MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 20, 2009 PRESENT: Mayor Lou Ann R. Palmer, presiding, Vice Mayor Ken Shelin, Commissioners Richard Clapp and Kelly M. Kirschner, City Manager Robert J. Bartolotta, City Attorney Robert M. Fournier, and City Auditor and Clerk Billy E. Robinson ABSENT: Commissioner Fredd "Glossie" Atkins attending the Presidential nauguration in Washington D.C. The meeting was called to order by Mayor Palmer at 2:30 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson Mayor Palmer stated that all Commissioners should take a moment of personal privilege as today is an extraordinary day in history of the United States; that the United States is currently in a difficult situation, locally, nationally, and internationally; that the United States will have a new beginning in Washington D.C., and a new hope for the United States; that the City would like to retain the feeling of a new hope and an opportunity for new beginnings locally; that everyone should work together to improve the local community over the next several years; that everyone should wish the new United States President Barack Obama the very best regardless of political and personal beliefs and thank former United States President George Herbert Walker Bush for his service; that Commissioner Atkins is not present as he is in Washington, D.C., celebrating one of the most important days of his life. Commissioner Kirschner stated that he attended a luncheon at the Argus Foundation; that the Argus Foundation plaçed a television in the room to allow everyone an opportunity to watch the inauguration ceremony; that he was unable to find a dry eye in the room at the conclusion of the speech given by the 44th President of the United States, President Obama; that the speech given by former Federal Deposit Insurance Corporation Chair Bill Isaac at the luncheon concerned the magnitude of the issues faced today; that Valerie Buchand, City resident, previously indicated a high expectation is being placed on President Obama; that local issues will not be resolved by the United States President but rather the local population including government. Commissioner Clapp stated that President Obama has made speeches emphasizing everyone must come together; that a question is if the City is coming together; that the City still has struggles with issues concerning neighborhoods, the Downtown, development, and business; that the City must focus on the strengths to help improve the community. Vice Mayor Shelin stated that President Obama indicated unfortunately the characteristic of public debates tends to become somewhat mean spirited, nasty, and personal; that the character of local debates should be changed to deal with issues rather than being mean spirited, nasty, and personal; that the dream which Dr. Martin Luther King, Jr., spoke about in front of the Lincoln Memorial years ago has been achieved; that he is proud to see the differences and issues resolved; that today is a great day to be an American. Mayor Palmer stated that the Commissioners have indicated the City must come together as a community; that everyone should examine how we speak to and treat each other; that a segment of a speech of Dr. Martin Luther King, Jr., indicating he believed an African-Armerican president would be sworn into office within 25 years was played on television; that the swearing-in of an African-American president into office has now come to fruition. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) No one signed up to speak. Book 60 Page 31234 01/20/09 2:30 P.M. Book 60 Page 31235 01/20/09 2:30 P.M. 2. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Palmer noted Commission consensus to approve the minutes of the Regular Commission meeting of January 5, 2009. 3. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Kirschner removed Item No. 2 for discussion. 1) Approval Re: Proposed 2009/10 Budget Calendar. 3) Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Second Extension of North Water Tower Park Lease Agreement between the City of Sarasota and New Cingular Wireless PCS, LLC. 4) Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the First Extension to Southgate Water Tower Lease Agreement between the City of Sarasota and Metro PCS Florida, LLC. 5) Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the First Extension of North Water Tower Park Lease Agreement between the City of Sarasota and Alltel Wireless Holdings, LLC. 6) Approval Re: Authorize the City Attorney to prepare an amendment to extend the Option to Purchase Real Property Contract dated January 20, 1989, between the City of Sarasota and Hi Hat Ranch from January 20, 2009 to March 2, 2009, and authorize the City Auditor and Clerk to execute the amendment. A motion was made by Vice Mayor Shelin, seconded by Commissioner Kirschner, and carried by a 4-0 vote to approve Consent Agenda No. 1, Item Nos. 1 and 3 through 6. 4. ITEM REMOVED FROM CONSENT AGENDA NO. 1 2) Approval Re: Award of contract and authorize the Mayor and the City Auditor and Clerk to execute the Agreement between the City of Sarasota and Weeks Marine, Inc. (Bid #09-07K), in the amount of $4,640,000 for the Lido Beach Renourishment Project (Agenda Item IV-A-2) Commissioner Kirschner stated that he believed the City had to go offshore to obtain sand fill for the Lido Beach Renourishment Project as the City was unable to use the sand fill from New Pass due to the archeological artifacts found and asked if the quality of the sand being dredged from New Pass will be fine, white sand or the gray sand which is brought up on occasion. Capital Projects Engineering General Manager/City Engineer Alexandrea DavisShaw, Public Works Department, came before the Commission and stated that the Florida Department of Environmental Protection (FDEP) requested the City run another search for metallic anomalies; that FDEP is comfortable with borrowing sand from New Pass after reviewing the result of the new search; that the sand will be similar to the white, fine sand found on Lido Beach. In response to a request for an explanation by Mayor Palmer concerning the status of the issuance of a permit by FDEP and a permit by the Army Corp of Engineers which have not yet been received, Ms. DavisShaw stated that Staff is requesting approval contingent upon obtaining the permits from FDEP and the Army Corp of Engineers to begin the Lido Beach Renourishment Project; that discussions with FDEP indicated FDEP would issue the FDEP permit as quickly as possible; that the City should be receiving the permit probably by January 22 or 23, 2009; that the Army Corps of Engineers will not issue a permit until the FDEP permit has been issued; that FDEP and the Army Corps of Engineers have both indicated the City has provided all the necessary information. In response to a comment by Mayor Palmer indicating Lido Key residents are inquiring when the renourishment will be completed, Ms. DavisShaw stated that a notice to proceed will be issued once the two permits have been received; that Weeks Marine, Inc., must have the Lido Beach Renourishment Project completed by April 15, 2009. In response to a question by Commissioner Kirschner asking if 90 percent of the expense is reimbursable by the Federal Emergency Management Agency (FEMA), Ms. DavisShaw stated that the initial loss of sand is 90 percent reimbursable by FEMA; that the subsequent loss of sand will be paid by an FDEP grant and funds from the Tourist Development Tax. A motion was made by Commissioner Kirschner, seconded by Vice Mayor Shelin, and carried by a 4-0 to approve Consent Agenda No. 1, Item No. 2. 5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read proposed Resolution No. 09R-2076 and proposed Ordinance No. 09-4843 by title only. 1) Adoption Re: Proposed Resolution No. 09R-2076, amending the budget for the fiscal year beginning October 1, 2008, by providing for supplemental appropriations in the amounts identified in Exhibit A, etc. (Title Only) 2) Adoption Re: Second reading of proposed Ordinance No. 09-4843, annexing certain real property lying contiguous to the City limits into the corporate limits of the City of Sarasota as requested by Marian H. Gable, as Trustee of the Marian H. Gable Revocable Trust dated August 30, 1996, Ronald Albee, Susan Callahan, Elizabeth Callahan, Susan L. Saltalamacchia, as Trustee of the Susan L. Saltalamacchia Revocable Trust dated November 3, 1995, the owners of said real property, with said real property being generally described as 3800, 3810, and 3816 Flamingo Avenue, Sarasota, Florida, lying southerly of and outside the current municipal limits of the City of Sarasota; making findings; redefining the boundary lines of the City of Sarasota to include said real property, etc. (Title Only) Ar motion was made by Vice Mayor Shelin, seconded by Commissioner Clapp, and carried by a 4-0 vote to approve Consent Agenda No. 2, Item Nos. 1 and 2. 6. BOARD APPOINTMENTS (AGENDA ITEM V) 1) APPOINTMENT RE: ST. ARMANDS BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS (AGENDA ITEM V-1) City Auditor and Clerk Robinson stated that the two-year term held by Martin Rappaport on the St. Armands Business Improvement District Board of Directors expired on December 31, 2008; that Mr. Rappaport has expressed an interest in reappointment. A motion was made by Commissioner Clapp, seconded by Vice Mayor Shelin, and carried by a 4-0 vote to reappoint Martin Rappaport to the St. Armands Business Improvement District Board of Directors. 7. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) PRESENTATION RE: MASTER PLAN OF THE COMMERCIAL TOURIST DISTRICT ON ST. ARMANDS KEY AND EXTENSION OF THE BUSINESS IMPROVEMENT DISTRICT FOR AN ADDITIONAL 10-YEAR TERM (AGENDA ITEM VI-1) Book 60 Page 31236 01/20/09 2:30 P.M. Book 60 Page 31237 01/20/09 2:30 P.M. Martin Rappaport, Chair, St. Armands Business Improvement District (BID) Board of Directors, came before the Commission, acknowledged Diana Corrigan, Executive Director, St. Armands Merchants Association, Jim Grace, St. Armands Residents Association, City Purchasing Manager Mary Tucker, Financial Administration Department, and City Neighborhood and Development Services Integration General Manager David Smith who have worked closely with the St. Armands BID Board of Directors; gave a presentation concerning the history of the creation and accomplishments of the St. Armands BID; and stated that the St. Armands BID in cooperation with the City hired Heidt and Associates, Inc., to study and present the first Master Plan of the Commercial Tourist District on St. Armands Key. Brian Cale, Project Manager, Heidt and Associates, Inc., came before the Commission and introduced Hannah McAleer, Project Team Leader, Heidt and Associates, Inc., Russell Moore, Project Team Support, IBI Group, Inc., Steve Henry, Parking Traffic Consultant, Lincks and Associates, and Bob Bray, Economist, Strategic Planning Group, Inc. Mr. Moore and Ms. McAleer came before the Commission. Mr. Moore gave a computer-generated presentation conçerning the Master Plan for the Commercial Tourist District on St. Armands Key including goals and objectives, geographic statistics, project schedule, the results of the questionnaire interviews given to residents and merchants, summary market evaluation, parking goals, and urban design analysis of commercial and parking structures and streetscape; and stated that the following summary recommendations are being presented to the Commission: Bury the power lines on John Ringling Parkway and beautify the entries onto St. Armands Key, Restripe South Boulevard of the Presidents to add parking spaces, - Identify a major retail anchor within one year and plan a parking structure, - Provide attractive bicycle parking facilities, Commission the development of a St. Armands Design Manual to establish design guidelines for architecture and maintenance, Commission a new wayfinding program, Commission a new streetscape improvement plan, and Extend the life of the St. Armands BID. Mr. Cale, Ms. McAleer, and Mr. Moore answered Commission questions regarding the wayfinding program including the design of signage, establishment of priorities, and restriping of streets. Mr. Henry answered Commission questions concerning the parking goals including structured parking and valet parking and use of other methods of transportation for St. Armands Key. Vice Mayor Shelin stated that the burial of power lines and creation of parking projects should be coordinated. Commissioner Kirschner stated that pervious surfaces should be considered when constructing additional parking lots. Mr. Gray answered Commission questions concerning the possible construction of a hotel and possible funding sources for capital improvement projects located in the St. Armands BID. Mr. Rappaport thanked the project team for a job well done, stated that the St. Armands BID Board of Directors is not requesting the Commission take immediate action based on the presentation, and requested the Commission accept the Master Plan for the Commercial Tourist District on St. Armands Key as oresented and authorize the St. Armands BID Board of Directors to begin the process to extend the St. Armands BID for an additional ten years. A motion was made by Vice Mayor Shelin, seconded by Commissioner Kirschner, and carried by a 4-0 vote to accept the Master Plan for the Commercial Tourist District on St. Armands Key, authorize the St. Armands Business Improvement District (BID) to begin the process to extend the life of the St. Armands BID for ten years, and direct Staff to work with the St. Armands BID Board of Directors concerning the valet parking issue. 2) DIRECTION RE: LOCAL HOUSING INCENTIVE PLAN (AGENDA ITEM VI-2) General Manger Donald Hadsell, Neighborhood and Development Services (NDS) Department, Community Development Division, came before the Commission and stated that the State law concerning the State Housing Initiatives Partnership (SHIP) program was amended in 2007 to require the establishment of an Affordable Housing Advisory Committee to recommend methods to streamline regulations to make housing more affordable; that the Affordable Housing Advisory Committee presented their final report to the Commission at the December 15, 2008, Regular Commission meeting; that the report was referred to the Administration for review; that the Administration reviewed the recommendations; that minor modifications have been made for greater clarity; that the Administration is requesting Commission direction to allow the formal amendment of the Local Housing Incentive Plan by the end of February 2009 as required by State law; that the Administration recommends moving forward with the Administration's recommendations. In response to a question by Mayor Palmer asking which Staff members are making the recommendations, Mr. Hadsell stated that the recommendations were made by the Staff of the Neighborhood and Development Services Department. Neighborhood and Development Services Director Timothy Litchet came before the Commission and answered Commission questions concerning the purchase of a tracking system to help track affordable housing projects and to facilitate creating a report in a timely manner if requested. In response to a question by Vice Mayor Shelin asking if an Excel spreadsheet can be used to help track affordable housing projects to facilitate generating reports in a timely manner when requested, Mr. Litchet stated yes. Mr. Litchet and Mr. Hadsell answered Commission questions concerning the possibility of the City's sharing the County's AMANDA automated system to track the City's affordable housing projects, the tracking of purchase and sale of individual condominiums constructed under the affordable housing program, and the deferring the payment of impact fees. A motion was made by Vice Mayor Shelin, seconded by Commissioner Clapp, and carried by a 4-0 vote to adopt the Staff recommendations and authorize Staff to prepare an amendment to the Local Housing Incentive Plan to incorporate the final changes proposed by Staff which are included in the Agenda backup material for submission to the Florida Housing Finance Corporation. 8. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS. AND ITEMS FOR NEXT AGENDA (AGENDA ITEM V) COMMISSIONER CLAPP: 1. stated that Staff should request actual data concerning the water quality in the Bayfront as the water looks murky; that Jack Merriam, Sarasota County Environmental Services, indicated the possibility of other issues with the water such as poor circulation and recommended the City speak to someone at the Mote Marine Laboratory and Aquarium concerning the water quality in the Bayfront. Book 60 Page 31238 01/20/09 2:30 P.M. Book 60 Page 31239 01/20/09 2:30 P.M. Mayor Palmer noted Commission consensus to direct Staff to speak to someone at Mote Marine Laboratory and Aquarium concerning the water quality in the Bayfront. 2. stated that Lido Key residents have been involved in working with the State, the consultant, and the City to renourish Lido Beach. 3. stated that the willingness of the Public Works Department to rebuild the brick street, Rawls Avenue, in Laurel Park Neighborhood is appreciated. COMMISSIONER KIRSCHNER: 1. stated that contractors and sub-contractors for the construction of the new Sarasota Police Department Headquarters and other City projects should be made aware of the importance of and provide periodic reports concerning hiring locally. 2. stated that Chief Neighborhood Planner Ryan Chapdelain, Neighborhood and Development Services Department, indicated the planning for the installation of lighting around the central pond in the Poinsettia Park Neighborhood was just completed; that the project was budgeted in fiscal year 2007/08 and is not yet completed. 3. stated that the only financial data for the proposed mooring field the City had to review was the financial data provided by Jack Graham, Inc.; that an intern who has a finance degree from Florida State University developed a report showing the true opportunity cost to the City identified as $21.9 million at the net present value which is currently equivalent to $8.4 million conservatively; that any feedback would be appreciated; and distributed the report to the Commission. Ar motion was made by Commissioner Clapp, seconded by Vice Mayor Shelin, and carried by a 4-0 vote to extend the meeting to finish the afternoon Agenda of the January 20, 2009, Regular Commission meeting. VICE MAYOR SHELIN: 1. displayed a picture of an overturned vehicle which had crossed over from a northbound lane to a southbound lane of North Tamiami Trail just north of the Mound Street curve on the overhead and stated that the photograph demonstrates the need to proceed expeditiously with the implementation of the Bayfront Connectivity Study to determine a method to reduce the speed limit along North Tamiami Trail as vehicles rollover the median into oncoming traffic on a regular basis. 2. stated that his position concerning the elected Mayor referendum has been continuously misrepresented as he neither supports nor opposes the referendum as the electorate should determine the form of governance. MAYOR PALMER: 1. requested that a resolution opposing the referendum for an elected Mayor and the expansion of the Commission from 5 to 7 members be placed on the Agenda of the February 2, 2009, Regular Commission meeting. 2. stated that the individual who was appointed by the City to the Citizens Oversight Committee for the Interlocal Agreement among the cities and the County for School Facilities Planning (Citizens Oversight Committee) was unable to continue and resigned; therefore, the City should appoint a replacement; that she recommends the appointment of Elmer Berkel who has indicated a willingness to serve to the Citizens Oversight Committee. In response to a question by Vice Mayor Shelin asking if the position must be advertised to allow interested parties to submit applications, City Auditor and Clerk Robinson stated that advertising the vacancy is not required; however, the City normally advertises any vacancies on a board. Vice Mayor Shelin stated that an Item should be placed on a future Agenda of a Regular Commission meeting. Commissioner Clapp stated that the vacancy should be advertised. Mayor Palmer requested that an Item be placed on the Agenda of the February 2, 2009, Regular Commission meeting to appoint an individual to serve on the Citizens Oversight Committee. 3. stated that the possibility of the Sarasota County School District's (School District) taking over construction management for other governments is being considered; therefore, the City Manager was requested to provide an overview of the possibility of merging services with other government entities to avoid duplication. Deputy City Manager V. Peter Schneider came before the Commission and stated that the City, County, School District Staffs have met on two occasions to attempt to coordinate all construction activities in the North Sarasota area and to review possible efficiencies in the construction of a project if the School District is available; that the School District does most vertical construction in the County; however, the School District does not have a full staff. In response to a comment by Commissioner Clapp indicating he was advised the School District has the ability to hire local people more easily than the City and the County, City Manager Bartolotta stated that the School District uses the Request for Proposals (RFP) process which provides the ability to mandate specific requirements. 4. requested that the City Attorney give a report on the Whitaker Bayou and Proscenium lawsuits. City Attorney Fournier stated that the complaint filed by the plaintiffs who oppose the Whitaker Bayou Project raised questions pertaining to the interpretation and enforcement of the Zoning Code (2002 Edition) (Zoning Code); that the questions should first go before the Board of Adjustment; that if the plaintiffs are not satisfied, a complaint can be filed with the Circuit Court; that he prepared a stipulation for the property owner, developers, and plaintiffs to sign in agreement to abate the current action and transfer the matter to the Board of Adjustment; that the Circuit Court approved the City's motion for a stay for a period of 90 days in the lawsuit filed concerning the Proscenium Project. 5. stated that Jason Collins, P.E., Trans Associates, and the Trans Associates Team will be making a presentation concerning the Bayfront Connectivity Study at a Longboat Key Commission Workshop at the Town Hall at 2:00 p.m., January 23, 2009; that the same presentation will be made at the January 27, 2009, Commission Workshop at 3:00 p.m. and everyone is invited to attend. 6. stated that the Downtown Partnership is bringing the former mayor of Carmel, Indiana, as a guest speaker at the luncheon on January 27, 2009. Book 60 Page 31240 01/20/09 2:30 P.M. Book 60 Page 31241 01/20/09 2:30 P.M. 9. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVI) CITY AUDITOR AND CLERK ROBINSON: 1. stated that for a week beginning at noon on Friday, January 16, 2009, qualifying for the 2009 City Commission Election opened and closes on at noon on Friday, January 23, 2009; that eight people have qualified; that one more person is expected to qualify to run in the upcoming election. 2. stated that Commission Workshop to discuss the Bayfront Connectivity Study is scheduled at 3:00 p.m., January 27, 2009. CITY ATTORNEY FOURNIER: 1. stated that the Zoning Code (2002 Edition) (Zoning Code) previously included a City/County land use equivalency table; that the City may need a land use equivalency table which will allow Staff to look up the County Zone District and automatically rezone a property annexed into the City; that he would like authorization to speak with Staff regarding including a land use equivalency table in the Zoning Code. Mayor Palmer noted Commission consensus to authorize the City Attorney to speak with Staff regarding including a land use equivalency table in the Zoning Code. The Commission recessed at 4:42 p.m. and the meeting reconvened at 6:00 p.m. Mayor Palmer recognized Boy Scout Troop 78 and Assistant Scout Master David Debold present in the Chambers. 10. COMMISSION PRESENTATION (AGENDA ITEM IX) 1) PRESENTATION RE: EMPLOYEE OF THE YEAR, JAN WIERCINSKI, CREW LEADER II, PUBLIC WORKS DEPARTMENT (AGENDA ITEM IX-1) - Presented to Jan Wiercinski, Crew Leader II, Public Works Department. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM X) No one signed up to speak. 12. LEGISLATIVE PUBLIC HEARING (AGENDA ITEM XI-A) City Auditor and Clerk Robinson stated that no one signed up to speak during the public hearings. 1) ADOPTION RE: PROPOSED ORDINANCE NO. 09-4838, AMENDING THE ZONING CODE (2002 EDITION) (ZONING CODE) OF THE CITY OF SARASOTA BY: MODIFYING ALL ARTICLES WITHIN THE ZONING CODE TO REFLECT CHANGES RESULTING FROM THE 2008 CITY STAFF ORGANZATIONAL RESTRUCTURING; AMENDING REGULATIONS APPLICABLE TO HISTORIC PRESERVATION; CHANGING THE TERM "NEIGHBORHOOD WORKSHOP" TO "COMMUNITY WORKSHOP"; ALLOWING THE CITY COMMISSION TO WAIVE PROCEDURAL REQUIREMENTS IN ORDER TO EXPEDITE CERTAIN ZONING TEXT AMENDMENTS (ZTA); RETAINING THE EXISTING PROCESS WHICH ALLOWS APPEALS OF CERTAIN DECISIONS OF THE PLANNING BOARDILOCAL PLANNING AGENCY TO BE HEARD BY THE CITY COMMISSION; ADDING CERTAIN IMPLEMENTING ZONE DISTRICTS sO AS TO BE CONSISTENT WITH THE SARASOTA CITY PLAN (2008); MAKING AN ERRATA AMENDMENT REGARDING SUBMERGED LANDS SO AS TO BE CONSISTENT WITH THE SARASOTA CITY PLAN (2008); ESTABLISHING CONSTRUCTION STAGING REQUIREMENTS FOR CERTAIN NEW SINGLE-FAMILY HOMES; MAKING CERTAIN ERRATA AMENDMENTS REGARDING OUTDOOR DISPLAYS sO AS TO ELIMINATE AN INCONSISTENCY; MAKING AN ERRATA AMENDMENT REGARDING THE PRIMARY STREET GRID MAP sO AS TO BE CONSISTENT WITH THE SARASOTA CITY PLAN (2008); ESTABLISHING ALLEY SETBACKS IN THE DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICT; ADOPTING BICYCLE PARKING STANDARDS; MODIFYING THE PROCEDURE FOR MEASURING THE SEPARATION REQUIREMENTS FOR BARS, TAVERNS, AND NIGHTCLUBS; MODIFYING THE MINIMUM DEPTH STANDARDS FOR DOCK CONSTRUCTION; PERMITTING ADMINISTRATIVE APPROVAL OF CERTAIN LIGHTING LEVEL REGULATIONS, ETC. (TITLE ONLY) (AGENDA ITEM XI-A-1) Mayor Palmer stated that she spoke to Sarasota Board of County Commissioner (BCC) Nora Patterson on the telephone regarding the zoning text amendment relating to docks on January 19, 2009; that BCC Commissioner Patterson indicated a possibility for the City and the County to work together concerning dock permits; that the County does not have the 100-foot length restriction; however, the County has other stringent requirements and has an Environmental Services Department to review requests for dock permits; that she spoke with the City Manager regarding the possibility of the City and the County working together; that the County would issue the permits if all requirements are met; that BCC Commissioner Patterson does not necessarily represent the position of the entire BCC but expressed an interest for the City and County to work together; therefore, Commission consensus is requested to authorize Staff to work with the County and present final recommendations to the Commission. In response to a question by Vice Mayor Shelin asking the provisions of the County's dock ordinance concerning the depth of docks which is a controversial issue, Mayor Palmer stated that the County's dock ordinance does not have depth and 100-foot dock restrictions; that a very divided opinion on the restriction on the depth of docks was observed at the Planning Board/Local Planning Agency (PBLP) meeting; that she thought an opportunity to speak with the County regarding working together on the issuance of dock permits would allow the Commission not to take any action at the time but to consider the matter in the future. Vice Mayor Shelin stated that he believes to be in agreement; however, not knowing the specific provisions of the County ordinance is a concern. Mayor Palmer stated that the City and the County will only hold a discussion to determine if compatibility between the City and the County exists. Commissioner Kirschner stated that he supports holding a discussion with the County to determine if the City and the County can work together concerning the issuance of dock permits as more public participation will be allowed. Commissioner Clapp stated that he supports holding a discussion with the County to determine if the City and the County can work together concerning the issuance of dock permits. Mayor Palmer noted Commission consensus not to take action concerning the issuance of dock permits at this time, to authorize the Administration to work with County Staff to determine if the City and the County can work together concerning the issuance of dock permits, and for Staff to report back, and opened the public hearing. General Manager Michael Taylor, Neighborhood and Development Services Department, Neighborhoods, Redevelopment, and Special Projects Division, came before the Commission and stated that a substantive change is proposed to Item 15, Lighting Standards, Attachment 1 of proposed Ordinance No. 09-4838; that the proposed change is to include Leadership in Energy and Environmental Design (LEED) standards and programs matching the LEED green Book 60 Page 31242 01/20/09 2:30 P.M. Book 60 Page 31243 01/20/09 2:30 P.M. requirements to broaden the ZTA beyond just Crime Prevention Through Environmental Design (CPTED) ssues. Mr. Taylor answered Commission questions concerning the flexibility of installing additional lighting beyond the maximum lighting allowed if needed. The following people spoke: Dick Jackson indicating the City should be proactive rather reactive in addressing community issues and supporting the installation of lockers for bicycles. Jesse White supporting the ZTA for Historic Preservation and indicating the proposed ZTA for Historic Preservation answers the questions if the City has resources worth saving, if any resources are endangered, and if the resources can be preserved in a manner which is business friendly and protective of personal freedom and development. Carol Conrad indicating she has always ridden a bicycle to work and supporting the requirement for bicycle parking. Michael Lasche indicating providing bicycle parking will result in more parking spaces available for motorists, bring more people to the same space, and help the City meet the parking needs, the ZTA before the Commission is essentially the same ZTA previously presented to the Commission with the exception of the bicycle parking requirement which will apply to public and private garages, and the following two corrections to the ZTA are proposed: 1) the word "a" should be added to Section VII-204(1)(e)(1) to indicate "where a building has more than one main entrance" and 2) the language should be corrected under Section VI-204(1)(e)(2) to indicate "bicycle racks in a locked room or area enclosed by a fence with a locked gate.' Rose Gatto indicating the Sarasota-Manatee Bicycle Club supports the ZTA for bicycle parking. Kate Lowman, representing the Laurel Park Neighborhood Association (LPNA), read into the record a letter from the LPNA which supports the ZTA for Historic Preservation. Susan Hagglund supporting amending the criteria for major conditional uses as the change would prevent conversion of historically designated residential properties to businesses in the Laurel Park Neighborhood. Michael Furen, representing Plymouth Harbor, indicating Item 7, Submerged Lands, will bring the Zoning Code regulations into consistency with the City's Comprehensive Plan and urging the Commission to adopt the proposed ZTA. Andy Dorr indicating the action taken by the Commission to delay Item 14, Docks-Minimum Depth for Construction, is appreciated, Item 10, Primary Street Grid Map, will add 25 blocks of primary streets and should be carefully considered, Item 11, Alley Setbacks in the Downtown Neighborhood (DTN) Zone District, is supported, and requesting the 10 percent bicycle requirement be reduced for consistency with LEED standards. Chris Gallagher indicating a reason for adding 25 blocks as primary streets has not been provided and Item 12, Parking-Standards for Bicycles, does not address what action must be taken regarding bicycle parking for the existing buildings on Main Street. Bruce Franklin indicating the Commission should support the PBLP recommendation to delete the Downtown Edge (DTE), Downtown Core (DTC), and Downtown Bayfront (DTB) Zone Districts from Item 11, Alley Setbacks in the DTN Zone District, the Commission should reconsider Item 10, Primary Street Grid Map, as the amendment may not be appropriate for all streets, Eric Collin indicating LEED standards calculate bicycle parking according to the number of occupants in a building rather than square footage, people will begin riding bicycles when driving vehicles becomes too painful, and the bicycle parking requirement should remain at 5 percent, and Item 13, Measuring, Separation Requirements for Bars, Taverns, and Nightclubs, will improve the vibrancy of the Downtown as well as allow more bars and nightclubs Downtown. No one else signed up to speak. Mr. Taylor gave the Staff presentation concerning proposed Ordinance No. 09-4838 amending the. Zoning Code (2002 Edition) (Zoning Code) as follows: Item 1, Organizational Restructuring Allows consistency with the recent changes in the structure of the organization: Mayor Palmer noted Commission consensus to remove the language "and to compel the attendance of witnesses" as appropriate and replace "Public Works- Engineering and Capital Projects" with Public Works, Division of Engineering and Capital Projects." Item 2, Historic Preservation - Changes the Historic Preservation section of the Zoning Code: Mayor Palmer noted Commission consensus to direct Staff to consider extending consideration of allowing members of a board other than the Historic Preservation Board to professionally represent clients in front of the Board of Adjustment, PBLP, and the Commission if no conflict exists and to remove the word "for" under Section III-402(f) of the Zoning Code. Item 3, Neighborhood Workshop Changes Neighborhood Workshop to Community Workshop: Mayor Palmer noted Commission consensus to accept the proposed amendment. - Item 4, Application Requirements for Zoning Text Amendments (ZTA) - Authorizes the Commission to waive procedural requirements to expedite ZTAs with a majority vote: Mayor Palmer noted Commission consensus to accept the proposed amendment. Item 5, Downtown Appeals - Retains the existing process to allow appeals of the decision of the PBLP to the Commission for site plans, interpretations, and adjustments: Mayor Palmer noted Commission consensus to accept the proposed amendment. - Item 6, implementing Zone Districts - Amends the Community Commercial Future Land Use Category to include Commercial Business Newtown, North Trail, and Commercial Tourist Zone Districts as mplementing zone districts: Mayor Palmer noted Commission consensus to accept the proposed amendment. Item 7, Submerged Land - Allows for density and Floor Area Ratio (FAR) calculations to include privately-owned submerged lands on adjacent upland area: Mayor Palmer noted Commission consensus to accept the proposed amendment. Book 60 Page 31244 01/20/09 2:30 P.M. Book 60 Page 31245 01/20/09 2:30 P.M. - Item 8, Construction Staging Plans in Residential Districts Establishes construction staging requirements for new single-family residences over 5,000 square feet: Mayor Palmer noted Commission consensus to accept the proposed amendment. Item 9, Outdoor Display Eliminates the conflict between Section VI-504(b)(5) and Table 503-A of the Zoning Code: Mayor Palmer noted Commission consensus to accept the proposed amendment. Item 10, Primary Street Grid - Amends the Primary Street Grid Map to be consistent with the City's Comprehensive Plan: Mayor Palmer noted Commission consensus to reconsider requiring commercial use on the ground floor on Main Street and Palm and Central Avenues between Orange and Gulf Stream Avenues and Item 11, Alley Setbacks in the Downtown Neighborhood (DTN) Zone District - Establishes a minimum 4-foot alley setback in the DTN Zone District: Mayor Palmer noted Commission consensus to accept the proposed amendment. Item 12, Parking Standards for Bicycles - Amends the bicycle parking standards: Mayor Palmer and Commissioners Clapp and Kirschner agreed to increase the bicycle parking requirement from 5 to 10 percent, establish standards for the location of bicycle facilities, include the changes proposed by the PBLP on June 11, 2008, to all public parking projects, and to accept the changes proposed by public speaker Mr. Lasche. Item 13, Measuring Separation Requirements for Bars, Taverns, and Nightclubs - Changes the method of measuring the 500-foot separation from the property line to the actual location of the tenant space: Mayor Palmer noted Commission consensus to accept the proposed amendment. Item 14, Minimum Depth for Construction - Changes the dock clearance over submerged bottom land from 1 foot to 3 feet: Mayor Palmer previously noted Commission consensus to refer to the Administration to have a discussion with the County to determine if the City and the County can work together concerning the issuance of permits for docks. Item 15, Lighting Standards - Allows administrative approval of lighting levels which address Crime Prevention Through Environmental Design issues: Mayor Palmer noted Commission consensus to add Light Emitting Diode (LED) public lighting as an errata correction. Mayor Palmer requested that the decisions and modifications made by the Commission be repeated. Mr. Taylor stated that the Commission unanimously agreed on Item 1, with the corrections to the language as previously indicated; that the Commission unanimously agreed on Item 2, and Staff will review restrictions on other advisory boards in the future concerning conflicts of interest; that the Commission unanimously agreed on Items 3 through 10; that Staff will be looking in the future to amend the Primary Street Grid Map in the City's Comprehensive Plan; that the Commission unanimously agreed on Item 11; that Mayor Palmer and Commissioners Clapp and Kirschner agreed to support the PBLP recommendation on tem 12; that the Commission unanimously agreed on Item 13 and referred Item 14 to the Administration; that the Commission unanimously agreed on Item 15 and will add LED light as an errata correction. Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 09-4838 by title only. A motion was made by Vice Mayor Shelin, seconded by Commissioner Kirschner, and carried by a 4-0 vote to pass proposed Ordinance No. 09-4838 on first reading including the elimination of Item 14 and the aforementioned changes. 2) ADOPTION RE: PROPOSED ORDINANCE NO. 09-4848, AMENDING THE ZONING CODE (2002 EDITION) BY ALLOWING VEHICLE REPAIR USES AS A PERMITTED USE IN THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT, ETC. (TITLE ONLY) (AGENDA ITEM XI-A-2) Mayor Palmer opened the public hearing. General Manager Michael Taylor, Neighborhood and Development Services Department, Neighborhoods, Redevelopment, and Special Projects Division, came before the Commission and stated that he is available to answer any Commission questions. In response to a question by Commissioner Clapp asking if a bicycle repair shop would be allowed in the Commercial Intensive (CI) Zone District, Mr. Taylor stated that a bicycle repair shop would not be allowed under this specific category; however, a bicycle repair shop may be allowed under a different provision; that he does not have the necessary information present at this time to provide an answer. No one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 09-4848 by title only. A motion was made by Commissioner Clapp and seconded by Vice Mayor Shelin to pass proposed Ordinance No. 09-4848 on first reading. City Attorney Fournier stated that this proposed Zoning Text Amendment (ZTA) was presented separate from the other proposed ZTAS as State law requires two public hearings when a change in the zone district uses is made; that a second public hearing will be scheduled for proposed Ordinance No. 09-4848. Mayor Palmer called for a vote on the motion to pass proposed Ordinance No. 09-4848 on first reading, which carried by a 4-0 vote. 3) ADOPTION RE: PROPOSED ORDINANCE NO. 09-4847, TO CONDITIONALLY VACATE THAT CERTAIN APPROXIMATELY 40t FOOT WIDE AINSLEY PLACE (PLATTED AS BRISTOL AVENUE) RIGHT-OF-WAY BOUNDED ON THE NORTH BY THE SOUTHERN BOUNDARY OF THE PLAT OF BLOCK F OF SAPPHIRE SHORES AND BOUNDED ON THE SOUTH BY ITS INTERSECTION WITH BAY SHORE ROAD ADJACENT TO REAL PROPERTY LOCATED AT 4645 AINSLEY PLACE AS WELL AS 4619 BAY SHORE ROAD ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN, ETC. (TITLE ONLY) (APPLICATION NO. 08-SV-06, APPLICANT MARK LIPPERT OF THE ADP GROUP AS AGENT REPRESENTING THE TRUSTEE OF THE JOHN E. CUNEO JR. REVOCABLE TRUST AS THE ADJACENT FEE SIMPLE OWNER) (AGENDA ITEM XI-A-3) Book 60 Page 31246 01/20/09 2:30 P.M. Book 60 Page 31247 01/20/09 2:30 P.M. Mayor Palmer opened the public hearing. Bruce Franklin, the ADP Group, and Larry Hankin, Attorney, representing John Cuneo, Trustee of the John Cuneo Jr. Revocable Trust, came before the Commission. Mr. Franklin gave the Applicant's presentation concerning proposed Ordinance No. 09-4847 to conditionally vacate the approximately 40t foot wide Ainsley Place right-of-way located adjacent to 4645 Ainsley Place and 4619 Bay Shore Road and stated that Public Works, Division of Utilities, requested a 20-foot easement upon vacation of the right-of-way; therefore, a 20-foot easement will be recorded back to the City for utility and stormwater maintenance; that the Applicant agreed to place a deed restriction on the property to prohibit vertical construction on the northeastern lot which is located east of Ainsley Place; that the deed restriction will be provided to Richard Coe, owner of 4645 Ainsley Place, if the street vacation is passed by the Commission; that Mr. Cuneo has agreed to help fund some of the playground equipment for the park at Indian Beach. Mr. Hankin stated that the deed restriction on the construction of any vertical buildings has been executed by the Applicant and is ready for execution by Mr. Coe. Mr. Franklin answered Commission questions concerning the separation of lots into a subdivision by future successors of the property. Senior Planner Harvey Hoglund, Neighborhood and Development Services Department, Planning and Development Division, came before the Commission, gave the Staff presentation and stated that the City's Comprehensive Plan has a policy which is in favor of protecting the street grid wherever the street grid can be protected or enhanced; however, this right-of-way terminates at a private homestead and provides no benefit to the public. In response to a request for clarification by Mayor Palmer concerning the City's ownership of Ainsley Place, Mr. Hoglund stated that the City has an easement on Ainsley Place over the land owned by the Cuneo family; that the City does not have fee simple ownership of the land. The following person spoke: Richard Coe indicating his original concerns regarding the property have been addressed and supporting approval of proposed Ordinance No. 09-4847. No one else signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 09-4847 by title only. A motion was made by Commissioner Clapp, seconded by Vice Mayor Shelin, and carried by a 4-0 vote to pass proposed Ordinance No. 09-4847 on first reading. 13. NEW BUSINESS (AGENDA ITEM XII) 1) APPROVAL RE: REQUEST FOR USE OF THE BAYFRONT BY THE SARASOTA FILM FESTIVAL JOINTLY WITH EMBRACING OUR DIFFERENCES FOR THE OPENING EVENT OF THE SARASOTA FILM FESTIVAL (AGENDA ITEM XII-1) Vice Mayor Shelin stated that he placed the Item on the Agenda to consider allowing the Sarasota Film Festival to hold the opening event on the Bayfront while the artwork of Embracing Our Differences is on display at the Bayfront; that Michael Shelton, Executive Director, Embracing Our Differences, expressed no objection to sharing the Bayfront with the Sarasota Film Festival; that Mark Famiglio, Chair, Sarasota Film Festival Board of Directors, was advised the Commission and Staff have a policy of not approving events on the Bayfront with the exception of the two events which have leases with the City and would have to discuss the matter with the Commission to pursue holding the opening event of the Sarasota Film Festival on the Bayfront. Mr. Famiglio and Jaymie Carter, Volunteer, Sarasota Film Festival, came before the Commission. Mr. Famiglio stated that the Sarasota Film Festival is planning to schedule a world cinema celebration on April 1, 2009; that the Sarasota Film Festival would like to hold the event at the Bayfront as the event will be filmed live and broadcast to a remote location; that people would be able to see the waterfront; that he spoke to the Vice Mayor and Mr. Shelton; that Mr. Shelton advised he would not be holding a special event celebration for Embracing Our Differences this year; that the Sarasota Film Festival would like to donate the net proceeds from the event to purchase the necessary shade structure for the Allen Play Area in Bayfront Park. In response to a comment by Mayor Palmer indicating the outstanding balance due to the City for the Sarasota Film Festival event for 2008 is a concern, Mr. Famiglio stated that the outstanding balance is $1,500 which will be paid to the City in the near future; that the balance had not yet been paid due to a misunderstanding which has been clarified by Executive Director Mary Bensel, Van Wezel Performing Arts Hall. Deputy City Manager V. Peter Schneider came before the Commission and stated that Embracing Our Differences has used the south parking lot near the water which can be isolated to allow the Sarasota Film Festival to hold the opening event; that parking spaces will be lost as the tent would be installed in the isolated parking area. In response to a question by Vice Mayor Shelin asking if the purchase of the shade structure for the Allen Play Area in Bayfront Park would be in lieu of rent, City Manager Bartolotta stated yes. In response to a question by Commissioner Kirschner asking if the movies will be if the movies will be returning to Payne Park and the Van Wezel Performing Arts Hall, Mr. Famiglio stated that Movies in the Park will be returning in 2009; that a negotiation is underway with a local merchant who is willing to pay a significant portion of the cost; that the Sarasota Film Festival has agreed to pay the remaining cost. Mr. Shelton came before the Commission and stated that the opening event of the Sarasota Film Festival proposed to be held at the Bayfront is supported; that Embracing Our Differences will underwrite the cost of any movies the Sarasota Film Festival would like to schedule while Embracing Our Differences is at the Bayfront. A motion was made by Vice Mayor Shelin, seconded by Commissioner Kirschner, and carried by a 4-0 vote to approve the request to share use of the Bayfront by the Sarasota Film Festival to hold the opening event on April 1, 2009. 2) APPROVAL RE: PRESENTATION BY THE ZONING TEXT AMENDMENT COMMITTEE (AGENDA ITEM XII-2) Neighborhood and Development Services (NDS) Director Timothy Litchet, Joel Freedman and Kate Lowman, external members, Zoning Text Amendment (ZTA) Committee, came before the Commission. Mr. Litchet gave a presentation concerning the origination of the project to review the method used to process Zoning Text Amendments (ZTA), and stated that the ZTA Committee is proposing the following recommendations to: Retain two ZTA annual cycles, Create a ZTA application form, Book 60 Page 31248 01/20/09 2:30 P.M. Book 60 Page 31249 01/20/09 2:30 P.M. Establish a review committee comprised of NDS Staff, the Coalition of City Neighborhoods Association (CCNA), and the Greater Sarasota Chamber of Commerce to help prioritize ZTAS with final approval by Staff and to provide a matrix to the Commission, Send an NDS Staff member to the CCNA and Greater Sarasota Chamber of Commerce City Issues Committee to present the proposed ZTAS at the beginning of the process, Post the ZTA. Application form and the matrix on the City website, and Proceed with an NDS Staff member presenting the agreed language to the CCNA and the Greater Sarasota Chamber of Commerce to prevent any confusion. Ms. Lowman stated that the citizens will benefit from the new process as the City will have early discussions with the public. Mr. Freedman stated that the proposed recommendations are a great method to gain the trust of the citizens as the City will be obtaining public input early in the process. Commissioner Clapp stated that Staff should present the matrix of the proposed ZTAS to CCNA and the Greater Sarasota Chamber of Commerce rather than the Greater Sarasota Chamber of Commerce City Issues Committee. Mayor Palmer noted Commission agreement to modify the recommendation to indicate the matrix will be presented to CCNA and the Greater Sarasota Chamber of Commerce. A motion was made by Vice Mayor Shelin, seconded by Commissioner Kirschner, and carried by a 4-0 vote to accept the recommendations proposed by the Zoning Text Amendment Committee as modified. 14. ADJOURN (AGENDA ITEM XVII) Mayor Palmer adjourned the meeting at 8:57 p.m. a GPSOTA D C A S LOU ANN R. PALMER, MAYOR A * ATLEST 3LLy BILLYERGÉNSON, CITY AUDITOR AND CLERK