BOOK 54 Page 25797 07/07/03 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 7, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT : Vice Mayor Richard F. Martin PRESIDING: Mayor Palmer 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. INTRODUCTION OF NEW EMPLOYEE JOHN HAWTHORNE, NEWTOWN REDEVELOPMENT SPECIALIST, REDEVELOPMENT DEPARTMENT CD 2:30 Mayor Palmer stated that prior to beginning the Agenda, the City Manager will introduce a new City Staff member who is present in the Commission Chambers. City Manager McNees introduced and welcomed John Hawthorne, Newtown Redevelopment Specialist, Redevelopment Department; requested Mr. Hawthorne join him and the Commission at the Commission table; and stated that Mr. Hawthorne has an extensive background in economic development and has performed a significant amount of work with the City of Albany, Georgia; that Mr. Hawthorne is extremely well qualified for the position; that a Newtown Redevelopment Specialist was necessary to achieve the work desired in the Newtown community; that having Mr. Hawthorne employed with the City is exciting. Mayor Palmer stated that having Mr. Hawthorne employed with the City as the Newtown Redevelopment Specialist is pleasing. Mr. Hawthorne stated that the opportunity to come to Sarasota and be a part of the redevelopment of an area in which redevelopment is truly necessary is exciting; that he has already met with Staff to obtain the background of the Newtown area; that Staff provided a briefing during which he was informed of an issue requiring his immediate attention; that work will commence immediately which was the expectation. Mayor Palmer stated that Mr. Hawthorne, based upon his background, will undoubtedly begin the necessary work immediately; that the Commission welcomes Mr. Hawthorne to Sarasota. 2. CHANGE TO THE ORDERS OF THE DAY = APPROVED CD 2:31 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. IV-A-6, Approval Re: Charles Ringling Park Drainage Easement for the removal of public storm drainage piping for private property, per the request of City Engineer/Director Daughters. Mayor Palmer asked if the Commission had any objections to the Change to the Orders of the Day. Mayor Palmer stated that hearing no objections, the Change to the Orders of the Day are approved by unanimous consent. 3. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:31 There was no one signed up to speak. 4. APPROVAL RE: : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JUNE 13, 2003, THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JUNE 16, 2003, AND THE MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JUNE 23, 2003 = APPROVED (AGENDA ITEM II-1, 2 AND 3) CD 2:32 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the Special City Commission meetings of June 13 and 23, 2003, and the Regular City Commission meeting of June 16, 2003, are approved. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6, = APPROVED (AGENDA ITEM IV-A) CD 2:32 BOOK 54 Page 25798 07/07/03 2:30 P.M. BOOK 54 Page 25799 07/07/03 2:30 P.M. 1. Approval Re: Authorize funding from the Surcharge Capital Reserve Account, in an additional funding amount not to exceed $24,000, (Bid #03-49N) to repair the joint system in the upper grandstand of the stadium. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Permanent Easement between the City of Sarasota and Sarasota County for the proposed sidewalk easement at Lockwood Ridge Road and 12th Street. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement between the City of Sarasota and James V. and Kathie J. Snyder for potable water service for a developed site located at 3017 Arlington Street. 4. Approval Re: Award of purchase order to Nutri-Source, Inc., (Bid #03-39N) for the purchase and delivery of Sawdust Amendment Material, on an as needed basis, to mix with the belt pressed wastewater treatment plant sludge in the City's in-vessel compost facility. 5. Approval Re: Authorize the Neighborhood Development Department to use up to $4,000 from the Neighborhood Grant Program to fund the cost of registration for up to 100 City neighborhood leaders, maximum of three representatives per association, to attend the Florida Neighborhoods Conference. 6. Approval Re: Charles Ringling Park Drainage Easement for the removal of public storm drainage piping for private property, per the request of City Engineer/Director Daughters. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Items 1 through 6, inclusive. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Servian, yes; Palmer, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1627) ADOPTED; ITEM 2 (RESOLUTION NO. 03R-1630) = ADOPTED; ITEM 3 (RESOLUTION NO. 03R-1632) ADOPTED ; ITEM 4 (ORDINANCE NO. 03-4475) = ADOPTED ; ITEM 5 (ORDINANCE NO. 03-4477) ADOPTED; ; AND ITEM 6 (ORDINANCE NO. 03-4478) ADOPTED (AGENDA ITEM IV-B) CD 2:32 through 2:35 1. Adoption Re: Proposed Resolution No. 03R-1627, naming two new parks within the Park East Neighborhood community; identifying the park at East and Eighth Streets as Shenandoah and the new park located in the right-of-way of Eighth Street between Lime Avenue and Tuttle Avenue as Tuttle Walkway Park; making findings; etc., (Title Only). 2. Adoption Re: Proposed Resolution No. 03R-1630, affirming that the housing proposed for construction by Peninsula Affordable Housing, Inc., for low-income persons is consistent with local plans and regulations. 3. Adoption Re: Proposed Resolution No. 03R-1632, appropriating $89,500 from the unappropriated fund balance of the General Fund to pay the settlement agreement of the Manasota Post Polio Support Group versus City of Sarasota, as approved by the City Commission on June 23, 2003. 4. Adoption Re: Proposed Ordinance No. 03-4475, to vacate the northerly 175 feet of that certain platted 10 foot wide easement between Orchid Street and Siesta Drive east of Honeysuckle Drive being the east 10 feet of Lots 1 and 2 Block E, Hartland Park, as more particularly described herein; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc., (Title Only) (Applicant Charles D. Bailey, III of Icard, Merrill, et al., as agent representing Sun Siesta, L.L.C., a Florida Limited Liability Corporation). 5. Adoption Re: Proposed Ordinance No. 03-4477, to amend Ordinance No. 96-3937 which conditionally rezoned property located at 2195 First Street (a/k/a 41 North School Avenue) to the Medical, Charitable, Institutional (MCI) Zone District (a/k/a the YMCA); said amendment consists of the substitution of Site Plan Application No. 03-SP-15 for previously approved Site Plan Application No. 96-PSD-H to enable the expansion of the existing short term housing facility to accommodate four (4) additional beds as part of the YMCA Kalish House, as detailed in Site Plan Application No. 03-SP-15; approving the substituted Site Plan Application No. 03-SP-15; providing for conditions; repealing ordinances in conflict; etc., (Title Only) (Applicant Morgan R. Bentley, Esq., as agent representing Sarasota Family BOOK 54 Page 25800 07/07/03 2:30 P.M. BOOK 54 Page 25801 07/07/03 2:30 P.M. Young Men's Christian Association, Inc. YMCA) as owner). 6. Adoption Re: Proposed Ordinance No. 03-4478, to rezone property located at 2635 Fruitville Road presently known as the Elks Lodge, from the Medical, Charitable, Institutional (MCI) to the Office Regional District (ORD) Zone District to allow a +16,470, sq. ft. office building proposed to be located on the southwest corner of the subject property, a/k/a The Community Foundation of Sarasota County; approving Site Plan Application No. 03-SP-07 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning, including the requirement of the future development of the balance of the subject property be required to undergo site plan review at such time as a specific development is proposed; etc., (Title Only) (Applicant E. Ralph Tirabassi, Esq., as agent representing CFSC Asset Company LLC, as Owner). City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1627, 03R-1630, and 03R-1632, and Ordinance Nos. 03-4475, 03-4477, and 03-4478 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes. 7. UNFINISHED BUSINESS: APPROVAL RE: REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARASOTA AND THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY REGARDING THE LOCATION OF THE COUNTY SEAT = APPROVED (AGENDA ITEM VI-1) CD 2:35 through 2:40 Mayor Palmer referred to the revised June 17, 2003, Proposed Memorandum of Understanding to Adopt Principles of Agreement between the Sarasota Board of County Commissioners (BCC) and the City Commission included in the Agenda backup material; and stated that the revised Memorandum of Understanding includes the change in the term of assignment to 2018 as previously discussed with City Manager McNees, Shannon Staub, BCC Chair, and James Ley, County Administrator; that the revised Memorandum of Understanding includes the change in the term of assignment to 15 years as follows: County agrees to assign to the City for 15 years, or unless otherwise mutually agreed upon, air rights to three surface lots on Morrill, Main Streets and US 301, and Adams Drive and US 301 for the purpose of building public parking facilities and providing an option for commercial tenancy provided such uses replace current County parking on site, or otherwise agreed to, and that commercial uses are mutually agreed upon. Mayor Palmer continued that City Manager McNees, Shannon Staub, BCC Chair, who is present in the Commission Chambers, and James Ley, County Administrator, met to clarify language included in the original Memorandum of Understanding which was causing a misunderstanding and difference of opinion; that the following language was developed: City will repay the County TIF [Tax Increment Financing] overpayment as previously agreed by the City and County including cash in the amount of $460,648 and capital projects. As to City TIF overpayments, it is agreed these will be allocated to City capital projects. Both parties agree to apply the $460,648 to offset costs associated with the SCAT [Sarasota County Area Transit] transfer station. Both parties agree this additional allocation of funds, applied to design, construction, parking mitigation and site related costs, will satisfy all expectations for City and County financial contributions. Mayor Palmer further stated that the language provides a resolution which addresses funding issues related to the SCAT transfer station; that the TIE overpayment of $460,648 will be utilized for both design and costs associated with the SCAT transfer station. Commissioner Servian asked if utilizing the funds for site related costs includes landscaping the site? Mayor Palmer stated yes; that the funds for site related costs include landscaping, parking, and design. BCC Chair Staub came before the Commission and stated that the County is presently in negotiations concerning costs related to mitigation of the SCAT transfer station site; that any remaining BOOK 54 Page 25802 07/07/03 2:30 P.M. BOOK 54 Page 25803 07/07/03 2:30 P.M. funds will be applied to design alternatives; that the architect has recently indicated a desire for enhancements to the existing design. Mayor Palmer stated that discussions have ensued regarding matching funds through the Florida Department of Transportation (FDOT); that the County will research the possibility; that decisions are not based on receiving matching funds through FDOT since the availability of funding is not certain. BCC Chair Staub stated that the County has not communicated with FDOT since FDOT must have a design for the SCAT transfer station site prior to making funding available; that the possibility of receiving a match in funding will be discussed with FDOT once the desired design for the SCAT transfer station site has been determined. Mayor Palmer stated that the Memorandum of Understanding includes only $460,648 as repayment to the County which would be applied if the City and County agree. Commissioner Atkins stated that having a resolution to the TIF overpayment issue is pleasing. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve the Memorandum of Understanding between the City of Sarasota and the Board of County Commissioners of Sarasota County as revised. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Servian, yes; Palmer, yes. BCC Chair Staub stated that the cooperative effort between the City and County to resolve the issue of the County seat remaining in the Downtown is appreciated; that a trial by fire is sometimes necessary to reach a good solution; that the situation is good for both the County and the City; that the effort extended by Mayor Palmer and City Manager McNees to work with the County concerning some difficult issues is appreciated; that a good relationship is anticipated; that the County and City will be working in a cooperative effort going forward; that the media will be stunned. 8. UNFINISHED BUSINESS : DISCUSSION AND DIRECTION RE : ISSUES RELATED TO THE FLORIDA WEST COAST SYMPHONY = 1) AFFIRMED THE COMMITMENT OF THE CITY TO DEDICATE FOUR ACRES OF CITY- OWNED PROPERTY IN THE CULTURAL DISTRICT TO THE FLORIDA WEST COAST SYMPHONY, 2) REQUESTED THE CITY ATTORNEY'S OFFICE, THE SYMPHONY, AND THE SARASOTA RENAISSANCE TO SEEK A DECLARATORY JUDGMENT CONCERNING THE VIEW CORRIDOR EASEMENT AMENDMENT IF THE SYMPHONY AGREES TO LOCATE IN THE FOUR ACRES OF CITY-OWNED PROPERTY IN THE CULTURAL DISTRICT, AND 3) DIRECTED THE ADMINISTRATION TO WORK WITH THE SYMPHONY REGARDING CONSTRUCTION OF A FEE-BASED PARKING GARAGE AND DEVELOPMENT OF AN AGREEMENT INVOLVING ALL PARTIES, WORK WITH THE SYMPHONY TO ALLOW USE OF LEASEHOLD IMPROVEMENTS, L NOT TO INCLUDE THE UNDERLYING PROPERTY FOR DEBT COLLATERAL, AND TO REPORT BACK THE ACTION OF THE SYMPHONY BOARD REGARDING THE COMMISSION'S DIRECTION (AGENDA ITEM VI-2) CD 2:40 through 3:06 Bryan Langton, Vice President, Florida West Coast Symphony, and Hope Leuchter, President, Executive Committee of the Board of Directors, Florida West Coast Symphony (Symphony), came before the Commission. Ms. Leuchter stated that Mr. Langton chairs the Site Committee for the Symphony; that the opportunity to come before the Commission once again is appreciated; that the Commission has been exceedingly gracious; that the City Manager has been available to the Symphony; that working with the City Manager has been a pleasure; that greetings are extended to the Commission. Mr. Langton stated that the Symphony will be making a presentation to the Symphony Board of Directors (Symphony Board) on July 10, 2003; that the desire is to present an accurate statement of the Commission's position at the meeting; that the Commission's guidance is sought at this time; that the assistance and understanding provided by the Commission and the Administration over the last few weeks is appreciated. Mr. Langton continued that six issues were identified in the July 1, 2003, Commission Workshop; that the first issue is land; that the Commission previously indicated in principle to dedicate four acres of land to the Symphony which is delightful; that the second issue relates to the view corridor easement; that the view corridor easement issue was discussed at length at the July 1, 2003, Commission Workshop; that the City Manager has indicated the possibility of support to obtain a declaratory judgment concerning the view corridor easement amendment; that the Symphony has discussed the possibility of meeting with the Sarasota Renaissance developers and the condominium owners affected by the BOOK 54 Page 25804 07/07/03 2:30 P.M. BOOK 54 Page 25805 07/07/03 2:30 P.M. view corridor to discuss locating a Concert Hall at a different location in the 35 acre Cultural District site; that the City Manager and the Symphony have agreed the Symphony Board should make the ultimate decision since the decision will possibly be based on the inherent risk which has been previously discussed and quoted from a June 25, 2003, memorandum to the Commission from City Attorney Taylor regarding the Symphony and the view corridor easement as follows: I must advise the City Commission that my office can offer no solution to view corridor issues which will eliminate all possible risk. Mr. Langton further stated that the third issue is parking; that guidance from the Commission is critical; that a commitment from the Symphony Board to continue to work closely with the City is necessary; that the work is not easy and costs are an issue regardless of the decision concerning the Cultural District; that the belief is a fair and equitable solution regarding parking can be identified. Mr. Langton stated further that the fourth issue is feasibility which is a great concern to the Commission; that the Symphony is privately owned and financed; that the Symphony has withheld nothing from the City; that the Symphony's audit committee has been requested to review all the financial projections and will be making a statement to the Symphony Board shortly; that Phase One for expansion of the Symphony was and remains construction of a new 1,600 seat concert hall; that the cost will be approximately $25 million funded through use of existing funds, grants, foundation grants and an aggressive building fund campaign; that the remaining costs will be met by debt; that the City's fiduciary responsibility is recognized; that the 55 member Symphony Board also has a fiduciary responsibility; that the City and the Symphony should work together to provide the community with a well planned Cultural District in which the Symphony will play a major part; that the partnership will lead to the drafting of agreements and the release of financial information; that financial information will be provided after the exact information necessary is identified by the City Manager and the Finance Department; that the Commission's concerns regarding financial information were discussed with the Symphony Board; that the Symphony Board should decide the extent to which the Symphony's financial detail should be made public. Mr. Langton stated that the fifth issue is a list of alternative sites which was received from the City Manager; that due diligence is being performed on the alternative sites and is almost complete; that most of the sites are too small to meet the Symphony's needs apart from possibly one Bayfront site; that one or two sites are too close to the Sarasota/Bradenton International Airport; that the Artistic Director would likely not appreciate the noise generated by a Boeing 747 jet flying over the Concert Hall while the Symphony is performing Tchaikovsky; that the shape and tract of some alternative sites are not conducive to the Symphony's needs. Mr. Langton continued that a sixth issue has been identified which is considered a very promising solution; that one new site in the Downtown has recently been brought to the Symphony's attention; that the new site is very interesting; that the Symphony Board has not been apprised of the new site due to time constraints; that further discussions have ensued since initial conversations with the developer and builder; that the developer has not yet completed the purchase of all the land but is progressing quickly; that the developer understands the desires and requirements of the Symphony; that the City Manager previously questioned if the Symphony will consider a standalone concert hall and remain in the existing Beatrice Friedman Symphony Center for education and administration; that the Symphony indicated at the time the ideal situation was for one campus; that the Symphony Board agreed to the concept of one campus; that the ideal scenario is not, however, always achieved; that the Beatrice Friedman Symphony Center would be retained for education and administration since the tract of land is not sufficiently large for a campus concept. Mr. Langton further stated that the Symphony's goal is to locate a site and remain in the Downtown, preferably in the Cultural District, which is the reason for earnestly seeking the Commission's guidance; that he is the messenger to the Symphony Board; that the duty of a messenger is difficult; that the Commissioners are decision makers; that he was a decision maker prior to retiring; that a presentation will be made to the Symphony Board; that the patience and support afforded by the Commission is appreciated; that final guidance prior to going before the Symphony Board is requested. Mayor Palmer stated that the alternative sites will be addressed by the Symphony Board; that the Commission cannot provide direction regarding the alternative sites but can indicate the desire for the Symphony to remain in the Downtown; that the Symphony is seeking direction regarding four issues which are: BOOK 54 Page 25806 07/07/03 2:30 P.M. BOOK 54 Page 25807 07/07/03 2:30 P.M. 1) legal action to seek declaratory judgment concerning the view corridor easement amendment, 2) affirmation of the commitment to dedicate four acres of City-owned property in the Cultural District to the Symphony, 3) the ability of the Symphony to use leasehold improvements for debt collateral, and 4) provide direction to the Administration concerning the funding of parking facilities in the Cultural District. Mayor Palmer continued that the question concerning declaratory judgment concerning the view corridor easement amendment will be addressed by the City Attorney's Office; that the issue requires resolution regardless of the Symphony's decision. City Attorney Taylor stated that the City Attorney's Office will seek to obtain declaratory judgment if the Commission chooses to take the lead in clearing the matter regarding the view corridor easement; that an alternative is to do nothing if issues are not pending or imminent in which case someone else can incur the expense of obtaining the declaratory judgment rather than the City; that the indication is the City would take a leadership role by seeking declaratory judgment; that a different legal position which is to do nothing would be advised if the facts were different. Mayor Palmer stated that the issue regarding the view corridor easement requires resolution regardless of the decision of the Symphony; that the Commission should commit to moving forward to address the issue of the view corridor easement; and asked the Administration's recommendation concerning parking. City Manager McNees stated that based on the Commission's discussion, the Administration recommends the City agree to work cooperatively with the Symphony and other potential users which may develop as a result of the Cultural District Master Plan toward a fee-based parking structure or system within the Cultural District; that estimated fees have been calculated based on conservative estimates of usage and costs; that a fee-based parking structure is a feasible alternative and is a direction which should be pursued. Mayor Palmer stated that the four issues originally discussed are dedication of the four acres of land, the view corridor easement, parking, and financial assistance. Commissioner Servian asked if a timeframe for payback was identified regarding a fee-based parking arrangement? City Manager McNees stated yes; that the calculation was based on a reasonable parking fee of $2.00 to $3.00 with a reasonable assumption of the number of times a day or week the parking space would be utilized over a 20 year timeframe; that operating expenses would also be covered. Commissioner Servian stated that having sufficient ongoing operating revenue to support a 1,600 seat concert hall is important; that a financial projection of operating revenues is important to review if the Symphony were to remain on the Bayfront and build a 1,600 seat concert hall; that the City does not desire to dedicate four acres, construct a parking garage, and have the building unused in five years which is the reason for requesting financial projections. Mr. Langton stated that financial projections will be provided. Ms. Leuchter stated that any financial facts will be forthcoming provided the City and the Symphony are able to arrive at an agreeable program; that financial facts at this time are not being made public. Mayor Palmer stated that the cost of the building, the anticipated funding, and detailed financial information are necessaryi that the property being dedicated to the Symphony is public which is the reason for requiring detailed financial information; that the City will be financially responsible to the entire community; that financial details are important. Commissioner Servian stated that the prudent manner is to provide direction to the City Attorney to obtain declaratory judgment concerning the view corridor easement amendment pending the Symphony Board's decision. Commissioner Atkins agreed. Mayor Palmer stated that the hope is for a tripartite situation involving the Sarasota Renaissance, the Symphony and the City. Commissioner Bilyeu stated that money, timing, and convenience drive real estate development; that an additional alternative site has been identified by the Symphony; that consensus of the Commission is requested to address the view corridor issue regardless of the outcome of the location of the Symphony; that BOOK 54 Page 25808 07/07/03 2:30 P.M. BOOK 54 Page 25809 07/07/03 2:30 P.M. the City has given away some valuable air rights in the past without obtaining an appraisal; that the previous Commission may have thought the choices were good at the time to spur development; that the Commission may decide to build a higher facility up to 90 feet in the future; that the costs associated with a declaratory judgment should be provided; that the declaratory judgment will take more than a few months; that the Symphony should remain in the Downtown; that discussions were held with the attorney for the Sarasota Renaissance; that the attorney has been accommodating concerning the view corridor easement; that the Sarasota Renaissance Condominlum purchasers should, however, have a good view; that dedication of four acres to the Symphony is supported; that a fee-based parking system is fair and equitable; that having two competing concert halls is not considered a problem; that restaurants frequently locate in close proximity which draws people together; that the Symphony will have a difficult decision to make in the next few days; that the hope is the Commission has been accommodating; that the time and effort extended by the Symphony is appreciated. Mayor Palmer stated that hearing no objections, the Commission's consensus is reached to: 1) affirm the commitment of the City to dedicate four acres of City-owned property in the Cultural District to the Florida West Coast Symphony, 2) request the City Attorney's Office, the Symphony, and the Sarasota Renaissance to seek a declaratory judgment concerning the view corridor easement amendment if the Symphony agrees to locate in the four acres of City-owned property in the Cultural District, 3) direct the Administration to work with the Symphony regarding construction of a fee-based parking garage, and 4) development of an agreement involving all parties to work with the Symphony to allow use of leasehold improvements, not to include the underlying property, for debt collateral; that details concerning finances should be addressed by the City Attorney; that a commitment has been made by the Commission to work with the Symphony on the four issues; that the Symphony's representatives should provide the Symphony Board with the Commission's direction regarding the four issues; that representatives of the Symphony are requested to report back the action of the Symphony Board regarding the Commission's direction. Commissioner Servian stated that the Symphony would fundamentally like to use the leasehold improvements as collateral for bonding in the future; and asked if a problem is presented by doing so? City Attorney Taylor stated that agreements have been and can be structured to protect the City. Mr. Langton stated that the Commission's guidance was sought and received which is appreciated; that the Symphony Board now has an opportunity to discuss the direction which has been provided by the Commission. Ms. Leuchter stated that the Commission has been amazingly cooperative; that direction has been received and will be presented to the Symphony Board; that the Symphony Board will be able to make a decision which is important. 9. UNFINISHED BUSINESS: STATUS REPORT RE : DOWNTOWN SARASOTA MOBILITY STUDY AND DOWNTOWN PARKING MASTER PLAN CITY AUDITOR AND CLERK TO SCHEDULE A TIME FOR A WORKSHOP DURING THE MONTH OF AUGUST 2003; REFERRED POSSIBLE EXPANSION OF THE BOUNDARY IN THE DOWNTOWN PARKING MASTER PLAN TO TENTH STREET TO THE ADMINISTRATION (AGENDA ITEM VI-3) CD 3:06 through 3:34 Mayor Palmer stated that a status report will be provided regarding the Downtown Sarasota Mobility Study (Downtown Mobility Study) and the Downtown Parking Master Plan. Sam Freija, Transportation Engineer, Engineering Department, came before the Commission and stated that in January 2001, the Commission adopted the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020, which included recommendations for improvements in the traffic infrastructure but indicated further analysis was necessary prior to moving forward with the improvements; that the Downtown Mobility Study is to complement the Downtown Master Plan 2020; that in February 2002, the Florida Department of Transportation (FDOT) and the City selected Kimley- Horn and Associates, Inc. Kimley-Horn), to conduct the Downtown Mobility Study; that in April 2002, the FDOT gave Kimley-Horn the authorization to initiate the Downtown Mobility Study; that several meetings were conducted with the Downtown Mobility Study's Technical Advisory Team during the process. Mr. Freija referred to the goals and objectives of the Downtown Mobility Study identified in the July 2, 2002, study meeting displayed on the Chamber monitors which are to: BOOK 54 Page 25810 07/07/03 2:30 P.M. BOOK 54 Page 25811 07/07/03 2:30 P.M. Determine role of State Highway System throughout Downtown; - Assess quality level of service for pedestrian, bicycle, and transit travel modes; Identify modifications to Transportation Concurrency Exception Area (TCEA) and other policies; Determine hurricane and emergency response capabilities and times for Downtown and barrier islands; and Identify roadways impacted by new distribution of traffic. Mr. Freija stated that a determination was made in the Downtown Master Plan 2020 to de-designate US 41 as a Federal highway which was also a concern of FDOT; that FDOT is a co-manager of the Downtown Mobility Study and hired Kimley-Horn with the assistance of City Staff; that the study process is lengthy and has taken 15 months; that the study is in the final stages; that an August 5, 2003, Implementation Plan Workshop is planned with Kimley-Horn which will be the final workshop; that a Downtown Mobility Study booklet and the recommendations received at the September 5, 2002, Study Kick-off Workshop and the April 15, 2003, Alternatives Development Workshop are being prepared; that a significant number of comments were received, particularly regarding the de-designation of US 41; that the scope of service and the main objective of the Downtown Mobility Study is to inform the Commission if the recommendations in the Downtown Master Plan 2020 are feasible and could function without impacting the hurricane evacuation route, the State highway, and any other modes within the study boundaries. Mr. Freija continued that the study boundaries are Mound Street to the south, Tenth Street to the north, the Bayfront to the west, and US 301 to the east; that a secondary boundary has been identified as Tuttle Avenue to the east, Bahia Vista Street to the south, and 17th Street to the north and the Barrier Islands to the west since these areas would also be affected; that Staff held the following six meetings with the Technical Advisory Team which provided on-going technical review and study direction: Meeting Date Study goals and objectives July 2, 2002 Development of performance standards July 23, 2002 and measures Review of data collection and September 10, 2002 analysis results Preliminary review of alternative December 5, 2002 development and analysis Development and evaluation of February 6, 2003 strategies for implementing study May 7, 2003 recommendations Mr. Freija further stated that the Technical Advisory Team consists of technical staff from the Planning and Engineering Departments, the Sarasota/Manatee Metropolitan Planning Organization (MPO), Sarasota County, Sarasota County Openly Plans for Excellence (SCOPE), the Sarasota County Area Transit (SCAT), and the Downtown Association of Sarasota, Inc. (Downtown Association); that the MPO's Citizens Advisory Team also oversees the process by conducting meetings to provide on-going input, direction, and comment during the study; that notification materials, meeting materials, and meeting notes were prepared for each of the following four meetings: November 7, 2002 January 27, 2003 - March 17, 2003 May 7, 2003 Commissioner Atkins asked the extent of involvement of the MPO in the process? Mr. Freija stated that the MPO is involved through being a part of the Technical Advisory Team; that every task accomplished must be reviewed by the Technical Advisory Team; that the MPO provides feedback and comments; that the MPO's Citizens Advisory Team also makes recommendations; that the MPO is involved since the study affects State highways and since the MPO's Long Range Transportation Plan will require modification if the recommendations in the study are approved. Commissioner Servian asked the expected completion date of the study? Mr. Frieja stated that completion is anticipated by September 2003; that the Implementation Plan Workshop is scheduled for August 5, 2003; that all the recommendations, costs, and impacts of each alternative as well as the responsible parties to implement the recommendations will be reviewed. Commissioner Servian asked the plan once the study is completed. BOOK 54 Page 25812 07/07/03 2:30 P.M. BOOK 54 Page 25813 07/07/03 2:30 P.M. Mr. Frieja stated that upon completion, the Downtown Mobility Study could be brought before the Commission for review in September 2003; however, the preference is for a Commission workshop in October 2003; that a full presentation will be provided to the Commission by Kimley-Horn; that the Commission can provide feedback; that refinements will be made prior to bringing the Downtown Mobility Study before the Commission for adoption at a Regular Commission meeting; that the Downtown Mobility Study will then be incorporated into the MPO's Long Range Transportation Plan if the Commission adopts the Downtown Mobility Study; that the last step will be to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the Downtown Mobility Study will be presented in the form of a booklet and will be a master plan for the next 20 years. Commissioner Servian asked the number of years necessary to implement all the recommendations included in the Downtown Mobility Study? Mr. Frieja stated that the duration of the Downtown Mobility Study is 20 years; that some improvements will be made within the first five years and some will be within the 10, 15 and 20 year timeframe. Commissioner Servian stated that the people living on the barrier islands have requested some of the improvements recommended in the Downtown Mobility Study not move forward toward implementation; that the people living on the barrier islands do not support US 41 along the Bayfront being narrowed to two lanes; that the timeframe for implementing the improvements is a concern. Mr. Freija stated that approximately two years is necessary for the approval process; that the process is complicated; that the City nor the State owns the right-of-way along the Bayfront which further complicates the issue; that the first obstacle is the FDOT; that a presentation will be made to the FDOT District Secretary on July 26, 2003, which will provide an overview of the consultant's recommendations; that the recommendations are not new and are included in the Downtown Master Plan 2020; that the presentation is being made to obtain feedback concerning the recommendations from the FDOT District Secretary; that some improvements will be implemented sooner such as a roundabout at Palm Avenue and Ringling Boulevard depending on the availability of funds. Mayor Palmer asked if the projections for implementation of the recommendations will be provided at the Commission workshop in October 2003? Mr. Freija stated yes; that recommendations will be made to implement certain improvements during a specified timeframe; that the costs regarding each improvement will also be provided. Mayor Palmer referred to the Project Status Report of Completed Deliverables, in Process Activities and Critical Action Items included in the Agenda backup material; and stated that Task 4.0, Data Analysis indicates a completed deliverable as follows: Forecasted Year 2025 Traffic and identified significant discrepancies between the model's input data and system's characteristics based upon adopted Downtown Master Plan 2020. Mayor Palmer asked for clarification regarding the phrase "significant discrepancies. Mr. Freija stated that the model was created region-wide and includes Manatee and Sarasota Counties; that the model is not fine-tuned to one area; that the model was narrowed to the Downtown area to ensure the classification of roadways is appropriate; that one discrepancy found in the model was Cocoanut Avenue which was assigned as a four lane roadway rather than a two lane roadwayi that some projected land use issues were not accurate and were refined to make the model consistent with current data. Mayor Palmer stated that the assumption is all the discrepancies have been identified since the item is indicated as a completed deliverable. Mr. Freija stated that is correct; and continued that in January 2003, the Commission approved the scope of services and the selection of Tindale-Oliver in association with Truitt Consulting International, Inc., and DKS Associates to develop the Downtown Parking Master Plan; that the City desires the development of a comprehensive strategic plan and business plan for the Downtown parking system which will be consistent with the planning and design principles of the Downtown Master Plan 2020; that strategic areas requiring future parking in the Downtown were identified; BOOK 54 Page 25814 07/07/03 2:30 P.M. BOOK 54 Page 25815 07/07/03 2:30 P.M. that the main goals of the study are to: 1) support the established economic development and land use plan, vision and goals of the City, 2) accurately assess the operating and marketing parameters of the Downtown parking system, 3) develop a needs assessment and recommend specific solutions to parking, 4) define the appropriate and optimum role of the City in the Downtown parking system, 5) create a strategic and business plan to fulfill the role, and 6) deliver the financial data and operating policies to support the context of sound fiscal and management practices. Mr. Freija further stated that 26 Stakeholder meetings/ interviews and five open houses with individuals and groups were held to introduce the project; that Stakeholders first met with City Staff to finalize objectives, the work plan, and schedule of the project; that an inventory of Downtown off and on-street parking was conducted; that the Downtown Parking Master Plan study boundaries are Mound Street to the south, Sixth Street to the north, the Bayfront to the west, and School Avenue to the east; that the boundaries are consistent with the Downtown Mobility Study. Mayor Palmer stated that the boundaries are not consistent with the Downtown Mobility Study. Commissioner Atkins agreed. Mr. Freija stated that the boundaries are consistent with the Community Redevelopment Area; that the boundaries in the Downtown Mobility Study extend as far as Tenth Street since most of the traffic issues begin at Tenth Street. Commissioner Atkins stated that the boundary was previously indicated as 17th Street and Tuttle Avenue. Mr. Freija stated that 17th Street and Tuttle Avenue are the secondary boundaries; that two boundaries have been identified; that the primary boundary is Tenth Street to the north; that Kimley-Horn recommended the study begin at Tenth Street and be expanded as far as 17th Street and Tuttle Avenue since some roadways may be affected by the de-designation of US 41 or some improvements which may be implemented along US 41. Mayor Palmer stated that Tenth Street was previously indicated as the boundary for the Downtown Mobility Study and Sixth Street was identified as the boundary for the Downtown Parking Master Plan; that the Sixth Street boundary does not include the entire Community Redevelopment Area to the north. Mr. Freija stated that Tindale-Oliver, the consultant for the Downtown Parking Master Plan, indicated Sixth Street was an appropriate boundary for the study; that a need to extend the boundary as far as Tenth Street was not indicated. Mayor Palmer stated that Sixth Street may not be the appropriate boundary; that the boundary may need to extend further north; that the hope is the consultant will be sufficiently flexible if extending the boundary further north is appropriate; that parking needs may not be as great as in the Downtown area but should be considered. Mr. Freija stated that the understanding is the boundary for the Community Redevelopment Area is Sixth Street. Commissioner Servian stated that the boundary for the Community Redevelopment Area extends to Tenth Street. Mayor Palmer agreed; and stated that the Downtown Parking Master Plan should incorporate the entire Community Redevelopment Area. Commissioner Servian stated that high growth is projected for the Community Redevelopment Area over the next few years. Mr. Freija stated that the boundaries are presently Mound Street to the south, Sixth Street to the north, and School Avenue to the east; that Phase I is complete which included inventory data collection of existing parking supply and related information within the entire boundary of the identified study area which includes off and on-street parking; that Geographic Information System (GIS) maps were developed by study area and parking sub- zone for specific parking facility characteristics, including type, classification, and utilization by time of day; that a Discussion Group is scheduled for July 9, 2003, in which information will be shared with Stakeholders; that the Downtown Mobility Study can be presented to the Commission in August or September 2003; however, a likelier time is October 2003. Mayor Palmer referred to the Project Status Report of Completed Deliverables, in Process Activities and Critical Action Items, Downtown Parking Master Plan included in the Agenda backup material; and stated that Phase I deliverables are nearing completion; that an indication is a project briefing will be BOOK 54 Page 25816 07/07/03 2:30 P.M. BOOK 54 Page 25817 07/07/03 2:30 P.M. provided to the Commission at the end of Phase I; that the Project Schedule Timeline, Downtown Parking Master Plan, included in the Agenda backup material, provides conflicting information which indicates a Commission workshop will be held regarding Phase I and Phase II results and recommendations and direction for Phase III. Mr. Freija stated that the Project Status Report of Completed Deliverables, in Process Activities and Critical Action Items, Downtown Parking Master Plan, indicates a project briefing to the Commission will occur at the end of Phase I prior to moving forward to Phase II; that a report regarding Phase I can be provided to the Commission during the month of August 2003, prior to moving forward with Phase II. Mayor Palmer stated that only one Regular Commission meeting is scheduled during the month of August 2003; and asked the Commission's consensus to schedule a workshop in August 2003? Commissioner Servian stated that scheduling a workshop during the month of August 2003 is fine. Commissioner Atkins agreed; and stated that a workshop during the month of August 2003 will expedite the process. Mayor Palmer stated that City Auditor and Clerk Robinson will consult with individual Commissioners to schedule a time for the workshop during the month of August. Mayor Palmer asked if the parking requirements in the area of Palm Avenue will be reviewed? Mr. Freija stated that the area of Palm Avenue will be reviewed as part of Phase I; that the consultant, Tindale-Oliver designated the area in one zone; that the zone has been termed "the hot spot"; that the area has a considerable number of parking issues, many of which have been raised by affected people within the area; that a recommendation concerning the number of parking spaces to include in a Request for Proposal (RFP) is incorporated in Phase I. Mayor Palmer asked if the recommendation will be brought before the Commission at the August 2003 workshop? Mr. Freija stated yes. Mayor Palmer stated that the Cultural District Master Plan will be part of the Downtown Parking Master Plan; and asked if information is being shared? Mr. Freija stated that work will be conducted with Planning Staff, who will provide the consultant for the Cultural District Master Plan with information being gathered within the area. Mayor Palmer stated that CWO other areas which must be integrated into the Downtown Parking Master Plan are the Payne Park Master Plan proposal and the Memorandum of Understanding between the City of Sarasota and the Sarasota Board of County Commissioners regarding the location of the County seat; that parking is an issue in the areas of the County seat and Payne Park. Mr. Freija stated that Phase I is an assessment of current parking requirements; that Phase II will incorporate future development based on the regulations of the Zoning Code (2002 Ed.). Commissioner Bilyeu asked if the direction to extend the boundary to Tenth Street is clear to Staff? Mayor Palmer stated that the scope of work included in the contract with Tindale-Oliver may not allow extending the boundary to Tenth Street. City Manager McNees stated that the scope of work was determined some time agoi that Staff should discuss the possibility of extending the boundary to Tenth Street with Tindale-Oliver; that a recommendation can be brought back to the Commission. Mayor Palmer asked for the Commission's consensus to refer the possible expansion of the boundary in the Downtown Parking Master Plan to Tenth Street to the Administration. Mayor Palmer stated that Staff provided a good condensed report; that the report is appreciated; that hearing the Commission's consensus the possible expansion of the boundary in the Downtown Parking Master Plan is referred to the Administration. 10. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 3:34 There was no one signed up to speak. BOOK 54 Page 25818 07/07/03 2:30 P.M. BOOK 54 Page 25819 07/07/03 2:30 P.M. The Commission recessed at 3:37 p.m. and reconvened at 6:00 p.m. 11. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JUNE 2003, VEDA MAHADI, PREVENTATIVE MAINTENANCE ASSISTANT I, PUBLIC WORKS/UTILITIES DIVISION (AGENDA ITEM VIII-1) CD 6:00 through 6:05 Mayor Palmer requested that City Manager McNees, William Hallisey, Director of Public Works, and Veda Mahadi, Preventative Maintenance Assistant I, Public Works Department and Employee of the Month for June 2003, join her and the Commission at the Commission table. Mr. Hallisey stated that introducing Veda Mahadi to the Commission is a pleasure; that Ms. Mahadi does not twist wrenches but ensures the wrenches get twisted; that one of her duties is to ensure all necessary parts for all maintenance crews for the various treatment plants are available; that over the years, Ms. Mahadi has demonstrated a good work ethic, which has created a Catch-22 situation for her; that the old adage is "work goes to work"; that Ms. Mahadi is an example of the adagei that Ms. Mahadi performs preventive maintenance work, substitutes for other employees in the utility system, and is more familiar with the department than most employees; that Ms. Mahadi is a member of the National Association for Female Executives and was recently named in a Who's Who magazine for all her fine work; that Ms. Mahadi's stellar performance and attitude set her apart from many City employees; that Ms. Mahadi performs her duties with an upbeat attitude, always has a pleasant smile, and can get the job done; and thanked Ms. Mahadi for the excellent work and congratulated her for the honor as Employee of the Month. Mayor Palmer stated that Ms. Mahadi is a superlative example of someone who works with excellence and pride; presented Ms. Mahadi with a City-logo watch, a plaque, and a certificate as the Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. 12. PRESENTATION RE: : MAYOR' S CITATION FOR EDITH HATHAWAY FOR HER 104 H BIRTHDAY (AGENDA ITEM VIII-2) CD 6:05 through 6:09 Mayor Palmer asked Edith Hathaway to join the Commission at the Commission table; read the Mayor's Citation indicating that Edith Hathaway was born on June 27, 1899, has made Sarasota her permanent home where she is celebrating her 104th birthday with family and friends, and has been a mother of two sons, a grandmother to six grandchildren, and numerous great grandchildren; extended congratulations to Edith Hathaway on the attainment of her 104th birthday; and presented Edith Hathaway with the Mayor's Citation. 13. PRESENTATION RE: MAYOR' S CITATION TO THE MEDAL WINNERS IN THE REGIONALS COMPETITION FROM THE SARASOTA ARTISTIC SKATING CLUB (AGENDA ITEM VIII-3) CD 6:09 through 6:13 Mayor Palmer requested that Dawn Wriedt, coach of the Sarasota Artistic Skating Club, and the following medal winners from the Sarasota Artistic Skating Club of the Stardust Skating Center to join her and the Commission at the Commission table: Joseph Agriesti, Daniel Agriesti, Ashley Alvarez, Danielle Boeras, Christina Capozzi, Danielle Gilliam, Jacquelene Gordon, Joshua Henry, Rachael Henry, Rielle Kaschl, Marc Lafferty, Alex Poland, Tiara Small, Ryan Strawser, Landon Wriedt, and Mackenzie Wriedt Mayor Palmer read the Mayor's Citation indicating that the young people from the Sarasota Artistic Skating Club did an outstanding job at the 2003 Regional Skating Competition held in Conyers, Georgia; that the events included freestyle, dance, and pairs skating competitions; that the skaters represented the Sarasota area and competed against skaters from seven southern states, winning Gold Silver and Bronze medals in many different levels and events; that the Sarasota Artistic Skating Club took second place in overall placement points for the Southern Region of the United States; recognized the hard work and talent of the young people, who sO ably represented the community; extended best wishes in the National Competition to be held from July 21 through August 5, 2003; and presented the Mayor's Citation to the medal winners. Ms. Wriedt stated that the club will be competing in two weeks in Lincoln, Nebraska; that the children work hard; that the children are great kids. BOOK 54 Page 25820 07/07/03 2:30 P.M. BOOK 54 Page 25821 07/07/03 2:30 P.M. Mayor Palmer stated that best wishes are extended; that bringing back to Sarasota Gold, Silver, and Bronze medals is anticipated; and thanked the club for being shining lights of Sarasota. 14. RECOGNITION RE: : SUCCESS OF THE SARASOTA POLICE DEPARTMENT', S OPERATION ONE DROP (AGENDA ITEM VIII-4) CD 6:13 through 6:18 Mayor Palmer stated that the Police Department has conducted an operation called Operation One Drop which concerns drugs on the streets and which has been extraordinarily effective; that the community will be reclaimed from the drug dealers; that all the members of the Operation are recognized for a job well done. Peter Abbott, Chief of Police, Sarasota Police Department, Lieutenant Forrest Paulson, Commanding Officer of the Narcotics Division, and Sergeant Gary Selzer, Commanding Officer of the Strategic Unit in the Narcotics Division, came before the Commission. Chief Abbott stated that the opportunity to thank the people on the team for making Sarasota a better city in which to live and raise children, makes being the Chief of Police even more pleasurable; that Lieutenant Paulson and Sergeant Selzer have worked on the difficult case for 20 months to rid the Newtown area of the upper and middle level drug establishment which extends as far as Miami, Florida; that a significant amount of drugs and nefarious assets has been removed from the streets; that the opportunity to express appreciation to the officers at the Commission meeting is pleasing; and thanked Lieutenant Paulson and Sergeant Selzer. Lieutenant Paulson thanked the Commission, the Chief, and the Administration of the Police Department for the support since November 2001; and stated that the Operation has led to many roads and detours; that due to the leadership of Sergeant Selzer and the Strategic Unit, the end of the first phase was reached; that the Operation is an ongoing investigation; that victory is not claimed in achieving the total eradication of narcotics in the area; however, a major battle was won; that the fight for the citizens of the community of Sarasota will continue; that further positive news for the Commission in the future is the hope; that the Operation would not have succeeded without the support of the State and Federal governments; that many people at the Police Department provided support; that the uniformed patrol officers provided information; that the Narcotics Division was not the only participant; that a complete team effort resulted in success; and thanked Sergeant Selzer for work well done. Sergeant Selzer thanked the Commission, Staff, and Chief Abbott for the kind words; and thanked Police Officers Harry Ross and Demetrios Konstantopolous assigned to the case for the hard work; that the Operation had a significant number of problems; that the efforts of the Police Officers assigned to the case resulted in overcoming the problems and achieving some success; that the hope is the success will continue and the City's expectations concerning the One Drop Operation will be met. Mayor Palmer stated that the standing ovation is for all the Police Officers involved with the Operation; that the community's sentiment expressed by the standing ovation should be taken back to the Police Officers involved. Mayor Palmer requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be 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 City Auditor and Clerk Robinson. Mayor Palmer recognized Donna Clarke, District 69, Florida House of Representatives, present in the audience. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4479, AMENDING THE SARASOTA CITY CODE, CHAPTER 30, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE I, IN GENERAL, SECTION 30-4 AERIAL STRUCTURES ACROSS STREETS BY MODIFYING THE MINIMUM HEIGHT FOR SUCH STRUCTURES; AND SECTION 30-10 BY ADDING THERETO A NEW SUBSECTION AUTHORIZING THE CITY MANAGER, IN CERTAIN CIRCUMSTANCES, TO WAIVE ALL OR A PORTION OF THE RIGHT-OF-WAY PERMIT AND BOOK 54 Page 25822 07/07/03 2:30 P.M. BOOK 54 Page 25823 07/07/03 2:30 P.M. INSPECTION FEES, AND BY ADDING THERETO A NEW SUBSECTION SPECIFYING THAT PERMITS ISSUED PURSUANT TO SECTION 30-10 SHALL EXPIRE SIX MONTHS FROM THE DATE OF ISSUANCE; AMENDING ARTICLE II, CONSTRUCTION AND REPAIR OF SIDEWALKS, BY DELETING THEREFROM SECTIONS 30-26 THROUGH 30-33 INCLUSIVE; i REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM X-A-1) CD 6:18 through 6:26 Mayor Palmer stated that proposed Ordinance No. 03-4479 amends Section 30-4, aerial structures across streets by modifying the minimum height for such structures, adds a new Section 30-10, Permits and Inspection fees, work in right-of-way, and deletes Sections 30-26 through 30-33 as obsolete, Sarasota City Code (1986 as amended) ; and opened the public hearing. Jane Robinson, Director of Planning, came before the Commission and stated that the proposed Ordinance updates, modifies, or deletes certain City Code rules relating to sidewalks, streets, and other public places; that the major impetus is to provide the City Manager an option to waive the fee for use of public space under defined conditions; that the proposed Ordinance exempts City Capital Improvement Projects and Repair and Replacement and Infrastructure RRRI)projects. Mayor Palmer referred to Section 1, proposed Ordinance No. 03-4479, as follows: The Sarasota City Code is hereby amended to change the minimum height for said aerial structures from 18 feet to 14 feet. Mayor Palmer stated that Commission discussion concerning the height reduction is not recalled and asked for clarification. Ms. Robinson stated that the provision has been in the proposed Ordinance since originally written. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the primary issue relates to permit fees for use of the right-of-way; that Staff also considered issues in the section of the City Code requiring correction, including the height restriction; that 14 feet has been the standard minimum height through the years; however, the City Code indicated 18 feet; that the proposed Ordinance provided an opportunity for correction. Mayor Palmer stated that Commission approval to include a change in height requirement in the proposed Ordinance is not recalled; and asked if the Commission has any objection to the change in height requirement; that hearing no objections, the change in the height requirément is allowed. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, and Bruce Franklin, President, ADP Group, representing Five Points Sarasota Investors, LLC (Investors), came before the Commission. Attorney Bailey stated that the Commission's and Staff's consideration of the proposed Ordinance is appreciated; that the proposed Ordinance confers on the City Manager discretion in appropriate well-defined cases if the fee would be an obstacle to development implementing the provisions of the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020); that the Commission has been requested and has conditionally vacated the alley near the Plaza at the Five Points project; that Investors is conveying back a right-of-way for the air space between grade and 14 feet; that the height requirement will affect Five Points; however, the primary concern is the fee waiver; that Staff is the expert concerning the subject. Mr. Schneider stated that the 14 foot requirement relates to structures; that the 18 foot requirement relates to wires on poles; that the Development Review Committee (DRC) approved the plans for the Plaza at Five Points project at 14 feet. Mr. Franklin stated that the proposed Ordinance is a result of processing the Site Plan for the Plaza at Five Points project and realizes an impediment for a project which would partially or completely block a public right-of-way; that the fees could amount to hundreds of thousands of dollars; that the proposed Ordinance will motivate developers to proceed quickly with redevelopment projects and provides the City Manager a means to formulate routing plans, construction staging plans, etc.; that Staff's efforts in bringing the proposed Ordinance forward quickly are appreciated as the lack of assurance in utilizing the public right-of-way was an impediment to financing. Mayor Palmer stated that the proposed Ordinance indicates waivers are allowed for orojects in any City adopted Master Plan; that BOOK 54 Page 25824 07/07/03 2:30 P.M. BOOK 54 Page 25825 07/07/03 2:30 P.M. the understanding is the proposed Ordinance is for projects in the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan), the Downtown Master Plan 2020, and the Cultural District Master Plan; that master plans do not include the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 edition (City's Comprehensive Plan); that the proposed Ordinance should be applicable to the entire City. City Attorney Taylor stated that the proposed Ordinance is not applicable to the City's Comprehensive Plan. Mayor Palmer asked the definition of a master plan? Ms. Robinson stated that the proposed Ordinance will apply to an adopted master plan, specifically a redevelopment plan. Mayor Palmer stated that master plans and redevelopment plans should be identified; that master plans and redevelopment plans can be amended; that master plans include the Cultural District Master Plan, the Downtown Master Plan 2020, and the Newtown Plan. Commissioner Servian stated that adopting new master or redevelopment plans should not require changing any Ordinance. Mayor Palmer agreed as long as the Cultural District Master Plan, the Downtown Master Plan 2020, and the Newtown Plan are considered redevelopment plans; referred to proposed Section 30-10(g) City Code, as follows: 6. The applicant's construction parking plan does not utilize any public parking spaces. Mayor Palmer continued by referring to proposed Section 30-10(g), City Code, concerning lost public parking spaces as follows: 3. The applicant has successfully demonstrated to the City Manager that the applicant has minimized the loss of on- street parking and/or replaced those spaces lost with parking spaces not currently used and that are within a reasonable distance of the project site. 4. The applicant has successfully demonstrated to the City Manager that the applicant has minimized the number of lane closures necessary for construction of the project. 5. The applicant has successfully demonstrated to the City Manager that the applicant has minimized the amount of time that city streets would be closed. Mayor Palmer stated that Items 3, 4, and 5 are not clear in terms of Item 6 and should be clarified. City Manager McNees agreed. City Attorney Taylor stated that clarification will be provided prior to second reading of the proposed Ordinance. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4479 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4479 on first reading with clarifications provided prior to second reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yesi Palmer, yes; Servian, yes; Atkins, yes. Commissioner Servian stated that Staff is commended for bringing the proposed Ordinance forward quickly; that the possible significant amount of fees was a concern; that moving quickly regarding the proposed Ordinance is pleasing. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4482, AMENDING THE SARASOTA CITY CODE (1986) CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS, COMMIS SSIONS AND COMMITTEES, DIVISION 3, THE VAN WEZEL PERFORMING ARTS HALL BOARD, AS AMENDED BY ORDINANCE NO. 03-4421 TO ADD ONE MEMBER TO SAID BOARD; SPECIFYING THAT THE ADDITIONAL MEMBER SHALL BE A RESIDENT OF SARASOTA COUNTY; THREE MEMBERS SHALL BE RESIDENTS OF SARASOTA COUNTY, BUT NOT THE CITY OF SARASOTA; SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT; ; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM X-A-2) CD 6:26 through 6:28 Mayor Palmer stated that proposed Ordinance No. 03-4482 expands the membership of Van Wezel Performing Arts Hall (VWPAH) Board BOOK 54 Page 25826 07/07/03 2:30 P.M. BOOK 54 Page 25827 07/07/03 2:30 P.M. to add a member who will be a Sarasota County resident but not a City resident; and opened the public hearing. John Wilkes, Executive Director of the VWPAH, came before the Commission and stated that proposed Ordinance No. 03-4482 expands the membership of the VWPAH Board from 13 to 14 members; that the VWPAH looks forward to the extra member to better represent the community; that the reach into Manatee County and South Sarasota County for members results in ambassadors in every sector of the community served by the VWPAH. Commissioner Servian asked if the specific change is to increase the Board from 13 to 14 to add an additional County member but not a City member? Mr. Wilkes stated yes; that the Commission previously adopted Ordinance No. 03-4421 to expand the membership to 13; that at the time, the Commission's suggestion was to add one more member. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4482 by title only. Commissioner Atkins stated that the proposed Ordinance is offensive; that ambassadors from Sarasota and Manatee Counties are not necessary; that all VWPAH Board members should be City residents; that the hope is the ambassadorship will not be expanded to 55 members. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4482 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 1): Palmer, yes; Servian, yes; Atkins, no; Bilyeu, yes. Mayor Palmer stated that the next two items on the Agenda will be combined; and requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi- judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. 17. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4483, TO CONDITIONALLY VACATE THAT CERTAIN WESTERLY 7 FEET OF THE 60 FOOT WIDE LEMON AVENUE RIGHT-OF-WAY BETWEEN FIRST STREET AND SECOND STREET PLUS THAT CERTAIN EASTERLY 12 FEET OF THE WESTERLY 19 FEET OF THE 60 FOOT WIDE LEMON AVENUE RIGHT-OF-WAY BETWEEN FIRST STREET AND SECOND STREET PLUS THOSE CERTAIN PORTIONS OF THE 60 FOOT WIDE FIRST STREET RIGHT-OF-WAZ, THE 60 FOOT WIDE SECOND STREET RIGHT-OF-WAY AND THE 60 FOOT WIDE CENTRAL AVENUE RIGHT-OF-WAY LYING WITHIN 20 FEET OF THE SOUTHERLY L NORTHERLY AND WESTERLY BOUNDARY LINES RESPECTIVELY, OF BLOCK 12, PLAT OF SARASOTA, ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN ; REPEALING ORDINANCES IN CONFLICT ; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (APPLICATION NO. 03-SV- 03, APPLICANT JOEL J. FREEDMAN, AICP, PRESIDENT, FREEDMAN CONSULTING GROUP I AS AGENT REPRESENTING CASTO- ZENITH VENTURE LLC, AS OWNER AND CONTRACT VENDEE = PASSED ON FIRST READING SUBJECT TO CLARIFICATION BY THE CITY ATTORNEY'S OFFICE (AGENDA ITEM X-A-3) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO 03-4484, PROVIDING FOR THE REZONING OF THE PARCEL OF REAL PROPERTY MORE FULLY DESCRIBED HEREIN LOÇATED ON THE WEST SIDE OF LEMON AVENUE BETWEEN FIRST STREET AND SECOND STREET i FROM THE "GOVERMMENTAL (G) ZONE DISTRICT TO THE "COMMERCIAL = CENTRAL BUSINESS DISTRICT" (C-CBD) ZONE DISTRICT; APPROVING SITE PLAN APPLICATION NO. 03-SP-19 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING TO PERMIT THE CONSTRUCTION OF A MIXED USE DEVELOPMENT INCLUDING A 36,000 SQUARE FOOT GROCERY STORE, 26,344 SQUARE FEET OF STREET LEVEL RETAIL SPACE, 96 RESIDENTIAL CONDOMINIUM UNITS AND A FOUR LEVEL PARKING STRUCTURE CONTAINING APPROXIMATELY 300 PUBLIC PARKING SPACES, i PROVIDING FOR ADDITIONAL CONDITIONS OF THE REZONING AND SITE PLAN APPROVAL AS MORE PARTICULARLY DESCRIBED HEREIN i BOOK 54 Page 25828 07/07/03 2:30 P.M. BOOK 54 Page 25829 07/07/03 2:30 P.M. PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-08 AND 03-SP-19, APPLICANT FREEDMAN CONSULTING GROUP, AGENT REPRESENTING CASTO-ZENITH VENTURE, LLC, AS OWNER AND CONTRACT VENDEE) - PASSED ON FIRST READING SUBJECT TO CLARIFICATION BY STAFF AND THE CITY ATTORNEY'S OFFICE (AGENDA ITEM X-B-1) CD 6:29 through 7:35 Mayor Palmer stated that proposed Ordinance No. 03-4483 conditionally vacates that certain westerly seven feet of the 60-foot wide Lemon Avenue right-of-way between First and Second Streets in conjunction with the Whole Foods Centre Market (Whole Foods) project; that proposed Ordinance No. 03-4484 provides for the rezoning of the parcel of real property located on the west side of Lemon Avenue between First Street and Second Street from the Governmental Use (G) to the Commercial-Central Business District (C-CBD) Zone District; that the Applicant is Freedman Consulting Group, agent for Casto-Zenith Venture, LLC, as owner and contract vendee. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow 20 minutes for the Applicant's presentation and 10 minutes for rebuttal; that the City will have 15 minutes for presentation and 10 minutes for rebuttal; that other interested persons will have five minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Palmer stated that hearing no objections, the recommended time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. Joel Freedman, AICP, President, Freedman Consulting Group, and George Linder, Project Manager, Casto Southeast, LLC (Casto), and Olga Garcia, Senior Partner, Beame Architectural Partnership, came before the Commission. Mr. Freedman stated that being before the Commission regarding the Whole Foods project is exciting; that the project has been a long time coming; that Brett Hutchens, Chief Executive Officer, Casto-Zenith Venture, LLC, the developer of the project, Ben Hilton, Baskervile-Donovan, Inc., and Phil Smith, David W. Johnson Associates, the project landscape architect, are in the audience for questions if desired; that the project is unique being a public-private partnership which has been in the works for many years; that the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) identified a market as a key component to the overall success of Downtown revitalization; and thanked Staff for support, assistance, interaction, weekly meetings, etc. Mr. Freedman referred to drawings displayed on the Chamber monitors indicating the site bounded on the east by Lemon Avenue, on the north by Second Avenue, on the west by Central Avenue, and on the south by First Street; and stated that the property is approximately 3.17 acres; that the property is in the Governmental Use (G) and Commercial-Central Business District (C-CBD) Zone Districts; that the easement portion is contained in the City parking lot; that the Site Plan indicates the 36,000 square-foot Whole Foods Centre Market on the far eastern side of the site; that 26,300 square feet of retail space is on the ground floor; that 94 to 96 condominium units are in the tower area; that an important component of the project is the parking garage; that the garage contains 744 parking spaces, 300 of which will be for the public; that part of the rezoning process is proffering the Site Plan, which was approved by the Planning Board/Local Planning Agency (PBLP); that an important component is the request for the street vacations; that vacating approximately 20 feet is requested; that seven feet along Lemon Avenue right-of-way is a part of the Access, Indemnification and Hold Harmless Agreement (Agreement) between the City and the developer; that the request is to vacate approximately 20 feet of public right-of-way around the site; that immediately upon approval, pedestrian access easements will be rededicated to the Cityi that the size of the site is restrictive; that the diverse uses require utilizing as much of the site as possible. Mr. Freedman continued that a reason for requesting the vacation of the sidewalks is to avoid being involved with the numerous encroachments of footings, balconies, etc.; that vacating the sidewalks makes sense and allows more flexibility with the design and better assurance for the lenders and protection for the Cityi that if the project is not completed, the sidewalks will revert back to the City's control; that the PBLP approved the provision for a reduction in the number of loading zones; that the project is unique; that a loading zone is required for the grocery store; that a loading zone is required for the condominiums and the retail uses; that five loading zones are required by the Zoning BOOK 54 Page 25830 07/07/03 2:30 P.M. BOOK 54 Page 25831 07/07/03 2:30 P.M. Code (2002 Ed.), which is excessive; that the requirement for loading zones for the Downtown is excessive; that a plan was developed to manage the loading zones and coordinate operation and use; therefore, the PBLP approved reducing the number of loading zones; that Whole Foods is a good asset for the community; that the operational requirements are unique due to the grocery store's requirements; that the project implements the proposed Downtown Code as much as practically feasible; that a tremendous design challenge exists. Ms. Garcia stated that working on the project is exciting; that the site is beautiful; that working in Sarasota has been a wonderful experience and a breath of fresh air; that the site is replete with opportunities and is well-situated; that to the east is City Hall and the progression through the proposed new SCAT transfer facility location; that to the west is the beautiful Selby Public Library (Library) which is a thriving urban building; that diagonally across from the site is a beautiful park and the small opera, performing arts functions, and restaurants; that First Street is replete with opportunities for redevelopment at Five Points and the Farmers Market; that the project will bring together activities in the area; that tying in with all the different elements was desired; that First Street and Central Avenue are Primary Streets in the Downtown and are lined with the retail as required by the Downtown Master Plan 2020; that across from the Library is the formal drop-off to the residential area which is well situated; that Lemon Avenue is a civic space as the SCAT transfer facility will be located on Lemon Avenue. Ms. Garcia continued that First Street has a lively street life activity which is small in scale; that the architecture of the Whole Foods project responds to the smaller residential entry off the street which relates to the scale of the street; that Second Street is not a Primary Street; however, careful consideration has been given to the design of the building along the street; that the entrance into the parking garage is located on Second Street; that ingress to Whole Foods is on the first and second levels to the south; that all elements have been situated in response to adjacent properties; that a full level of public parking will be constructed on the second floor, which is the only full level of parking in the Whole Foods project; that the third level looks over the park with different types of units adding life and the activity of residential urban life along the street; that the fourth level is similar to the third level; that making the project a comfortable home is important; therefore, the fifth level is a beautiful, lush resort-type amenities deck; that residents can enjoy the active Sarasota life and can go home to a retreat; that the attempt is to build amenities into the project to add an important feature to the community; that the fifth and sixth levels are courtyard-type residences with all units facing toward the street and the pool area; that the seventh through tenth floors comprise a residential tower with emphasis on the corner units overlooking the park and view opportunities to the northwest; that the penthouses are on the 11th floor; that the major design challenge of the project was bringing all the uses together; that the focus was to provide different uses in the project to create an urban village; that the project includes different sizes of apartments, townhomes, etc., adding to the urban texture and flavor of the architecture; that along First Street, the architecture is street-scaled, repetitive, and speaks to the nature of the street; that, for example, on Central Avenue facing the Library, the project becomes a type of gesture towards the street with a natural succession of one elevation to the other, responding to the environment and creating an urban village feel and an authentic living experience rather than an enclosed inwardly-focused property and design; that the street life is important; that a large consideration is ensuring the street life carries all the way around the project. Ms. Garcia continued that Whole Foods is the largest of the liner shops on Lemon Avenue and First Street; that the entry to the Whole Foods building faces the public parking serving Whole Foods; that special attention is given to all the facades; that Whole Foods has a café entry facing First Street; that seating in the café is along First Street facing the Farmers Market; that lively graphics in the cafe speak to Whole Foods as a gourmet market; that Whole Foods' community room is on the corner of Lemon Avenue and First Street, will be used for classes, and will include a show kitchen for employee training; that classes will be offered to the community; that a tower shape was created at the corner of Lemon Avenue and First Street enhancing the architecture of the corner, highlighting the community, and setting off the architecture along Lemon Avenue, which is larger in scale and contains large artwork to relate to the end of the access to City Hall. Mr. Freedman stated that the importance of the project is known by the Commission; that the project is beginning to evolve; that the parking garage is integral to the project; that constructing a garage with retail frontage along the streets and hiding the parking levels was accomplished while meeting the economic needs of the project; that Staff found no negative aspects regarding the BOOK 54 Page 25832 07/07/03 2:30 P.M. BOOK 54 Page 25833 07/07/03 2:30 P.M. project; that concurrency requirements have been met; that the project complies with the regulations of the Commercial Central Business District (CCBD) Zone District and the Downtown Master Plan 2020; that approval of adjustments to comply with the proposed Downtown Code as currently developed was received; that the PBLP accepts the project. Commissioner Servian asked the number of units and the time the number of units was changed? Mr. Freedman stated that the original Agreement allows up to 98 units; that 96 units were proposed a few months ago. Commissioner Servian stated that one document indicates 93 units; that in February or March 2003, 80 units were proposed; that currently 96 units are proposed; that the presentation indicates the plans were dated and sealed May 30, 2003; however, the plans provided to the Commission are dated June 24, 2003. Mr. Linder stated that the project has gone through a number of iterations; that at one time, the project was an eight-story building; that going to an 11-story building allowed for 96 units; that at one point, the plan included three penthouses; that the current plan includes six penthouses. Commissioner Servian asked if separation of parking for retail and residential will be provided for security reasons? Mr. Linder stated that the residential parking will be fenced off and security cameras will be installed; that public parking will contain signage. Ms. Garcia referred to drawings displayed on the Chamber monitors indicating the public and private parking areas and the security access locations. Commissioner Servian asked if security access is a gate with a keypad? Ms. Garcia stated that the area will be completely closed with a physical barrier and a gate. Commissioner Servian asked the reason the lender is more comtortable with lending criteria based on the potential of the right-of-way vacation? Mr. Freedman stated that encroachment agreements are new items and relate to perpetuity; that the Whole Foods project contains a significant number of encroachments which would require a significant number of variances rather than one or two right-of- way vacations. Commissioner Servian stated that the right-of-way vacation will be for the entire project rather than requiring numerous agreements. Mr. Freedman stated that is correct; that if the project does not proceed, the rights-of-way revert back to the City. Commissioner Servian asked if one loading zone is provided for the residential and retail areas and two for the grocery store? Mr. Freedman said yes. Commissioner Servian stated that one loading zone for all the retail and 96 residential units does not appear sufficient. Mr. Friedman stated that small retail shops are generally supplied through the front doors; however, an access from the loading zone will provide efficiency; that a drop-off area on the property is provided for deliveries to the residences. Ms. Garcia stated that the small shops receive parcels by vans which generally park in a parking space. Commissioner Servian stated that the average size of the retail shops is approximately 1,500 square feet. Ms. Garcia stated that is correct. Commissioner Servian stated that providing only one loading zone is a concern. Mayor Palmer stated that the project will extend 20 feet into the streets on three sides and seven feet on Lemon Avenue; that the travel lanes appear to narrow down and widen out on the other side of the project; and asked if the travel lanes and sidewalks ensure sufficient sidewalk areas for the public. Mr. Linder stated that the requested seven-foot street vacation is a portion of the narrowing of the Lemon Avenue Streetscape; that Lemon Avenue will go from a 60-foot right-of-way to 21-foot twin travel lanes, which is consistent with City requirements; that the 24-foot wide sidewalk behind the grocery store is disproportionate; that a 20-foot sidewalk is desired; that Staff BOOK 54 Page 25834 07/07/03 2:30 P.M. BOOK 54 Page 25835 07/07/03 2:30 P.M. agreed the seven-foot street vacation along Lemon Avenue was justified and allowed clipping the corner of a building and moving the Whole Foods Centre Market over slightly from the original plan; that the remaining 20 feet is consistent with the Downtown Master Plan 2020; that the streets will be 20 feet wide with 10- foot travel lanes in each direction; that a five-foot major setback exists on any Primary Street; therefore, moving the building back causes loss of lobby and retail space along Central Avenue; that a grand entrance or portico is required for the project. Mayor Palmer requested clarification on the travel lanes and the preservation of the public sidewalks. Mr. Linder stated that the travel lanes will not be undulating back and forth; that a few neckouts exist; however, the remainder is parallel parking; that travel lanes will be straight and consecutive. Mayor Palmer asked about the public access and sidewalks? Mr. Linder stated that the sidewalks will be widened; that as the streets become narrower, the base of the curb will move out from the property line; that the sidewalks will be deeded back to the City; that the City Attorney's Office is currently preparing an easement deed. Ms. Garcia stated that the building was not moved to make the sidewalks narrower; that the face of the building is at the property line; that the sidewalks were made wider. Mayor Palmer stated that overhangs and awnings for protection will be included in the project consistent with the Downtown Master Plan 2020. Ms. Garcia stated that is correct; that an exception is at the drop-off in the residential area; that the structural columns for the drop-off occur at the edge of the sidewalk; however, the sidewalk continues around and through the project; that the building is substantially receded to allow the natural flow of pedestrian traffic; that vehicular traffic is unobstructed. Mayor Palmer asked the delivery time of the trucks and if a provision for delivery times exists? Mr. Linder stated that delivery times for Whole Foods have not been firmly established; that the bulk of Whole Foods deliveries are by small box trucks; that one large tractor trailer per week may be received; that as the depth of the loading area is 72 feet, a tractor trailer will have the ability to exit off the right-of- way. Mr. Freedman stated that developing parking and management plans with Staff as development occurs will refine delivery times, delivery areas, parking, etc. Mayor Palmer asked if public art participation at the Lemon Avenue Mall has been discussed? Mr. Freedman stated that the public art requirements are known; that a decision has not been reached as to contributing to the Public Art Fund or privately providing public art. Mayor Palmer that the possibility of the developers contributing to public art at the Lemon Avenue Mall rather than on the Whole Foods site was previously discussed. Brett Hutchens, Chief Executive Officer, Casto-Zenith Venture, LLC (Casto), came before the Commission and stated that the possibility of contributing to the Lemon Avenue public art program was brought to Casto's attention approximately two weeks ago; that Casto does not desire a right of approval but would desire a right to review; that being aware of public art on the opposite corners of the SCAT transfer facility is important as Casto will be investing $100,000 in a street corner for beautification; that Casto is working with the City. Mayor Palmer stated that the Pedestrian Awareness Safety Plan is not included in the proposed Ordinance. Mr. Freedman stated that the Pedestrian Awareness Safety Plan will be part of the management plan being developed; that the building was designed specifically to be pedestrian safe and friendly. Commissioner Servian stated that Whole Foods may at some point be controlling deliveries; therefore, Whole Foods will have control of delivery times; that Whole Foods is at the mercy of the over- the-road delivery service which is understood; however, control of deliveries will be helpful for pedestrian safety; that an alarm system alerts pedestrians of ingress and egress in the loading area. BOOK 54 Page 25836 07/07/03 2:30 P.M. BOOK 54 Page 25837 07/07/03 2:30 P.M. Commissioner Bilyeu asked if the 20-foot vacation will be for public use? Mr. Freedman stated yes. Commissioner Bilyeu asked if the canopy will cover the entire sidewalk? Ms. Garcia stated that the canopy will extend approximately eight feet providing a comfortable area under which to walk; that the canopy will be interrupted by the landscape. Mayor Palmer asked if a determination concerning paid or unpaid public parking has been made and the basis for the determination? Mr. Hutchens stated that no fees will be charged; that a requirement in the Whole Foods lease is the first level is open and free parking; that the concept is free parking for the public will continue. Mayor Palmer asked if the community room is open to the community for meetings? Mr. Hutchens stated yesi that Whole Foods offers the community room to organizations in the City based on availability. Mayor Palmer stated that allowing use of the community room is wonderful. Commissioner Servian stated that a shortage of meeting rooms exists in the City. Mayor Palmer stated that numerous organizations frequently seek meeting space. Karin Murphy, Senior Planner II, Planning Department, came before the Commission and stated that the project is a Community Redevelopment Agency (CRA) project; that the project has been previously presented to the Commission in numerous forms prior to presenting the current Site Plan; that the City entered into a sales and purchase agreement and a development agreement with the developer; that the mixed-use development including the grocery store and municipal parking is consistent with the Downtown Master Plan 2020; that the contract requires the City assist in obtaining the necessary approvals throughout the development process; that the Development Review Committee (DRC) has worked with various design teams for the Whole Foods project as well as the Lemon Avenue Streetscaping project, the SCAT transfer facility, and the Plaza at Five Points project; that a significant number of individuals invested significant time and effort into the endeavor; that the site is shown in the Downtown Master Plan 2020 as a Civic Reservation for parking; that Staff is pleased as the Whole Foods project accomplishes two identified projects in the Downtown Master Plan 2020; that a transition phase exists which is difficult for Staff; that the Downtown Master Plan 2020 is adopted but not effective as the proposed Downtown Code is in draft form and has been reviewed by the DRC and presented to the PBLP; that the Engineering Design Criteria Manual (EDCM) is adopted and effective but may require modification to implement the Downtown Master Plan 2020; that as projects are brought forward, variances may be required to comply with existing codes and regulations. Ms. Murphy continued that portions of the current Zoning Code (2002 Ed.) are in direct conflict with New Urbanist principles; that overparking exists in some areas; that difficulties arise with the separation of uses for a mixed-use building; that Staff is attempting to update existing codes and regulations; that new development is occurring as a result of the Downtown Master Plan 2020; that Whole Foods indicated a key factor in choosing Sarasota was the Downtown Master Plan 2020; that past plans have often become obsolete or died in the transition phase; therefore, Staff must work with the development community in attempting to clearly identify projects desired by the City; that Staff encourages consistency with the Downtown Master Plan 2020 at every opportunity and has encouraged proffered rezonings consistent with the adopted Downtown Master Plan 2020; that the Whole Foods project is a rezone proffered to mirror the Downtown Master Plan 2020 requirements; that Staff has been revising the existing Zoning Code (2002 Ed.) in some instances; however, focusing on the proposed Downtown Code is preferred; that Staff is working with the Board of Adjustment and the PBLP for variances and flexibility during the transition phase; that the Plaza at Five Points project was presented to the Commission approximately one and one-half months agoi that variances, easements, vacations, agreements, etc., will be required until ordinances and documents are updated for consistency with the Downtown Master Plan 2020; that the Whole Foods project provides a high-quality pedestrian environment; that Staff desired the regularity of the street wall with the building massing; that the block faces are continuously built to the edge of the right- of-way; that special treatment exists at the street edge to enhance the pedestrian environment based on the transect BOOK 54 Page 25838 07/07/03 2:30 P.M. BOOK 54 Page 25839 07/07/03 2:30 P.M. concept; that streetscaping in the sense of place identified is desired; that the priority throughout the design process with the mixed uses was for the Primary Street pedestrian quality. Ms. Murphy referred to renderings displayed on the Chamber monitors indicating various views of the proposed project; and stated that flexibility concerning certain restrictions has been provided; however, Staff will continue to monitor plans; that Staff prefers to delay requirements or restrictions as tenants do not yet exist; that amendments may be necessary if requirements are too stringent; that the developer has gone on record at the Board of Adjustment and the PBLP to agree to continue to work with Staff on a management plan; that at its June 11, 2003, meeting, the PBLP approved proposed Ordinance No. 03-4483; that Staff recommends the Commission adopt proposed Ordinance No. 03-4483. Commissioner Servian stated that a traffic study was performed based on 80 residential units rather than 96 units; that at 80 units, the traffic was barely de minimus; and asked the effect on traffic of the 96 units? Ms. Murphy stated that Staff will report back regarding traffic; that the agreements indicate a maximum of 96 units. Commissioner Servian stated that the concurrency study is based on 80 residential units generating 555 trips; that 570 trips are vested; that the effect of 16 additional units is not known. Ms. Murphy stated that numbers for trips generated by the retail uses varied slightly; that a decrease may have occurred for the retail; that prior to second reading, Engineering Staff can verify the threshold has not been exceeded. Commissioner Servian stated that information from Engineering Staff would be helpful; that a major criticism is allowing development which increases traffic to the point individuals believe the Commission made a poor decision by not requiring proper enhancements of the streets; that not exceeding the vested amount is desired. Ms. Murphy stated that Staff will ensure the project will not trigger concurrency requirements. Commissioner Servian asked the reason Staff considers three loading zones sufficient for a property of such significant intensity. Ms. Murphy stated that Whole Foods is different than a traditional grocery store; that fewer trucks are used than for a regular grocery store; that a large moving truck will be used only for the initial move-in for the project or the occasional move-out; that the City has atypical street blocks causing difficulty for redevelopment projects; that Staff utilized a common-sense approach as deliveries will be made by vans; that sufficient internal municipal free parking exists; that monitoring traffic will continue; that a large residential component will monitor any unpleasantness faster than the City; that a partnership will continue with the developer. Commissioner Servian stated that the issue concerning residential move in and move out can be handled by scheduling; that 25 people will not move in on one day; that the retail traffic is the concern. Ms. Murphy stated that the majority of the retail uses will have a central on-site person managing and coordinating the facility; that Certificates of Occupancy will be issued to different components. Mayor Palmer asked for clarification regarding a reduction over a period of years in the traffic count which would be vested. Ms. Murphy stated that the formula includes a reduction in the number of vested trips after the use has desisted a certain amount of time; that Engineering Staff can provide additional information concerning the methodology. Mayor Palmer stated that the information should be received prior to second reading; that the City Attorney's Office could provide information concerning the expiration dates of the various permits, agreements, reverters, etc.; that the possibility of having to litigate to retrieve the City's streets and sidewalks, if the project is not completed, is a concern. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that the actual reverter language will be in the deed of conveyance of the right-of-way; that the proposed Ordinance makes reference to the reverter; however, time frames are also contained in the Redevelopment Agreement; that additional language to address the situation of the expiration of a permit BOOK 54 Page 25840 07/07/03 2:30 P.M. BOOK 54 Page 25841 07/07/03 2:30 P.M. will be included in the proposed Ordinance prior to second reading. Ms. Murphy stated that Staff prepares a punch list of the different time frames clearly identifying dates to ensure the developer, as well as Staff, can determine if an extension is required. Mayor Palmer stated that construction appears to be decreasing currently but will likely increase during tourist season. Ms. Murphy stated that Staff will coordinate with the Neighborhood Department; that Staff meets weekly with the project teams and contractors, will provide a means to update constituents, and has coordinated well with Fire and Rescue Departments, etc. Mayor Palmer asked if the City Attorney's Office is aware of Commission comments concerning issues to be returned prior to second reading and if other issues about which the Commission should be aware exist? Attorney Fournier stated that further non-substantive modifications to the proposed Ordinance concerning the right-of- way vacation are required; that in the past, second reading of an ordinance was deferred until all the conditions to vacate were satisfied; that delaying second reading of the proposed Ordinance for the Whole Foods project is not desired; that the proposed Ordinance can become effective; however, adoption of the proposed Ordinance does not mean the right-of-way vacations are effective; the right-of-way vacations are effective upon certification of compliance with the conditions. Mayor Palmer stated that the reverter is contained appropriately in the proposed Ordinance. Ms. Murphy stated that the site plans indicate a modification to the porte cochere; that the modification is allowed under the regulations without going back through the DRC and the PBLP; that to meet all the contractual obligations, Staff required a smaller porte cochere resulting in more sidewalk and alignment with the bollards, creating a better pedestrian experience. City Manager McNees stated that the developer's representative can respond to the trip generation issues. Mr. Freedman stated that for Engineering Staff to provide information concerning trip generation is wise; that the trip generation numbers included a 60,000 square foot office building which is no longer included on the site plan and generated about 74 trips; that the Whole Foods Centre Market generates 30 less trips; that the addition of the few units will only add approximately seven trips during the afternoon peak hours; that submitting final numbers is wise; however, the Commission should be comfortable with the traffic count. Commissioner Servian stated that the traffic generated by the project will continue to comply with concurrency requirements. Mr. Freedman stated that is correct. Mayor Palmer stated that Engineering Staff can provide the necessary information. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4483 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4483 on first reading subject to clarification by the City Attorney's Office. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Servian, yes; Atkins, yes; Bilyeu, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4484 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4484 on first reading subject to clarification by Staff and the City Attorney's Office. Commissioner Servian stated that seeing the project move forward is thrilling; that observing the first shovel going in the ground is favorably anticipated. Commissioner Atkins stated that surviving significant difficulties makes the evening worthwhile; that during the 1980s BOOK 54 Page 25842 07/07/03 2:30 P.M. BOOK 54 Page 25843 07/07/03 2:30 P.M. and 1990s, the City attempted to barter the parking area for development on the old Palmer Bank drive-through area; that the project is more appreciated as parking will be free; that having the parking remain free is important as continuing work in the community proves the City's visions were worthwhile; that having the developer work with the City is pleasing; that the accomplishments instill pride; that the project should be completed quickly; and thanked Casto for coming to Sarasota. Mayor Palmer concurred with Commissioners Servian and Atkins; thanked Staff and all the hard-working individuals; and stated that the project is amazing and desired by the City; that in the 1980s, the prayers were for a project such as the Whole Foods project; that the prayers have been answered. Mayor Palmer called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. City Manager McNees stated that the Whole Foods project was an amazing team effort; however, individual thanks must be extended to Karin Murphy, who was attentive to the details and refused to allow the project to fail; that Ms. Murphy understands the importance of the project for Sarasota. Mayor Palmer thanked the City Attorney's Office; and stated that the City Attorney's Office played a large part in the project. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 7:36 through 7:40 Mickie Emberton, 3190 Bellevue Street (34237), President, Bellevue Terrace Neighborhood Association,, stated that the residents of Bellevue Terrace and Oak Shores thank the Commission; that property in the area did not flood on June 22, 2003, thanks to the completion of the stormwater project by City and the Countyi that Phillippi Creek overflowed on Sunday afternoon at 4:30 p.m.i that seeing the water go into the parallel facility was wonderful; that everything would have been lost again if not for the City and the County; that former Commissioner and Mayor Carolyn Mason and former Commissioner Quillin are also thanked; that representatives of the contractor and the engineering firm were in the neighborhood on Saturday and Sunday to assure the stormwater project worked well; that Mayor Palmer called on Sunday to assure no flooding had occurred; that City Manager McNees came out on Saturday as 12 inches of water was on Lockwood Ridge Road; that two of the pumps worked all weekend; that the project is beautiful; that everybody is thrilled with the project. Mayor Palmer stated that Ms. Emberton is thanked as the spark plug behind the project from the beginning; that Ms. Emberton worked with former Commissioner Quillin and City and County Staff, would not let anything stop the project, and kept everyone apprised of the status throughout the weekend; that the feelings due to past flooding, which did not occur this time, are understood; that most of the pride belongs to Ms. Emberton and the neighborhood association. Ms. Emberton stated that much progress has been made; that a plaque was presented to the County on June 25, 2003; that the possibility of a road to Oak Shores from Beneva Road to alleviate some traffic through the neighborhood was discussed; that the concern of everyone who came out on the weekend is appreciated. The Commission recessed at 7:40 p.m. and reconvened at 7:50 p.m. 19. NEW BUSINESS: APPROVAL RE: AUTHORIZE MAYOR TO USE THE $2,000 IN THE SISTER CITIES TRAVEL ACCOUNT FOR TRAVEL TO PERPIGNAN, / FRANCE, SEPTEMBER 16 THROUGH SEPTEMBER 23, 2003, AS A REPRESENTATIVE FOR THE SISTER CITIES ASSOCIATION = APPROVED (AGENDA ITEM XIII-1) CD 7:50 through 7:53 Mayor Palmer stated that the request is to authorize use of $2,000 from the Travel Account for travel to Perpignan, France. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to authorize the Mayor to use $2,000 from the Sister Cities Travel Account for travel to Perpignan, France. Mayor Palmer asked the City Manager to clarify the funding of the Sister Cities Travel Account. City Manager McNees stated that the City has budgeted $10,000 annually towards the Sister Cities organization for the last several years; that travel is an allowable use of the funds. BOOK 54 Page 25844 07/07/03 2:30 P.M. BOOK 54 Page 25845 07/07/03 2:30 P.M. Mayor Palmer stated that former Commissioner Mary Quillin used $2,000 from the Travel Account to travel to Dunfermline, Scotland, two years ago; that the allocation has not been used for the past two years; that the $2,000 is an additional fund for purposes of Commission travel. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. 20. NEW BUSINESS: DISCUSSION AND PRESENTATION RE: : REGULATIONS TO PROHIBIT AMATEUR BOXING COMPETITIONS IN THE CITY OF SARASOTA = AUTHORIZED THE CITY ATTORNEY'S OFFICE TO DRAFT AN ORDINANCE REGULATING AMATEUR BOXING EVENTS IN THE CITY (AGENDA ITEM XIII-2) CD 7:53 through 8:25 Mayor Palmer stated that the consideration is drafting an ordinance to provide regulations for amateur boxing competitions in the City; that the Sarasota Board of County Commissioners (BCC) voted for the County Attorney to work with the City Attorney in drafting an ordinance which would be similar or the same in both the City and County. Peter Abbott, Chief of Police, Sarasota Police Department, and Mark Singer, Attorney, City Attorney's Office, came before the Commission. Chief Abbott stated that Detective Thomas Wagonseller is handling the case under investigation; that as a result of the investigation, Detective Wagonseller has become a wealth of knowledge regarding Toughman Contests8. Chief Abbott continued that on June 13 and 14, 2003, a terrible tragedy occurred at Robarts Sports Arena; that discussing the lessons learned regarding the event to prevent future occurrences of this type is imperative; that the event does not bode well for Sarasota; that Sarasota does not desire to host unsanctioned amateur boxing competitions; that with the Commission's assistance, the attempt is to ensure such an event does not reoccur; that a professional fighter is an individual competing for a purse or something of value more than $50; that an amateur fighter competes for an article of value less than $50. Chief Abbott stated further that a Toughman fight is already against the law in Florida; that a Toughman fight, sometimes called a Badman contest, involves a combination of skills using boxing, kickboxing, martial arts, or wrestling, all in one venue, and has been outlawed under the Florida statutes; however, the event at Robarts Sports Arena was simply an amateur boxing contest for articles of value less than $50 requiring no combination of skills; therefore, the event did not fall under the statutory guidelines for a Toughman contesti that the Florida statutes do not regulate amateur boxing matches; that amateur boxing is sanctioned by various bodies across the nation and around the world; that an example is Olympic boxing; that any individual can sanction a fight; that the fight is a sanctioned fight only according to the sponsoring organization's rules; that a universal and global approach is required; that individuals could be drawn to Manatee County if amateur boxing competitions are prohibited in the City and Countyi that the prohibition should be at the State level; however, the State can act only under guidelines and has time constraints; that immediate action by the City and County is important and could be sunsetted if a law is passed equal to or better than the City and County ordinances; that the national sanctioning body of amateur boxing is USA Boxing, a non-profit organization which has been operating since 1888; that in a sanctioned fight, the primary concern is the safety of the participants; that a high level of integrity exists with the process of competing in the ring; that medical standards are involved; that a doctor must be at ringside, not a nurse or physician's assistant; that Emergency Medical Technicians (EMTs) and an ambulance must be available at the location; that training is required; that registration is required for fighters, referees, judges, trainers, and promoters with the organization; that organizations have safeguards to assure the people sanctioned follow the rules of the organization; that many of the matches are set up in advance sO people cannot just sign up to fight. Chief Abbott further stated that the events similar to the event at Robarts Sports Arena occur around the State and the Country; that the promoters simply allow everyone to come in, pay $10, and sign up to fight; that the situation is a recipe for disaster as has been seen; that a sanctioned bout has 12 weight classes starting from super heavyweight; that a 135 pound individual will not be fighting a 225 pound individual because the 135 pound person will take a huge pounding if both are equally trained; that the intent is to demonstrate defensive and offensive boxing skills in the ring, not to injure or maim; that unfortunately, injuries occur when bouts are not sanctioned; BOOK 54 Page 25846 07/07/03 2:30 P.M. BOOK 54 Page 25847 07/07/03 2:30 P.M. that the rules and regulations of USA Boxing have been reviewed and are good; that the primary concern is for the saiety of the participants. Attorney Singer stated that local government, either the County or the City, can enact regulations concerning amateur boxing for health, safety, and welfare reasons; that the City of Jacksonville passed an ordinance regulating amateur boxing in recent years; that the regulations are approached from the same perspective as the sale or dispensing of alcoholic beverages; that proposed regulations have been developed requiring amateur fights be sanctioned by USA Boxing; that the proposed regulations would apply to any amateur boxing competitions which would occur on premises at which alcoholic beverages are served or sold or to which an admission is charged. Mayor Palmer distributed to the Commission copies of a July 2, 2003, letter concerning the proposed regulations from Attorney Singer. Attorney Singer stated that the proposed regulations apply to any match, contest, or exhibition in any premises licensed for and serving alcoholic beverage or any premises at which alcoholic beverages are served; that unlicensed premises means the proposed regulations would apply whether or not the premises serving alcoholic beverages has a license or not; that the organization would be violating the law if serving alcoholic beverages without a license; that an illegal fight at any place at which illegal alcohol is being served is a double problem; that the regulation would be applied to any location at which alcohol is dispensed or served whether legal or illegal or which charges an admission fee to enter the location where the fight would be held; that the regulation could be written broadly enough to cover the structure at which the fight is held or the locale such as a park or festival area charging an admission fee to the area at which the fight is held; that an amateur is defined as a contestant who is not a professional as defined under the Florida statute; that the proposed regulations require that the match, contest, or exhibition be governed by, authorized by, and conducted according to the rules of USA Boxing or an organization which is a member of USA Boxing; that many sub-organizations belong to USA Boxing; that Florida has such an organization as do many other states; that all such organizations are subject to the rules and regulations of USA Boxing which is an umbrella organization. Attorney Singer continued that a permit would be issued by Sarasota County and would be posted at the site of the match; that the County was asked if willing to enter into a permitting scheme; that the City Attorney's Office would prefer a permitting scheme which would allow the City to become involved by seeking an injunction in court to stop an illegal match; that obtaining an injunction is easier if a permit is required but not obtained; that the violation can be stopped in advance; that if Countywide, the County would have to decide if a permitting process is appropriate; that in Jacksonville, the matches must be paired at least seven days in advance sO the fighters know who will be fighting; that alternates are permitted; that the contestants must have a physical before the match; that the rules are consistent with USA Boxing rules; that posting is required at the site of the fight with an original certification the match is sanctioned by USA Boxing or a member organization; that a notarized statement indicating the pairings were determined at least seven days in advance is required; that USA Boxing does require the presence of a physician at ringside; however, local regulations could require the presence of a physician and EMTs as well as the availability of an ambulance at the competition site; that Jacksonville allows amateur boxing sponsored by several other organizations including the American Boxing and Athletic Association, a non-profit corporation, the International Sport Combat Federation, the International Kickboxing Federation, and the Jacksonville Fraternal Order of Police Consolidated Lodge 5-30; that information concerning the Sports Combat Federal and the Kickboxing Federation is being obtained; that the Jacksonville City Attorney's Office has been contacted to determine the reason the other organizations were included in the regulations; that the reason for including certain organizations in any proposed ordinance will be explained to the Commission at the time presented; that in discussing the issue with the County Attorney's Office, the expectation is a draft ordinance could be introduced to the City and County Commissions in August 2003 with public hearings and adoption in September 2003. Chief Abbott stated that USA Boxing has 14 regional umbrella organizations; that 56 local organizations including the Golden Gloves, National Association of Police Athletic Leagues, National Collegiate Boxing Association, the military, and the Native American Sports Council exist; that the intent is not to outlaw boxing but rather to assure boxing is safe and to eliminate the profit for people who would use boxing in a manner which could end in tragedy. BOOK 54 Page 25848 07/07/03 2:30 P.M. BOOK 54 Page 25849 07/07/03 2:30 P.M. Mayor Palmer stated that Donna Clarke, District 69, Florida House of Representatives, provided information regarding the drafting an ordinance. Commissioner Servian stated that moving as quickly as possible to draft an ordinance is pleasing; that considerable contact among County and City Commissioners, the County and City Administration, and the County and City Attorneys took place the day after the event at Robarts Sports Arena; that taking the lead to work with the County is pleasing; that Representative Clarke is taking action at the State level; that having a tragedy occur to realize certain type of events are happening is unfortunate; that realizing these type of events occur was shocking. Mayor Palmer stated that wrestling is a sport in which amateurs are often involved; and asked if including wrestling or other sports with similar danger in any regulations has been discussed? Chief Abbott stated that the discussions have been limited to the type of event at Robarts Sports Arena; that a more global approach could be considered; however, the intent was to stop the type of event which resulted in the recent tragedyi that Representative Clarke was very helpful with her action at the State level; that regulating wrestling could be considered; that some back-room bouts of wrestling and kickboxing are Toughman competitions which are outlawed; that a loophole in the Toughman prohibition rendered the event at Robarts Sports Arena as strictly a boxing match. Mayor Palmer stated that wrestling should also be considered if the possibility exists of creating similar situations; that dealing with the situation involving boxing is supported. Commissioner Servian stated that the Deputy Police Chief indicated the combination of alcohol and these types of events is a bad situation; and asked if consideration had been given to outlawing alcoholic beverages at these type of events completely? Chief Abbott stated that the unsanctioned events and alcohol are a bad combination; however, attracting such events as Olympic boxing to the City would be desirable; that hosting a heavyweight championship would be desirable if done properly; that nothing is wrong with having a beer at a sanctioned match held in a safe environment; however, the combination of activities feeds into the frenzy due to the nature of the event; that the nature of the event can be stopped; that responsible people can go out and have a beer at an entertainment event. Commissioner Servian stated that no participant can have alcoholic beverages or drugs of any kind before becoming a participant under the regulations of USA Boxing. Chief Abbott stated that the participants must have a pre-bout and a post-bout physical to test for alcohol and drugs; that the umbrella of USA Boxing cures many ills. Mayor Palmer stated that the progress made in the short time is amazing; that the coordination with the County is pleasing; that the County is supportive of working together to develop appropriate regulations. Chief Abbott thanked Detective Wagonseller for sharing the information. Donna Clarke, District 69, Florida House of Representatives, Jody and Don Meyers, family of Stacy Young, who tragically died during a boxing competition held at Robarts Sports Arena, came before the Commission. Representative Clarke thanked the Commission for becoming involved sO quickly; that she is available even though being away at the Special Legislative Session; that a response was sent to correspondence received from Commissioner Servian while working on draft State legislation concerning the issue; that no desire exists to overstep any bounds at the State level as the City and the County work on local regulations; that the problem can be addressed at different levels; that the information obtained from the Commission and local law enforcement has made a difference in drafting the State legislation; that currently, some modifications for increased enforcement are being made to the draft State legislation; that a local permitting process can be controlled by the local government; that the City has excellent law enforcement to implement any regulations; that bringing in the Florida Highway Patrol to control the events is not necessary; that local government and law enforcement know if such events are occurring; that work will continue with the draft State legislation during the Special Legislative Session; that the draft State legislation will be filed by July 9, 2003, the deadline for submission for consideration at the Special Legislative Session beginning on July 10, 2003; that draft State legislation is evolving as the local regulations are evolving; BOOK 54 Page 25850 07/07/03 2:30 P.M. BOOK 54 Page 25851 07/07/03 2:30 P.M. that a challenge is to see who can get the regulations done first. Representative Clarke stated that the intent is to share the ultimate goal of the draft State legislation to ensure all amateur combative competitions including wrestling, kickboxing, etc., have the same standards as professional competitions which may help the City in developing regulations; that USA Boxing has been in existence since 1888; that society has evolved; that at the State level, Toughman Contests are already outlawed; however, an offense is only a misdemeanor; that the definition of Toughman is being reviewed; that consideration is being given to making an offense a third-degree felony; that the owner of a bar with a liquor license who is convicted of a felony loses the liquor license; that the realities of making any restrictions work are being discussed; that the Commission is encouraged to share any ideas; that work continues with the family members of the victim who have gone through a very emotional and trying trauma; that the family has been sharing information; that she appeared on Good Morning America concerning the issue on June 27, 2003; that legislators around the country have been in contact; that information is being shared to assure the problem can be addressed effectively, not just in the City and County and the State, but also across the country; that a societal need is being addressed. Mr. Meyers stated that the action being taken is supported; that information has been sent to individuals throughout the country to get out the word; that a crisis is being faced in the City, the County, the State, and the Nation; that action must start somewhere; that action should start in Sarasota; that taking action will send a message to the State and the Nation as to what Sarasota is about; that Sarasota is a great place in which to live and work and for people to prosper; that the right thing should be done. Ms. Meyers stated that gratitude is expressed for the attention given to this matter; that making something come out of the tragedy is important; that not having addressed the deaths occurring at such events sooner is very unfortunate; that her sister would still be alive if regulations had been in place; that she and her sister would still be in school and would still be working together; that her sister was a wonderful person who cannot be replaced; that the Commission's help is appreciated if something can be done to make the situation better. Mayor Palmer expressed the Commission's and the community's concern for the family's loss and appreciation for family's efforts for the community; and thanked Mr. and Ms. Meyers for speaking to the Commission. Commissioner Servian stated that the Commission extends condolences; that similar tragedies have happened all over the Nation; however, no one has stepped up and stopped the dangerous events; that the events will stop here. Mayor Palmer stated that the example of Jacksonville can be followed; that Polk County has passed an ordinance banning unsanctioned amateur boxing competitions; and thanked Representative Clarke for attending the meeting. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to authorize the City Attorney to work with the County Attorney to draft an ordinance regulating unsanctioned amateur boxing events in the City and County and return to the Commission as soon as possible. Commissioner Servian stated that contact should be maintained with Representative Clarke sO everyone is progressing in the same direction; that every effort should be extended to help each other. Mayor Palmer stated that the City has been working Closely with Representative Clarke, who has been very helpful and whose efforts are appreciated. Commissioner Bilyeu asked if Manatee County has been contacted? Chief Abbott stated no; that regulating the events in the City will result in the sponsors moving the events to outside the City limits, which would not solve the problem; that regulation must be at the City and County level and then Statewide. Mayor Palmer stated that a prohibition should be Nationwide; that Sarasotans can go elsewhere to participate in the events; that a similar tragedy should not happen to anybody who lives in the community. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. BOOK 54 Page 25852 07/07/03 2:30 P.M. BOOK 54 Page 25853 07/07/03 2:30 P.M. 21. NEW BUSINESS: APPROVAL RE: AUTHORIZE STAFF TO INITIATE REZONING OF KEN THOMPSON PARK FROM THE G (GOVERNMENTAL) TO THE POS (PARKS AND OPEN SPACE) ZONE DISTRICT APPROVED (AGENDA ITEM XIII-3) CD 8:25 through 8:29 Mayor Palmer stated that the request is to authorize Staff to initiate rezoning of Ken Thompson Park from the Governmental (G) to the Parks and Open Space (POS) Zone District. Mark Hess, Chief Planner, Planning Department, came before the Commission and stated that a Workshop concerning the Ken Thompson Park Master Plan was held in January 2003, at which time the Commission directed Staff to go forward and rezone the parts of City Island having the Open Space-Recreation-Conservation Future Land Use Classification. Mr. Hess referred to a map displayed on the Chamber monitors indicating the location of the rezoning; and stated that the proposal is the parts of the City Island peninsula would be rezoned to the POS Zone District to minimize or avoid future expansion of leasehold uses on City Island; that Staff is prepared to proceed with the rezoning effort; that confirming the Commission's direction for rezoning is desired by Staff. Commissioner Bilyeu referred to the map and requested clarification regarding the area jutting out into the water. Mr. Hess stated that the area is a parcel contained in a parcel mapi that the reason for including the area in the map is not known. Commissioner Servian asked if the area is for the proposed aviaries at the Pelican Man's Bird Sanctuary? Mr. Hess said yes. Commissioner Servian stated that a portion of the area is in the water. Mr. Hess stated that the bos on the Zoning Map indicates a legal description from the Parcel System. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a dock was previously located in the area. Commissioner Servian asked if the area is the location of the Sarasota Outboard Club? Mr. Hess said no. Mr. Schneider stated that Staff will provide a report concerning the status of the area. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to direct Staff to initiate the rezoning of Ken Thompson Park to the Park and Open Space (POS) Zone District. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Servian, yes; Palmer, yes. 22. NEW BUSINESS: APPROVAL RE: AUTHORIZE STAFF TO INITIATE REZONING OF ENCLAVE SITE NOS. 1 THROUGH 7, IN THE CITY OF SARASOTA = APPROVED (AGENDA ITEM XIII-4) CD 8:29 through 8:43 Mayor Palmer stated that approval for Staff to initiate rezoning of Enclave Sites Nos. 1 through 7 in the City. Mark Hess, Chief Planner, Planning Department, came before the Commission; displayed a map of the City indicating zoning enclaves; and stated that zoning enclaves are properties which are in a zone district which is not an implementing zone district for the Future Land Use Classification of the properties; that adoption of the Zoning Code (2002 Ed.) resulted in the creation of zoning enclaves throughout the Cityi that a significant number of zoning enclaves exist in the Cityi that the majority of commercial, industrial and office zoned areas and a few residential areas of the City are zoning enclaves; that the City's Comprehensive Plan, also called the Sarasota City Code, 1998 edition (City's Comprehensive Plan) requires the City review zoning enclaves; that the review has been completed; that most zoning enclaves do not merit the City's pursuit of rezoning at this time, for a variety of reasons but primarily as the existing zoning is not materially disparate for the sites; that seven sites have been identified which should be rezoned; that six of the sites are referenced as down-zone sites as the sites have a more intense zone district currently than anticipated by the Future Land Use Classification for the properties. Mr. Hess referred to a map displayed on the Chamber monitors indicating Sites 1 and 2 which are properties immediately east of Payne Park and in the Industrial Light and Warehousing (ILW) and Commercial Intensive (CI) Zone Districts; that the City's Comprehensive Plan anticipates Site 1 will be rezoned to the Residential Multiple Family (RMF) Zone District; that Site 2 will BOOK 54 Page 25854 07/07/03 2:30 P.M. BOOK 54 Page 25855 07/07/03 2:30 P.M. be rezoned to the Office Professional Business (OPB) Zone District; that the City is preparing to develop Payne Park; that the ILW Zone District immediately to the east of the park could lead to incompatible redevelopment; that Site 3 at the corner of Siesta Drive and Osprey Avenue is an existing gas station and rental car agency which is in a CI Zone District and is intended for the Commercial Neighborhood District (CND) Zone District; that avoiding the redevelopment potential of the CI Zone District is important as the CI Zone District could have a potential adverse impact on the neighborhood; that Site 4 located on Osprey Avenue north of Mound Street is in a CI Zone District with incompatible uses which could be developed; that Sites 5 and 6 located along Whittaker Bayou are in the CI Zone Districts; that Staff recommends rezoning Sites 1 through 6; that Site 7 is an up-zone site, a residentially-zoned property on Dr. Martin Luther King, Jr., Way (Dr. MLK Way) east of US 301 and eligible for commercial zoning; that Staff recommends rezoning Site 7 to serve as a catalyst for the City of Sarasota- Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan). Commissioner Bilyeu asked if Site 4 contains a car dealership and a dry Cleaning facility? Mr. Hess stated that the site includes the dry cleaning facility west of Osprey Avenue and the former car dealership. Mayor Palmer asked if Sites 5 and 6 are currently being rezoned? Mr. Hess stated that a pre-application conference has been held concerning a Comprehensive Plan Amendment involving the sites; that a neighborhood meeting is scheduled for July 2003; that the application would reclassify the Yacht Center property from the Community Commercial to the Residential Multiple Family Moderate Density Future Land Use Classification; that the application will likely be submitted in August 2003 and public hearings would occur in January and March 2004; that rezoning Sites 5 and 6 is a backup in case the application does not succeed. Mayor Palmer stated that two actions occurring simultaneously causes conflict; that rezoning should be held in abeyance until a decision is made. Commissioner Bilyeu agreed. Mr. Hess stated that Sites 5 and 6 can be removed from the rezoning requests; that not proceeding with the rezoning may alleviate public confusion. Mayor Palmer stated that the application is for the Commercial General District (CGD) Zone District; that the property is currently in the CI Zone District; that Staff is proposing a residential zone district; that delaying the proposed rezoning is recommended; that rezoning Site 3 is a concern as a gas station on the corner of Osprey Avenue and Siesta Drive is the only gas station in the area; that the property is currently in a CI Zone District; that the recommendation is for the Commercial Neighborhood District (CND) Zone District which does not allow gas stations. Mr. Hess stated that the rezoning would not require removal of the gas station; however, the gas station would be a non-conforming use; that the gas station could not be rebuilt if abandoned or destroyed. Commissioner Bilyeu asked if non-conforming uses are good? Mr. Hess stated that the goal is to eliminate non-conforming uses, which is indicated in the City's Comprehensive Plan; that the City's Comprehensive Plan could be changed if the desire is not to eliminate non-conforming uses. Mayor Palmer stated that the gas station is the only gas station in the area; and asked if rezoning the gas station site is Staff's recommendation? Mr. Hess stated that an analysis could be conducted to determine if the boundaries in the City's Comprehensive Plan were correctly drawn. Mayor Palmer stated that proceeding with the rezoning can continue; that the rezoning can subsequently be denied if desired. Commissioner Servian stated that moving forward is desired; that changes may be made as the rezoning process occursi that public input will be received. Commissioner Bilyeu agreed. Mayor Palmer stated that Sites 5 and 6 are involved in the Comprehensive Plan Amendment. BOOK 54 Page 25856 07/07/03 2:30 P.M. BOOK 54 Page 2585'7 07/07/03 2:30 P.M. Mr. Hess stated that an application has not yet been filed; that a pre-application has been held. Mayor Palmer asked if Site 6 is included in the discussion of the pre-application conterence. Mr. Hess said no; that Site 6 is a small property less that 3,000 square feet of land area immediately adjacent to the bridge at which US 41 crosses Whittaker Bayou. Mayor Palmer stated that the only property included in the pre- application conference is Site 5; that only Site 5 should be eliminated from the request. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve Staff's recommendation to initiate rezonings of Enclave Sites Nos. 1 through 7, with the exception of Site 5. Commissioner Bilyeu asked the height limitation in the Residential Multiple Family 4 (RMF-4) Zone District? Mr. Hess stated that the height limit in the RMF-4 Zone District is 70 feet; that Site 1 is eligible for the RMF-3 Zone District with a 35 foot height limitation and an allowable 13 units per acre; that the RMF-4 Zone District with a height limitation of 70 feet has an allowable 18 units per acre; that the RMF-5 Zone District with a height limitation of 90 feet has an allowable 25 units per an acre; that the RMF-4 Zone District allows up to 25 feet of additional height if parking is included. Mayor Palmer asked if Site 1 is in a Federal Emergency Management Agency (FEMA) Zone? Mr. Hess said no; that the attempt is to strike a balance between the potential 90 feet under the RMF-5 Zone District versus the potential 35 feet under the RMF-3 Zone District; that imparting additional value or some reasonable value to the land is desired as some industrial classification is being removed. Mayor Palmer stated that the proximity of Site 1 to Payne Park provides a good location for residential uses. Commissioner Servian stated that Site 1 is across from the railroad. Mr. Hess stated that a railroad separates Site 1 from the residential area. Commissioner Atkins stated that the RMF-4 Zone District would provide an opportunity to develop affordable housing in the area and would not negatively impact the community across the railroad tracks. Mayor Palmer called for a vote on the motion to approve Staff's recommendation to initiate rezonings of Enclave Sites Nos. 1 through 7, with the exception of Site 5. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Servian, yes; Palmer, yes. 23. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 8:43 through 8:46 COMMISSIONER SERVIAN: A. stated that Commissioner Atkins attended the most recent meeting of the Economic Development Board in her place; however, she did attend most of the meeting; that the meeting was for informational purposes; that an update concerning the activities of the Sarasota County Committee for Economic Development for the last quarter was provided; that a status report concerning the work of the Sarasota County Economic Competitiveness Group who is updating the Sarasota County Economic Development Plan was provided by the Downtown Association of Sarasota, Inc.; that the update is progressing and is ahead of schedule; that the anticipation is to have the final report by the fall of 2003. COMMISSIONER BILYEU: A. stated that the meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was attended; that a report will be provided at the July 21, 2003, Regular Commission meeting. MAYOR PALMER: A. stated that the Tourist Development Council (TDC) requested the Sarasota Board of County Commissioners (BCC) authorize funding for a conference center study; that the result has not been heard; that continuing BOOK 54 Page 25858 07/07/03 2:30 P.M. BOOK 54 Page 25859 07/07/03 2:30 P.M. interest is heard from the public; that a feasibility study to determine an appropriate location is required; that the concern regarding the loss of hotel and motel rooms Countywide, including all the municipalities, will be discussed at the next TDC meeting. Commissioner Atkins stated that the area along US 301 is ready for hotels and motels again, which should be mentioned at the next TDC meeting. Mayor Palmer stated that the general area is losing more hotel and motel rooms than are being gained; that the status Countywide will be reviewed; that US 301 as a likely location will be presented at the TDC meeting. 24. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XV) CD 8:46 through 9:11 COMMISSIONER ATKINS: A. stated that the City previously indicated the Brownfield site would be secured with a fence around the perimeter within a couple of weeks; that a couple of weeks has passed; that Staff has indicated the fence should be arriving shortly for installation; and asked the current status? City Manager McNees stated that the funds have been allocated; that a Request for Bids has been issued; that more specific information will be provided concerning the target date for installation. Mayor Palmer stated that a community meeting was planned for approximately July 21, 2003; that no additional information has been received; and asked the exact date sO the community can be informed? City Manager McNees stated that the information will be provided. COMMISSIONER SERVIAN: A. stated that the crowds were patient with the rain delay experienced at the July 4th celebration; that appreciation is expressed to Channel 40 for the fireworks display which was excellent and longer than previously seen in the City; that communications to the crowd should be improved; that prior to next year, a method for communication through the Police Department should be developed; that the event was successful. Mayor Palmer stated that the hour and a half delay of the fireworks was a concern; that the problem concerning the fireworks is understood; that the community has indicated the fireworks should not begin until after the fireworks at Siesta Key; that if sO, the community should be told the fireworks will not begin until later; that the fireworks should start at the designated time. City Manager McNees stated that the fireworks will be on schedule for 2004 unless delayed by weather; that a system will be implemented to communicate to the attendees; that the efforts of Channel 40 in providing a spectacular show are appreciated. B. asked the status of the study for in-house counsel? Mayor Palmer stated that a request was made to place an item concerning the issue on the current Agenda; however, the City Attorney just returned from an out-of-state trip; that the issue will be discussed during the budget workshops. City Attorney Taylor stated that detailed background analysis is required for the Commission's consideration and has been completed with the Finance Department; that the belief is the Commission views the work of the City Attorney's Office as causing considerable expense which can be controlled; that the anticipation is the result will indicate out of house counsel is not costing the City a considerable amount; that the City Attorney's Office represents only 60 percent of the City's legal fee; that the City has legal fees beyond the fees about which the Commission may be unaware, covering a broad spectrum of servicesi that the analysis has been completed with the assistance of the Finance Department, will be disseminated in the near future, and will be informative to the Commission; that the legal fees supporting the day-to-day operations are not as high as may be anticipated. Mayor Palmer stated that the effort to develop the detailed background analysis is appreciated. BOOK 54 Page 25860 07/07/03 2:30 P.M. BOOK 54 Page 25861 07/07/03 2:30 P.M. City Attorney Taylor stated that the detail background analysis will be provided by the time the Commission is considering the budget. Commissioner Atkins asked if comparative analysis with other cities of comparative size and environment will be provided? City Attorney Taylor stated that statistics from other cities have not been obtained; that the effort is to perform a detailed analysis sO the Commission can clearly understand the legal costs of supporting the day-to-day operations of the City which is necessary to compare figures with other cities; that every jurisdiction is structured differently; that through discussions with the Florida League of Cities (FLC), understanding the overall costs is difficult as legal fees cover a wide spectrum of services, not all of which are readily apparent. Commissioner Servian stated that the first step was to contact the FLC for comparative information; however, the FLC does not have comparative data as every municipality is different; that the City of Sarasota has more complexities than other cities which may be three times as large due to the Enterprise Zone, the Community Redevelopment Area, etc.; that making valid comparisons is important; that knowing the detailed background analysis is being prepared is pleasing and important. C. stated that a letter was received from the Secretary of State indicating the State has approved an historic preservation grant for a plaque and stand for Harding Circle at St. Armands Key; that the effort to designate Harding Circle as an historic area has been ongoing for five or six years; that Harding Circle was designated historic approximately three years ago; that the funds are now being provided. D. stated that complaints have been received concerning the location of the temporary transfer station for the Sarasota County Area Transit (SCAT) at Selby Public Library (Library); however, the people complaining lobbied the City to keep the SCAT transfer facility in the Downtown area; that the complaints are from sO- called NOMLS, or Not On My Library Steps; that the NOMLS may be successful as the County is considering moving the temporary station; and asked for the status? City Manager McNees stated that the County is considering moving the temporary transfer station and has assembled a Task Force to consider the issue; that the City will have a seat on the Task Force; that providing a status is premature; that the irony is the temporary transfer station is near the Library, which is near the location many supported as the permanent location for the transfer station; that the bonding companies for the Five Points Project and the Whole Food Project have expressed concern regarding the attractive nuisance aspect of the construction sites and safety issues related to the location of the SCAT temporary transfer station; that work will continue with the County. Mayor Palmer stated that diesel fumes from the SCAT buses are a serious problem. City Manager McNees stated that the Deputy City Manager is the City's representative on the Task Force. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a meeting of the Task Force meeting is scheduled for July 11, 2003. Commissioner Bilyeu stated that people are encouraged to present solutions to presented problems. COMMISSIONER BILYEU: A. stated that in 1987, four inches of water in his garage was experienced; that nothing can be done if a flood is coming; that steps can be taken in the event of a hurricane; however, a flood creates a bad feeling; that people in the Phillippi Creek area experienced flooding after the terrorist attacks of September 11, 2002; that the personal belongings lost such as photographs cannot be replaced; that the concern of the Phillippi Creek residents with the recent flooding is understood; that the success of the Phillippi Creek project in preventing flooding is wonderful; that the concern of the neighborhood residents to assure the Philippi Creek project was working was wonderful; that the concern of the Board of Directors of the neighborhood association is appreciated and applauded. B. stated that complaints concerning real estate signs have been received; that Staff indicated enforcement is complaint driven; that signs should not be placed on the right-of-way; that permission to place signs must be BOOK 54 Page 25862 07/07/03 2:30 P.M. BOOK 54 Page 25863 07/07/03 2:30 P.M. asked of property Owners; that determining the location of the right of way can be difficult; and asked the actions being taken by the City? Mayor Palmer stated that Staff is meeting with real estate representatives; that care must be exercised; that many organizations will wish to place signs if real estate signs can be placed on the right-of-way. Commissioner Bilyeu stated that providing informative sessions to affected parties may be necessary. C. stated that information has been received from Dooley & Mack/Forristall (Dooley & Mack) concerning the amount owned by the City for the renovation of the Van Wezel Performing Arts Hall (VWPAH) ; that four audits have been conducted indicating the money is owed by the City; that written information as to the reason the amount is not owned by the City has been requested but not yet received; that information has been received from experts indicating the money is not owed; that additional information is necessary to make intelligent decisions; and asked if an Out-of-the-sunanine meeting can be held to discuss the issue? City Attorney Taylor stated that an out of the sunshine cannot be held as the City is not involved in litigation with Dooley & Mack. Mayor Palmer stated that a suggestion is to meet with the City Attorney to obtain the information. Commissioner Bilyeu stated that a meeting will be scheduled with the City Attorney; that Dooley & Mack has been criticized for work at the VWPAH and the County jail project; that Dooley & Mack is doing a good job on the project for the Salvation Army and has constructed many projects in the City; that the City owes Dooley & Mack the opportunity to present their views concerning the money owed. D. stated that two weeks was enjoyed in his home town of Assumption, Illinois, which has population of 1,300 and was the largest small machinery town in the world in his youth; that his family had a farm of 1,000 acres in the country; that his upbringing for the 15 years of his youth is appreciated; that the town's sesquicentennial [150th anniversary] was celebrated during his visit; that the centennial was celebrated in 1953, prior to his birth; that ten couples married over 50 years were present at the recent celebration; that his niece was Miss Assumption; that Assumption is a Catholic term commemorating the assumption of Mary, the mother of Jesus; that the word Illinois means a tribe of superior men; that perfect weather and an excellent fireworks display were enjoyed during his vacation; that the Mayor of Assumption is also a female. MAYOR PALMER: A. stated that a meeting will be held concerning the status of the Sarasota High School building on July 8, 2003; that the School Board of Sarasota County is hiring a facilitator to work with the community to make a decision concerning the building. B. stated that a conference was recenty attended at which the Council/Manager form of government was discussed; that information was received and provided to the City's Director of Human Resources; that the Commission should discuss the information at a retreat; that a facilitator should assist in a discussion concerning the Commission's relationship with the Charter Officials; that many ideas to increase the effectiveness of the Commissioners in working with Charter Officials were discussed; that a retreat should be scheduled in the fall of 2003; that hearing no objections, a retreat will be scheduled in the fall of 2003. C. stated that an update of legislative priorities will be provided by a representative of the Florida League of Cities at the July 10, 2003, meeting of the Sarasota/Manatee Metropolitan Planning Organization. 25. OTHER ATES/APMPISEAIV: OFFICERS (AGENDA ITEM XVI) CD 9:11 through 9:25 CITY MANAGER MCNEES: A. stated that a request has been received to schedule boat races the weekend prior to the Labor Day holiday; that a special event permit has been submitted to the City; that closure of the Tenth Street boat ramps for three days has been requested, which is a concern; that the BOOK 54 Page 25864 07/07/03 2:30 P.M. BOOK 54 Page 25865 07/07/03 2:30 P.M. boat ramps were closed during a recent holiday weekend; that the City has limited boat ramp space; that alternatives will be discussed with the sponsors of the boat races; that input from the Commission is requested; that closing the boat ramps to the boating public is a concern; that input from the boating public should be heard. Commissioner Servian asked if alternatives are available? City Manager McNees stated that the availability of possible alternatives is not known; that Staff will work with the sponsors to determine possible alternatives. Commissioner Servian stated that closing the boat ramps for three days is a concern. Commissioner Atkins stated that the boat ramps were a concern from the date of construction; that a more thriving facility with more activity was desired; that the boat ramps do not serve the City's residents; that any activity to stimulate the economy and bring money into the City is supported; that closing the boat ramps for three days is supported. Commissioner Bilyeu stated that Ken Thompson Park may be an alternative; however, large cranes will be required; that creating problems for the landscaping at Ken Thompson Park is not desired; that Staff can determine if alternatives are viable. Commissioner Servian stated that the Sarasota Sailing Squadron Regatta is scheduled for Labor Day weekend; that agreement is expressed with the position of Commissioner Atkins if the majority of the users of the boat ramps are not from the City; that information concerning the users of the boat ramps at Tenth Street is not known; that anything to stimulate the tourist economy is worthwhile. Commissioner Atkins stated that the boat ramps have been a regional boat dock since initial construction; that major boat manufacturers have used the boat ramps more than the City's residents; that advantage should be taken of any opportunity to stimulate the economy. - - Mayor Palmer stated that alternatives should be considered; that many City residents use the boat ramps; that other options should be considered before the boat ramps are closed for three days. City Manager McNees stated that the issue will be considered; that a report will be provided to the Commission. Commissioner Servian stated that no complaints were received at the time the boat ramps were recently closed. Mayor Palmer stated that people expected the boat ramps would be closed for the past event but may not wish the boat ramps closed for another weekend. Commissioner Atkins stated that the City's residents can find other places from which to: launch boats; that people from Manatee or DeSoto Counties who use the boat ramps can find other alternatives. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the boat ramps at Ken Thompson Park cannot be utilized as the water is too shallow. Mayor Palmer asked if other locations in Sarasota County are available? Mr. Schneider stated that other locations will be investigated but are unlikely. Mayor Palmer stated that a report back would be appreciated. 26. ADJOURN (AGENDA ITEM XVII) CD 9:25 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of July 7, 2003, at 9:25 p.m. A LOU ANN R. PALMER, MAYOR - ATTEST: - 3 AA Rober & BILISY ES OROBINSON, CITY AUDITOR AND CLERK BOOK 54 Page 25866 07/07/03 2:30 P.M.