compatible with the proposed project is difficult; that the BOOK 58 Page 29466 12/13/04 2:30 P.M. BOOK 58 Page 29467 12/13/04 2:30 P.M. Commission is requested to reflect upon the surrounding area especially considering Staff's only concern was regarding to compatibility; that the Commission is urged to approve the proposed project. The Commission recessed at 8:35 p.m. and reconvened at 8:48 p.m. H. Michael Bush, 8552 Woodlawn Drive (34238), stated that he is the co-owner of Home Resource which is located at 741 Central Avenue; that the proposed project is actually behind his property; that the proposed project is supported and endorsed; that the hope is the Commission is pleased with the proposed project; that having such a project in the Rosemary District is exciting; that small shops are opening in the Rosemary District; that Mr. Morehead's project will bring 88,000 square feet of commercial and retail space, which is phenomenal; that Mr. Morehead is commended for the offer of 20 percent of his units as affordable or workforce housing; that three of his key employees live in Port Charlotte based on necessity; that the workforce housing provides an opportunity for people working in the Downtown to improve their quality of life without changing cost of living; that the proposed project is fully endorsed; that the hope is the Commission will endorse the project. Father Jim Nilon, 881 Florida Avenue (34236), representing Throne of Grace Ministry, stated that he and his wife believe in Mr. Morehead's project; that the Rosemary District needs the proposed project; that one concern was the preservation of the historic buildings; that the structures are important and special; that Mr. Morehead provided assurance the structures would be relocated; that attempts have been made to explore various avenues such as using the structures for a church; however, operating limitations exist for churches; that discussions are being held with three potential parties regarding relocation of the structures; that he and his wife met with Mr. Morehead yesterday; that Mr. Morehead indicated flexibility concerning relocation of the structures; that he and his wife desire preservation of the structures; that the three locations being contemplated for relocation are within the City. Mayor Martin asked who owns the structures? Father Nilon stated that the structures are owned by him and his wife and not the church; that the property was purchased through the formation of a Florida Corporation. Mayor Martin stated that Mr. Morehead indicated flexibility regarding relocation of the structures would be afforded; and asked if the Elexibility afforded is from the perspective of the timeline? Father Nilon stated yes; that Mr. Morehead indicated sufficient time would be allowed to relocate the structures. Diana Hamilton, 533 Osprey Avenue (34236), stated that she has come to the public hearing due to a basic interest in affordable housing; that Mr. Morehead has been kind to offer 74 units in the proposed project as affordable housing; that while doing her laundry, she encountered a woman who is now able to purchase a home; that the woman informed her of all the programs available for first time homebuyers; that the manner in which to determine if housing is affordable is of interest; that President George W. Bush has a plan; that the plan involves a mortgage maximum for affordable housing which is $140,000; that the Acorn Group and the Bank of America offer loans for affordable housing; that the mortgage maximum is $200,000 with an income maximum of $42,900 annually sO the belief must be someone making $42,900 can afford a $200,000 mortgage; that the woman received down payment assistant; that someone will have to make approximately $75,000 annually to afford Mr. Morehead's workforce housing units which will be priced at $250,000; that an income criteria can be created for the homes; that down payment assistance can be provided for some of the people through contributions made through participation in the density bonuses of the Downtown Residential Overlay District (DROD); ; that people receiving down payment assistance are agreeing to keep the housing for a particular period of time; that finding a place to live at $250,000 is difficult; that imposing an income criteria would avoid an investor's attempting to turn the property over; that 74 people within the imposed income criteria would be lined up at the time of offering to sign a contract and purchase one of the affordable units; that the proposed height of the buildings is lower than allowed; that a compatibility issue regarding height does not exist. Ms. Hamilton continued that the historic structures have been moved several times; that she knew Veronica Morgan who moved the structures in 1985; that the historic structures will be moved again; that a place will be found for the structures; that significant support for the proposed project has been indicated during the public hearing; that the Commission should support the proposed project and allow the project to move forward; that BOOK 58 Page 29468 12/13/04 2:30 P.M. BOOK 58 Page 29469 12/13/04 2:30 P.M. 74 deserving people will be able to purchase the affordable housing units. David Jennings, 436 Woodland Drive (34234), stated that he is a 13 year resident of north Sarasota, a licensed real estate broker, and the current President of the Sarasota Alliance for Historic Preservation, which is a volunteer organization committed to preserving and enhancing Sarasota's local historic landmarks; that personally, he is not against Mr. Morehead's planned development; that he has already participated in sales transactions in the immediate area which came about in anticipation of some form of redevelopment on the property; that as a result, he has profited more from the proposed project than Mr. Morehead; that until this evening, a total lack of public dialog by the PBLP regarding the two historically designated structures, the Luke Wood House and Crocker Church, in the path of progress or in harm's way has occurred; that the lack of public dialog is disappointing for three reasonsi that the first reason is the development requires a rezoning and a variance in height to execute the current plans, which presents an opportunity to negotiate many things within reason; that the developer has done a wonderful job of creating mini parks around protected trees, walkways, seating areas, and fountains for public enjoyment; that a question is if any thought has been given to the manner in which the site of the two buildings, once called the Florida Avenue Historic District, could be complementary to the larger plan or if the developer's active involvement in the relocation could be negotiated; that simply having the developer make the structures available to whomever is interested should be reconsidered due to the great lengths to save the two structures years ago. Mr. Jennings continued that the structures have been moved twice; that many people believed the historic structures would be safe for some time upon the last relocation to Florida Avenue in the 1980s; that the feeling was probably bolstered by the fact the City actually owned the land and traded the land to create an appropriate location for the buildings; that a third relocation illustrates moving restored historic structures out of harm's way in Florida is impossible; that the impression created is Sarasota's commitment to preservation is not apparent; that the approval of the proposed project without negotiating something in return seems counter to the positive dialog the County is now having with the developers of the Summer House Restaurant property on Siesta Key; that regardless of the vote of the Sarasota Board of County Commissioners on the issue tomorrow, at least a variance request of added height in exchange for preserving the Summer House is being negotiated; that a City Official was recently quoted as follows: Some things are historic and some things are just old. Mr. Jennings further stated that the comment cannot be argued; that Sarasota's inventory of quality historic structures is not great; that Sarasota is not Charlotte, South Carolina, and will never be a St. Augustine, Florida; that Sarasota is not even comparable to Orlando, Tampa, or St. Petersburg, Florida, concerning the depth of inventory and opportunities for restoration, which is the reason a good look at the Florida Avenue Historic District to determine the best way to proceed is necessaryi that the Luke wood House and the Crocker Church are not just old but historic if determined by a Commission and an Historic Preservation Board; that the efforts to designate the structures should not be overlooked. Mayor Martin requested that the Applicant come forward for rebuttal. Attorney Rees and Mr. Lawson came forward. Mr. Lawson stated that the professionalism and integrity of Planning and Redevelopment Staff are acknowledged; that he has been involved in similar projects for 24 years; that the City has some of the finest planning professionals with whom he has ever had the pleasure of working; that any professional disagreements have taken place with deep respect for each other's professionalism; that the debate to arrive at the best solution for the City and his clients is healthy; that all the work Staff has conducted is appreciated; that some words have been used to describe compatibility; that the Staff Report mentions words such as scale, bulk, mass and height; that the quality of each of the words must be added; that height is one issue; however, creating a sense of quality and place in the environment is important; that creating a place in which people truly desire to live and an urban fabric which is consistent with the goals and vision of the City is also important; that the belief is the project has truly reached the perfect point of equilibrium and compromise in having varying heights in mass, scale, light and prevailing breezes which speak to urban design; that a disagreement may exist with regard to the vertical dimension. BOOK 58 Page 29470 12/13/04 2:30 P.M. BOOK 58 Page 29471 12/13/04 2:30 P.M. Mr. Lawson continued that as an architect, designing a building in which no one will desire to live is not the desire; that living in Florida without having light come into a unit cannot be imagined; that people will not desire to live in a unit without natural light; that the Applicant worked extremely hard to design the right type of project; that the neighbors to the east of the proposed project will have a neighboring building which meets the criteria of the Downtown Code; that buildings to the east could be ultimately taller than the proposed project site; that a project could be created in which everything is five stories; that as a design professional, he must find a blend of theoretical and practical planning principles; that the economic reality of development in Florida and the governmental regulations and constraints must be blended in a project which can be reasonably priced to construct; that a place in which people desire to live, work and come through should include a blend of the principles; that sites may exist in which everything could be constructed in five stories; that sites are unique and distinctive; that governmental regulations vary; that the surrounding environments are different; that the proposed project site is unique and unlike any other site in Sarasota; that due to the constraints of the site and the surrounding neighborhood, the Applicant and the neighbors and members of the public who have spoken this evening agree the proposed project meets the criteria of a project desired in Sarasota. Attorney Rees stated that comments included in the Staff Report are as follows: Many desirable features Many design elements promoted by the Downtown Master Plan the City of Sarasota, Downtown Master Plan 2020 Many appealing aspects of this project Attorney Rees continued that the comments indicate Staff's positive evaluation of the project; that the Future Land Use Map is included in the Agenda backup material; that the Staff Report indicates the proposed project is on the perimeter, which is not believed; that the subject area is indicated on the Future Land Use Map; that the subject site is in the center of the Downtown Urban Mixed Use Future Land Use Classification rather than on the periphery; that the periphery is further to the east or to the west; that the proposed project is the largest project in the geographical area to come before the Commission; that the assembly of disparate individually owned parcels into a unified development is complex; that the development is unified by potential ownership and design; that a question is the consequences to the project if a monotonous theme of building design and height were created; that the Staff Report indicates one of the aspects found most appealing to the proposed project was the creation of a number of residential units being brought into the Downtown core; that Mr. Morehead can inform the Commission as to the number of units which will be lost if the project is redesigned to conform to the arbitrary application of the five story standard. Mr. Morehead stated that an analysis of the project if the project were designed to comply with the recommendations of chopping the buildings off to a mere five stories was conducted; that 28 percent or 106 of the units would be lost; that consequently, the price points desired by the community would be extremely difficult to offer; that easily, the beginning price points would double from approximately $175,000 to $350,000; that no hope or willingness on his part would exist to consider a lower price point; that the Planning and Redevelopment Department Staff desires density but desires the density at the expense of the size of the buildings, mainly due to adherence to the new Downtown Zone Districts; that unfortunately, he cannot be all things to all people; that some discussion has taken place regarding the treatment of the existing tenants on the property; that some assurance was provided the tenants have not been treated mindlessly or carelessly due to their position in life; that Ian Black raised a point to use some of the existing public housing stock as a source for potential relocation of the tenants which is a good idea; that the Commission is requested to assist him in helping the tenants; that his observation has been people for whatever reason, expect the worst from developers. Mr. Morehead continued that he has been characterized as uncaring, thoughtless, and mindless, which is not the case; that Planning and Redevelopment Staff have assisted him with a number of different issues, specifically the relocation of the historic structures; that Mr. Hoglund confronted him early in the process regarding the disposition of the structures; that the recollection is he wrote a letter to Mr. Hoglund in September 2004 informing him the structures would be relocated; that the letter also indicated the intent to preserve the structures. Mr. Morehead referred to a photograph of the third historic structure displayed on the Chamber monitors; and further stated BOOK 58 Page 29472 12/13/04 2:30 P.M. BOOK 58 Page 29473 12/13/04 2:30 P.M. that he had no idea the third building on the property was historic; that he has received code violations for many issues including having the wrong size boards on the windows; that he will be happy to work with anyone having interest to relocate the structure; that the other two structures are a non issue at this time; that he would not be experiencing the issues at this time had he not been attempting to serve the price point; that a PBLP Board member indicated he was right; that he has come into town and is trying to do the right thing; that an absolute absence of available property at these price points exists in Sarasota; that he has come of his own volition; that he is trying to do the right thing rather than sell $1 million units; that he is being hamstrung which causes an unsettling and uneasy feeling; that the feeling is he is being treated unfairly concerning some issues; that the Commission is requested to consider the issues regarding which he is being treated unfairly and to recognize the fact no one has stepped up and voluntarily offered to make 20 percent of units available at a specific price point; that he has not heard of any developer making any such offer. Mayor Martin stated that an opportunity is being taken to respond to Mr. Morehead; that Mr. Morehead is not being singled out; that the Commission is struggling with the redevelopment of the Downtown area; that a great renaissance is taking place in the Downtown; that a previous developer came forward with a project on Main Street; that the developer requested greater density; that an Affordable Housing Trust Fund and a Transit Trust Fund was developed through a public/private process negotiation; that the concept of establishing the funds came through a spirit of cooperation, which is similar to the process at this time; that bringing affordable price points on line and respecting the City's historic structures are desires of the Commission; that Mr. Morehead is not being singled out; that Mr. Morehead happened to purchase a particularly special property and is proposing a particularly special project in a particularly special part of Downtown; that the offer brought forward by Mr. Morehead is appreciated; that the offer assists with the Commission's intended direction; that the desire is to have a Downtown which is inclusive and provides housing for everyone and not just for those who are extremely wealthy. Mr. Morehead stated that he has volunteered arguably a good deal by comparison to his predecessors; that the offer of 20 percent workforce housing is an indication of the commitment to do the right thing; that the proposed project was based on a certain set of expectations; that an attempt is being made to deal with the parameters at hand; that changing the parameters becomes difficult; that he has voluntarily conceded to provide 20 percent of the units as workforce housing; that additional stipulations are being placed in addition to his concession, which becomes exponentially more difficult for him to market the units; that additional stipulations could incline him to retract from the 20 percent offer for workforce housing, which is not the desire; that adhering to the offer of 20 percent of the units as workforce housing will become difficult if additional stipulations are imposed. Attorney Rees stated that Mr. Hoglund indicated the CCBD Zone District is only one of several implementing Zone Districts in the Central City Future Land Use Classification at the time the application was filed; that a zoning map, included in the Agenda backup material, indicates the extent of the boundaries presently on the property for the CG and RMF-3 Zone Districts; that other implementing Zone Districts are the RMF-3 through the RMF-7 Zone Districts; that the CCBD Zone District is the only Zone District which would work as was indicated by the testimony heard from the professionals who labored with the constraints of the property to bring forth a meaningful mixed use development; that the integration within the entire site of the mix of uses has been carefully designed by Mr. Lawson; that expert witness testimony has been provided as to the value of the mix of residential and non residential uses not only within the project itself, but within the buildings within the project; that the mix will be difficult if a stratification of separate Zone Districts exists. Attorney Rees continued that Mr. Hoglund indicated the change in rezoning is out of scale with the needs of the neighborhood according to the Standards for Review for rezoning; that competent and substantial evidence has been presented to sustain the finding the proposed development is meeting the needs of the neighborhood and the Cityi that the project is not out of scale; that Mr. Hoglund indicated the Standards for Review for rezonings of Section IV-1106(2), Compatibility with the existing land use pattern, Zoning Code (2002 Ed.) and Section IV-1196(4), The population density pattern and possible increase or overtaxing of the land on public utilities, should be considered by the Commission; that testimony has been provided indicating, on balance, the proposed development is consistent with the City's Comprehensive Plan; that he prepared exhaustive analysis to demonstrate consistency, which is provided in the record. BOOK 58 Page 29474 12/13/04 2:30 P.M. BOOK 58 Page 29475 12/13/04 2:30 P.M. Attorney Rees further stated that the Applicant made a voluntary choice not to seek the maximum height allowable if the CCBD Zone District is approved; that the Applicant has provided credible testimony as to a voluntary decision to incorporate many of the desirable features into the proposed project and still provide integrity to the overall design; that the test has been met as to whether any other ways to reconfigure and develop the project to avoid adverse impact off site; that no offsite adverse impact exists; that different testimony would have been brought forward by the neighborhood if adverse impacts off site existed; that property and business Owners and citizens of the City in the adjoining area desire the project to move forward; that the project is compatible and in scale; that the Commission should approve the proposed development. Vice Mayor Servian asked for clarification regarding the phasing of the project. Attorney Rees stated that the option to segment the project into two phases was offered; that by reserving the option, the Applicant can proceed in one application to build the project out in one phase. Vice Mayor Servian asked if the intent is to construct the proposed development all at once? Attorney Rees stated that the determination to construct the proposed development all at one time would depend upon the market and sales response. Vice Mayor Servian asked if the 74 affordable units would be evenly dispersed across the property or concentrated in one building? Mr. Morehead stated that the details have not been finalized; that the 74 affordable units will not all be relegated to the first phase of the project but would be combined throughout. Vice Mayor Servian stated that a concern would be if the first phase of the project did not include any of the affordable units. Mr. Morehead stated that the first phase of the project would include some of the affordable units. Mayor Martin stated that the affordable units would likely be on lower floors; that the expectation is the affordable units would be distributed evenly throughout the buildings. Attorney Rees stated that the Applicant has proffered a stipulation which will be included in proposed Ordinance No. 03- 4480 indicating the location of the restricted sale units will be indicated at the time of the submission of the construction plan; that the location of the restricted sale units will be included in the construction plans if the project is phased; that correspondingly, the remainder of the restricted sale units will be provided if the project includes a second phase; that the construction plan for the entire project would denote which units within the buildings would be restricted sale units if the project is not phased; that an attempt has been made to provide protection or assurance to the City of the commitment to reasonably disperse the restricted sale units within the project. Vice Mayor Servian stated that the issue of assisting the current tenants on the site by finding some reasonable affordable housing was raised; that the Rosemary Court project is moving forward in phases; that as each unit is sold, the funds are being incorporated back into the project; that the SHA does not have the money to construct replacement units all at once; that the SHA will be requested to assist in the transition of the people living on the site at this time. Mr. Morehead stated that the offer to contact the SHA is appreciated. Commissioner Bilyeu asked if a timeline for the project has been established? Mr. Morehead stated that he is meeting with the contractor in the morning; that if problems are not encountered, some of the buildings in the first phase could be ready for occupancy within six or seven months after construction has commenced; that the schedule is aggressive. Commissioner Bilyeu stated that providing the Applicant with an additional floor to ensure 20 percent of the units are affordable would be supported; that the height of the proposed project is not a major personal concern. BOOK 58 Page 29476 12/13/04 2:30 P.M. BOOK 58 Page 29477 12/13/04 2:30 P.M. Commissioner Palmer asked for clarification regarding the indication proper advance notice and rent abatement would be provided to the tenants currently living on the site. Mr. Morehead stated that the current tenants on the site have monthly leases which have been in place for quite some time; that the property was purchased in the first quarter of 2004; that all new tenants have been placed on a month to month lease in anticipation of developing the property; that the tenants were made fully aware of the situation; that at the time the property was acquired, the majority if not all the tenants were on month to month leases; that he has the legal right to inform the tenants one month prior to terminating the lease; however, he will be providing the tenants at least a 90 day notice prior to termination; that he is considering a period during which the tenants will be allowed to live on the site rent free to allow the tenants to accumulate funds to pay for relocation to another area. Commissioner Palmer asked for clarification regarding the indication historic preservation of the existing buildings was no longer an issue. Mr. Morehead stated that significant concern indicating the historic preservation of the two buildings on the site was being improperly addressed has been heard; that Eather Nilon indicated preservation of the buildings was important; that he is aware of at least two or three sites to which Father Nilon is contemplating relocating the historic structures; that the historic buildings would be moved, properly maintained and preserved for the City. Commissioner Palmer stated that the understanding is Mr. Morehead is working with Father Nilon to ensure the historic structures are moved. Mr. Morehead stated that is correct. Commissioner Palmer asked if Mr. Morehead is financially supporting the relocation of the historic structures or simply working with Father Nilon to ensure the relocation. Mr. Morehead stated that he is providing financial assistance in addition to assisting Father Nilon with the relocation. Commissioner Bilyeu stated that he indicated earlier he spoke with Mr. Morehead in August 2003; that the discussion concerned historic preservation and the desire of Father Nilon to preserve the historic structure; that development of the property is personally important; that Mr. Morehead's indication the preservation of the structures is no longer a problem is understood; that preservation of the historic structures is appreciated. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to extend the meeting beyond the scheduled ending time of 9:30 p.m. to complete the Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. Mayor Martin requested that Staff come forward for rebuttal. Mr. Hoglund came forward and stated that Christopher Wenzel, Chair of the Historic Preservation Board, indicated the Rosemary District included the structure located on Boulevard of the Arts and Florida Avenue; that the consultant who conducted the historic survey of the Downtown reviewed the structure, based on its condition, and indicated the structure was ineligible for either local or national designation; that Mr. Berns and Mr. Meyer indicated disappointment concerning the extent to which the historic structures were covered in the Staff Report; that the Staff Report indicates the three buildings were identified as part of the historic surveyi that detail was not provided in the Staff Report since the issue was not discussed at the PBLP public hearing; that throughout discussions with the Applicant, the fate of the buildings was a concern from the outset; that a different iteration of the plan indicated retaining the structuresi; that he provided progress reports regarding the proposed project due to the existence of the structures; that a formal recommendation was not included on the Agenda of the PBLP public hearing. Mr. Hoglund continued that Attorney Rees mentioned discussion of a boundary included in the Staff Report; that the recollection is the discussion was an attempt to describe the Zone Districts proposed by DPZ at the time the Downtown Master Plan 2020 was presented to the Commission in 2000; that a Neighborhood General Zone District was described; that the boundary was mid-block through the Renaissance site on Tamiami Trail; that the buildings facing west toward Tamiami Trail could be up to 18 stories; that properties east would be low, two to three story buildings; that since the time, other work has been conducted to prepare the amendment to the City's Comprehensive Plan based on the Downtown Master Plan 2020; that the result is a disparity between the Downtown Master Plan 2020 and the amendment to the City's Comprehensive Plan; that Attorney Rees' discussion of BOOK 58 Page 29478 12/13/04 2:30 P.M. BOOK 58 Page 29479 12/13/04 2:30 P.M. different implementing Zone Districts is appreciated; however, the point is the Central City Future Land Use Classification and the CCBD Zone District are not synonymous; that other Zone Districts could have been chosen at the time including the Lone District which applies to the property at this time; that the notion a rezoning of the property to the CCBD Zone District would be automatic has caused some procedural confusion. Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03- 4480 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass Ordinance No. 03-4480 on first reading. Mayor Martin stated that the suggestion was to add the following language to Section 5(g) of proposed Ordinance No. 03-4480: Applicants shall provide within the proposed mixed-use development twenty percent (20%) of the constructed residential dwelling units to be initially sold within a price range between $175,000 and $250,000 with actual sales price for each unit type to be determined by Applicants (herein "Restricted Sale Units"). At time of Applicant's submission of final construction plans Restricted Sale Units within any proposed building containing residential dwelling units shall be identified Commissioner Palmer stated that proposed Ordinance No. 03-4480 should be amended to include the Applicant's proffer of the additional stipulation regarding 20 percent of the dwelling units to be initially sold with a price range between $175,000 and $250,000, etc. Mayor Martin asked the wishes of Commissioner Atkins as the maker of the motion? Commissioner Atkins as the maker of the motion with the approval of Commissioner Bilyeu as the seconder stated that including the language concerning the Applicant's proffer of 20 percent of the housing units in the motion is supported. Mayor Martin restated the motion as to pass proposed Ordinance No. 03-4480 on first reading with the addition of language to Section 5(g) as indicated. Commissioner Atkins stated that the process has been excellent; that the process exhibits the City's growing pains and birthing of affordable housing in the City, especially in the Downtown; that the Commission is trying to protect some of the rights of the persons who have paid the cost by being poor in the City for a long time; that an opportunity is being provided to give notice to developers coming forward to realize the Commission is struggling with issues in the Downtown; that developers should come forward prepared to surrender to significant conditions and stipulations being imposed by the Cityi that no city exists without economic, ethnic, and cultural diversity; that the proposed development puts an end to the Overtown District as currently exists with the exception of Cohen Wayi that a report was seen 10 to 20 years ago which indicated the plan was to move all the black people from the Overtown District; that the end of the Overtown District has come; that an opportunity is now available to re-invigorate the Overtown District area; that the Overtown District is personally known; that he was born and raised in the Overtown District; that the City and the citizens in the area are making a tremendous sacrifice; that greater things will be happening; that prices of some of the housing in the Downtown core will be reduced as the use of TIF funds moves forward; that a method for legally holding prices down will be identified. Commissioner Bilyeu stated that the Developer's effort and time concerning the project are appreciated; that Mr. Morehead has come to the City and created an excellent development team to make the project work; that the developer worked with the neighborhood; that the neighborhood supports the project which is considered important; that the views expressed by everyone regarding historic preservation are appreciated; that he feels blessed and assured the historic structures will be preserved; that preserving historic buildings through relocation is normally not the desire; however, the structures will be preserved, which is good; that an opportunity was available to provide an historic district within the Cultural District; that his desire to have an historic district within the Cultural District was expressed one and one half years ago; that the structures could have been moved to the Cultural District; that the project is exciting; that he is excited for the Overtown District; that the City's Planning Staff is exemplary; that Planning Staff's hard work is appreciated; and expressed thanks BOOK 58 Page 29480 12/13/04 2:30 P.M. BOOK 58 Page 29481 12/13/04 2:30 P.M. to all for being a part of the public hearing regarding the project. Commissioner Palmer stated that allowing additional height of buildings is not the preference; that a point made by Attorney Rees, Mr. Morehead, and Mr. Hoglund was the scale of the project in relation to the needs of the neighborhood; that the issue does not only concern the scale of the buildings; that the point is if the neighborhood needs a development of the type proposed; that no doubt exists as to whether the project meets the needs of the neighborhood; that the people present during the public hearing have made clear the particular area of the community is appropriate for the development being proposed; that Mr. Morehead is commended; that the Commission appears to have given Mr. Morehead a hard time; however, the Commission gives all developers a hard time; that Mr. Morehead has offered to make 20 percent of the units in the project affordable; that Mr. Morehead will follow through to ensure the affordable units are included in the project; that ensuring young professionals can purchase a unit in the buildings is important. Commissioner Palmer continued that Mr. Morehead has indicated he will provide financial assistance to ensure the Luke Wood House and the Crocker Church are relocated to an appropriate location; that Mr. Morehead has indicated he will assist the existing tenants with rent abatement and relocation; that having a developer come to the City and make the major commitments is appreciated; that similar projects are encouraged; that. the representation regarding the project was excellent; that Staff is praised for doing an appropriate job; that Staff reviews projects for consistency with the City's Comprehensive Plan; that Staff makes a case for projects determined inconsistent as was the case with the project before the Commission at this time; that the Commission does not always agree with Staff; that the PBLP does not always agree with Staff; that Staff's job is to question all applications coming before the City and to determine the best developments which should occur in the Cityi that the project before the Commission at this time will be an excellent development in the Cityi that she is proud to vote in favor of the project. Vice Mayor Servian stated that consideration of the project has been a struggle; however, she believes in the project; that Mr. Morehead and the development team have gone above and beyond voluntarily; that Staff rarely comes to the Commission with a recommendation for denial, which is the struggle; that issues between Staff and applicants are normally resolved prior to bringing the project before the Commission; that the project has been carefully weighed prior to her reaching the decision to support the project; that the project is supported for a variety of reasonsi that overwhelmingly, the neighborhood came out in support of the project; that the neighborhood will be living with the project; that Commissioner Palmer indicated a point was made the project does not meet the neighborhood's needs; that the project most certainly meets the needs of the neighborhood; that the neighborhood has been on the tipping point for quite some time; that the City has implemented Neighborhood Action Strategies and other efforts; however, the neighborhood has continued to struggle; that the area needs the project to continue its revitalization; that Staff is commended for the hard work and the professional manner in which the work was conducted; that the development team is thanked for voluntarily bringing forward a project which is the type desired by the Commission; that the Commission has been indicated the desire to address the issue of affordable housing for a long time; that the Commission has been reluctant to bring forward inclusionary zoning and other necessary efforts; that thanks are expressed to the developer; that the project is supported. Mayor Martin stated that Mr. Morehead could likely sell the 75 affordable units to people present in the Chambers this evening; that Planning Staff reviews projects carefully; that Staff's recommendation for denial of the project resulted in significant personal consideration of the project; that the discussion has been challenging, interesting and provocative; that the willingness to bring forward a certain number of affordable units is extremely important; that Mr. Black: raised a point regarding the necessity for having people living in the units year round; that demand for year round living exists; that marketing specifically to year round residents is preferred; that the issue concerning historic preservation is personally important; that he is a personal friend of Veronica Morgan, the individual who originally moved the two historic structures to the property; that he managed the properties for Ms. Morgan for two to three years; that finding a home for the structures is personally important; that inclusion of a contingency regarding the structures was considered important; however, he has chosen to take Mr. Morehead's word regarding preservation of the structures as well as Mr. Morehead's promise to provide relocation assistance to the existing tenants; that Mr. Morehead indicated developers have a bad reputation; that the Commission recognizes good developers; that he is impressed with Mr. BOOK 58 Page 29482 12/13/04 2:30 P.M. BOOK 58 Page 29483 12/13/04 2:30 P.M. Morehead's proposed project as well as his sensitivity; that the Commission was singling Mr. Morehead out by working with him to develop the Commission's policy considerations regarding affordable housing; that the project is moving forward in a spirit of cooperation; that approval of the project will assist in forming the Commission's future policy considerations to incentivize affordable housing; that the proposed project is supported. Mayor Martin called for a vote on the motion to pass proposed Ordinance No. 03-4480 on first reading with the addition of language to Section 5(g) as indicated and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yesi Palmer, yes; Servian, yes; Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03- 4481 by title only. On motion of Commissioner Atkins and second of Commissioner Palmer, it was moved to pass Ordinance No. 03-4481 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. The Commission recessed at 9:51 p.m. and reconvened at 10:01 p.m. 21. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 10:01 There was no one signed up to speak. 22. UNFINISHED BUSINESS: PRESENTATION AND DISCUSSION RE : FARMERS MARKET - EXPANDED LEMON AVENUE LOCATION 1) ADMINISTRATION TO MAKE THE CHANGE TO THE USAGE PERMIT TO ALLOW OPERATION OF THE FARMERS MARKET ON CHRISTMAS EVE DAY AND ON NEW YEAR' S EVE DAY; 2) APPROVED THE RECOMMENDATION TO EXPAND THE AREA FOR THE FARMERS MARKET ON LEMON AVENUE FROM FIRST STREET SOUTH TO PINEAPPLE AVENUE; ; 3) APPROVED FOR THE CITY TO CONTINUE TO PAY THE COST OF PUBLIC WORKS SERVICES FOR THE FARMERS MARKET, INCLUDING THE EXPANDED AREA; 4) ADMINISTRATION TO MAKE THE CHANGE TO THE USAGE PERMIT TO INCLUDE TWO NOT-FOR-PROFIT VENDORS i 5) ADMINISTRATION TO REPORT BACK REGARDING THE CELEBRATION OF THE MOVE BACK TO LEMON AVENUE AND THE 25TH ANNIVERSARY OF THE FARMERS MARKET (AGENDA ITEM XVI) CD 10:02 through 11:02 V. Peter Schneider, Deputy City Manager, came before the Commission; referred to a December 13, 2004, memorandum to the Commission from John Tylee, Executive Director of the Downtown Partnership of Sarasota, Inc., regarding the Downtown Farmers Market which was distributed by him during the afternoon session of the meeting; and stated that Item 2 indicates: This agreement is for the exercise of our first renewal option in our existing agreement with the City. As we requested, it allows closing of the alleyways that cross Lemon Avenue, both north and south of Main Street, as well as the closing of the State Street/Lemon Avenue intersection. Main Street and Lemon Avenue would continue to be open to traffic during Market hours. Mr. Schneider continued that the agreement referenced is not the renewal option but rather a change' in the current usage permit; that the presumption is the Main Street/Lemon Avenue intersection would continue to remain open during traffic hours; that the memorandum indicates: As stated, the Partnership stands ready to sign the simple renewal agreement submitted by the City's lawyers. We would prefer a different agreement, one that would allow us to manage the market for three years with two three year options for a total of nine years and allows us to run the market up to two hours later on occasion, i.e., close at 3:00 p.m. not 1:00 a.m. BOOK 58 Page 29484 12/13/04 2:30 P.M. BOOK 58 Page 29485 12/13/04 2:30 P.M. Mr. Schneider further stated that the agreement is not a renewal agreement; that further, the assumption is the intent was to indicate 1:00 p.m. rather than 1:00 a.m. Mr. Schneider distributed and referred to maps of the expanded Lemon Avenue Farmers Market, also included in the Agenda backup material; and stated further that the expanded Lemon Avenue area would extend from First Street to Pineapple Avenue and would include closing the alleyways and the State Street/Lemon Avenue intersection; that the 1400 and 1500 block of Main Street on the south side and the north side of State Street were walked earlier in the day in an effort to determine the impact of closing the alleyways between Main and State Streets; that the alleyways have not previously been closed for the Farmers Market; that no one objected to the Closure of the alleyway at Lemon Avenue; that four businesses out of 20 opposed closing the intersection of the alleyway and Lemon Avenue; that at the time the Farmers Market existed on Lemon Avenue, both the alleyways between Main and First Streets were closed at Lemon Avenue; that a difference with the alleyway south of Main Street is the existence of public egresses in both the 1400 and 1500 block to First Street; that a person could come in the alleyway and go back through public egress in the 1500 block which is the City parking lot and the 1400 block L-shaped alleyway allowing access onto the public street. Mr. Schneider stated that the alleyways south of Main Street require exit from the alley through private property to get on to State Street; that at this time, a temporary cut-through exists in the 1400 block of Main Street, which the Methodist Church has allowed with the streetscape construction; that the temporary cut-through will closed once the streetscape is completed; that two private cut-throughs from the alleyways to State Street exist in the 1500 block of Main Street. Commissioner Palmer left the meeting at 10:07 p.m. due to back pain. Mayor Martin asked for clarification regarding ingress and egress. Mr. Schneider stated that backing out would be necessary. Mayor Martin asked for clarification regarding the businesses which are not in favor of closing the alleyways between Main and State Streets and if the reason was deliveries are received on Saturday mornings between 8:00 a.m. and 12:00 p.m.? Mr. Schneider stated that deliveries on Saturdays during the times the Farmers Market is operating was indicated as the concern. Mayor Martin stated that the situation is difficult. Vice Mayor Servian asked if the alleyway can be kept open while protecting the safety of the individuals who are attending the Farmers Market in a manner similar to the opening of Lemon Avenue and Main Street with temporary fencing? Mr. Schneider stated that temporary fencing could be used; however, representatives of the Farmers Market have expressed the desire for some continuity of vendors. Mayor Martin stated that a logistical issue exists; that the intent is to stage the area by not allowing vehicles on Lemon Avenue, which is difficult. Mr. Schneider stated that the intent is to create a pedestrian walkway; that the pedestrian experience for people attending the Farmers Market will become more appealing with less vehicular interference; that vendor trucks would be backed up to the alleyway sO adjoining vendors could easily replenish booths with goods from their trucks; that the current usage permit for the Farmers Market was approved administratively by the City Manager; that an amendment to the existing usage permit is included in the Agenda backup material; that the amendment would allow the Farmers Market to relocate back to Lemon Avenue; that the policy question is if the Commission desires to approve an expansion which extends the usage area to Pineapple Avenue or if the Commission desires to approve something else; that the document, as written, is adequate and no changes would be necessary if the desire is to approve the expansion to Pineapple Avenue; that the Downtown Partnership and the City would execute the document which would allow the Farmers Market to move back to Lemon Avenue through February 21, 2005, which is the date the first year's usage permit expires; that based on the action of the Commission to create the market area, the extension would then be prepared in a separate usage permit for the next year; that the Downtown Partnership would be asked if working within the approved boundaries is desired, if the Commission changes the boundaries; that the amendment would be changed to reflect the new boundaries and would be signed by the City and the BOOK 58 Page 29486 12/13/04 2:30 P.M. BOOK 58 Page 29487 12/13/04 2:30 P.M. Downtown Partnership if the boundaries are changed; that the extension agreement would then be created for the next year. Mr. Schneider continued that the Administration would not have to come back to the Commission unless the Downtown Partnership did not desire to have the Farmers Market in a smaller area. City Attorney Fournier stated that if the Downtown Partnership did not desire to work in a smaller area, the usage permit would expire on February 21, 2005. Vice Mayor Servian stated that a question is the reason the Downtown Partnership requires almost two and one half times the space and the parking space at the end of Lemon Avenue as the place for staging; that in fact, the request was for adequate plaza to remain on the north end of Lemon Avenue; that the Commission extended great effort with the Public Art Board to ensure display of the proper art and seating to accommodate the Farmers Market; and asked the reason the Downtown Partnership desires the shift to the southern end of Lemon Avenue? Mr. Schneider stated that the intent is to create some kind of a gathering place including coffee and perhaps pastries and light musical entertainment with tables and chairs at the southern end of Lemon Avenue; that the intent is to create two focal points at both ends of the Farmers Market. Vice Mayor Servian stated that the appearance is the Farmers Market is becoming a street fair, which is a drastic and dramatic change in use. Commissioner Atkins stated that the expectation of the expansion is too much and is basically contradicting everything planned in the past concerning the art piece, etc.; that the reason for a staging area is not understood; that thousands of dollars have been spent to beautify the area; that the first decision which the Commission will make will be vitally important; that the decision is if the Commission will allow the expansion; that the reason the Farmers Market must be relocated back to Lemon Avenue is a personal question. Mr. Schneider stated that the size of the expanded area, if any, is an issue which will be discussed. Mayor Martin stated that the philosophy has been to allow the Farmers Market to bloom; that the Farmers Market should be able to expand with new vendors which will create more demand; that the weekly Farmers Market is wonderful and symbolizes the vitality in the Downtown; that having quality vendors and extending the area to Pineapple Avenue is considered personally ideal. Commissioner Bilyeu stated that a concern has been raised about closing the alleyway; that the Farmers Market could extend to State Street and stop sO the alleyway would be free; that forthcoming development in the area which would limit expansion of the Farmers Market is also a concern. City Manager McNees stated that a question was if enough vendors exist to fill the expanded space all the way to Pineapple Avenue; that a concern is the Farmers Market will lose mass and energy if extended all the way to Pineapple Avenue; that the Administration is proposing to expand the Farmers Market to State Street; that the Farmers Market could be extended to Pineapple Avenue if sufficient demand is raised and enough vendors are on a waiting list; that the change can be made at the time; that extending the Farmers Market to Pineapple Avenue at this time seems premature; that evidence as to whether sufficient vendors are available to fill the extended space has not been seen; that the Farmers Market would be diluted. Commissioner Bilyeu stated that the additional space should be made available quickly, perhaps administratively, if enough vendors are available to fill the space. Mayor Martin stated that the new Manager of the Farmers Market is present in the Chambers and could speak to the issue if desired. Mr. Schneider stated that during the time the Farmers Market was on Lemon Avenue originally, the City did not pay for all the City services; that the Commission assumed the cost of City services at the time the Farmers Market moved to Pineapple Avenue to ensure proper operation; that the cost on Pineapple Avenue was estimated at $26,000 annually; that the cost would be $8,800 annually if the Farmers Market is moved back to its original location on Lemon Avenue and could be up to $10,400 annually if the area is expanded; that the reduction is significant; that the Administration requires policy direction from the Commission. BOOK 58 Page 29488 12/13/04 2:30 P.M. BOOK 58 Page 29489 12/13/04 2:30 P.M. Mayor Martin asked for clarification regarding operation of the Farmers Market on Christmas Eve day and on New Year's Eve day which are Fridays since the existing usage permit is limited to Saturdays. Mr. Schneider stated that the intent is to make the change administratively. Mayor Martin stated that hearing no objections, the Commission's consensus is for the Administration to make the change to the usage permit to allow operation of the Farmers Market on Christmas Eve day and on New Year's Eve day. The following persons came forward: John Matthews, Manager of the Farmers Market, 1818 Main Street (34236), referred to a map of the proposed layout and expanded area of the Farmers Market displayed on the Chamber monitors; and stated that the map indicates a sufficient number of vendors to almost reach Pineapple Avenue; that the Farmers Market has a current standard of 12 foot spacing between vendors; however, some vendors have 24 feet; that 15 foot spacing will be the standard at the Lemon Avenue site; that only two new vendors will be included at the Lemon Avenue site at this time; that other vendors are on a waiting list; that the vendors on the waiting list will be located in an open area on Pineapple Avenue; that vendors will only be located on one side of the street since the street narrows, which is a concern; that the map indicates an area for entertainment which will include music in front of the fountain; that a sitting area will also be included; that people will require a rest if walking through the entire Farmers Market; that the map indicates plants, produce and food vendors, not-for-profit organization booths, sitting areas, the Downtown Partnership's booth, and arts and craits vendors; that the Farmers Market has a good mix of vendors; that the Farmers Market may appear as though moving toward a street fair; however, plants and produce vendors predominate and are the focus of the Farmers Market; that the Farmers Market is and will remain a market; that closing off the alleyways is necessary to accommodate the additional space between vendors and for the vendors to replenish stock; that the Farmers Market receives excellent attendance; that the stock must be replenished; that the alleyways are necessary for operation of the Farmers Market; that a commitment was made to the City not to park any vehicles on sidewalks or in the streets during operation of the Farmers Market, which is difficult for the vendors; that the vendors are working with him. Mayor Martin stated that the map is the proposed layout of the Farmers Market on Lemon Avenue; and asked if the individual vendors are aware of the proposed layout? Mr. Matthews stated that each vendor was asked to provide him some latitude to work on the layout; that vendors provided first, second and third choices for booths; that individual vendors will at least be provided the third choice; that the vendors' desires regarding location of booths is important and will be considered; that the map indicates an area which will be used for entertainment; that the entertainment may be music or dance; that groups such as Tai Chi Sarasota are involved with the Farmers Market and desire to provide demonstrations; that he will be speaking with local high schools which may also provide entertainment; that room for the entertainment is not available at the southern portion of Lemon Avenue; that the City has done an excellent job in the southern portion which includes the fountain and the sitting area; that chairs and tables will be included in the sitting area; that a large parking area is included; that people will come in on State Street and will immediately observe food vendors; that people will be able to have breakfast and coffee and sit in the area; that entertainment will be close by. Vice Mayor Servian asked if a not-for-profit organization would be providing entertainment? Mr. Matthews stated that a not-for-profit organization could be providing entertainment; however, other organizations will also be providing entertainment; that the Farmers Market does not have a budget to pay for entertainment; that enough people support the Farmers Market and will provide free entertainment. Mayor Martin stated that for example, people could also come and play the guitar and perhaps receive tips. Mr. Matthews stated that entertainers can sell compact discs (CDs); that an information center will be included and will provide the location of vendors; that many customers come to particular vendors each week; that the proposed layout is different than the original layout of the Farmers Market; that the linear approach of the new layout provides each vendor with the same opportunity for traffic; that in the past, craft vendors in the northern area of the Farmers Market were not receiving adequate traffic. BOOK 58 Page 29490 12/13/04 2:30 P.M. BOOK 58 Page 29491 12/13/04 2:30 P.M. Vice Mayor Servian stated that the minutes of the March 15, 2004, Regular meeting were reviewed; that the Commission took specific action which was the Downtown Partnership was only allowed to have one not-for-profit booth in the Farmers Market; that the proposed layout indicates an expansion of not-for-profit booths; that entertainment was not allowed in the past; and asked if the intent is to amend the lease to allow for entertainment venues? Mr. Schneider stated that the proposed layout has not previously been seen; that Mr. Matthews is still working on the proposed layout; that the usage permit should reflect the type of vendor actually on site at the Farmers Market; that parameters should be established if multiple not-for-profit booths will be included in the Farmers Market. Vice Mayor Servian stated that care should be taken; that the Commission was specific with regard to not-for-profit booths; that the Administration was requested to work with the Downtown Partnership and the Main Street Merchants to resolve the issue of payment for holiday decorations, which has not been done. Mr. Schneider stated that John Tylee, Executive Director of the Downtown Partnership, and the Main Street Merchants have been requested to resolve the issue; that the issue has not yet been resolved. Commissioner Bilyeu stated that two not-tor-protit booths are indicated on the proposed layout which is not a concern; that a percentage of vendors of plants, arts and craits, produce, etc., should be established if percentage is a concern; that becoming sO specific at this time is probably not necessaryi that the concern is the logistics and the flow; that the hope is the additional area of space provided to the vendors will be sufficient for operation; that vendors prefer to have vehicles close for restocking and security; that the proposed layout is supported. Mr. Matthews stated that he has been attentive to discussions regarding the Farmers Market in the past; that the possibility was mentioned of the Commission's desiring an additional booth for not-tor-profit booths which is the reason for including the second not-tor-protit booths; that he may have made an incorrect assumption; that another vendor could be included instead of a not-for-profit booth, if desired. Mayor Martin stated that he indicated room could be provided for an additional not-for-profit booth; however, consensus for more than one not-for-profit booth was not reached. Mr. Matthews stated that another vendor could easily take the space. Jennifer Glassmoyer, 1556 Stickney Point Road (34231), representing Once Lit Candle, stated that she is a craft vendor at the Farmers Market; that the City is thanked for the continued support provided to the Farmers Market; that the City workers have done an excellent job regarding to delivery of barricades and trash removal; that the expansion of the Farmers Market beyond State Street is simple; that she and other craft vendors were originally located on the brick patio next to the old fountain on Lemon Avenue which was an excellent location; that the location of her booth on Pineapple Avenue was not adequate; that people thought the Once Lit Candle booth was new to the Farmers Market; however, she had been located in the booth for one year; that the craft vendors should be located together; that over the weekend, her sales doubled; that the sales over the weekend were the highest ever; that the brick patio area was composed of approximately 15 vendors; that the number of existing vendors plus the additional vendors who have recently joined the Farmers Market create the need to expand beyond State Street. Ms. Glassmoyer continued that all the vendors are being removed from the brick patio area and being added to the proposed layout; that all the vendors were placed on a continuous row at the Pineapple Avenue location; that since the move to Pineapple Avenue, the craft vendors have indicated sales have doubled; that record sales have occurred; that she is a member of the Farmers Market Vendor Committee (Committee); that monthly or bi-monthly meetings are held; that the Committee makes the decision if new vendors will be allowed into the Farmers Market and has continued to review applications; that new vendors have been accepted; that a waiting list has been created; that the proposed layout is now in 15 foot increments, which is an additional three feet per vendor and also explains the need for the longer layout and the expansion past State Street; and quoted the following statement signed by some vendors including several in the Chambers audience: I am happy with the management of the Downtown Farmers Market by the Downtown Partnership and the direction the market is going. I do not want change in the Downtown Farmers Market. BOOK 58 Page 29492 12/13/04 2:30 P.M. BOOK 58 Page 29493 12/13/04 2:30 P.M. Attention City Commissioners this note serves to advise you that my support is with the Downtown Partnership as to the operation of the Farmers Market. I do not at this time feel a change is in the best interest of the market. Andrea Daniels, 850 South Tamiami Trail (34236), representing Voluspa's Treasure, stated that she is a new craft vendor at the Farmers Market; that she has been a vendor since the summer; that moving back to the brick patio area on Lemon Avenue is a concern; that as a patron of the Farmers Market, she never visited booths on the brick patio area of Lemon Avenue; that the brick patio area was unorganized, difficult to navigate, and crowded; that the linear layout on Pineapple Avenue has been enjoyed as a patron and as a vendor; that the linear layout provides an opportunity for each vendor to have the same number of people visit; that the Commission is requested to support the linear layout and the expanded move to Lemon Avenue; that the improvements to Lemon Avenue are extremely attractive. Del Bryant, 6814 16th Avenue, Palmetto (34221), signed up to speak but was no longer present in the Chambers. Chris Keesecker, 1352 Manhattan Avenue (34237), stated that he is a Farmers Market vendor; that many of the Farmers Market customers indicated the market had become stale since limited in scope; that ways of expanding the market for the benefit of the customers has been discussed over the past couple of yearsi that more variety such as entertainment has been an underlying theme of the desired direction of the Farmers Market; that meetings were held with the City Manager; that the indication was the City would make an effort to return the Farmers Market back to Lemon Avenue since the Lemon Avenue streetscape would be sO beautiful; that expanding the size and the scope of the Farmers Market was discussed since the entire length down to Pineapple Avenue would be usable; that the City Manager's concern about the possibility the Farmers Market will lose critical mass if spread out too far is understood; that the Farmers Market waiting list includes up to 40 additional vendors desiring to become a part of the market; that the issues between the Downtown Partnership and the Main Street Merchants regarding holiday decorations are a concern since the manner in which the Farmers Market is involved is not understood; that the Farmers Market vendors are not aware of any requirement to fund any other organization or activity; that the vendors pay rent. Mr. Schneider stated that the issue of holiday decorations arose many years ago at the time the Commission discussed the operating profits of the Farmers Market; that any operating profits remaining from the Farmers Market were designated for holiday decorations and any general improvements to the Main Street area; that the vendors are not expected to contribute to costs related to holiday decorations. Moire Toner, 2548 East Paulston Court (34237), representing The Celtic Baker, stated that the opportunity to speak is appreciated; that participating in the process is considered a privilege; that she has lived in Sarasota for ten years; that she has been a vendor in the Farmers Market since October 2004; that the points regarding the proposed layout, the need for access, and the logistics are important and have been carefully and well addressed; that the Commission will be making decisions which will impact the management and structural, contractual obligations between the City and the Farmers Market; however, the request is to consider the reason behind the drive for change to the Farmers Market; that she has business experience ranging from the cubical to the Board Room; that the only constant is change; that the folk wisdom "if it ain't broke, don't fix it" is at the heart of the issues concerning the Farmers Market; that the Commission is requested to consider if the changes are being made only for the sake of change; that the Commission is requested to consider if the organizational or structural change is necessary or good; that competitively, the business which manages the change for results wins; that good communication, consistency, and continuity are important; that the Downtown Partnership and the Farmers Market vendors have communicated and negotiated well; that the organization, communication and collaboration between the vendors and the Downtown Partnership has been exquisite and enjoyable. Brian Glassmoyer, 1556 Stickney Point Road (34231), stated that he is a vendor at the Farmers Market and supports the Downtown Partnership; that many problems have occurred with regard to another group which has indicated through literature he and his wife are not happy with the Downtown Partnership, which is not true; that the group has blatantly lied; that the actions of the group are inappropriate and should be addressed; that the Downtown Partnership has done an excellent job of communicating with the vendors; that over the past year, John Tylee, Executive Director of the Downtown Partnership, did an excellent job of communicating with the vendors; that vendor representatives have been identified; that the vendors have a voice and are working together for a common goal; that a group of people who are no longer associated with the Farmers Market are creating havoc for the BOOK 58 Page 29494 12/13/04 2:30 P.M. BOOK 58 Page 29495 12/13/04 2:30 P.M. vendors; that the Downtown Partnership and the vendors present in the Chambers are supported; that he is speaking for other vendors who are not present; that he visits individual vendor booths each week; that the vendors refer to him as the Mayor of the market; that the vendors desire a positive atmosphere; that the assistance provided by the Commission is appreciated. Alan Howes, 7537 Botanica Parkway (34238), signed up to speak but was no longer present in the Chambers. Mayor Martin stated that the Commission will be considering: 1) expansion of the Farmers Market area, 2) the Closure of the alleyway between State Street and Main Street; and 3) the cost of public works services. On motion of Commissioner Bilyeu, it was moved to expand the area for the Farmers Market on Lemon Avenue to State Street and from First Street to Pineapple Avenue. Motion died for lack of a second. Mayor Martin asked for clarification if a motion should include all three issues or if separate motions are required. Mr. Schneider stated that the motion on the table is covering the issue concerning closure of the alleyway between State Street and Main Street if the Farmers Market is extended to Pineapple Avenue. Commissioner Bilyeu stated that expanding the Farmers Market is a good thing; that the issue concerning logistics requires more discussion. Mayor Martin stated that the Deputy City Manager is extremely familiar with the area and the issue; that closing the alleyway seems ideal for a number of reasons, including public safety and the logistics of vendors' vehicles; and asked for clarification regarding the effect of closing the alleyway to businesses having Saturday deliveries. Mr. Schneider stated that the situation will be awkward; that a westbound delivery truck in the 1500 block of Main Street will have to back up or back up and turn around at an opening and exit through private property. Mayor Martin stated that the specifics of the Saturday deliveries to businesses in the area are important to know; and asked if issues regarding Saturday deliveries truly exist? Mr. Schneider stated that the problem has been ongoing for the last six or seven months since the alleyway has been closed during the Lemon Avénue Streetscape construction; that the situation has been occurring seven days per week. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to approve the City Manager's recommendation to expand the area for the Farmers Market on Lemon Avenue from First Street south to Pineapple Avenue. Vice Mayor Servian stated that the linear layout of the Farmers Market is the reason for supporting the expansion; that the expansion was originally a concern; however, forcing vendors onto the paved patio area which results in economic problems is a concern; that the full expansion is supported. Commissioner Atkins stated that relocating the Farmers Market to Lemon Avenue is not supported; that the motion is not supported. Mayor Martin called for a vote on the motion. Motion carried (3 to 1): Atkins, no; Bilyeu, yes; Servian, yes; Martin, yes. Mayor Martin stated that the Commission will now address the cost of public works services, which is estimated at $10,400 annually for the entire area. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved for the City to continue to pay the cost of public works services for the Farmers Market, including the expanded area. Motion carried (3 to 1): Atkins, no; Bilyeu, yes; Servian, yes; Martin, yes. Vice Mayor Servian stated that the issue concerning the holiday decorations requires discussion; that the intent has always been the Farmers Market proceeds would be used to fund the decorations on Main Street or in the Downtown environs, which is not happening; that the proceeds are being used to fund the Downtown Partnership and salaries, etc., which has never been the intent; that the Deputy City Manager is requested to work with the Downtown Partnership and the Main Street Merchants to resolve the issue; that the Main Street Merchants are being left with no way to fund decorations, which is not fair. BOOK 58 Page 29496 12/13/04 2:30 P.M. BOOK 58 Page 29497 12/13/04 2:30 P.M. Mr. Schneider stated that methods to address the issue will be discussed with the parties. City Manager McNees stated that a record of the discussion to date is included in the Agenda backup material; that the Administration was directed to tell the Downtown Partnership and the Main Street Merchants to resolve the issue, which has been communicated; that the parties have not been able to resolve the issue. Mayor Martin stated that a sense of the accounting would be helpful, which should be requested by the Administration; that the Commission must understand the manner in which the proceeds of the Farmers Market are being used, if any proceeds indeed exist; that the Administration should provide a report. Mr. Schneider stated that the December 13, 2004, memorandum distributed by John Tylee includes an estimated budget; however, the Administration will request the exact figures. Commissioner Bilyeu stated that proceeds may not be available; that times have changed; that more costs are involved in managing the Farmers Market; that more work is involved; that change is constant; that the Downtown Partnership and the Main Street Merchants may or may not be able to work out the problem; that the Administration can request the parties to meet again; that the Commission should move on if proceeds from the Farmers Market to fund the decorations are not available. Mayor Martin stated that the Farmers Market estimated budget is included in the December 13, 2004, memorandum from Mr. Tylee; that he has not had a chance to review the information; that the issue of the number of not-for-profit booths requires discussion; that room exists for two not-for-protit booths; and asked if the Commission wishes to consider the issue? Vice Mayor Servian stated that having an additional not-for- profit booth is not a problem; that following policy is the concern. Mayor Martin stated that hearing no objections, a change should be made to the usage permit to allow inclusion of two not-for- profit booths; that representation of the Main Street Merchants on the advisory board for the Farmers Market would be one way of addressing communication and coordination of event issues, etc.; that a celebration regarding the move back to Lemon Avenue and the 25th anniversary of the Farmers Market should be discussed; that funds will be made available for the celebration. Mr. Schneider stated that the Neighborhood Partnership Office (NPO) is working with the Downtown Partnership to develop the celebration as well as a City Expo in association with the celebration; that the Administration will follow up and provide, a report back to the Commission. Mayor Martin stated that the move is only four or five weeks awayi that time seems to fly. 23. DISCUSSION RE: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARASOTA, SARASOTA COUNTY AND THE HOUSING AUTHORITY TO FRAME A PARTNERSHIP FOR THE REDEVELOPMENT OF THE JANIE POE PUBLIC HOUSING COMPLEX = AGREED TO MOVE FORWARD AS CITY PARTNERS TO DEVELOP A MEMORANDUM OF UNDERSTANDING AND TO FORM A COMMITTEE INCLUDING SARASOTA BOARD OF COUNTY COMMISSIONERS CHAIR JON THAXTON, / THE MAYOR, THE COUNTY ADMINISTRATOR, THE CITY MANAGER, THE EXECUTIVE DIRECTOR OF THE SHA, AND THE CHAIR OF BOARD OF DIRECTORS OF THE SARASOTA HOUSING AUTHORITY AS WELL AS VALERIE BUCHAND, PRESIDENT OF THE JANIE POE NEIGHBORHOOD ASSOCIATION (AGENDA ITEM XVI-2) CD 11:02 through 11:08 Mayor Martin stated that the issue was informally discussed during the December 6, 2004, Regular meeting; that he spoke with members of the Sarasota Board of County Commissioners (BCC) and the County Administrator who indicated the Commission had not really made a strong statement with regarding a commitment of funding; that the BCC placed the issue on their December 7, 2004, meeting agenda; that representatives from the City or the Sarasota Housing Authority (SHA) were not present at the meeting which resulted in some miscommunication, that the Commission must provide a signal of the seriousness of purpose which was informally expressed during the Housing Opportunities for People Everywhere (HOPE) VI grant application process; that a motion supporting the negotiation of a Memorandum of Understanding is necessary; that the BCC's motion was to have the BCC Chair, the Mayor, the County Administrator, the City Manager, the Executive Director of the SHA, and the Chair of the SHA Board meet as a committee to develop the Memorandum of Understanding; and distributed two January 9, 2004, letters to Rudy Vazmina, Executive Director, SHA, from former Mayor and current Commissioner Palmer listing all the different commitments the City was making to the HOPE VI. BOOK 58 Page 29498 12/13/04 2:30 P.M. BOOK 58 Page 29499 12/13/04 2:30 P.M. Commissioner Atkins stated that the County did not recognize the fact the City had created the City of Sarasota-Newtown Comprehensive Redevelopment Plan through 2020 (Newtown Redevelopment Plan) ; that John Hawthorne, Redevelopment Specialist, Planning and Redevelopment, should be included in the Committee which will be meeting to discuss the Memorandum of Understanding. Mayor Martin stated that the idea is excellent. Vice Mayor Servian stated that the SHA residents should have representation; that she and the City Manager will be having a meeting with Valerie Buchand, President of the Janie Poe public housing complex (Janie Poe) Neighborhood Association; that Ms. Buchand is extremely concerned since she is not being included and therefore, is not able to communicate issues with the residents; that Ms. Buchand, if not included in the Committee, should be provided an update as the meetings take place sO information can be disseminated to the residents. Mayor Martin stated that Ms. Buchand's role is effective; that the idea is good. Commissioner Atkins stated that including Ms. Buchand on the Committee to discuss the Memorandum of Understanding is supported; that plans regarding the Janie Poe have been ongoing; that the residents of Janie Poe have not been included in the discussions; that allowing the residents to participate is supported. Mayor Martin stated that a motion supporting moving forward as City partners in creating a Memorandum of Understanding and forming a Committee including the individuals previously mentioned as well as Ms. Buchand would be appropriate. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to support moving forward as City partners to develop a Memorandum of Understanding and forming a Committee including the Sarasota Board of County Commissioners Chair, the Mayor, the County Administrator, the City Manager, the Executive Director of the Sarasota Housing Authority, and the Chair of Board of Directors of the Sarasota Housing Authority, as well as Valerie Buchand, President of the Janie Poe Neighborhood Association. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Martin, yes. City Manager McNees stated that the concern was raised neither the City nor the SHA were in attendance at the BCC meeting; that he spoke to County Staff the day before the meeting to clarify the intention of the BCC and the fact he had no doubt the Commission's commitment to the process was equally as strong as during the HOPE VI process; that he indicated he would confirm the commitment; that no indication was made the Commission should have been in attendance at the BCC meeting; that the BCC was informed the Commission was committed and anxious to partner with the County. Mayor Martin stated that the process sometimes becomes stalled; that moving forward is favorably anticipated; that the initial meeting of the Committee will hopefully be scheduled prior to the end of 2004. 24. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 11:08 There was no one signed up to speak. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA ADMINISTRATION TO MOVE FORWARD REGARDING THE ISSUE CONCERNING INCLUSIONARY ZONING (AGENDA ITEM XVI) CD 11:09 through 11:24 COMMISSIONER ATKINS: A. stated that the progress in District 1 with the Commission's approval of the Portofino Project, approval of Lunding sO the Unity Celebration on December 11, 2004, could proceed, and the demolition of the building on the former Coon property on Washington Court which was purchased by the City for the expansion of Fredd "Glossie" Atkins Park, is pleasing; that the indication was work cannot proceed at Fredd "Glossie" Atkins Park until the Court resolves the lawsuit contesting title to the property, filed by the half siblings of Nathan Coon, Jr., the seller of the property; that the hope was to perform the work at Fredd "Glossie" Atkins Park in phases, sO some work could be performed pending resolution of the lawsuit; that the Coon property will be the easiest portion to developi that other BOOK 58 Page 29500 12/13/04 2:30 P.M. BOOK 58 Page 29501 12/13/04 2:30 P.M. improvements in the southwest corner and the northeast side of the park can move forward; that people should not be given the impression the City is waiting for a court decision prior to making any improvements; that work can be conducted in anticipation of the court decision. Mayor Martin stated that the Commission supported the concept of performing the improvements in phases, if possible; that phasing the improvements seemed logical. City Manager McNees stated that the individuals planning the improvements to the park have requested to review the possibility of phasing the improvements; that ther interest is in moving forward; that no construction will take place on the Coon property since the title is being contested; that completion of the improvements may be delayed due to resolution by the court decision; that some additional cost for remobilization or securing the site may be incurred, which is a risk of beginning construction until the full site is secured; that the risk is reasonable; however, the intent is to make the Commission aware of the situation in advance; that the cost will not be catastrophic. Mayor Martin asked if an update can be provided in early January 2005? City Manager McNees stated that a written report of the potential downsides will be provided; that in the meantime, the work will continue through a phased approach. COMMISSIONER BILYEU: B. stated that he was gone for two weeks due to attendance at the National League of Cities Annual Conference in Indianapolis, Indiana; that the conference was excellent; that he was busy each day; that the importance of strategic plans as well as goals and values was discussed; that a seminar concerning the evaluation of city managers was attended; that privatization and consolidation seminars were also attended; that privatization includes water, sewer, and trash; that the consolidation seminar addressed Unigov; that under Unigov, the City Council and County Council combined to form the City-County Council; that the City-County Government is divided into three branches, the executive, legislative, and judicial branches, similar to the federal system of government; that the City of Indianapolis consists of 29 City Council members; that the City of Jacksonville, Florida, has 19 members on the City Council; that a nice urban housing project was visited; that he met Dr. Benjamin Carson, who is the foremost neurosurgeon on splitting twins and was an excellent speaker; that he met Anthony Williams, who is the Mayor of Washington, DC; that he met Bart Peterson, who is the Mayor of Indianapolis and his wife Amyi that the Peterson's parents live in Sarasota; that the stay in Indianapolis was enjoyable; that the 400,000 square foot conference center meeting space in Indianapolis is large; however, two conferences will be lost since the facility is not sufficiently large; that some of the time was spent with his family in Illinois; that the thoughts and prayers regarding his sister who received a kidney in July 2004, after being without both kidneys for seven years are appreciated; that his sister is doing well; that the cold water and the hot water in Illinois this time of year are both extremely cold. VICE MAYOR SERVIAN: A. stated that the Annual Investment Report was an item on the Consent Agenda; that the report was provided to the Commission in previous years; that the Finance Department is thanked for the wonderful job and the well-timed investments which are allowing the City to reduce some maturities and reap some additional revenuesi that Gibson Mitchell, Director of Finance, is often teased as being overly conservative; that Mr. Mitchell has made sure to target strategies to bring some extra dollars into the City. B. stated that the Portofino Project brought back the concern of an issue which was discussed shortly after being elected three years ago; that the issue concerns bringing back examples of inclusionary zoning and strategies which can be put into place; that the issue of inclusionary zoning must move forward; that the Commission will have extremely few opportunities with large developments in which some affordability can be required; that the developer of the Portofino Project actually offered some affordable units, which was fortunate; that a request is for the Commission's BOOK 58 Page 29502 12/13/04 2:30 P.M. BOOK 58 Page 29503 12/13/04 2:30 P.M. consensus to move forward with the issue concerning inclusionary zoning. Mayor Martin stated that hearing no objections, the Commission's consensus is to move forward with the issue concerning inclusionary zoning; that some models of inclusionary zoning were brought forth this evening. C. stated that Ken Shelin, a concerned citizen, prepared an outline of the Barrier Islands Chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), which was forwarded to the Department of Community Affairs (DCA); that the DCA returned comments; that the status is not known; that the Commission gave the direction to include a Barrier Islands Chapter in the City's Comprehensive Plan; however, the status is not known. City Manager McNees stated that the recollection is the outline submitted by Mr. Shelin was not in the form or structure considered appropriate by the DCA for a comprehensive plan chapter; that Staff has not made an effort to advance the outline prepared by Mr. Shelin; that the status of preparation and inclusion of the Barrier Islands Chapter will be discussed with Staff. D. stated that an uncomfortable situation could have been avoided during the afternoon session in which the Lease Agreement between the City of Sarasota and Bacco's, LLC, to lease a portion of the Lemon Avenue Mall site adjacent to the Lemon Avenue entrance to the restaurant for use for outdoor dining was agendaed if the Commission was asked if leasing public space was desired; that the gentlemen representing Bacco's, LLC, was very disagreeable with her as she was sitting enjoying a glass of ice tea at Mattison's City Grille; that the gentlemen placed her on notice she was no longer welcome in the restaurant and was banned; that the gentlemen also indicated the City will be hearing from their attorney; that the legal standing is not known; however, a disagreeable situation could have been avoided if the Commission's desired direction were known; that a consistent policy for the manner in which the City will charge rent on City-owned property should be developed; that a variety of leasing schemes which include by table, revenue, or percentage of appraised value exist; that a consistent policy would assist with decision-making. Mayor Martin and Commissioner Bilyeu agreed. City Manager McNees stated that a set of policies will likely be developed due to the existence of different circumstances; that developing policies is supported. MAYOR MARTIN: A. stated that the joint meeting with the Sarasota Board of County Commissioners (BCC) and the Commission will be held on January 31, 2004; that past discussions regarding the Agenda included historic preservation and County support, the City/County Occupational Tax, and the City's Sports Complex; that the hope is the Memorandum of Understanding concerning the Sarasota Housing Authority discussed this evening will be in place by the time the joint meeting is held; that some further conversations regarding the conference center can take place. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Staff is hoping the Sarasota Consortium 2000 - 2005 Consolidated Plan (Consolidated Plan) will be an Agenda item as well. Mayor Martin stated that the consolidated plan will be included as an Agenda item. Commissioner Atkins stated that the topic of the public safety building was not mentioned as an Agenda item. Mayor Martin stated that. some meetings have been held regarding the public safety building; that a report could be provided at the joint meeting; that the Tourist Development Committee meeting will be held Thursday, December 16, 2004, at 5:00 p.m.i that the Tourist Development Committee has requested Staff to develop some cost estimates for the conference center concept; that Commissioner Atkins will be attending; that other Commissioners are encouraged to attend. B. stated that happy holidays are extended to everyone. BOOK 58 Page 29504 12/13/04 2:30 P.M. BOOK 58 Page 29505 12/13/04 2:30 P.M. C. stated that per the request of Commissioner Palmer, he is distributing a March/April 2004 publication of the Florida League of Cities, entitled, Quality Cities, which includes articles regarding mentoring in Florida's cities and building successful advisory boards. 26. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVII) CD 11:25 through 11:26 CITY MANAGER MCNEES: A. stated that last week was an amazing week for milestones in the City; that Commissioner Atkins already mentioned the demolition of the house on the Coon property; that the Southwest Florida Police Benevolent Association, Inc. (PBA), approved their contract; that thanks are expressed to Kurt Hoverter, Director of Human Resources, for his efforts; that a day was spent mediating a lawsuit of Alexander Lancaster individually and as Trustee et al versus the City of Sarasota; that a settlement agreement will be brought forth; that the Whole Foods Market Centre also opened; that the Unity Celebration could not be attended on Saturday, December 11, 2004, due to illness; that the last few weeks and months have been eventful; that everyone should reflect upon the City's recent successes. 27. ADJOURN (AGENDA ITEM XVII) CD 11:26 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of December 13, 2004, at 11:26 p.m. - Ruckae dlarfi RICHARD F. MARTIN, MAYOR ATTEST Ially E Roben a BILLY E. ROBINSON, CITY AUDITOR AND CLERK