This Commission Meeting was conducted utilizing Communications Media Technology. Some Staff members were present in the Commission Chambers while others were present via the Zoom application.

 

ELECTED OFFICIALS PRESENT IN CHAMBERS:

Shirley Groover Bryant, Mayor

Tamara Cornwell, Vice-Mayor, Commissioner-at-Large 2

Sunshine Joiner, Commissioner, Ward 2

Sheldon Jones, Commissioner-at-Large 1

Harold Smith, Commissioner, Ward 1

Brian Williams, Commissioner, Ward 3 (Entered the meeting at 4:33 pm)

 

STAFF PRESENT IN CHAMBERS:

Mark Barnebey, City Attorney (Entered the meeting at 4:36 pm)

Jim Freeman, City Clerk

Edward Johnson, Interim CRA Director (Not Present)

Mohammed Rayan, Public Works Director

Scott Tyler, Chief of Police

Cassi Bailey, Assistant City Clerk

Penny Johnston, Executive Assistant

 

 

STAFF PRESENT ELECTRONICALLY:

Todd Williams, Information Technology (IT) Consultant

 

 

   Mayor Bryant opened the meeting at 4:31 pm.

 

 

1.               DISCUSSION - OVERNIGHT PUBLIC PARKING RESOLUTION 2024-06

 

Mr. Freeman started the discussion by explaining the history of the Resolution regarding overnight parking in the City. Chief Tyler had previously suggested regulating certain parking lots within the City for overnight parking and the issuance of permits. This Resolution would address two lots in particular, as highlighted in the Agenda packet. The two parking lots are at 320 10^th Avenue West and the corner of 515 9^th Avenue West and 924 5^th Street West. The Resolution would designate an area in the parking lots to allow for overnight parking by permit only. Mr. Freeman emphasized that enforcement would be handled by Code Enforcement and the Police Department.

 

 Commissioner Cornwell questioned the following items: only allowing “cars vs. vehicle language”, a fee schedule, month to month permitting, if event parking would alter the enforcement, and hours of regulation. Mr. Freeman and Mr. Barnebey said these are all items that are up to the Commission’s discretion. Mr. Barnebey further clarified that there is no regulation during the daytime hours. Overnight parking is currently not allowed at all. Commissioner Cornwell further asked for explanation of the way the Resolution is titled and the sections are labeled. Chief Tyler also suggested putting further limitations on trucks of a certain size.

 

 

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February 5, 2024

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 Commissioner Williams was concerned with the addresses listed in the Resolution. Chief Tyler explained that the address listed in the agenda packet was incorrect and they would amend the address. The parking lot is behind the Palmetto library. Commissioner Williams went on to ask about commercial vehicles. Chief Tyler explained that he believed they should be allowed for trucks up to one ton. He also didn’t see a need to regulate commercial vehicles. It was reiterated that the permits would be for individual parking spaces.   Mr. Barnebey reported that the State of Florida is currently using that lot to park some of their vehicles. Commissioner Williams questioned if we needed to adjust our fees for non-commercial vs. commercial vehicles. Mr. Barnebey wouldn’t advise it and regulating that would be difficult. It was also noted that a one-ton truck is the equivalent of a Ford F350.

 

 Commissioner Smith asked why someone would want to park there overnight. The Chief responded that right now all city parking lots prohibit overnight parking. They have had an interest in allowing overnight parking. Mr. Barnebey noted that they were approached by Safe Harbor to allow them to park overnight, along with the State vehicles. The current City Ordinance does not allow for any overnight parking. Commissioner Smith asked about the liability if a car is broken into. A provision will be included in the permit to state the liability is on the owner of the vehicles. It is currently listed in the draft Resolution under Section 9 (5). Commissioner Smith asked if they appeal, why would it go to one person and not the City Commission. Commissioner Smith opined that it would be a conflict if it goes to one person. The Chief noted that they are currently using the Magistrate for appeals. Commissioner Smith doesn’t think it should be done like that. He believes anything that is done in the City, the Commission is responsible for.

 

 Commissioner Jones asked who will regulate this. The Chief responded that primarily this will be handled by the Police Department. Commissioner Jones opined that the Police Department has more important tasks to handle than this. The Chief reiterated that the current Ordinance prohibits people from using these parking lots overnight. Discussions continued regarding “night life” parking and various other reasons for allowing/prohibiting parking and the possibility of shortening the prohibited hours.

 

 Commissioner Joiner asked if there was a ballpark fee they are considering. Mr. Freeman responded not yet. He has begun researching other municipalities. He noted that he called Bradenton and they stated that they charge $40 a month, but it wasn’t clear which parking lot that was for, or the regulations that went along with it. He noted that the staff thinks around $300 a month might be more reasonable. Commissioner Joiner also opined that in regard to the appeal process, it would be timelier to go to the Mayor or the Magistrate, rather than the Commission.

 

 Mayor Bryant asked the Chief for clarification on how much time it would take for officers to “police” the vehicles that would be permitted to park in the lots. The Chief agreed that this wouldn’t be a large time-consuming task. They can require easily viewable “tags”. Mayor Bryant also opined on the benefit of the objectivity of having the magistrate handle appeals.

 

 Commissioner Williams expressed his concern with making it “worth it” for fees/time of monitoring. He was also concerned with the overnight parking timeframe. The Chief responded that it doesn’t have to be 24 hours, there are daytime hours that aren’t regulated. Commissioner Williams suggested possibly looking at the current Ordinance and changing it. The Chief is concerned with opening up a larger issue to allow for unlimited overnight parking. Commissioner Williams doesn’t know what the best solution is. The Chief wants direction from the Commission on whether to enforce the current Ordinance or not. Commissioner Williams also noted that they’ve discussed “Pay to Park kiosks” in the past. They weren’t in favor of it at the time.

 

 

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February 5, 2024

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 Commissioner Smith questioned if this will be exempt during special events. This Resolution doesn’t address different overnight parking for events. He also noted a law that Manatee County has if someone has been drinking, they can park their car and it won’t be towed. Mr. Barnebey stated that they could look into that. Commissioner Smith went on to question the permitting fees. The current Ordinance says there is no overnight parking. The Chief said there are currently 15-20 vehicles that are currently parking there overnight. Discussions continued on possible fees.

 

 Commissioner Cornwell thought of it in reverse of how the other Commissioners were describing. She believes they need to do something. It is currently against the law and taking up space from others using the parking spaces. The patrol officers are already patrolling the areas. They need to enforce the rule. She would like more information on the costs.

 

 Mr. Freeman recapped the discussion to get consensus on moving forward. The consensus was that it could be easily patrolled by the police officers. They also agreed that they need to do something and bring it back to a future Workshop for more discussion. A parking garage will also be part of the long-term discussion.

 

 Commissioner Williams discussed the parking spaces relating to the Marina.

 

 

2.               DISCUSSION - SURPLUS PORTION OF ERIE ROAD PROPERTY (Parcel # 659600059)

 

Mr. Freeman gave a brief history of a piece of property the City owns off 69^th Street at the Old Erie Road landfill site. On the front parcel, which is approximately 1.37 acres, a resident inquired about a portion of this parcel. He explained the reason the resident is interested in purchasing a portion of the property which is about .26 acres is because he owns the property West of that. The resident has been maintaining that piece of property for many years. The highlighted areas were included in the Agenda. Manatee County hasn’t raised any specific concerns, except for the gate at 69^th street. If the City surpluses that piece of property, the gate would need to be moved further North. Mr. Freeman noted that it would have to go through the normal process of surplusing the small piece of property, if the commission is interested. Mr. Freeman explained the next steps if the Commission is interested in moving forward.

 

 Commissioner Williams questioned the area on the agenda. He believed the Radio Club put up the gate. He also noted that there would need to be an area for a vehicle to turn around. He questioned what the value of that area was. Mr. Freeman wasn’t sure; it hasn’t been appraised. The resident wants access to his property through that area. He just wants .26 acres of the 1.37 acres the City owns.  The turnaround would need to be part of that .26 acres. Commissioner Williams stated that he’s in favor of doing it. Mr. Freeman reiterated that this would go out to bid and they could put conditions on it, for example, a turnaround area, property survey, and movement of the gate. We can also get it appraised.

 

 Commissioner Jones discussed the easement that he already has from the county to get to his property. Mr. Freeman clarified and agreed there is an access easement between his neighbors’ properties. The resident expressed wanting to have additional access. Commissioner Jones is not interested in surplusing this property at this time.

 

 Mayor Bryant commented on the subject. They have reached out to Manatee County and they have declined to state if they have any interest in that property. It’s up to the discretion of the Commission.

 

 

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February 5, 2024

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 Commissioner Cornwell questioned where on the map the old landfill was. Todd Williams and Mr. Freeman brought up Google Earth and zoomed in on the referenced area. She stated that she is hesitant to get rid of that property at this time. She believed they didn’t know enough about the property’s history as well.   Mr. Barnebey spoke to the possibility of selling the property “as is”. They would have to do an environmental survey on the site. Commissioner Cornwell believes if we discover there are pollutants, we will then be responsible. She asked if they can ask people like Allen Tusing if they know any of the history of that property. She also opined that they could possibly allow him access to cross the property, and he can be responsible for upkeep. From the looks of it, he has already fenced off the area. We could possibly give him an access easement.

 

 Mayor Bryant explained further the history of the property and Manatee County’s previous desire to possibly add more soccer fields in the area.

 

 Commissioner Smith questioned the fence on his property. The City’s portion of the property was discussed. The resident only wants to buy the .26 acres of the City’s property.

 

 Mr. Freeman asked for a consensus to move forward.

 

 Commissioner Joiner would be open to selling the property or offering an access easement.

 

 Commissioner Jones also noted that somebody already fenced in that area. He doesn’t want to sell it, but he doesn’t have a problem with the resident maintaining it.  He believed we need to legally have paperwork saying either way. He opined that he could possibly lease it or move the fence. He is open to leasing it.

 

 Mr. Freeman and Mr. Barnebey agreed that he would need an easement over that area if he’s going to use that area or there’s a problem with his fence being on the property. Giving him an easement may make him happy.

 

 Commissioner Smith asked if the County told them to fence that in. It was answered, not that we know of.

 

 

This will be brought back to a future Workshop for further discussion.

 

 

 

Mayor Bryant adjourned the meeting at 6:01 pm.