MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 19, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, and Danny Bilyeu, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Commissioner Mary Anne Servian 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. CHANGE TO THE ORDERS OF THE DAY = APPROVED CD 2:32 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Move Agenda Item VI, Item No. 5, Approval Re: : Authorize Staff to discuss, research, and clarify the requirements of the Florida West Coast Symphony and bring back a comprehensive package to the Commission for future decision, to a time certain of 3:30 p.m., per the request of Mayor Palmer. Mayor Palmer stated that some representatives of the Florida West Coast Symphony could not arrive at the meeting prior to that time; that hearing no objections, the Change to the Orders of the Day is approved. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:32 There was no one signed up to speak. 3. APPROVAL RE: MINUTES OF THE REGULAR COMMISSION MEETING OF APRIL 21, 2003 APPROVED AS CORRECTED ; MINUTES OF THE REGULAR COMMISSION MEETING OF MAY 5, 2003 - APPROVED (AGENDA ITEM II-1, -2) BOOK 54 Page 25520 05/19/03 2:30 P.M. BOOK 54 Page 25521 05/19/03 2:30 P.M. CD 2:33 Mayor Palmer stated that some corrections to the minutes of the April 21, 2003, Regular Commission meeting were distributed as additional backup material and asked if the Commission had any other changes to the minutes? Mayor Palmer stated that hearing no other changes, the minutes of the Regular Commission meeting of April 21, 2003, are approved as corrected by the City Auditor and Clerk and the minutes of the May 5, 2003, Regular Commission meeting are approved by unanimous consent. 4. BOARD ACTIONS RE : REPORT RE : CELEBRATE SARASOTA COMMITTEE MEETING OF MAY 14, 2003 = RECEIVED REPORT ; APPROVED CELEBRATE SARASOTA GRANTS OF $600 FOR THE RINGLING PARK ASSOCIATION AND $1,000 FOR THE JUNETEENTH 2003 EVENT (AGENDA ITEM III-1) CD 2:33 through 2:42 Thorning Little, Chair, and Paul Thorpe, Vice Chair, Celebrate Sarasota Steering Committee (Committee), came before the Commission. Mr. Little presented the following items from the May 14, 2003, Committee meeting: A. Funding for the Ringling Park Association for Celebrate Sarasota Picnic, cookbooks, and T-shirts. Mr. Little stated that the Committee considered and voted unanimously to recommend to the Commission approval of a grant application submitted by the Ringling Park Association in the amount of $600; that the Ringling Park Neighborhood is south of Fruitville Road, between Lime and Tuttle Avenues, and bordered on the south by Davis Boulevard; that the proposal is to develop a cookbook with a Celebrate Sarasota apron; that commemorative T-shirts with the Celebrate Sarasota and the neighborhood logos are contemplated; that in addition, a picnic will be scheduled; that the original request was for $750; that a full quorum was not present at the May 14, 2003, Committee meeting; however, the four members in attendance unanimously voted. to recommend Commission approval of $600; that the amount exceeds the $500 generally recommended for neighborhood grants; however, three different items are planned: 1) the cookbook and aprons, 2) T- shirts, and 3) the picnic; therefore, $600 was recommended. B. Funding for the Juneteenth 2003 event. Mr. Little stated that the Committee considered and voted unanimously to recommend Commission approval of a grant application submitted by the Juneteenth 2003 Committee in the amount of $500; that Juneteenth 2003 is considered a worthwhile activity; that the Celebrate Sarasota logo will be included in the promotional material for Juneteenth 2003; that the grant application included in the Agenda backup material indicates the cost for the Juneteeth 2002 event was $3,089.54; that the Committee agreed by consensus to increase the $500 if the Commission wishes to authorize an additional amount; that $1,000 was considered by the Committee as a reasonable amount in support of Juneteenth 2003. Mr. Little further stated that the Celebrate Sarasota funds are being depleted; that the current balance is $6,880.78; that funds remain from the previously funded Sister Cities of Sarasota event; that the Sarasota Sister Cities Association will be returning with a request for expenditures for the remaining funds or the funds will be returned to Celebrate Sarasota for expenditure for other events. Mayor Palmer stated that $5,000 had been reserved for minor expenditures as required and asked if adequate funds remain for any additional expenses through October 2003? Mr. Little stated that the requests received by the Committee are minor at this time; that no additional requests have been received; that the two requests of the Ringling Park Association and Juneteenth 2003 are reasonable. Mayor Palmer stated that the desire is to assure the Committee believes adequate funds remain. Mr. Little stated yes. Mayor Palmer stated that the Commission was previously concerned requests had not been received from the minority community and wished to assure additional funds could be allocated to events sponsored by the minority community; that the recommendation concerning the Juneteenth 2003 event is pleasing; that the request for the Ringling Park Association is for $600 and for Juneteenth 2003 is $1,000. Mr. Little stated that is correct. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to receive the May 14, 2003, report of the BOOK 54 Page 25522 05/19/03 2:30 P.M. BOOK 54 Page 25523 05/19/03 2:30 P.M. Celebrate Sarasota Committee. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to approve Celebrate Sarasota grant funds in the amount of $600 for the Ringling Park Association request and $1,000 for the Juneteenth 2003 event. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Palmer, yes. 5. BOARD ACTIONS RE: : REPORT AND APPROVAL RE : SARASOTA SISTER CITIES REQUEST FOR APPROVAL OF THE DESIGN FOR A SARASOTA/DUNFERMLINE TARTAN - APPROVED (AGENDA ITEM III-2) CD 2:42 through 2:45 Linda Rosenbluth, President, and William Wallace, Dunfermline City Director, Sarasota Sister Cities Association, came before the Commission. Mr. Wallace stated that a design for a Sarasota/Dumfermline Tartan has been chosen by a committee in consultation with the Sister Cities Association in Dunfermline, Scotland; that the committee members included representatives of the Sarasota Sister Cities Association, the Sarasota Military Academy, which is developing a new bagpipe band, the Scottish Heritage Foundation, and the Mayor; that seven designs were reviewed; that the committee has chosen one design which, if approved, will be registered with the Lord Lion of Scotland and copyrighted as the official Sarasota/Dunfermline Tartan for use in ceremonial displays, as the material for the kilts for the Sarasota Military Academy bagpipe band, and for other uses; and distributed for Commission viewing a sample of the recommended official Sarasota/Dunfermline Tartan. Ms. Rosenbluth stated that the colors are a combination of the colors of the Cities of Sarasota and Dunfermline; that the color white signifies all Sarasota's other sister cities and is the symbol of peace; that the colors of the official Sarasota/Dunfermline Tartan are a tribute to both cities, using the two cities' colors as the main colors. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to approve the official Sarasota/Dunfermline Tartan as recommended by the Sarasota Sister Cities Association. Vice Mayor Martin stated that the design is good. Mayor Palmer stated that the efforts of the representatives of the Dunfermline Sister Cities Association in bringing forth the concept of an official Tartan are appreciated. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. Mayor Palmer recognized former Commissioner Mary Quillin present in the audience. 6. CONSENT AGENDA NO. 1:ITEM NOS. 1, 2, 3, AND 4 = APPROVED (AGENDA ITEM IV-A) CD 2:45 through 2:46 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Lease between the City of Sarasota and Sarasota Season of Sculpture to extend the lease through May 2004, with provision to clarify that tenant's use of the leasehold is non- exclusive and to set forth certain safety requirements. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourteenth Amendment to Agreement for Engineering Services between the City of Sarasota and Coastal Planning & Engineering, Inc., for the Lido Beach Renourishment Project. 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 Stephanie Cameron for water service for a developed site located at 2933 Lynnhurst Street. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Grant Amendment between the City of Sarasota and the State of Florida Department of Environmental Protection (FDEP) for the Florida Recreation Development Assistance Program, regarding the Ken Thompson Park. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos.1 BOOK 54 Page 25524 05/19/03 2:30 P.M. BOOK 54 Page 25525 05/19/03 2:30 P.M. through 4, inclusive. Motion carried unanimously (4 to 0) : Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1614) ADOPTED; ITEM 2 (RESOLUTION NO. 03R-1617) = REMOVED AND CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VI-6; ITEM 3 (RESOLUTION NO. 03R-1618) = ADOPTED ; ITEM 4 (RESOLUTION NO. 03R-1619) = ADOPTED; AND ITEM 5 (ORDINANCE NO. 02-4414) - ADOPTED (AGENDA ITEM IV-B) CD 2:46 through 2:49 Vice Mayor Martin requested that Item No. 2 be removed for discussion. City Auditor and Clerk Robinson stated that Item No. 2 will be considered under Unfinished Business as Agenda Item VI-6 which will be heard in the afternoon session, time permitting. 1. Adoption Re: Proposed Resolution No. 03R-1614, accepting abatement of Nuisance and Cost Reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc., (Title Only). 3. Adoption Re: Proposed Resolution No. 03R-1618, appropriating $20,000 from the unappropriated fund balance of the General Fund to fund the cost to install a fire suppression system in the IST computer room of City Hall; etc. 4. Adoption Re: Proposed Resolution No. 03R-1619, appropriating $17,447 from the unappropriated fund balance of the General Fund to partially fund the replacement of a police vehicle destroyed in an accident on April 12, 2003. This portion represents the reimbursement from the insurance company. The new vehicle will cost $18,539; etc. 5. Adoption Re: Second reading of proposed Ordinance No. 02-4414, to conditionally vacate that certain portion of the 40 foot wide and 50 foot wide Nebraska Street right-of-way commencing at its intersection with the westerly right-of-way line of Brown Avenue and extending westward to a point approximately 50 feet east of its intersection with the easterly right-of-way line of Sunshine Avenue as more particularly described herein; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution No. 03R-1614 and Ordinance No. 02-4414 by title only and proposed Resolution Nos. 03R-1618 and 03R-1619 in their entirety. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 3, 4, and 5. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Palmer, yes. 8. BOARD APPOINTMENT RE : SARASOTA COUNTY COMMUNITY ACTION AGENCY BOARD APPOINTED COMMISSIONER BILYEU (AGENDA ITEM V-I) CD 2:49 through 2:51 City Auditor and Clerk Robinson stated that the Sarasota County Government was designated as the Sarasota County Community Action Agency (CAA) by the Florida Department of Community Affairs (FDCA)in 1998; that the CAA Board serves in an advisory capacity to the Sarasota Board of County Commissioners (BCC) concerning issues related to its role as the CAA; that the Commission appoints one representative to the 15-member CAA Board; that appointment to the CAA Board was delayed from the April 21, 2003, Regular Commission meeting to receive additional information; that the additional information has been received and provided the Commission. Mayor Palmer stated that the CAA Board deals with rental and mortgage assistance; that the City appointee need not be a Commissioner; however, past practice has been to appoint a Commissioner; and asked if a Commissioner desires to serve on the Board. Commissioner Bilyeu stated that he is willing to serve on the CAA Board. BOOK 54 Page 25526 05/19/03 2:30 P.M. BOOK 54 Page 25527 05/19/03 2:30 P.M. Mayor Palmer stated that hearing the Commission's agreement, Commissioner Bilyeu will serve as the City's representative on the Sarasota County Community Action Agency Board. 9. BOARD APPOINTMENT RE : BOARD OF ADJUSTMENT REAPPOINTED CALVIN BRYANT AND APPOINTED BARBARA THOMPSON (AGENDA ITEM V-2) CD 2:51 through 2:52 City Auditor and Clerk Robinson stated that the terms held by Calvin Bryant and Stephen Long expire in May 2003; that Mr. Bryant is eligible for and has expressed an interest in reappointment; that Mr. Long does not wish reappointment; that one application has been received. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to reappoint Calvin Bryant. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yesi Martin, yesi Palmer, yes. Vice Mayor Martin nominated Barbara Thompson. Mayor Palmer stated that hearing no other nominations, Barbara Thompson is appointed by unanimous consent. Mayor Palmer announced the reappointment of Calvin Bryant and the appointment of Barbara Thompson to the Board of Adjustment. 10. UNFINISHED BUSINESS : APPROVAL RE : AGREEMENT OF CONCEPTUAL PRINCIPLES BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY TO RETAIN THE COUNTY'S ADMINISTRATIVE OFFICES DOWNTOWN WHILE CONTINUING NEGOTIATIONS TO MAXIMIZE THE USE OF CITY AND COUNTY PUBLIC LANDS FOR REDEVELOPMENT APPROVED AND AUTHORIZED THE MAYOR AND CITY MANAGER TO MOVE FORWARD WITH NEGOTIATIONS WITH SARASOTA COUNTY (AGENDA ITEM VI-1) CD 2:52 through 3:18 Mayor Palmer stated that the item concerns conceptual principles between the City and the County to retain the County's administrative offices in the Downtown; and referred to the Agreement of Conceptual Principles (Agreement) included in the Agenda backup material which was prepared by Shannon Staub, Chair of the Sarasota Board of County Commissioners (BCC), and which is the result of discussions with BCC Chair Staub, County Administrator James Ley, City Manager McNees and herself including the following Principles: 1. County agrees to satisiy its facilities master plan within the Downtown judicial complex area and the City agrees to provide the County with the police facility site ready to build. 2. County agrees to hold for the City for 15 years, or unless otherwise mutually agreed upon, air rights to its three surface lots on Morrill Street, Main and US 301, and Adams Street and US 301 to the City for the purpose of building public parking facilities 3. County and City agree to explore other options to maximize the use of City and County Public lands for redevelopment and parking purposes 4. City agrees to participate in financing shared parking to support the expanded court facilities, the City's Payne Park and vicinity needs. 5. City agrees to participate financially in the development of additional parking spaces (to be determined) available in the immediate vicinity of the County Administration building for joint use.. 6. City and County agree to initiate revenue sharing of the Tax Increment Financing (TIF) within the next several years with the schedule to be determined in an agreement by the end of the year.. 7. In the event an agreement is reached under Item 6, County agrees to spend a portion of the initial funds of recovered tax increment in support of its facilities construction downtown. 8 City will repay the County the TIF overpayment as previously agreed by City and County including cash and capital projects. 9. County will take all legal means to codify the intent to remain in the Downtown for the future. Mayor Palmer continued that the Agreement of Conceptual Principles was approved by the BCC at the May 13, 2003, Regular BCC meeting; that the same item is presented for City Commission approval at this time; that the County agrees to satisfy the County Facilities Plan within the Downtown area; that the City agrees to provide the site of the Police Station, ready to BOOK 54 Page 25528 05/19/03 2:30 P.M. BOOK 54 Page 25529 05/19/03 2:30 P.M. build; that air rights of certain County owned facilities in Downtown will be reviewed; that the public assets will be available to the City and the County; that shared parking will be discussed; that revenue sharing of the Tax Increment Financing (TIF) District will be considered; that the County agrees to consider extending the date of the expiration of the TIF District from 2016, which is the current expiration date; that no change would occur if no agreement concerning extension can be reached; that the County agrees to expend a portion of the County's portion of the TIF funds in development of Downtown; that the City previously agreed to repay a portion of the existing overpayment to the City of TIF funds from the Countyi and distributed a document entitled TIF Reyenue/Expenditure Projections indicating a Reimbursement to the County for TIF Overpayment of $460,468. Mayor Palmer stated that a significant consideration was the County would commit not to consider moving out of the City at any time in the near future; that consideration of TIF expenditures would require review of the City's Community Redevelopment Advisory Board and public input; that four meetings were held with County representatives; that no final determination has been reached; that the Commission must provide continuing direction; that very productive meetings were held; that constructive ideas have been presented. City Manager McNees stated that a set of tools for the County to maintain the administrative offices Downtown is being presented; that detail is not provided and is the next step; that Commission approval of the conceptual tools is requested; that the concern is not to give away too much; however, negotiation tools are required, which are being presented to the Commission for consideration. Mary Quillin, 2404 Ringling Boulevard (34236), came before the Commission and stated that the possibility of the County's moving the administrative offices out of Downtown was raised during her tenure on the Commission; that the County's Facilities Master Plan process included meetings to discuss ideas of methods by which the City and the County could jointly work together for future facilities requirements, particularly concerning the expansion of the Sarasota County Court House; that the County Administration has previously raised the possibility to moving the County Seat out of Downtown Sarasota; that in the early 1990s, the City made many concessions and provided many incentives to the keep the County Seat in the Downtown; that the County purchased the Mission Harbor site to build a new County library at about the same time; that the result was City taxpayers were taxed twice and possibly three times; that the City donated land and City tax dollars to the new library; that the economy was not good at the time; that the County removed the former General Telephone and Electric (GTE) Building from the tax rolls by converting the building to County administrative offices; that additionally, a significant amount of land at Five Points was removed from the tax rolls at the time the Selby Public Library was developed; that the County notified the City an overpayment to TIF fund had been made to the City due to a calculation error by the Property Appraiser; that the County should be directed to the Property Appraiser, who certified the millage in the TIF District, to rectify the overpayment; that the City should not make any payment of TIF funds to the County; that the City has worked diligently to meet many needs of City and County residents who come into the County Seat; that the County has never come to the City for a joint venture; that the Agreement of Conceptual Principles references parking and air rights; that the City has the air rights to the parking between First Street and Fruitville Road; that a parking authority to manage parking facilities, which could be a joint venture between the City and the County, could be negotiated; that the advisability of accepting for the City's taxpayers the parking burden suggested in the Agreement of Conceptual Principles to retain the County's administrative offices in the Downtown should be considered; that most of the County's facilities are on Fruitville Road beyond Interstate 75 or Cattlemen Road, outside of the City; that some County facilities are located in Venice, Florida; that the City and the County should work jointly to provide services which are convenient to all taxpayers and citizens; that a different location without the burden imposed on City taxpayers by the Agreement of Conceptual Principles should be considered. Vice Mayor Martin stated that the Agreement is understood to define a set of tools; however, the indefiniteness is difficult to accept; referred to Principle 2; and asked if the referenced parking lots are owned by the County? Mayor Palmer stated yes. Vice Mayor Martin stated that a Request for Proposal could be issued for development of the area referenced; that the BOOK 54 Page 25530 05/19/03 2:30 P.M. BOOK 54 Page 25531 05/19/03 2:30 P.M. properties could thus be added to the tax rolls as a revenue source; that opportunities are thereby presented to increase revenues. City Manager McNees stated that is correct. Vice Mayor Martin asked if the spirit of the Agreement is for an equal arrangement between the City and the County? City Manager McNees stated that neither party believes an exact balancing of the tax dollars can be achieved considering the County's option of moving the County's administrative offices to the Arthur Anderson Building on Fruitville Road and the other options indicated in the Agreement; however, the intent is to assure each side achieves a fair solution; that a precise dollar for dollar balancing can probably not be achieved; that both parties are interested in achieving a fair arrangement for the greater community and the individual governmental bodies, which is the challenge presented. Mayor Palmer stated that the key concept is sharing; that City facilities will be required in the areas referenced, due in some measure to the development of Payne Park; that the additional parking for the Sarasota County Court House will be near Payne Park; that an additional question is development across from the Federal Building which is being converted to a City facility; that the City's purchase of the US Post Office has been discussed in the past; that the long range rather than the short term requirements are being considered; that the creation of a parking authority has been discussed and may emerge as a reality in the future; that the Agreement is intentionally general but provides direction; that the Commission is requested to provide guidance and direction as the negotiations continue. Vice Mayor Martin asked for clarification of the reimbursement to the County of the overpayment to the TIF fund. Mayor Palmer stated that $460,648 is included in the fiscal year (FY) 2002/03 budget as a reimbursement to the County for the overpayment to the TIF fund; that the Commission previously agreed to the reimbursement; and referred to the following as Joint City/County projects from the TIF Revenue/Expenditure Projections: FY 2004/05 $448,000 FY 2005/06 448,000 FY 2006/07 437,623 Mayor Palmer stated that the funds could be utilized for the parking facilities referenced in the Agreement; however, no decision has been made at this time; that the total is $1,794,271 including the $460,648 budgeted for reimbursement of the overpayment to the TIF fund. Commissioner Atkins stated that the Special Obligation Bonds extend through 2016; that the negotiations have gone well; that the effort extended is appreciated; however, Principles 6 and 7 present a concern; that Downtown has been cultivated well; that the rest of the neighborhoods should share more in the process than at present. Mayor Palmer referred to Principle 6 as follows: - . If no agreement is reached, the status quo would remain with no revenue sharing and no extension of the TIF beyond 2016. Mayor Palmer stated that the sentence was added to assure nothing would change if no agreement could be reached. Commissioner Bilyeu asked if the thought is to extend the boundaries of the TIF District? Commissioner Atkins stated no; however, everyone should receive a fair share of the sacrifices which have been made in the past. Commissioner Bilyeu stated that the County is interested in obtaining the site of the Downtown Police Station; that in a hearing at the County, the judges indicated locating some Sarasota County Court House facilities on each side of a street in Downtown is not feasible; that the best interests of both the County and the City should be considered; that the County must have the site of the Downtown Police Station to construct the twin towers contemplated and to minimize the drain on the County judicial system; that additional information, e.g., an appraisal of the Downtown Police Station, the results of environmental studies, etc., is necessary; that the Agreement is acceptable as a conceptual framework. Mayor Palmer stated that the appraisal concerning the Downtown Police Station has been received and is for approximately $2.9 million for the property; that the estimated cost to raze BOOK 54 Page 25532 05/19/03 2:30 P.M. BOOK 54 Page 25533 05/19/03 2:30 P.M. the facility, which was several million dollars, is questioned; that the cost to raze the John Ringling Towers was approximately $300,000; that the City previously indicated 120,000 square feet was required to replace the Downtown Police Station, which was part of the reason for the County's high estimate of the cost to build a joint City/County facility; that 120,000 square feet is more than is required; that the site of the Downtown Police Station is required by the County for the expansion of the court facility. City Manager McNees stated that the potential to expand TIF District either in term or geographically has been discussed; that the County will consider expansion only if the City is willing to discuss revenue sharing of TIF funds; that the City has indicated restrictions should be placed on the County's allocation of TIF funds; that City residents should share in the benefit of any revenue sharing with the County; that the understanding is the Commission wishes to assure the County's share of the TIF funds is directed to projects Downtown or projects in north Sarasota identified in the City of Sarasota- Newtown Comprehensive Redevelopment Plan Through 2020. Commissioner Atkins stated that is correct. Mayor Palmer stated that the City will also share in the County's portion of the TIF funds. Commissioner Atkins stated that the delivery of police services from a new Police Station has not been discussed; that logistical problems and costs associated with the movement of prisoners must be addressed; that the Police Station will no longer be across the street from the court facility. City Manager McNees stated that siting of the Police Station is a major question; that considerable work will be required to identify an acceptable site for the new Police Station. Mayor Palmer stated that the existing Downtown Police Station does not meet the City's needs any longer; that replacement of the Downtown Police Station must be considered now or in the near future. Commissioner Atkins agreed. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to support the Agreement of Conceptual Principles and authorize the Mayor and City Manager to move forward with negotiations with Sarasota County. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 11. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE THIRD AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SARASOTA AND POST, BUCKLEY, SCHUH AND JERNIGAN, INC. (RFP #00-25H) RELATIVE TO THE CITY'S S RECLAIMED WATER AQUIFER STORAGE AND RECOVERY PROJECT - APPROVED (AGENDA ITEM VI-2) CD 3:18 through 3:30 William Hallisey, Director of Public Works, and Douglas Taylor, Deputy Director of Public Works, came before the Commission. Mr. Hallisey stated that on May 31, 2000, the City entered into an agreement with Post, Buckley, Schuh and Jernigan, Inc. (PBS&J), to provide continuing consulting engineering services relative to development of the reclaimed water reuse program; that the City has an on-going project to develop an Aquifer Storage and Recovery (ASR) reclaimed water well in Payne Park; that additionally, the City has an agreement with the Southwest Florida Water Management District (SWFWMD) to fund a portion of the project cost; that the proposed Third Amendment to the Agreement for Engineering Services (Third Amendment) with PBS&J would delete the Engineer of Record component of Agreement but would expand the design activities for the ASR well. Mr. Hallisey stated in May 2002, the Commission received a report and provided direction concerning the City's reclaimed water program and the development of the urban reuse water system; that the City has the ability to dispose of all the reclaimed water generated during the dry season; that an opportunity is available to develop storage of reclaimed water generated during the rainy season through ASR technology; that the reclaimed water stored through ASR could be withdrawn for use during dry periods; that the City has developed an ASR project including the ASR well in Payne Park which has been received well by the regulatory agencies; that the Commission is requested to approve the Third Amendment sO the City can continue the ASR project. BOOK 54 Page 25534 05/19/03 2:30 P.M. BOOK 54 Page 25535 05/19/03 2:30 P.M. Mr. Taylor stated that the ASR project was developed with the cooperative funding support of the Manasota Basin Board and SWFWMD to provide storage of reclaimed water; that a permit was obtained from the Florida Department of Environmental Protection (FDEP), which is the permitting agency for ASR reclaimed water programs; and displayed diagrams of the ASR process and photographs of the ASR well in Payne Park on the Chamber monitors throughout the presentation. Mr. Taylor continued that reclaimed water which meets the Federal primary drinking water standards is pumped into a brackish water aquifer; that the use of chlorine at the wastewater treatment plant is not compatible with the drinking water standards at the ASR well; that as a result, consideration was given to using ultra-violet light as a disinfectant at the wastewater treatment plant, which raises the cost of the project significantly; therefore, the Manasota Basin Board was requested to provide increased funding; that the Manasota Basin Board has ranked the City's request highly for fiscal year 2003/04; that the total funding request to the Manasota Basin Board is for approximately $890,000; that the cooperative funding makes the ASR project very attractive; that the ASR well in Payne Park is not large and is approximately 30 to 50 feet long and 12 to 16 feet wide; that the ASR well has a wellhead and a connection to the distribution system; that water is inserted into the ASR well under the pressure of the reclaimed water system and is pumped back out into the reclaimed water system; that the ASR well acts as a large underground storage tank; that part of the system is the ground water monitoring, which is critical; that two ASR monitor wells are above the ASR well; that the reclaimed water zone also has an ASR monitor well which monitors the aquifer into which the reclaimed water is being inserted; that the concept is to insert the reclaimed water into the ASR well in quantity and pump out as much reclaimed water as is inserted; that the capacity of the ASR well is approximately one million gallons per day (mgpd) ; that water is being pumped in for half the year and out for half the year; therefore, the net storage capacity is approximately 500,000 mgpd. Mr. Taylor displayed a drawing of the ASR well on the Chamber monitors and stated that the drawing was submitted to FDEP for permitting; that area south of the auditorium in Payne Park is the site of the ASR well and the two upper and lower zone ASR monitor wells; that the storage zone ASR monitor well will in the northeast corner of Payne Park behind the skate park currently under construction; that the Manasota Basin Board is meeting on June 16, 2003, at which time the position of the project in the budget will be determined with reasonable certainty; that the expectation is the additional funding will be received. Mr. Hallisey stated that the Third Amendment is to continue the engineering services provided by PBS&J; however, funds will not be expended until confirmation of the additional cooperative funding is received from the Manasota Basin Board. Commissioner Atkins asked the type of water pumped through the fire hydrants in the City? Mr. Taylor stated that potable water is pumped through the fire hydrants. Commissioner Atkins asked if reclaimed water can be used in fire hydrants?. Mr. Taylor stated that the fire hydrants are currently connected to the potable water distribution system; that the reuse water system is not available throughout the Cityi that a relatively small amount of water is used in fire hydrants; that the cost of creating a reuse water fire hydrant system would be high; that the benefit does not justify the cost. Commissioner Atkins asked if a fire hydrant could be connected at the time a reuse water system line is run past the fire hydrant? Mr. Taylor stated that fire hydrants should be connected exclusively to one source or the other to assure no misunderstanding of the type of water being utilized. Commissioner Atkins stated that potable water and reclaimed water are both drinkable. Mr. Taylor stated that reclaimed water is not drinkable from a permitting perspective. Commissioner Atkins stated that nevertheless reclaimed water meets the drinkable standards; and asked the appearance of the ASR well? BOOK 54 Page 25536 05/19/03 2:30 P.M. BOOK 54 Page 25537 05/19/03 2:30 P.M. Mr. Taylor stated that the construction zone will be approximately 150 feet long; however, the ASR well will be approximately 30 to 50 feet long and 12 to 16 feet wide upon completion; that the ASR well can be painted, surrounded with landscaping, or camouflaged by another means; that the ASR well will be in a location which is compatible with the Payne Park Master Plan. Commissioner Atkins asked the number of large wells? Mr. Taylor stated that one large ASR well will be constructed; that the three ASR monitoring wells are small with a wellhead diameter of approximately six inches which will be flush with or below ground level. Vice Mayor Martin stated that installing a fence around the ASR well was previously discussed; that the Commission discussed the possibility of designing the ASR well to also function as a piece of playground equipment or public art as an asset to Payne Park rather than another piece of industrial equipment. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to approve the Third Amendment to Agreement for Engineering Services with Post, Buckley, Schuh and Jernigan, Inc., relative to the City's Reclaimed Water Aquifer Storage and Recovery Project and authorize the Mayor, along with the City Auditor and Clerk, to execute same with a funding amount not to exceed $500,000. City Manager McNees stated that the ASR well will be given the best aesthetic treatment possible; however, the ASR well is high volume, industrial pumping equipment; that any discussion regarding playground equipment causes concern; that the ASR well will likely not also function as playground equipment; however, the requirement for buffering or aesthetic treatment is clearly understood. Mayor Palmer stated that a decorative treatment would be nice. City Manager McNees stated that a good answer will be found. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes. 12. UNFINISHED BUSINESS : APPROVAL RE : AUTHORIZE STAFF TO DISCUSS, RESEARCH AND CLARIFY THE REQUIREMENTS OF THE FLORIDA WEST COAST SYMPHONY AND BRING BACK A COMPREHENSIVE PACKAGE TO THE CITY COMMISSION FOR FUTURE DECISION DIRECTED STAFF TO DISCUSS, RESEARCH, AND CLARIFY THE REQUIREMENTS OF THE FLORIDA WEST COAST SYMPHONY, SCHEDULE A JOINT WORKSHOP WITH THE BOARD OF DIRECTORS OF THE FLORIDA WEST COAST SYMPHONY FOR JUNE 11, 2003, AND PLACE AN ITEM FOR FINAL DECISION ON THE AGENDA OF THE JULY 7, 2003, REGULAR COMMISSION MEETING (AGENDA ITEM VI-5) CD 3:30 through 4:30 Mayor Palmer stated that conversations were held with the City Manager and the Executive Director of the Florida West Coast Symphony (Symphony); that a suggestion is to consider a joint workshop with the Symphony Board of Directors; that another Commission workshop is already scheduled at 2:30 p.m., June 11, 2003, which could be advanced to 2:00 p.m., June 11, 2003, sO a joint meeting with the Symphony Board of Directors could be scheduled immediately following; that the desire is to reach an agreement between the Symphony and the City if possible which can be approved to assure the Symphony remains in the Downtown area no later than the July 7, 2003, Regular Commission meeting; that the Commission is adamant in the opinion the Symphony must stay in the City and wishes to work with the Symphony to assure the Symphony will remain in the City; that issues require resolution; that the hope is an agreement can be reached at the current meeting to continue the constructive conversation to reach a resolution which is beneficial for the Symphony as well as the City. City Manager McNees stated that the request from the Symphony for property in the Cultural District was received by the Commission at the April 21, 2003, Regular Commission meeting; that the Commission continued the discussion to the current meeting sO additional information could be obtained; that numerous conversations have been held with the Symphony Executive Director to clarify the Symphony's requirements; that the Commission has approved the hiring of a consultant to conduct a study to develop a Cultural District Master Plan to determine the best and highest uses for the area and the best future development which could possibly replace the large asphalt parking lot currently dominating the area; that the Symphony is an important tenant for the City and is also BOOK 54 Page 25538 05/19/03 2:30 P.M. BOOK 54 Page 25539 05/19/03 2:30 P.M. developing a long term plan to determine a future direction and assure the Symphony's continued viability; that the Symphony is of the opinion decisions are required about the ultimate location and configuration of the Symphony's physical facilities in advance of the City's completion of the Cultural District Master Plan; that the suggestion was for the Symphony to identify specific needs and to allow the Commission an opportunity to determine if the needs can be accommodated and incorporated into the Cultural District Master Plan; that the Symphony identified the needs in an April 8, 2003, letter from Joseph McKenna, Executive Director, Florida West Coast Symphony, regarding the basic requirements for the long term facility expansion included in the Agenda backup material of the April 21, 2003, Regular Commission meeting as well as the current meeting; and referred to a May 18, 2003, memorandum from him to the Commission identifying the following Symphony requests for: a four acre site within the Cultural District; - a guarantee of 773 parking spaces to be provided by the City or other third-party authority; lease language allowing leveraging of equity in existing Symphony facilities; leasehold terms to preserve the ability for the Symphony to cultivate other related business activities; and satisfactory resolution of the Renaissance view corridor issues. City Manager McNees stated that clarification concerning the requests has been requested from the Symphony; that the requests may be problematic but are not impossible and require clarification prior to a Commission decision; that the Administration's role is to assure the Commission is in a position to keep any promises made; that Staff wishes to understand the financing vehicle involved in the request to leverage the Symphony's equity to assure the legality and the protection of the City's interests; that Staff wishes to assure the City will not be subsidizing a hall which will compete with the Van Wezel Performing Arts Hall (VWPAH) if the request concerning other related business activity is granted; that the Symphony and the VWPAH compete to some degree at this time, which is acceptable; however, two competing halls could be created in close proximity if the scope of the Symphony's current presentations broadens to a greater degree than at present; that the resulting drain on the customer base could make the viability of both facilities more difficult; that specific information concerning the other related business activities has not yet been provided by the Symphony; that another Symphony request is to resolve the Renaissance view corridor easement which cannot be promised by the City and is not within the control of the Commission; therefore, agreeing to a resolution of the Renaissance view corridor easement is problematic; that discussions have been held with the City Attorney's Office which can provide additional information as necessary; that the Commission has clearly indicated keeping the Symphony within the Culture District is a high priority; that the objective can be achieved; however, the issue is if the City can make the promises requested by the Symphony at this time; that a funding source for the 773 parking spaces cannot be identified at this time; therefore, the Administration cannot recommend approving the requests at this time; that room for negotiation may be available; that the hope is the Symphony will address the possibility of negotiation. Joseph McKenna, Executive Director, Florida West Coast Symphony, and Earl Pollock, Member of the Symphony Board of Directors, came before the Commission. Mr. McKenna stated that the desire is to create a platform from which to move forward; that the Symphony has had discussions with Commissioners concerning the Symphony's development activities and the expansion plans developed in the Symphony's visioning process during the past year; that the Symphony Board of Directors approved a Strategic Plan in May 2002; that the first subsequent step was to form a small group of members of the Symphony Board of Directors to assist and continue the dialog and discussion to move forward with expansion plans; that a meeting was held with the City Manager to provide an update of the outcomes of the work from 2002; that a meeting was also held with all the then sitting Commissioners; that the Symphony was apprised of the City's plans for a study to develop a Cultural District Master Plan and was asked to participate; that the Symphony was delighted to participate in the selection of the consultant to conduct the study for development of the Cultural District Master Plan; that the Symphony has been going through the visioning process for a period of time; that the dialog with the City has been productive; that the issues have come into focus during the past two to three months with the assistance of the City Manager. BOOK 54 Page 25540 05/19/03 2:30 P.M. BOOK 54 Page 25541 05/19/03 2:30 P.M. Mr. McKenna continued that concerning parking, the Symphony was never of the opinion the parking must be exclusively for the use of the Symphony; that any project in the area will require the ability to: 1) provide vital, alive, and numei rous programs and 2) bring people into the Cultural District; that ultimately success depends on people combined with programs, which together bring cultural districts across the country to life; that parking needs are not exclusively for the Symphony but rather all the tenants in the Cultural District; that people's imaginations will become engaged during the processi that a desire will develop to create other programs and activities in the Cultural District which have not been considered sO far; that parking is not an issue solely concerning the Symphony but rather the Cultural District in its entirety; that the number one ambition of the Symphony has been to remain in the Downtown area, which has been the Symphony's home; however, pursuing other options is healthy, particularly considering some of the issues raised, sO sound decisions can be made in view of all the opportunities available; that two primary issues exist with the Cultural District site: 1) parking and 2) the view corridor; that the two issues are long term discussion items which could inhibit the accomplishment of a Symphony expansion plan; that the Symphony has completed some visioning work resulting in a genuine concern with the two primary issues, the resolution of which is uncertain at this time; that planning for the future is difficult if needs are identified and uncertainty exists as to the ability to fulfill the needs to keep the organization moving forward. Mr. McKenna stated further that parking and the view corridor have been at the cornerstone of the dilemma for the Symphony; that other issues can and will be discussed; however, parking and the view corridor must be kept at the forefront of the discussions; that two very uncertain items exist for the Symphony and must be addressed relative to the health of the Cultural District as well as the Symphony; that the Symphony's institutional needs are significant; that additionally, the Symphony has deadlines with consideration of other sites, options, and donor commitments, all of which are challenges for the Symphony Board of Directors; that the Symphony's dilemma is two significant obstacles must be overcome with perhaps little assurance of resolution which is at odds with several options for moving the Symphony forward; that the Symphony is at an interesting place in its history; that the dilemma is being shared with the Commission; that the Symphony Board of Directors will consider all the discussion at the current meeting and will give every consideration to all input prior to making a decision; that the dilemma with which the Symphony is presented will require everyone's cooperative efforts to resolve the issues; that he is a representative of the Symphony but not a member of the Symphony's Board of Directors; that the spirit of the discussion will be conveyed to the Symphony's Board of Directors sO the conversation can continuei that Mr. Pollock, who is also present, has been a member of the Symphony Board of Directors for a number of years, serves on the site investigation team, and has helped the Symphony over the past year with the issues presented. Mr. Pollock stated that the Symphony Board of Directors would prefer to locate the new concert hall in the Downtown area; that the view of the Symphony Board of Directors is unanimous; that the question is if the new concert hall can be located in the Downtown area, given the issues presented and while being consistent with deadlines presented; that the concern is failing to meet the deadlines presented and ultimately not being able to locate the new concert hall in the Downtown area; that the opportunity to discuss the dilemma with the Commission is appreciated. Mayor Palmer stated that the suggestion was made earlier in the meeting to allow time to discuss the issues with the objective of reaching a resolution for consideration at the July 7, 2003, Regular Commission meeting; that the negotiations could continue immediately; that the Symphony was previously given the right to construct a structure above 45 feet in the Renaissance view corridor; that parking is an issue which must be discussed; that the deadlines are not known by the Commission; that the hope is the donors and others could delay any imposed deadline until a decision as to a possible resolution can be achieved; that the Symphony's long term plan is important to the community; that the opportunity should be provided to the City and the Symphony to work out an agreement; that the Symphony should stay in the Downtown area. Mr. McKenna stated that the spirit and the message will be carried to the Symphony Board of Directors; that the Symphony has a donor imposed deadline of May 31, 2003; that no discussions concerning extending the deadline have occurred; that the Symphony Board of Directors will have to consider the BOOK 54 Page 25542 05/19/03 2:30 P.M. BOOK 54 Page 25543 05/19/03 2:30 P.M. possibility of flexibility in the deadline; that a 30 to 45 day window exists in the consideration of other sites, which is not inconsistent with the suggested timeline; that the issue of the Renaissance view corridor is difficult; that the initial approvals of the Renaissance view corridor were associated with the Governmental (G) Zone District waiver previously approved by the Commission which had a two year expiration and the previously submitted and approved site plan for the Symphony facility; that some exposure may exist as to approval of the Renaissance view corridor for a different site plan; that the Cultural District Master Plan may provide for development of a complete cultural district which will evolve over time, in which case parking must be addressed; that tiered parking will likely be required for a viable cultural district; that the possible approval of the Renaissance view corridor is uncertain due to the association with the previously submitted site plan. Mayor Palmer stated that the next regularly scheduled Commission meeting is July 7, 2003; however, a Special Commission meeting could be scheduled as necessary if the issues can be resolved; that the Symphony can see the commitment from the Commission; that Symphony belongs in the City's Downtown area; that the City Attorney's Office must become involved in the issue of the Renaissance view corridor, which is the reason for the necessity for additional time. Charles Kuykendall and John Tylee, representing the Downtown Association of Sarasota, Inc. (Downtown Association), came before the Commission. Mr. Tylee distributed a position paper of the Downtown Association expressing support for the Symphony to remain in the Downtown area. Mr. Kuykendall stated that the Downtown Association strongly wishes the Symphony to remain in the Downtown area but also realizes the Symphony has significant time constraints and the City has significant budget constraints; that the constraints are respected; that the issues are complicated; that the Downtown Association is pleased a workshop will be scheduled to discuss and hopefully resolve the issues; that the City should send and has sent a strong message to the Symphony indicating a sincere desire to resolve the issues; that both organizations should be sympathetic with the problems and try to come to a good resolution which keeps the Symphony in the Downtown area; that the Downtown Association will present the same message to the Symphony; that the City has done an outstanding job with the County concerning the County's administrative offices; that the hope is the cooperative spirit continues to assure a viable Downtown. Mr. Tylee stated that the merchants, residents, and employers represented by the Downtown Association appreciate the comments from the Commission and the Symphonyi; that both sides are wished well for a quick negotiation to resolve the issues successfully for all the people who care about the Downtown. Mayor Palmer distributed a May 16, 2003, letter to Joseph McKenna, Executive Director of the Florida West Coast Symphony, and a position paper to the Commission from Kenneth Shelin on behalf of the Bayfront Condominium Association expressing the opinion the Symphony should remain Downtown, supporting the City's effort to facilitate the Symphony's remaining Downtown, and urging open communication with the public. Vice Mayor Martin stated that the Renaissance view corridor is an unresolved issue, over which the Commission has little control; and asked the parameters of the issue and the timeline for consideration? City Attorney Taylor stated that the issue concerning the Renaissance view corridor is contained in an agreement involving three parties, one of which is the Cityi that none of the parties can unilaterally take action; that the Symphony became the third party to the agreement concerning the Renaissance view corridor at the time the Commission committed to designating the previously submitted Symphony project as eligible for one of two exclusions from the view corridor easement with the Renaissance; that the initial agreement for the Symphony to obtain the designation was not a difficult negotiation; that no impediment may exist to redirecting the designation to a new Symphony project as long as adequate detail is provided; that the attorney negotiating the agreement is present for additional questions if desired. Michael Connolly, Attorney, City Attorney's Office, came before the Commission and agreed the initial negotiations were not difficult. BOOK 54 Page 25544 05/19/03 2:30 P.M. BOOK 54 Page 25545 05/19/03 2:30 P.M. City Manager McNees stated that the Symphony previously indicated negotiations would be pursued with the third party to the agreement; that the status of the negotiations is unknown. Charles D. Bailey, Jr., of the law firm of Williams Parker, Harrison, Dietz & Getzen, representing the Florida West Coast Symphony, came before the Commission and stated that the City Attorney's Office made an effort to obtain the condominium documents to determine the current ownership of the Renaissance; that three entities were the parties to the previous agreement: the City, the Symphony, and the Developer of the Renaissance; that condominium units have been sold in the Renaissance since that time; that the authority to modify the agreement concerning the view corridor has been dispersed; that an effort is being made to identify all the parties who must agree to any change; that the City's residents have reacted strongly to keeping the Symphony in the Downtown area; therefore, the hope is the purchasers of the Renaissance condominium units may have purchased due to the proximity to the Cultural District, including the Symphony; that the appropriate party or parties to the agreement, i.e., the condominium owners or the condominium association, must be identified. City Attorney Taylor stated that the understanding is ownership of the Renaissance remains with the Developer. Attorney Bailey stated that the Developer indicated the condominium unit owners should be contacted. Mr. McKenna stated that identifying the parties to any future agreement is an issue; however, the Symphony has begun the process; that the ambiguity as to the identification of the parties represents a concern to the Symphony. Mayor Palmer stated that the issue can be reviewed and hopefully resolved by the July 7, 2003, Regular Commission meeting; that the City and the Symphony should work together to resolve the issue. Vice Mayor Martin asked the timeline of the Cultural District Master Plan? John Burg, Chief Planner, Planning Department, came before the Commission and stated that the Cultural District Master Plan involves two phases; that the initial visioning program charrette is tentatively scheduled for late September 2003; that a draft plan with options will then be presented; that a series of public meetings is anticipated for November 2003; that the hope is the Cultural District Master Plan will be completed by year end 2003. Vice Mayor Martin asked the Symphony's timeline for redevelopment? Mr. McKenna stated that the Symphony reconsidered the initial project previously submitted to the Commission; that a number of donors made a commitment to the Symphony several years ago; that some donors have understandable impatience and anxiousness to move forward; that the Symphony must maintain a delicate balance with the desire of the donors to move forward; that the current facility has performance space limitations; that an agreement is being negotiated with the Symphony's musicians for the next several years; that all the issues result in a delicate scenario of managing the Symphony; that the Symphony is anxious to move quickly and is sensitive to timelines; that the fastest a concert facility can be developed is approximately 34 months, including the planning, construction, opening, etc.; that the Symphony has historically done a good job of serving south Sarasota County as well as the entire urban core; that the Symphony continues much quality work in Manatee County; that the Symphony is a Sarasota based organization but has good appeal for the entire region; that the Symphony's challenge is to stay ahead of the curve; that the Symphony has not modified its mission of education and performance; that 15 years ago, the Symphony was an excellent community orchestra, held an international music festival of high regard, and conducted educational programsi; that in reality, the Symphony has a first class regional orchestra which is growing, continues to have the international music festival, and conducts more educational programs to serve more people including the adult education population; that the timeline is driven by donors who are anxious and waiting and a project which has been modified and must be moved forward. Vice Mayor Martin stated that the Symphony could begin the architectural drawings if a site were made available in the Cultural District. Mr. McKenna stated that is correct; that the visioning process considered the needs of the Symphony for the next 50 years, BOOK 54 Page 25546 05/19/03 2:30 P.M. BOOK 54 Page 25547 05/19/03 2:30 P.M. which was a difficult and daunting task; that the land requirements were identified consistent with the long term needs of the Symphony; that an objective was to assure a Board of Directors 15 years in the future would understand the current Board of Directors had the insight and due diligence to plan for the Symphony's long term goals, one of which is to maintain a one campus facility. Commissioner Bilyeu stated that funds are available from the Tax Increment Financing (TIF) District; that TIF funds are being requested for the Whole Foods project, by the County, by the Sarasota Herald-Tribune, and others; that all the projects are good, like the Symphony; that his daughters have been involved in the Symphony's youth program for many years; that the desire is for the Symphony to remain at the current location in the Cultural District; that the land for the Symphony must be identified in the City's Cultural District Master Plan, which may take a period of time; that actual completion of a new facility could take four years. Mr. McKenna stated that the Symphony's concern is losing two other options and being unable to resolve the Renaissance view corridor and parking issues; that the two other options will likely go away due to deadlines; that a donor issue is also a concern of the Symphony Board of Directors; that every site is different; that a site on the Bayfront may have issues related to Federal Emergency Management Agency (FEMA) regulations which may not be a concern on other sites; that the Symphony can likely not wait until the Cultural District Master Plan is completed as options may be lost; that the Symphony Board of Directors has not yet made a decision; that the Symphony's ambition is to remain in the Downtown area; however, making the decision to remain in the Downtown area has inherent risks which may prevent the Symphony from moving forward; that the other options may not be available at a later time; that the request for four acres in the Cultural District was for the building footprint alone, with the assumption parking would be available for all the tenants in the Cultural District; that the acreage requirements increase if parking must be considered; that parking can be created either horizontally or vertically; that the amount of land necessary for any facility is largely dependent upon the manner in which parking is handled; that the Symphony is motivated to move forward. Commissioner Bilyeu stated that the Symphony's request is neither more nor less than others received by the City; that the City has allowed construction in the Downtown area without requiring adequate parking for many years which has created traffic congestion; that numerous telephone calls have been received concerning the Symphony; that 100 percent of the callers wish the Symphony to remain in the Downtown area; that charging for parking and having the Symphony contribute to the cost of developing the parking have been discussed; that constructing a building which could accommodate multiple purposes has been suggested; that the personal desire is for the Symphony to remain in the Downtown area. Mr. McKenna stated that the Symphony's number one ambition is to remain in the Downtown area; that the Symphony is open to any innovative solution; that the dilemma is the Symphony must move forward in a timely manner, not make decisions involving significant ambiguity or uncertainty, and not lose currently available options if other obstacles cannot be overcome; that the dilemma has nothing to do specifically with the Symphony or the City but rather would affect any two organizations with similar business concerns; that the Commission's sincere desire to keep the Symphony in the Downtown area is understood and will be communicated to the Symphony Board of Directors; that the hope is to craft a solution which makes sense and meets the Symphony's needs; however, the environment in which the Symphony Board of Directors is deliberating must be clearly communicated to the Commission. Mayor Palmer stated that the personal suggestion involves specific deadlines; that the views of all the Commissioners have not been heard; that the suggestion is not an open ended proposition; that the City is developing a Cultural District Master Plan; however, the hope is to develop a solution within the next six weeks sO the matter will be settled by the July 7, 2003, Regular Commission meeting; that the views of the other Commissioners is solicited. Commissioner Atkins stated that the effort is to remain objective regarding any proposal presented to the Commission; however, expecting the City to make a decision sO quickly seems unreasonable; that the personal desire is for the Symphony remain in the Downtown area; however, supporting a competing facility to the VWPAH which experienced numerous and significant problems during the recent renovations is difficult; that more problems than are currently being considered may exist; that the BOOK 54 Page 25548 05/19/03 2:30 P.M. BOOK 54 Page 25549 05/19/03 2:30 P.M. problems are real; that the Symphony is thriving; however, many symphonies throughout the country are experiencing difficulties and are closing; that serious issues must be addressed; that the reality is constructing a competing facility to the VWPAH will not be personally supported; that the City is in the business of making money for the City's citizens at the VWPAH, or at least not losing too much money; that the City has not done a good job of making money at the VWPAH recently; that the Commission should realistically consider the proposal; that the Symphony must make a realistic decision based on the Symphony's position and wishes of the donors and decide if the continued desire is to remain Downtown in which case the City's decision should not be rushed. Vice Mayor Martin stated that scheduling a workshop would allow all parties to address and clarify the issues without overextending the time; that much vagueness exists; that a willingness of spirit exists; that the relationship can be compared to the City/County relationship; that the City is moving forward with the County in a spirit of trust; that some breathing space is necessary for both sides to ask questions and, particularly, clarify the view corridor which should have been addressed a year ago; that all will win if the Symphony remains in the Downtown area as part of the Cultural District Master Plan; that the consultant preparing the Cultural District Master Plan has a remarkable portfolio, including the redevelopment of Lincoln Center in New York City; that interestingly, the proposed footprint for the Symphony building is approximately the same size as the footprint of Lincoln Center; that the synergy of the Lincoln Center and the surrounding area is remarkable; that the City brags about being a cultural center; that the Cultural District Master Plan presents an opportunity which is a winning situation for everyone; that the donors who have presented deadlines will hopefully understand the Commission is in support of and not in opposition to the Symphony; that hopefully, the Symphony Board of Directors will have the same understanding; that the Commission wishes to do everything possible to move the process forward; that his first vote as a Commissioner two years ago was approving the Symphony's redevelopment plan; that only positive signals have been heard from the City regarding the Symphony during the past two years; that the Mayor's suggestion to allow additional time is good; that donors and others in the community will say a deliberative process is desired; that the issues must be addressed to provide a comfort level. Mayor Palmer asked if the suggested June 11, 2003, workshop with a decision at the July 7, 2003, Regular Commission meeting is supported? Vice Mayor Martin stated yes. Commissioner Bilyeu stated that the hope is no deadlines are being harmed; that the suggested June 11, 2003, workshop with a decision at the July 7, 2003, Regular Commission meeting is supported; that the pressure is on. Mayor Palmer stated that three Commissioners support the June 11, 2003, workshop with a decision at the July 7, 2003, Regular Commission meeting; that the hope is the Symphony's representatives will report the majority of the Commission's strong support of the Symphony to the Symphony Board of Directors; that additional time is required; that the desire is for the Symphony to return to the Commission for further discussion; that the Symphony should contact the City if an earlier. meeting is required; that she will be out of town until June 11, 2003, but will return if necessary due to the importance of the discussion. City Manager McNees stated that the indication is adequate time is missing; that in actuality, adequate information is missing; that many people understand part of the issue, including himself; that no one may understand the entire issue; that getting together and sharing information is crucial; that the Commission is likely not aware of all the variables affecting the Symphony; that the Symphony Board of Directors, equally, is likely not aware of the full impact of the City's concerns; that a presentation could be made to the Symphony Board of Directors if desired to assure a complete and common understanding; that all the correspondence received recently indicates a call for a common understanding of the large scale public policy issue for the community; that the personal plea is not for time but rather for information and an open ability to share information sO the best decision can be made for all parties involved. Mayor Palmer stated that the Symphony Board of Directors has a May 22, 2003, meeting scheduled; that the City Manager could attend and speak to the Symphony Board of Directors if considered appropriate. BOOK 54 Page 25550 05/19/03 2:30 P.M. BOOK 54 Page 25551 05/19/03 2:30 P.M. Mr. McKenna stated that a meeting of a small group of the leadership of the Symphony Board of Directors will be convened immediately following the current meeting; that the spirit, flavor, and message of the current meeting will be conveyed; that a follow up discussion with the City Manager will then be initiated. Mayor Palmer stated that the concern is the May 22, 2003, meeting of the Symphony Board of Directors is the last until the fall of 2003. Mr. McKenna stated that the Symphony Board of Directors is always on notice special circumstances may warrant a special meeting; that a general willingness exists to have the discussion with the City. Mayor Palmer stated that the City Manager has indicated his availability; that the hope is the Symphony will take advantage of the offer; that the June 11, 2003, workshop is intended as a progress report assuming all the information is being exchanged and both sides have an opportunity to ask questions or obtain information and the public will be able to listen to the conversation; that the community should receive complete and full information which has not been available to date; that the most common concern expressed has been a lack of understanding of the Symphony's requests; that the community desires a public dialog; that the Symphony belongs to the entire community, not just to the City of Sarasota or even to the Symphony Board of Directors but rather to everyone in the community and even those who do not live in the community but come to hear the Symphony's concerts and are involved in the Symphony's programs; that the Symphony is an incredible organization; that the plea is to assure a good resolution. Vice Mayor Martin stated that a conversation with the Chair of the Symphony Board of Directors was held on May 19, 2003; that an offer was made to attend the May 22, 2003, meeting of the Symphony Board of Director if desired by the Commission and the Symphony; that a personal offer is extended to accompany the City Manager to convey the spirit of the willingness of the Commission to the Symphony Board of Directors. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to direct Staff to discuss, research, and clarify the requirements of the Florida West Coast Symphony, schedule a joint workshop with the Board of Directors of the Florida West Coast Symphony for June 11, 2003, and place an item for final decision on the Agenda of the July 7, 2003, Regular Commission meeting. Commissioner Atkins stated that the Symphony Board of Directors has not decided if the presence of the Vice Mayor and the City Manager is desired at the May 22, 2003, meeting; that the Symphony could be more enthusiastic about the City's offer. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. Mayor Palmer stated that Sarasota County Staff is in attendance to make a presentation concerning the Manatee Protection Plan; that hearing no objections, the meeting will be extended for ten minutes to hear a presentation concerning the Manatee Protection Plan by Sarasota County Staff. 13. UNFINISHED BUSINESS: REPORT RE: : UPDATE ON THE MANATEE PROTECTION PLAN BEING PREPARED BY SARASOTA COUNTY RECEIVED REPORT WITH THE UNDERSTANDING THE CITY WILL BE INCLUDED IN THE COUNTY I S MANATEE PROTECTION PLAN (AGENDA ITEM VI-3) CD 4:30 through 4:41 Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Amy Meese, Project Scientist, Department of Natural Resources for Sarasota County, came before the Commission. Mr. Litchet stated that the Manatee Protection Plan is an environmental protection plan required by Section 370.12, Florida Statutes; that the Manatee Protection Plan was produced by Sarasota County for the Florida Fish and Wildlife Conservation Commission and is designed to reduce human related impacts which cause mortality of manatees; that the Commission can provide input prior to submission of the Manatee Protection Plan to the State if desired. Ms. Meese stated that the opportunity to present to the Commission is appreciated; that additional County Staff and Staff from Mote BOOK 54 Page 25552 05/19/03 2:30 P.M. BOOK 54 Page 25553 05/19/03 2:30 P.M. Marine Laboratory and Aquarium (Mote Marine) are present in the audience for questions if desired; distributed copies of slides of the presentation; and displayed slides concerning the Manatee Protection Plan on the Chamber monitors throughout the presentation. Ms. Meese stated that the Manatee Protection Plan being presented is a preliminary draft, was sent to the State for comment, and is being made available for municipal and public review sO comments can be incorporated into the final Manatee Protection Plan; that the final Manatee Protection Plan will be presented at a public hearing before the Sarasota Board of County Commissioners (BCC) in September 2003; that the goals of the Plan are to: provide a useful and broadly supported Plan; develop an effective program for protection of manatees, their habitat, and other natural resources; provide a strategy for facility development to accommodate demand for waterway access; meet the regulatory requirements of Section 370.12, Florida Statutes; provide a systematic means of developing a siting outcome; and create consistency for docking and marina permits. Ms. Meese stated that all the municipalities in the County, appropriate State agencies, the public, Mote Marine, and the Federal government have been involved in the development and review of the Manatee Protection Plan; that the State and Federal governments have expressed appreciation for the accomplishments to date; that in 1989, the Governor of the State of Florida designated 12 key counties to develop Manatee Protection Plans; that Sarasota County volunteered as the 13th county in 1990; that the State Legislature formalized the requirements for Manatee Protection Plans in the 2002 Legislative Session; that Section 370.12, Florida Statutes, requires key counties develop Manatee Protection Plans and incorporate boat facility siting provisions in the counties' comprehensive plans by July 1, 2004; that Sarasota County is currently conducting an Evaluation and Appraisal Review of Apoxsee, the Sarasota County Comprehensive Plan; that a strategy has been developed and approved by the State Department of Community Affairs (DCA) for incorporation of the boat facility siting provisions in the County's Comprehensive Plan during the annual updating cycle; that an implementation code for the Manatee Protection Plan will be developed and will be the subject of a public hearing before the BCC; that the State asserts local municipalities within the key counties should consider adopting the counties' Manatee Protection Plan; that development of the Manatee Protection Plan has been a team effort with the input from the municipalities in Sarasota County; that the boat facility siting provisions were presented to the City Commission in 2001; that following are the activities which have occurred since that time: Data was updated. State and Federal Speed Zones were updated. Variance procedures were defined. Recommendations were developed for future studies. Intergovermmental Coordination, Future Projects, and Habitat Protection sections were developed. An education and awareness assessment and a law enforcement assessment were completed and recommendations developed. Objectives and policies were developed. An Implementation Plan was developed. Ms. Meese continued that two public meetings were held during the, development of the Boat Facility Siting Plan; that one public meeting has already been held concerning the Manatee Protection Plan; that three additional public meetings are scheduled for July 2003, providing ample opportunity for public input prior to adoption; that six intergovernmental coordination meetings were held during development of the Boat Facility Siting Plan; that three intergovermmental coordination meetings in addition to municipal administrator meetings were held so far during development of the Manatee Protection Plan to assure municipal concerns were understood and addressed; that two presentations were provided the City Commission, one concerning the Boat Facility Siting Plan and the current presentation concerning the Manatee Protection Plan; that similar presentations were provided all the municipalities in Sarasota County sO direct feedback could be obtained. BOOK 54 Page 25554 05/19/03 2:30 P.M. BOOK 54 Page 25555 05/19/03 2:30 P.M. Ms. Meese displayed on the Chamber monitors a map of Siesta, Lido, Longboat, and Bird Keys including an area on the northeastern side of Bird Key in which the criteria of the Boat Facilities Siting Plan will be considered conditional; and stated that the area on Bird Key was originally not recommended for application of the siting criteria; however, the area on Bird Key has been changed to conditional application of the siting criteria based on a re-evaluation of the siting criteria and recommendations of the State; that the result will be greater flexibility for siting; that the next steps are: June 30, 2003: Submission of the Manatee Protection Plan to the Florida Fish and Wildlife Conservation Commission. Summer 2003: Additional State and public review as well as public meetings scheduled as follows: July 14, 2003 = Venice July 16, 2003 - BCC July 2003 North Port September 24, 2003: Public hearings to adopt the Manatee Protection Plan and Implementation Code. Ms. Meese stated that adoption of the Manatee Protection Plan by the municipalities in Sarasota County is optional; that the City of Sarasota will make the choice at a later time; that assistance in the municipal adoption process will be provided at a future time if desired; that the Building, Zoning and Code Enforcement Department and the Office of the City Auditor and Clerk have copies of the Manatee Protection Plan; that a reading copy has been provided the Commission Office; that the Manatee Protection Plan is also available on the County's web site and all reference desks at County libraries. Vice Mayor Martin stated that receiving a reminder about the July 16, 2003, BCC meeting would be appreciated. Ms. Meese stated that a notice will be mailed. Vice Mayor Martin asked if the Evaluation and Appraisal Report for the County's Comprehensive Plan is scheduled for completion by July 1, 2004? Ms. Meese stated that recommendations concerning the Manatee Protection Plan must be submitted to DCA; that applicable amendments to the County's Comprehensive Plan will follow the regular amendment adoption schedule. Mr. Litchet stated that Staff's recommendation would be to follow the same process for the City if the Commission decides to adopt the Manatee Protection Plan. Mayor Palmer stated that the key is for the City to become incorporated in the County's Manatee Protection Plan sO the City is not required to develop a separate Manatee Protection Plan; and asked if the City is being asked at this time to become part of the County's Manatee Protection Plan? Mr. Litchet stated that the Commission can provide input if desired; that otherwise, a motion to receive the report will be considered as direction for the City to stay involved with development of the County's Manatee Protection Plan. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to receive the Manatee Protection Plan as presented with the understanding the City will be included in the County's Manatee Protection Plan. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. The Commission recessed at 4:41 p.m. and reconvened at 6:00 p.m. 14. COMMISSION PRESENTATION RE: MAYOR' S CITATION TO DANIEL "ZAK" TANJELOFF IN RECOGNITION OF HIS FOUNDING OF THE WHY ME? CLUB (AGENDA ITEM VIII-1) CD 6:01 through 6:10 Mayor Palmer requested that Daniel "Zak" Tanjeloff join her and the Commission at the Commission table. Mayor Palmer stated that she had the pleasure during a Voter Registration Program presented by the Office of the Supervisor of Elections to work with Sharon Farley, a teacher of American History at Sarasota High School, and to meet Mr. Tanjeloff and many of the other students involved in the Why Me? Club; that the BOOK 54 Page 25556 05/19/03 2:30 P.M. BOOK 54 Page 25557 05/19/03 2:30 P.M. positive work the City's young people are doing for the community and the entire world is not too often seen; that the work being performed by the students is astounding and amazing. Mayor Palmer read in its entirety the Mayor's Citation commending the dedication, hard work, enthusiasm, and compassionate concern demonstrated in the founding of the Why Me? Club by Mr. Tanjeloff and indicating Mr. Tanjeloff developed the idea for the Why Me? Club in September of 2002; that over $200,000 has been raised; that a trip to South America has been taken and another is planned which is amazing; that Mr. Tanjeloff is an example of the manner in which one young person can change the world; and presented Mr. Tanjeloff the Mayor's Citation. Mr. Tanjeloff stated that the main goal of the Why Me? Club is to educate young people in the City through relief efforts and to prove how lucky people are in the United States and in Sarasota compared to people around the world; that young people learn through relief efforts, trips, and showing of pictures; that not every young person has the chance to board a plane and deliver medical supplies; that the young people are afforded the opportunity come back and teach other young people by showing videos and pictures and telling stories; that education is provided through relief efforts; that the young people participating will appreciate warm showers, warm meals, air conditioning, and other amenities taken for granted prior to taking relief effort trips which is the purpose of the Why Me? Club; that the purpose is not to change lives but to teach young people to appreciate the amenities currently enjoyed; that the hope is to extend the Why Me? Club to other schools in Sarasota and perhaps the Country. Mayor Palmer stated that the support provided to the students by Verdya Bradley, Principal, Sarasota High School, and Sharon Farley is appreciated. Mayor Palmer requested that the following students involved in the spring break 2003 trip of the Why Me? Club members, join her and the Commission at the Commission table: Travis Aldrin, Logan Babiak, Matt Bontrager, Melissa Bradley, Stephanie Bradley, and Emily Eastmoore. Vice Mayor Martin presented the Mayor's Citation to the Why Me? Club members involved in the spring break 2003 trip. Mayor Palmer requested that the following students involved in the upcoming June 2003 trip of the Why Me? Club members join her and the Commission at the Commission table: Kelly Beasley, Heather Borres, Kevin Lavelle, Nat Natarajan, Frankie Soriano, James Wiener, Elizabeth Wingfield, and Kaitlin Hammersley. Mayor Palmer stated that Nat Natarajan and Elizabeth Wingfield who also will be participating in the upcoming June 2003 trip were not present in the Chambers but will be presented with the Mayor's Citation at a future time. Vice Mayor Martin presented the Mayor's Citation to the Why Me? Club members involved in the upcoming June 2003 trip of the Why Me? Club. 15. COMMISSION PRESENTATION RE : PROCLAIMING THE WEEK OF JUNE 23 THROUGH 29, 2003, AS FLORIDA WOMEN IN GOVERNMENT, INC. - (FWG INC.) WEEK IN THE CITY OF SARASOTA (AGENDA ITEM VIII-2) CD 6:10 through 6:13 Mayor Palmer requested that Karen McGowan, President of the Gulf Coast Local Chapter of Florida Women in Government, Inc. (FWG Inc.), and members from FWG Inc. join her and the Commission at the Commission table for the presentation and the following representatives came forward: Mary Jackson, Gail Loeffler, Karen McGowan, Linda McKinney, Michele Mician, Linda Needs, Lori Rivers, Jane Robinson, and Sarah Schenk. Mayor Palmer read in its entirety the Proclamation declaring the week of June 23 through 29, 2003, FWG Inc. Week in the City and indicating that FWG Inc. was founded in fiscal year 1963/64 by Dr. John Miklos at the request of city managers whose desire was to foster the development of professionalism among government employees; that FWG Inc. is not aligned with any political party and is a not-for-profit organization, operating under the leadership of a President, an Executive Board, Committee Chairpersons, and Chapter Directors elected by its membership; that the objective of FWG Inc. is to provide an opportunity for BOOK 54 Page 25558 05/19/03 2:30 P.M. BOOK 54 Page 25559 05/19/03 2:30 P.M. self-improvement and professional development and to elevate the standards of personnel in the public sector; that FWG Inc. believes everyone is entitled to emotional and financial independence and supports the attainment of educational, vocational, career, and personal goals without real or artificial barriers; that FWG Inc. supports good government at all levels and the development of highly skilled, forward thinking professionals needed to meet today's challenges; that the Gulf Coast Local Chapter of FWG Inc. has adopted the mission statement of furthering the personal and career development of members through professionalism, education, and community service and presented the Proclamation to Ms. McGowan. Mayor Palmer continued that the Proclamation recognizes the importance of FWG Inc. to the local government and the community; that the efforts, hard work, and participation of the officers and members of FWG Inc. are appreciated; that the organization is incredible; and presented the Proclamation to FWG Inc. members. 16. ADOPTION RE: : MEMORIAL RESOLUTION NO. 03R-1616, RECOGNIZING THE PASSING OF KATHRYN "BABE" WEILLER, ACTIVE MEMBER OF THE COMMUNITY AND BELOVED LOCAL PHILANTHROPIST = ADOPTED (AGENDA ITEM VIII-3) CD 6:13 through 6:18 Mayor Palmer requested that the family and friends of Kathryn "Babe" Weiller join her and the Commission at the Commission table for the presentation and the following family members and friends came forward: Ted and Jean Weiller, Peter Weiller, Norman and Betty Mennell, and Karen Gustafson, President, YMCA Foundation of Sarasota. Mayor Palmer stated that Memorial Resolution No. 03R-1616 recognizes the April 30, 2003, passing of Kathryn "Babe" Weiller, active citizen of the community and beloved local philanthropist; and read Memorial Resolution No. 03R-1616 in its entirety. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to adopt Memorial Resolution No. 03R-1616. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Atkins, yes. Peter Weiller stated that the recognition of his mother being presented by the Commission is appreciated; that his mother loved to give rather than to receive; that she gave to her family, her friends, charities and the community; that she lived an active life until the age of 96; that on the last night of her life, she went out to dinner, came home, went to sleep and never woke up which was her desire at old age; that she is terribly missed. Ted Weiller stated that the words expressed by his brother are sufficient. Mayor Palmer stated that Ms. Weiller was an incredible person and a human dynamo; that she will be missed by everyone. 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. 17. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4471, AMENDING THE ZONING CODE (2002 ED .) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION; DIVISION 2, DEFINITIONS SECTION II-201, DEFINITIONS; RELATING TO THE DEFINITIONS OF: "BUILDING COVERAGE"; ; "PRIMARY PURPOSE " : VEHICLE TYPES: "ADVERTISING VEHICLE I "BUS" "FOR-HIRE VEHICLE' " AND "SIGHTSEEING VEHICLE"; ; "MEDICAL OR DENTAL, OFFICE OR CLINIC"; AMENDING ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES ; DIVISION 6, VARIANCES; SECTION IV-602, BOOK 54 Page 25560 05/19/03 2:30 P.M. BOOK 54 Page 25561 05/19/03 2:30 P.M. APPLICATION REQUIREMENTS, PERTAINING TO THE PROCESSING OF VARIANCE APPLICATIONS, ; AMENDING ARTICLE V, VESTED RIGHTS AND NON-CONFORMITIES; DIVISION 1, VESTED RIGHTS AND NON- CONFORMITIES : TO DELETE SECTION V-102, VESTED RIGHTS FOR LAWFUL EXISTING USES AND STRUCTURES, SUBPARAGRAPH C, SARASOTA MEMORIAL HOSPITAL DEVELOPMENT WITH IN THE SARASOTA MEMORIAL HOSPITAL CORE AREA; AND AMENDING SECTION V-105, NON-CONFORMING STRUCTURES, SUBPARAGRAPH C, EXPANSION OF NON-CONFORMING STRUCTURES; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY ; DIVISION 2, OFF- STREET PARKING AND LOADING; TO ADD A NEW SECTION VII-215, ADVERTISING VEHICLES OFF-SITE PARKING PROHIBITED IN ALL ZONE DISTRICTS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) PASSED ON FIRST READING WITH THE FOLLOWING CHANGE IN LANGUAGE : SECTION V-105 (C), ZONING CODE (2002 Ed.),SHALL APPLY TO ONE STORY STRUCTURES WHICH HAVE A FINISHED FLOOR ELEVATION OF NO MORE THAN 24 INCHES ABOVE THE AVERAGE ELEVATION OF THE CROWN OF A DEDICATED PUBLIC STREET ABUTTING A FRONT YARD AND NON QUASI-JUDICIAL PROPOSED ORDINANCE NO. 03-4472, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING THE FOLLOWING TO CLARIFY AND CONSOLIDATE STANDARDS FOR OUTDOOR WORK AND STORAGE ACTIVITIES IN ALL COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONE DISTRICTS: ARTICLE VI, ZONE DISTRICTS; DIVISION 5, COMMERCIAL ZONE DISTRICTS; SECTION VI-503, TABLES VI-503 AND VI-503,A; DIVISION 6, PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS; SECTION VI-603, L, DEVELOPMENT STANDARDS AND TABLE VI-603; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS, SECTION VI-703, K, DEVELOPMENT STANDARDS, AND TABLE. VI-703; DELETING THE FOLLOWING SECTIONS AS BEING SUPERSEDED BY THE ABOVE: ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 6, ADDITIONAL USE AND DEVELOPMENT STANDARDS; SECTION VII-601, PURPOSE I AND K; SECTION VII-602, SPECIFIC USE STANDARDS FOR CERTAIN USES, I AND K; AND DELETING DIVISION 9, ACCESSORY STRUCTURE AND USES; SECTION VII-904, N, NON- - RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES, ; AMENDING THE FOLLOWING SECTIONS TO ALLOW COMMERCIAL RECREATION USES IN THE G, C-CBD AND MP ZONE DISTRICTS : ARTICLE VI, ZONE DISTRICTS; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS; SECTION VI-702, PRIMARY USES; TABLE VI-701, PRIMARY USES ALLOWED IN THE SPECIAL PURPOSE ZONES; DIVISION 8, OPEN SPACE RECREATION AND CONSERVATION ZONE DISTRICTS ; SEC. VI-802, PRIMARY USES; AND TABLE VI-801, PRIMARY USES ALLOWED IN THE OPEN SPACE RECREATION AND CONSERVATION ZONES; ARTICLE VI, ZONE DISTRICTS; DIVISION 9, SPECIAL PUBLIC INTEREST OVERLAY DISTRICTS; SEC. VI-905, FRUITVILLE GATEWAY CORRIDOR OVERLAY DISTRICT; F, DEVELOPMENT STANDARDS, IS AMENDED TO ALLOW MODULAR AND PRE - FABRICATED BUILDINGS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY ; DIVISION 3, TRANSITIONAL BUFFERS L LANDSCAPING AND VEGETATION, ; TABLE VII-301, BUFFER TYPE REQUIRED BY IMPACT CATEGORY AND LAND USE; IS AMENDED TO REVISE ZONE DISTRICT TERMINOLOGY; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 6, / USE STANDARDS ; SEC. VII- 602, SPECIFIC STANDARDS FOR CERTAIN USES; EE. TEMPORARY USES AND ACTIVITIES; IS AMENDED TO ALLOW TEMPORARY AUTOMOBILE SALES BY TEMPORARY COMMERCIAL ACTIVITY PERMIT AT THE SARASOTA COUNTY FAIRGROUNDS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 6, USE STANDARDS; SECTION VII-602, SPECIFIC STANDARDS FOR CERTAIN USES; V, SIDEWALK CAFES; IS AMENDED REGARDING LIABILITY INSURANCE, ; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) PASSED ON FIRST READING WITH CHANGE IN LANGUAGE WHICH WILL BE DRAFTED ALLOWING SALES OF NEW AND USED AUTOMOBILES AT THE SARASOTA FAIRGROUNDS AND NON QUASI-JUDICIAL PROPOSED ORDINANCE NO. 03-4473, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY DIVISION 9, ACCESSORY STRUCTURES AND USES : SECTION VII-904, NON-RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES ; K; TO ALLOW DRIVE-THROUGH FACILITIES BY MAJOR CONDITIONAL USE IN THE C-CBD ZONE DISTRICT : ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 11, FENCES; SEÇTION VII-1101, FENCES AND WALLS; C; IS AMENDED TO REVISE STANDARDS FOR FENCES; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 14, MISCELLANEOUS STANDARDS; SECTION VII-1401, REFUSE AND RECYCLING STORAGE AREAS; IS AMENDED TO SPECIFY STANDARDS FOR REFUSE CONTAINER STORAGE AREAS; ARTICLE VII, REGULATIONS OF GENERAL BOOK 54 Page 25562 05/19/03 2:30 P.M. BOOK 54 Page 25563 05/19/03 2:30 P.M. APPLICABILITY, ; DIVISION 14, MISCELLANEOUS STANDARDS; SEC. VII-1402, NON-RESIDENTIAL SITE LIGHTING; IS AMENDED TO ADOPT NEW LIGHTING STANDARDS; ARTICLE VI, ZONE DISTRICTS; DIVISION 1, GENERAL; SECTION VI-102, ZONE DISTRICT MAP AND GENERAL REGULATIONS; SUBPARAGRAPH M, CORNER ZONING LOTS IN THE RSM-9 ZONE DISTRICT; REPEALING ORDINANCES IN CONFLICT ; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 03-ZTA-03, CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM X-A-1) CD 6:18 through 7:35 Mayor Palmer opened the public hearing; and stated that Ordinance Nos. 03-4471, 03-4472, and 03-4473 are to amend the Zoning Code (2002 Ed.) and requested that Staff come forward. Michael Taylor, Deputy Director of Planning, came before the Commission and stated that in January 2003, the Commission authorized Staff to proceed with 19 separate text amendments to the Zoning Code (2002 Ed.); that the Planning Board/Local Planning Agency (PBLP) conducted a public hearing on March 5, 2003, to receive public testimony on Zoning Text Amendment Application No. 03-ZTA-03 which contains the 19 proposed text amendments to the Zoning Code (2002 Ed.); that the detail is provided in the Agenda backup material; that an overview and time for questions will be provided; that the PBLP has recommended 17 of the proposed Zoning Text Amendments be brought before the Commission. Mr. Taylor continued that the 17 recommended Zoning Text Amendments are incorporated into three separate proposed Ordinances; that proposed Ordinance No. 03-4471 addresses Zoning Text Amendments one through six; that proposed Ordinance No. 03- 4472 addresses Zoning Text Amendments 8 through 13; that proposed Ordinance No. 03-4473 addresses Zoning Text Amendments 14 and 16 through 19; that Planning Staff and the PBLP recommend adoption of the 17 proposed Zoning Text Amendments; that one public hearing may be held to address the three proposed Ordinances. Mr. Taylor referred to the document entitled Zoning Code (2002 Ed.) Text Amendments First Cycle 2003 included in the Agenda Backup material and further stated that Item 1, Section II-201, Definition for Medical Office, is a scrivener's correction which adds a missing part of a sentence; that Item 2, Section II-201, Definitions, includes the addition of definitions for advertising vehicles, buses, for-hire vehicles, and sight-seeing vehicles and Section VII-215 amends parking regulations to regulate the off-site parking of advertising vehicles in all zone districts; that Item 3, Section II-201, Definitions, is a definition for building coverage which has been simplified; that Item 4, Section IV-602, Application Requirements, is an application process for variances; that an applicant requiring site plan approval and requesting a variance shall be required to file both concurrently for Development Review Committee (DRC) review which will enable the Board of Adjustment to have DRC comment prior to taking action; that Item 5, Section V-102 Vested Rights For Lawful Existing Uses and Structures, deletes Section V-102(C), Sarasota Memorial Hospital Development within the Sarasota Memorial Hospital Core Area; that the Sarasota Memorial Hospital Core Area is obsolete due to rezoning to the recently developed Sarasota Memorial Hospital (SMH) Zone District. Mr. Taylor stated further that Item 6, Section V-105 (C), Non- Conforming Characteristics of Uses and Structures, may be controversial, that the item addresses expansion of a non- conforming structure; that the current provision allows a structure which encroaches beyond the setback; that the provision will allow a structure to continue to encroach both horizontally and vertically; that some people may be concerned with vertical second, third, and fourth story expansion of a non-conforming structure; that Staff is prepared to recommend, although the recommendation has not gone before the PBLP, a reduction in the original proposal; that Staff recommends limiting the expansion to the horizontal and not allowing vertical expansion to address some concerns which have been heard since the PBLP meeting; that a sentence would be added which would indicate horizontal expansion of the first story on the ground level would be permissible; that the decision is up to the Commission. Mr. Taylor stated that Item 7, Section VII-904 (Q), Non- Residential Accessory Uses, Buildings and Structures, Generally, was removed by the PBLP for further study; that Item 7 relates to the SMH Zone District and the location of certain commercial BOOK 54 Page 25564 05/19/03 2:30 P.M. BOOK 54 Page 25565 05/19/03 2:30 P.M. accessory uses within the hospital or on the hospital campus; that concern was expressed by the neighborhood regarding some of the provisions; that the PBLP recommended Staff continue to meet with neighborhood and hospital representatives regarding allowing more flexibility in locating certain non-residential uses within the medical complex which is currently limited to the principle hospital building and which is the reason for removing Item 7. Mr. Taylor continued that Item 8, Sections VI-503 (K), Exterior Display and Storage, VI-603(L), Development Standards and VI- 703(K), Development Standards, are clarifications to consolidate outdoor work and storage area standards; that the standards will be clarified and consistency will be achieved among all zone districts. Mr. Taylor further stated that Item 9, Section VI-701, Primary Uses Allowed in the Special Purpose Zones, is a provision which will allow commercial recreational uses in the Marine Park (MP) and Commercial Central Business District (CCBD) Zone Districts by approval of a major conditional use; that the change is necessary to legitimize existing commercial recreational uses and allow consideration of future uses; that an example of the clarification is allowing excursion boats from the Sarasota Quay or Marina Jack as a major conditional use; that Item 10, Section VI-905, Fruitville Gateway Corridor Overlay District, deletes a provision which prohibits modular and pre-fabricated buildings; for construction in the Fruitville Gateway Corridor Overlay District which is inconsistent with State law; that Staff was unaware of the provision in the State Statutes which requires allowance of modular and pre-fabricated buildings; that the State Statutes do not include mobile homes in the provision; that pre-assembled units which are manufactured off-site and brought to the site and assembled on the site are allowed. Mr. Taylor stated further than Item 11, Section VII-301, Buffer Type Required by Impact Category and Land Use, is to achieve consistency with the Zoning Code (2002 Ed.) and the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan). Mr. Taylor stated that Item 12, Section VII-602 (EE), Specific Standards for Certain Uses, addresses temporary auto sales at Sarasota County Fairgrounds; that the current provision is to allow sales twice per year; that the PBLP recommendation would allow for monthly automobile sales subject to the following conditions to: 1. Limit sales to new automobiles; 2. Require a landscape buffer along entire length of Fruitville Road in place of a buffer around the perimeter of the parking area; 3. Eliminate the requirement to replace the existing sign on Fruitville Road; 4. Sunset the provision four years after the effective date; and 5. Retain the noise and loading requirements. Mr. Taylor referred to an aerial photograph of the area on the Chamber monitors indicating the location of the proposed automobile sales in the area of Fruitville Road, Tuttle Avenue, and the Robarts Sports Arena; and stated that the landscaping provision will extend the entire length of the Fruitville Road frontage; that Staff previously recommended perimeter landscaping which would be required of any other private developer; that the PBLP thought landscaping would be more beneficial along the Fruitville Road frontage rather than the perimeter of the site, especially since the entire site of the fairgrounds will be remodeled. Mr. Taylor continued that Item 13, Section VII-602 (V) (8), Sidewalk Cafes, increases the liability insurance requirement for sidewalk cafes; that the current liability insurance limits are inadequate to protect the City. Mr. Taylor further stated that Item 14, Section VII-904 (K), Non- Residential Accessory Uses, Buildings and Structures, concerns drive-through facilities in the CCBD Zone District; that Section VII-904 (K) requires major conditional use approval for drive- through facilities in the CCBD Zone District; that Item 14 includes a provision for additional control of drive-through facilities in pedestrian areas; that development of the City of Sarasota Downtown Code (Downtown Code) is in process; that drive-through facilities will be a permitted use in the Downtown Code but will be required to meet certain provisions; that BOOK 54 Page 25566 05/19/03 2:30 P.M. BOOK 54 Page 25567 05/19/03 2:30 P.M. buildings on primary streets will be required to front the road; that drive-through facilities will not be allowed to ingress and egress onto a primary street; however, a provision in the form of an adjustment can be provided to allow drive-through facilities on a primary street if a building is landlocked by primary streets on all four sides of a block; that in January 2003, the Commission requested Staff to reinsert the provision concerning drive-through facilities which had been included in the Zoning Code (1998 Ed.) in the Zoning Code (2002 Ed.) which Staff and the PBLP support. Mr. Taylor stated further that Item 15, Section VII, Division 10, Environmental Performance Standards, was removed by the PBLP for further study; that a proposal was made by Staff to remove the Environmental Pertormance Standards for vibration, smoke, radiation, odors, toxic fire, humidity, electromagnetic, and submerged lands; that the standards for noise are being revised and relocated to the Sarasota City Code (1986 as amended) (City Code) as part of a separate ordinance; that Division 10 as written is not enforceable; that other State and Federal regulations adequately protect the City concerning various environmental standards. Mr. Taylor stated that Item 16, Section VII-1101 (C), Fences and Walls, revises standards for spacing of pickets on fences in waterfront setbacks; that the spacing required by State law was less than previously proposed in the Zoning Code (2002 Ed.); that the Consumer Product Safety Commission Standards for spacing of pickets on fences is consistent with State law; that the Board of Adjustment has recommended the change to comply with State Law. Mr. Taylor continued that Item 17, Section VII-1401, Refuse and Recycling Storage Areas, is a proposal by Staff to modify the current standard which requires refuse containers for multiple family and commercial properties be located 50 feet from adjacent residential properties; that the current standard is too rigid and in some cases requires small properties to obtain a variance to locate refuse containers; that the modification will eliminate the need for small properties to obtain variances and define reasonable standards. Mr. Taylor further stated that Item 18, Section VII, Division 14, Miscellaneous Standards, is a major rewrite of the existing lighting standards; that during the recent update of the Zoning Code (2002 Ed.), the update of the lighting standards was deferred to a later date sO the City could obtain professional assistance; that the pending update of Sarasota County's zoning code has provided the City with the opportunity to benefit from the County's lighting professionals; that the County's consultant developed the standards; that County Staff has evaluated the standards and has recommended adoption to the Sarasota Board of County Commissioners; that a copy of the County Staff's evaluation is on file in the City's Planning Department; that the proposed changes to the City's lighting standards are virtually identical to those of the County; that the PBLP recommended researching additional standards for gas lighting as part of a future Zoning Text Amendment; however, Staff is not certain if additional standards are necessary; that lighting standards are set regardless of the light source; that Staff will research standards for gas lighting which will be inserted if deemed necessary. Mr. Taylor stated further that Item 19, Section VI-102(M), Zone District Map, and General Regulations, includes a provision which is contrary to one of the intended purposes of the Residential Single Multiple-9 (RSM-9) Zone District which made available in the Laurel Park Overlay District; that the RSM-9 Zone District has a 5 foot minimum front yard setback and a 20 foot maximum front yard setback; that the RSM-9 Zone District standard encourages locating buildings close to the street and allows a great deal of flexibility in locating structures; that Section VI-102 (M) indicates in the case of corner zoning lots in residential districts, a front yard of the required depth shall be provided on one trontage and a front yard of no less than 20 feet shall be provided on the other; that any structure built to a width of 30 feet shall meet minimum side yard setback requirements which defeats the purpose of the RSM-9 Zone District. Vice Mayor Martin referred to Item 6, Section V-105 (C), Non- Conforming Characteristics of Uses and Structures, and stated that the proposal is not to allow vertical expansion of a non- conforming use; and asked for an example of a horizontal expansion? Mr. Taylor stated that an example is a front yard of a house which encroaches two feet beyond the required setback and has more side yard setbacks; that expansion would be allowed to encroach two feet into the front yard setback if the house was expanded to the side as long as staying within the setback; that BOOK 54 Page 25568 05/19/03 2:30 P.M. BOOK 54 Page 25569 05/19/03 2:30 P.M. the building would not be allowed to expand vertically to a second or third story. Vice Mayor Martin stated that a case in which the encroachment is more than two feet into the setback would allow horizontal expansion across the entire area up to the side or rear setbacks which are 8 feet. Mr. Taylor stated that some encroachments in older portions of the Downtown are foreseen in the rear or side yards rather than in the front yards. Vice Mayor Martin stated that the objection was vertical expansion which would be more of a problem to an adjacent property since light and air would be blocked. Mr. Taylor stated that the concern was vertical expansion would begin to tower over nearby structures; that the Board of Adjustment has been addressing a number of these types of adjustments which is the reason for bringing the issue forward; that Staff has indicated approximately 12 percent of 150 to 200 variances concern horizontal and vertical expansion; that the variances are being granted routinely by the Board of Adjustment; that some variances have been denied; that some variances which could easily be supported are on the first floor at ground level elevation; that the second and third story variances pose the greater problems. Vice Mayor Martin stated that vertical and horizontal expansion variances dominate the caseload of the Board of Adjustment; that many are granted; and asked if the variances which are not granted are typically the ones requesting vertical expansion? Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that from 1989 through 1998 the City had a policy promoting vertical and horizontal expansion which sparked redevelopment and which likely eliminated the need for some variances; that the City allowed the expansions horizontally and vertically; that the Zoning Code (1998 Ed.) was changed to the language presently included in Section V- 105, Nonconforming structures, the Zoning Code (2002 Ed.), as follows : C. A noncontorming structure may be expanded only if: 1. The expansion will not increase or extend the nonconforming element of the structure and the expansion is otherwise in conformance with these regulations (see illustrations): ; or 2. The expansion is required by law or for safety. Mr. Litchet continued that since that time, 186 variance requests have been received; that the variance requests were not all due to the provision; that 21 variances have been affected by the provision which is 12 percent of the Board of Adjustment caseload since October 1998; that 19 of the 21 variances have been approved; that two have been denied; that the concern is the current policy does not promote redevelopment and is creating a hardship for some easily decided cases. Mr. Litchet further stated that the Board of Adjustment utilizes hardship criteria; that the two variances which were denied may not have been denied due to bad policy but clearly did not meet the Board of Adjustment criteria for the variance; that the concern is for an individual with a carport which is in the side yard setback; that the language in the Zoning Code (2002 Ed.) prohibits the individual from enclosing the carport without coming to the Board of Adjustment for a variance; that the individual is required to pay a $350 application fee; that considerable time is required to take the variance to the Board of Adjustment and increases Staff's caseload; that the current policy is creating a hardship for some of the City's citizens for some expansions which are routinely granted; that the solution is a recommendation to limit expansion to the horizontal only for structures which are truly on grade or no more than 24 inches above the center line of a street; that the City Attorney's Office has been provided with examples of suggested language; that redevelopment will be promoted in the City, and easily decided cases will not be required to go through the entire process which are the reasons for the recommendation. Vice Mayor Martin asked which requests for expansion are likely to slip through the process? BOOK 54 Page 25570 05/19/03 2:30 P.M. BOOK 54 Page 25571 05/19/03 2:30 P.M. Mr. Litchet stated than an example is a non-conforming one story house which is 3 feet from a neighbor's property line; that expansion would be allowed along the rear setback which could negatively impact a neighbor at the rear property line due to the close proximity; that the belief is negative situations will not establish a precedent; that one individual has come forward and indicated he has been personally impacted by a variance which is a good example of a negative situation; that the individual's neighbor was planning to expand vertically by constructing a second story; that the building is six feet from the property line; that the individual felt the variance would negatively impact his property; that the Board of Adjustment denied the variance. Vice Mayor Martin stated that the additional information is appreciated; that the variances regarding horizontal expansion will apply to on-grade type structures. Mr. Taylor referred to a chart illustrating a structure with a nonconforming setback on the Chamber monitors and stated that the vertical expansion area indicated would no longer be allowed; however, the horizontal expansion area would be allowed. Vice Mayor Martin referred to Item 12, Section VII-602 (EE), Specific Standards for Certain Uses, addressing temporary auto sales at Sarasota County Fairgrounds; and asked for further detail regarding the criteria for landscaping. Mr. Litchet stated that Type A landscaping will be used consisting of three trees per 100 feet or a smaller tree provision including two trees with shrubs per 100 feet which is the normal requirement. Vice Mayor Martin asked for clarification of Item 16, Section VII- 1101 (C), Fences and Walls, revising the standard for spacing of pickets on fences in waterfront setbacks. Mr. Taylor stated that a maximum of one and three quarter inches between each picket is required by the Consumer Product Safety Commission and the State Statutes for fences which are less than 48 inches tall; that only 48 inch tall fences are allowed in the waterfront setback. Vice Mayor Martin referred to Item 17, Section VII-1401, Refuse and Recycling Storage Areas; and stated that a mixed-use project may include a restaurant and office facilities in close proximity to residential property which may pose a conflict. Mr. Taylor stated that the provision discusses non-residential and residential zone districts; that a different matter exists in the CCBD Zone District; that dumping bottles and cans is a noise issue; that the concern is not only noise but also the odor of commercial business in close proximity to residential zone districts; that a dumpster must still be 50 feet from a residential zone district. Vice Mayor Martin referred to Item 18, Section VII, Division 14, Miscellaneous Standards, lighting standards; and stated that the provision does not apply to residential uses; that people often complain about neighbors installing bright lights which causes sleep loss; and asked if the provision regulates residential lighting in any manner? Mr. Litchet stated that the provision regulates multi-family but not single-family residential zone districts; that general provisions for lighting standards for single-family structures are included elsewhere in the Zoning Code (2002 Ed.) which indicate undue glare cannot be created from any site to another site; that neighbor to neighbor lighting regulations have not been seen in other City zoning codes. Mayor Palmer requested that interested persons come forward; and the following interested persons came before the Commission: William Merrill, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street (34237), representing Tandevco and Piero Rivolta, stated that he is speaking on behalf of Mr. Rivolta and Tandevco who is the contract purchaser and the owner respectively of the property at the northwest corner of Ringling Boulevard and Osprey Avenue; that the property is presently going through the permitting process for development; that during the week of May 12, 2003, the agent for the project became aware of Item 14 providing for bank drive-through facilities to become a major conditional use in the CCBD Zone District. Attorney Merrill distributed and referred to his January 6, 2003, letter to the Mayor and Commission regarding the Challenge BOOK 54 Page 25572 05/19/03 2:30 P.M. BOOK 54 Page 25573 05/19/03 2:30 P.M. to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); and stated that the Zoning Text Amendment regarding Section VII-904 (K), Non- Residential Accessory Uses, Buildings and Structures, regarding drive-through facilities in the CCBD Zone District is not objectionable; that the concern is the language which is set out in the January 6, 2003, letter regarding the process and settlement of the Challenge to the City's Comprehensive Plan; that the issue was settled between the City and the Challengers by agreeing to the language which the City deemed appropriate; that the letter was submitted and the City ultimately generally agreed with the procedure of determining bank drive-through facility issues up front to avoid cost, expense and delay as a result of going through an unsuccessful major conditional use process; and quoted the letter as follows: that the City Commission also move that staff be directed to include in the new land development regulations procedures to permit drive-throughs on primary grid streets other than Main Street, subject to appropriate design standards, and that such procedure include a determination of whether to approve a drive-through at an early stage in the development process sO as not to impose delay of such determination or great cost to process such determination. The intent of this motion would be to provide up-front certainty in the development process to determine whether or not a drive-through would be permitted for a conceptual development project at an identified location. Attorney Merrill stated that the City has come to the point of developing a process for approvals of bank drive-through facilities; that the project proposed by his client is going through the development processi that as a result, the request is for one of two solutions; that one solution is to delay this portion of the Zoning Text Amendment until Staff incorporates language to provide for the up front conceptual review and determination process for drive-through facilities; that a second solution is to direct Staff to propose language for inclusion in the second reading of proposed Ordinance No. 03- 4473; that either solution will be satisfactory; that the desire is to continue to work with the City to uphold the original agreement as outlined in the January 6, 2003, letter. Bob Johnson, 27 South Orange (34236), representing Sarasota Fairgrounds, stated that the County Fairgrounds Board went before the PBLP and agrees with the recommendation for landscaping and signs; that the landscaping will be designed by the Cityi that permanently changing signs and becoming financially involved were not desired due to the future plans for redeveloping the County Fairgrounds. Mr. Johnson continued that the belief was the automobile sales held on the County Fairgrounds were only for new automobiles which is the reason for the PBLP recommendation allowing for monthly automobile sales subject to the condition to limit sales to new automobiles; however, a mix of new and used automobiles is currently included in the sales; that the manufacturer's prohibition against bringing people from outside jurisdictions to Sarasota to hold automobile sales will be invoked if new automobiles are specified in the Zoning Code (2002 Ed.); that the language should indicate the sales may involve new automobiles in the mix and will not be limited to new automobiles; that the assistance provided by Staff, the Administration, and the Attorney representing the Sunset Automotive Group is appreciated. Mr. Johnson further stated that proposed Ordinance No. 03-4472 pertaining to the automobile sales at the County Fairgrounds only applies to the one six acre parcel to the north of Ringling Boulevard; that the County Fairgrounds are not restricted to having other sales during the year behind and south of Ringling Boulevard; that an agreement has been made whereby Sunset Automotive Group or any other group holding a sale can place 10 to 12 automobiles at the front of the County Fairgrounds representing automobiles which are being sold in back of the County Fairgrounds; that no complaints have been heard. Mr. Johnson stated further that personal vehicles being advertised for sale on private property should be ticketed; that people park vehicles for sale in the County Fairgrounds parking lot every day; that the City should ticket the vehicles; that the County Fairgrounds Board is not pleased with the situation; that the vehicles are towed. Steven Sauers, 1647 Arlington Street (34239), stated that he sent a May 14, 2003, letter to the Commission regarding revised standards for expansion of non-conforming structures; that Staff is applauded for the response provided; that continuing the prohibition against the expansion of vertical construction is BOOK 54 Page 25574 05/19/03 2:30 P.M. BOOK 54 Page 25575 05/19/03 2:30 P.M. appropriate; that vertical expansion causes intrusiveness and invasion of privacy; that the issue regarding invasion of privacy comes to the forefront in neighborhoods which have structures in close proximity; that while intrusiveness is the important concern, the Commission may desire to continue to examine the issue of limiting horizontal expansion to situations in which the envelope of the structure would not be changed; that judging which portions of an existing structure, once expanded, might exacerbate a concern to a neighboring property may be difficult. Mr. Sauers continued that allowing an entire portion of a house which juts outward into a setback to expand along the perimeter of the building automatically moves the entire wall of the structure closer to a neighboring house; that all landscape buffering could potentially be removed during construction which will remove the visual buffer once enjoyed by the neighboring property; that horizontal expansion creates some conflicts with adjacent property; that the City should continue to research the issue; that the idea of unlimited horizontal expansion could result in some impacts which are not foreseen at this time; that the specifications for horizontal expansion require additional consideration to avoid negative impacts to neighbors in close proximity. Mayor Palmer requested that Staff come forward for rebuttal. Mr. Taylor stated that language which could be drafted for second reading for early determination of approval of a conditional use of drive-through facilities by second reading would likely not be satistactory; that similar concerns regarding early determination of drive-through facilities may likely be brought forth at the second public hearing for the proposed Ordinance which will be at the June 16, 2003, Regular Commission meeting; that Staff is in the process of developing standards for the early determination of approval of drive- through facilities for inclusion in the Downtown Code; that Staff could draft language indicating a drive-through facility would be supported if the building on a primary street fronts the street, the parking is not in front of the building, and the ingress and egress is on a secondary street or alley; however, some criteria is necessary to provide an early determination which is the purpose of the language being proposed in the Downtown Code; that the language is drafted; that the language would provide an early determination if used. Mr. Taylor continued that the site plan which is in the pre- application process in the particular case raised by Attorney Merrill would not meet the criteria if the language regarding drive-through facilities were in place; therefore, the conditional use would be denied; that the issue may require being referred back and therefore delaying the Zoning Text Amendment; that the issue cannot be brought back for second reading if new language is included since the criteria would not have been the subject of a public hearing. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the PBLP will be required to establish criteria if new language is included; that the process is involved; that several applications relating to drive-through facilities are pending at the DRC; that drive-through facilities will be a permitted use until the Commission approves additional criteria; that the issues before the Commission at this time are ministerial revisions to the Zoning Code (2002 Ed.) which will be in effect during the interim period prior to adopting the Downtown Code. City Attorney Taylor stated that the point made by Attorney Schenk is important; that the commitment has been made to place the provision concerning drive-through facilities in the Downtown Code; that the issue before the Commission at this time precedes the process of implementation of the Downtown Code; that the language regarding drive-through facilities has been drafted for the Downtown Code but is not included in the Zoning Code (2002 Ed.); that the application submitted by Attorney Merrill's client is proceeding under the existing Zoning Code (2002 Ed.) which predates the yet to be adopted Downtown Code. Vice Mayor Martin stated that the City previously designated drive-through facilities as major conditional uses. Mr. Taylor stated that drive-through facilities were a major conditional use prior to November 2002; that drive-through facilities were not included as a major conditional use in the Zoning Code (2002 Ed.) which is the reason for the Zoning Text Amendment to require major conditional use approval for drive- through facilities in the CCBD Zone District. BOOK 54 Page 25576 05/19/03 2:30 P.M. BOOK 54 Page 25577 05/19/03 2:30 P.M. Commissioner Bilyeu stated that the suggestion to include language for the second reading of the proposed Ordinance is probably not an appropriate direction. Attorney Schenk stated that is correct; that the Zoning Text Amendment in proposed Ordinance No. 03-4473 would have to be removed and sent back to the PBLP for further study; that the exact language would be required to come back before the Commission which will take several months. Mayor Palmer stated that the language cannot be changed at this time and cannot be drafted by the second reading at the June 16, 2003, Regular Commission meeting. City Attorney Taylor stated that an objection to the Zoning Text Amendment concerning bank drive-through facilities in Ordinance No. 03-4473 has been raised; that the Commission can remove the Zoning Text Amendment pertaining to drive-through facilities included in proposed Ordinance No. 03-4473 and approve the proposed Ordinance without the Zoning Text Amendment; that controversial issues can be removed from the proposed Ordinances and the proposed Ordinances can be approved; that another Zoning Text Amendment cycle will come before the Commission in the next six months; that the Downtown Code is being developed and will be coming before the Commission in the future; that the Commission can adopt the proposed Ordinance as presented regardless of objections which have been raised or can remove controversial portions and approve the proposed Ordinance; that either solution is preferable to going back through the PBLP process which will cause further delay. Mayor Palmer stated that one Zoning Text Amendment only requires a minor change in wording which could be addressed by amending the language. Vice Mayor Martin asked the number of applications which are presently in the pre-application process? Mr. Taylor stated that seven have gone through the pre- application process; that the filing status of the applications is not known; that the application referenced by Attorney Merrill is in the pre-application process; that one major concern is the application will not be filed prior to June 16, 2003; that the application would be reviewed under the existing regulation if the application is filed prior to June 16, 2003. Vice Mayor Martin stated that seven applications are in the pre- application process; that all involve a drive-through facility; that some have gone through the permitting stage. Mr. Taylor stated that applications are only in the pre- application stage and have not been filed; that drive-through facilities would be considered a permitted use in the seven applications rather than a major conditionally approved use if the Zoning Text Amendment in proposed Ordinance No. 03-4473 is delayed. Commissioner Bilyeu asked if the agreed upon language regarding the drive-through facilities in the settlement of the Challenge to the City's Comprehensive Plan has been reviewed? City Attorney Taylor stated that the City has had a problem catching up since the adoption of the Downtown Master Plan 2020; that language concerning the agreed upon process which was raised by Attorney Merrill is being developed; that the language is drafted; however, the Downtown Code is not yet implemented; that the issue before the Commission at this time is to leave the language regarding drive-through facilities out of the Zoning Code (2002 Ed.) by not approving the Zoning Text Amendment or to place the language in the Zoning Code (2002 Ed.) pending adoption of the Downtown Code. Mayor Palmer stated that the language regarding drive-through facilities was mistakenly left out of the Zoning Code (2002 Ed.). Attorney Schenk stated that Staff is developing the Downtown Code; that Staff drafts 20 Zoning Text Amendments every fall and 20 Zoning Text Amendments every spring; that the Zoning Text Amendments are not meant to implement the Downtown Code; that the statutory requirements indicate land development regulations must be found consistent with the City's Comprehensive Plan by the PBLP prior to being adopted by the Commission which requires three to four months; that the Commission has limited latitude to make substantive changes without referring issues back to the PBLP. Commissioner Bilyeu asked the harm in delaying approval of proposed Ordinance No. 03-4473? BOOK 54 Page 25578 05/19/03 2:30 P.M. BOOK 54 Page 25579 05/19/03 2:30 P.M. Mayor Palmer stated that a significant number of drive-through facilities would be approved. Mr. Litchet stated that drive-through facilities will remain a permitted use if the Commission takes no action at this time; that drive-through facilities will be a major conditional use until the Downtown Code is adopted if the Commission passes proposed Ordinance No. 03-4473 at this time; that the Commission will have more authority to review drive-through facilities until the Downtown Code is adopted if the proposed Ordinance is adopted. Mayor Palmer stated that the language regarding drive-through facilities was removed from the Zoning Code (2002 Ed.) in error; that the Zoning Text Amendment concerning drive-through facilities before the Commission at this time is clarifying an error; that the question before the Commission is if to leave the error of the omission from the Zoning Code (2002 Ed.) until the new Downtown Code is adopted. City Manager McNees stated that the Zoning Text Amendment is coming before the Commission due to the Commission's earlier direction for a higher level of regulatory approval than the Zoning Code (2002) presently requires; that future applicants would likely desire to avoid a higher level of regulatory review which is the decision before the Commission; that the Commission can direct Staff the prior direction to create a higher level of regulatory approval is no longer important; that Staff will then leave the Zoning Text Amendment regarding drive-through facilities out of the proposed amendments to the Zoning Code (2002 Ed.); that Staff is bringing back the issue based on the understanding of the Commission's prior direction; that the Commission should determine if the issue is still important. Commissioner Bilyeu stated that Attorney Merrill is not opposing the higher level of regulatory approval regarding drive-through facilities; and asked for clarification of the review process for major conditional uses. Mr. Taylor stated that the commitment made in the settlement regarding the Challenge to the City's Comprehensive Plan has not become effective; that the implementation of the settlement language will be brought forward with the Downtown Code. City Manager McNees stated that the settlement language pertains only to the development of the Downtown Code which is still being drafted. Mr. Taylor stated that the Downtown Code will be brought before the Commission and the PBLP in a Joint Workshop on June 4, 2003. Mr. Taylor stated that the issue raised by Mr. Johnson to eliminate the reference to new automobile sales and simply refer to automobile sales is not a problem. Mr. Taylor stated that the issue regarding encroachments which was raised by Mr. Sauers will be addressed; that Staff recommends limiting the expansion horizontally only for the first story which is at or close to grade; that the language can be drafted by second reading of the proposed Ordinance. Mayor Palmer asked the requirement for a side yard setback in a horizontal expansion situation? Mr. Taylor stated that the allowance would vary with each situation. Mr. Litchet stated that horizontal expansion is not allowed if the existing setback is less than three feet from the property line; that a minimum of three feet is required. Mayor Palmer asked if elimination of the landscape buffer would be allowed? Mr. Litchet stated that the landscape buffer could be removed unless prohibited by the Tree Protection Ordinance; that the City has many non-conforming structures; that the City must find a way to encourage people to maintain and remodel structures without incurring additional unnecessary costs; that a former Commissioner had a neighbor who constructed a second or third story which was close to a neighboring property line; that the concern was the structure could be used for looking down at the neighbor which is the reason for including the standards in the Zoning Code (1998 Ed.) and which is the main concern raised by Mr. Sauers; that the concern raised by Mr. Sauers has been addressed; that drafting better codes will avoid citizens undergoing unnecessary processes; that Staff recommends approval of the Zoning Text Amendment. BOOK 54 Page 25580 05/19/03 2:30 P.M. BOOK 54 Page 25581 05/19/03 2:30 P.M. Mayor Palmer asked if the Tree Protection Ordinance will take precedence over any permit to encroach into a side yard setback. Mr. Litchet stated yes; that the Tree Protection Ordinance will be reviewed for any type of expansion request; that a revised Tree Protection Ordinance will be coming before the Commission in the near future. Mayor Palmer requested that the additional language drafted regarding the expansion of structures with non-conforming setbacks to allow additions which do not encroach further be placed into the record. Attorney Shenk stated that the following language is suggested as an addition to Item 6, Section V-105(C) of proposed Ordinance No. 03-4471: This section shall apply to one story structures which have a finished floor elevation which is no more than 24 inches above the average elevation of the crown of a dedicated public street abutting a front yard. City Attorney Taylor stated that the City does not close the door to people with pending applications; that pending applications are grandfathered; that the request submitted by Attorney Merrill's client is not a pending application; that the project is in the pre-application stage; that the City is not required to delay changing ordinances if an individual has a project in the pre-application stage. Commissioner Bilyeu asked the reason for a Zoning Text Amendment regarding drive-through facilities if the language will change with the implementation of the Downtown Code? Mr. Taylor stated that language regarding drive-through facilities was mistakenly omitted from the Zoning Code (2002 Ed.); that the Zoning Text Amendment corrects the omission; that the Commission authorized Staff to proceed with the Zoning Text Amendment in January 2003; that Staff is proceeding according to the direction provided by the Commission; that Staff is proceeding with several other parallel Zoning Text Amendments, one of which involves the Downtown Code; that the Downtown Code will not be adopted for perhaps one or two years; that drive- through facilities could be constructed without additional regulatory review over the next one or two years if the proposed Ordinance is not adopted. Mayor Palmer requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4471 by title only. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4471 on first reading with the addition of the language concerning Section V-105(C) as follows: This section shall apply to one story structures which have a finished floor elevation which is no more than 24 inches above the average elevation of the crown of a dedicated public street abutting a front yard. 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): Martin, yes; Palmer, yes; Atkins, yes; Bilyeu, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4472 by title only. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4472 on first reading with the change in language to allow new and used automobile sales. Vice Mayor Martin stated that allowing new and used automobile sales at the County Fairgrounds is pleasing. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Atkins, yesi Bilyeu, yes; Martin, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4473 by title only. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4473 on first reading. BOOK 54 Page 25582 05/19/03 2:30 P.M. BOOK 54 Page 25583 05/19/03 2:30 P.M. Vice Mayor Martin stated that the inadvertent deletion of language regarding drive-through facilities in the Zoning Code (2002 Ed.) has allowed development of several projects which are not desired; that additional control is desired; that having oversight through a major conditional use process is supported. Commissioner Atkins stated that an alternative may have been considered if the seven applications in the pre-application stage were further along in the process. 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): Palmer, yes; Atkins, yesi Bilyeu, yes; Martin, yes. Mayor Palmer 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 the recommendation is to allow five minutes for the Applicant's and the City's presentation and three minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that no one has filed for certification as an Affected Person; that other interested persons will have three minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that the Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. 18. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4455, TO REZONE TWO PARÇELS CONSISTING OF 1.36 ACRES OWNED BY THE CITY OF SARASOTA AND LOCATED AT 1433 AND 1451 FIFTH STREET FROM THE RESIDENTIAL MULTIPLE FAMILY-3 (RMF-3) ZONE DISTRICT TO THE GOVERNMENTAL USE (G) ZONE DISTRICT ; SAID PROPERTY BEING GENERALLY LOCATED NORTH OF FIFTH STREET, WEST OF NORTH LEMON AVENUE, EAST OF CENTRAL AVENUE AND SOUTH OF BOULEVARD OF THE ARTS; SETTING FORTH FINDINGS ; SETTING FORTH CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NO. 03-RE-04, APPLICANT ALEXANDREA DAVIS-SHAW, ASSISTANT CITY ENGINEER, REPRESENTING THE CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM X-B-1) CD 7:37 through 7:59 Mayor Palmer referred to the Agenda Request form included in the Agenda backup material indicating City-initiated Rezoning Application No. 03-RE-04 as incorporated in proposed Ordinance No. 03-4455 is to rezone 0.36 acres located at 1433 and 1451 Fifth Street from the Residential Multiple Family 3 (RMF-3) to the Governmental Use (G) Zone District. Mayor Palmer requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins and Bilyeu stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that Staff come forward for the City's presentation. Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that during 2002, the Neighborhood Development Department worked with the Rosemary District Association to develop a Neighborhood Action Strategy (NAS); that the NAS identified a need for parking in the area; that a proposed location was also identified; that City-initiated Rezoning Application No. 03-RE-04 as incorporated in proposed Ordinance No. 03-4455 is a request to rezone 0.36 acres located at 1433 and 1451 Fifth Street from the RMF-3 to the G Zone District to enable the construction of a public parking lot, as depicted in the Rosemary District NAS and the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that Staff recommends passing proposed Ordinance No. 03-4455 on first reading with a condition of a proffer of the administrative site plan for the proposed surface parking lot. Allen Parsons, Senior Planner II, Planning and Development Department, came before the Commission, referred to computer- generated slides of the proposed Fifth Street Neighborhood Municipal Parking Lot (parking lot) project displayed on the Chamber monitors throughout the presentation, and stated that the site is located on the north side of Fifth Street; that the property consists of two lots in between Central Avenue to the west and Lemon Avenue to the east; that the County Fire Station is BOOK 54 Page 25584 05/19/03 2:30 P.M. BOOK 54 Page 25585 05/19/03 2:30 P.M. to the south of the site; that the Community Garden is directly north of the site. Mr. Parsons referred to the Future Land Use Map displayed on the Chamber monitors indicating the property is designated in the Community Commercial Future Land Use Classification; and stated that the proposed G Zone District is an implementing Zone District for the Community Commercial Future Land Use Classification; that photographs of the area indicate the site is presently undeveloped; that the site is owned by the City; that a photograph indicates a view to the west along Fifth Street; that the Ace Theatre project is shown immediately in the foreground; that the property was recently rezoned to the Commercial Central Business District (CCBD) Zone District; that a photographic view is provided with a view down Fifth Street to the east; that an accompanying site plan is not proferred with the rezoning; that the proposed site plan for the 41 parking spaces will be approved administratively: that the conceptual site plan of the Fifth Street Neighborhood Municipal Parking Lot displayed on the Chamber monitors is provided in the Agenda backup material; that the conceptual site plan indicates an ingress on Fifth Street, access via the alley only to the west extending up to Central Avenue, and an egress onto Fifth Street. Mr. Parsons continued that transportation impacts have been deemed de minimus; that on balance, the application is in the public benefit; that at its April 9, 2003, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously by a vote of 5 to 0 to recommend Commission approval of Rezoning Application No. 03-RE-04 as incorporated in proposed Ordinance No. 03-4455 and to find the application consistent with City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the standards for review set forth in the Zoning Code (2002 Ed.), and the Tree Protection Ordinance, subject to the following condition: The administrative site plan for the proposed surface parking lot shall depict the removal of the fence currently located in the alley abutting the northern boundary of the proposed surface parking lot to enable access via the alley to the proposed surface parking lot. Mr. Parsons further stated that Staff recommends passing proposed Ordinance No. 03-4455 on first reading with a condition of the proffer of the administrative site plan for the proposed surface parking lot. Vice Mayor Martin asked if a right hand turn to the east will be possible from the alley? Mr. Parsons stated that a warehouse on Lemon Avenue will prevent the alley from extending out to Lemon Avenue; that alley access will be provided only from Central Avenue. Commissioner Bilyeu asked if the alley will be developed as part of the parking lot project? Mr. Parsons stated yes; that the alley portion of the project on the northern boundary of the parking lot is presently occupied by the Community Garden; that the proposal is to move the boundary of the Community Garden northward to allow for development of the alley. Vice Mayor Martin asked if some of the Community Garden will be displaced? Mr. Parsons stated yesi that the Community Garden will be displaced for alley access on the north side of parking lot. Vice Mayor Martin asked if the Community Garden will still exist? Mr. Parsons stated that to the best of his knowledge, the Community Garden will still exist but will be reduced in size. Ms. Davis-Shaw stated that the alley will push the Community Garden's southern boundary northward; that the length of time the Community Garden will remain in the location is not known; that some discussion has taken place regarding use of the Community Garden property; however, for purposes of the parking lot project, the boundary will be pushed northward approximately 35 feet; that a sidewalk will also run along the north side of the alley sO pedestrians will be able to access Boulevard of the Arts. Mayor Palmer stated that the development of the parking lot was part of the NAS; that the project was conceived through Staff's working with the neighborhood. Commissioner Atkins stated that the Community Garden is deteriorating; that the property on the northern portion of the Community Garden should be addressed; that the area looks bad. BOOK 54 Page 25586 05/19/03 2:30 P.M. BOOK 54 Page 25587 05/19/03 2:30 P.M. Ms. Davis-Shaw stated that the County Extension Office monitors and coordinates the activities of the Community Garden; that the manner in which the Community Garden is monitored is not known; that the issue will be brought forward to the appropriate party once identified. Commissioner Bilyeu asked the timeframe for beginning construction of the parking lot? Ms. Davis-Shaw stated that the projected date is in approximately three months which would be August 2003. Commissioner Bilyeu stated that the next gardening season begins at approximately the same time; that people should be notified if a portion of the Community Garden will be removed. Commissioner Atkins stated that people should be informed of the planned construction prior to the commencement of cultivating and planting. Ms. Davis-Shaw stated that meetings have been held with the individuals involved with the Community Garden; that the individuals are aware of the timeframe of the project. Mayor Palmer stated that the neighborhood indicated overnight parking in the parking lot is a concern; that the parking lot will be in a neighborhood; that the hope is for additional residential housing in the area; that permits could be provided for residents to park overnight in the parking lot; that the neighborhood desires to have parking controlled; however, a major demand for parking in the area is evident; that a permit system would allow people living in the neighborhood to park in the parking lot overnight; that Staff is requested to consider the issue as the project moves forward. Mr. Parsons stated that overnight parking is a concerni that the sentiment of the PBLP was not to allow overnight parking; that the point raised indicates a control is required for overnight parking. Vice Mayor Martin requested clarification of the sidewalk connection to Boulevard of the Arts. Ms. Davis-Shaw stated that the Community Garden extends from Boulevard of the Arts to south of the alley; that the concern of existing merchants in the area is the parking lot will be on Fifth Street; that people would be required to walk all the way down the alley to get to Central Avenue or Boulevard of the Arts to shop; that the thought was to make the area more pedestrian friendly by including a separate sidewalk; that the alley will be constructed; that a sidewalk will be north of the alley which will extend to the western edge of the Community Garden to Boulevard of the Arts. Vice Mayor Martin asked if the sidewalk is planned as part of the proposed project? Ms. Davis-Shaw stated yes. Mayor Palmer stated that no interested persons have signed up to speak; that the City, as the Applicant, has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4455 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-0455 on first reading. Commissioner Bilyeu stated that the project is pleasing; that the parking lot will help the Rosemary District blossom. 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) : Bilyeu, yes; Martin, yesi Palmer, yes; Atkins, yes. The Commission recessed at 7:49 p.m. and reconvened at 8:00 p.m. 19. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4470, TO REZONE A .95 ACRE SITE FROM THE NORTH TRAIL (NT) ZONE DISTRICT TO THE COMMERCIAL RESIDENTIAL DISTRICT (CRD) ZONE DISTRICT TO ALLOW A MIXED-USE PROJECT CONSISTING OF 23 RESIDENTIAL DWELLING UNITS AND 7,267 SQ. FT. OF RETAIL SPACE WITH STRUCTURED PARKING ON REAL PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH TAMIAMI TRAIL (U.S. 41) AND 12" STREET, / A/K/A 1188 NORTH TAMIAMI TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN APPLICATION NO. 03-SP-08, WHICH HAS BEEN PROFFERED AS A BOOK 54 Page 25588 05/19/03 2:30 P.M. BOOK 54 Page 25589 05/19/03 2:30 P.M. CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THE REZONING; ETC . (TITLE ONLY) (APPLICATION NOS. 03-RE-03 AND 03-SP-08, APPLICANT STEPHEN D. REES, ESQ. AND DONALD M. LAWSON, AIA, REPRESENTING LMRJ, INC., AS OWNER AND 4-STAR COMMUNITIES, INC. AS CONTRACT VENDEE) PASSED ON FIRST READING WITH THE ADDITION OF LANGUAGE TO SECTION 5 (I) PER THE MAY 19, 2003, MEMORANDUM FROM THE SARAH SCHENK, ATTORNEY, CITY ATTORNEY'S OFFICE (AGENDA ITEM X-B-2) CD 8:00 through 8:21 Mayor Palmer stated that Site Plan Application No. 03-SP-08 and Rezone Application No. 03-RE-03 as incorporated in proposed Ordinance No. 03-4470 is to rezone a .95 acre site from the North Trail (NT) to the Commercial Residential District (CRD) Zone District to allow a mixed-use project consisting of 23 residential dwelling units; that the Applicant is Stephen Rees, Esquire, and Donald Lawson, AIA, representing LMRJ, Inc. as owner, and 4-Star Communities, Inc. as Contract Vendee. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Stephen Rees, Esquire, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., and Donald Lawson, AIA, LMRJ, Inc., came before the Commission. Attorney Rees referred to the April 9, 2003, meeting minutes of the Planning Board/Local Planning Agency (PBLP) included in the Agenda backup material; and stated that at its April 9, 2003, meeting, the PBLP held a public hearing and voted unanimously by a vote of 5 to 0 to recommend Commission approval of Rezone Application No. 03-RE-03 and Site Plan Application No. 03-SP-08 as incorporated in proposed Ordinance No. 03-4470 and to find the Application consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the standards for review set forth in the Zoning Code (2002 Ed.), and the Tree Protection Ordinance. Attorney Rees continued that he and Mr. Lawson are pleased to bring the first request to rezone property, which in this instance is located at 1188 North Tamiami Trail, to the CRD Zone District under the Zoning Code (2002 Ed.); that the proposed location of the project is periect to initiate the CRD Zone District and to use the residential height bonus which is the primary feature; that the project requires no variances; that the project is in full compliance with the standards of the CRD Zone District; that the proposed project consists of a building with 23 condominium units, in-structure parking, and approximately 7,700 square feet of retail space along North Tamiami Trail and 12th Street. Attorney Rees continued that the PBLP approved shared usage of the off-street loading space depicted in Site Plan Application No. 03- SP-08 between the residential and retail uses in conformity with the requirements in Section VII-213(G), Zoning Code (2002 Ed.), and approved the shared usage, subject to the following conditions: 1. Compliance with all of the conditions detailed in the narrative submitted by the Applicant dated March 3, 2003. 2. Approval by the Commission of Rezone Application No. 03- RE-03 and Site Plan 03-SP-08. 3. Incorporation of a covenant in the condominium documents for the project requiring owners to coordinate the shared use of the loading spaces. Attorney Rees referred to a May 19, 2003, memorandum from Sarah Schenk, Attorney, City Attorney's Office, to him regarding a modification of the condition in Section 5(i) of proposed Ordinance No. 03-4470 which requires construction of certain road improvements by the Applicants at the Applicants' sole expense; that the Applicants do not wish to be precluded from utilizing funds which may be received from other sources; and quoted Section 5(i) of the proposed Ordinance as follows: The following road improvements shall be constructed by Applicants at Applicants' sole expense Attorney Rees stated that in discussions with Attorney Schenk, a point was made regarding the possibility of other funding sources which may become available to the Applicants and which should be recognized as available for the improvements; that the memorandum suggests the following additional language which is acceptable by the Applicants and addresses personal concerns as follows: The requirement for Applicants to construct the road improvements above at Applicants' sole expense shall not be BOOK 54 Page 25590 05/19/03 2:30 P.M. BOOK 54 Page 25591 05/19/03 2:30 P.M. interpreted to preclude Applicants from utilizing funds from whatever sources received Attorney Rees referred to an architectural rendering of the proposed building displayed on the Chamber monitors; and stated that the PBLP was pleased with the design; that the building will be at the gateway entrance from the north into the City; that bringing the project before the Commission is exciting. Mr. Lawson stated that a cooperative effort with Staff assisted in developing the design of the site. Mayor Palmer requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning Department, came before the Commission; referred to computer-generated slides throughout the presentation; and stated that the proposed site is located at the corner of 12th Street and US 41; that Pioneer Park is immediately to the east; that the Whitaker Cemetery is adjacent to the east; that Centennial Park is across the street and to the south; that the site has three street frontages; that the site is on the frontage of North Tamiami Trail, 12th Street and the unimproved Whitaker Lane; that Whitaker Lane exists as a right-of-way but is not developed and is not planned for development; that Whitaker Lane is considered a street frontage; that the site is in the Community Commercial Future Land Use Classification; that the proposed CRD Zone District is the first application of the new Community Commercial Future Land Use Classification; that the existing NT Zone District is no longer an implementing zone district; and displayed on the Chamber monitors a Zoning/Subdivision Map indicating the current zone districts and a photograph providing a view to the west from 12th Street at the Whitaker Cemetery. Mr. Parsons continued that office uses are immediately to the north; that multiple family uses are across the street on US 41; and displayed on the Chamber monitors a photograph of the Economy Inn Motel on US 41 and 12th Street presently on the site which will be demolished as part of the proposed project. Mr. Parsons referred to a site plan of the proposed project displayed on the Chamber monitors and continued that Staff worked with the Applicant; that the proposed CRD Zone District is geographically limited in scope; that a significant amount of property in the Community Commercial Future Land Use Classification exists throughout the Cityi that the CRD Zone District allows for height bonuses above 35 feet; that the CRD Zone District allows heights of 65 feet; that the proposed building has a height of 62 feet; that the intent of the CRD Zone District is not to have a canyon of taller buildings extending north and south on US 41; that the primary feature of the CRD Zone District is to minimize the impact to adjoining residential uses; that no adjoining residential uses exists in the case of the proposed project; that the height bonus allowed in the CRD Zone District will not have a negative impact. Mr. Parsons further stated that the CRD Zone District is intended to promote a mixed-use pedestrian type of environment; that the Applicant is proposing 23 residential units and retail uses along US 41; that a retail,liner building is included which is shallow in depth and masks parking; that the first site plan did not include retail use along the US 41 frontage; that Staff requested the Applicant include retail use along the US 41 frontage to mask the parking; that the Applicant was able to comply with the request; that using liner buildings to mask parking is a useful example for other developments Downtown; that the site can be accessed from North Tamiami Trail; that a surface parking lot is included; that limited gated entry for a parking structure for the residential portion of the site exists along 12th Street; that the US 41 view of the elevation of the proposed site indicates retail use along the entire first level and two story retail toward the southern end; that a view of the eastern building elevation is provided from the Whitaker Cemetery and Centennial Park; that a view of the proposed site from 12th Street indicates the retail portion of the site wrapping around onto 12th Street. Mr. Parsons stated further that no variances for the project were sought or required; that the CRD Zone District requires a project make use of the height bonus and not require variances; that site plan review criteria in the Staff Report have been satisfied; that the Applicants have proffered conditions included in Section 5 of proposed Ordinance 03-4470 which have been accepted by the Commission; that issues of importance regarding some of the conditions are: (a) - The site plan and all related development and construction plans for the proposed project shall be BOOK 54 Page 25592 05/19/03 2:30 P.M. BOOK 54 Page 25593 05/19/03 2:30 P.M. in compliance with the plans labeled "San Marco, a Mixed-Use Condominium inclusive of the arbors depicted on Architecture Site Plan Sheet A-7 [site plan displayed on the Chamber monitors], on the west elevation (c) the Applicants shall submit to the City a Construction Staging Plan (f) - Applicants shall construct a minimum 8-foot wide sidewalk from North Tamiami Trail heading east through Whitaker Lane right-of-way connecting the sidewalk to the existing sidewalk in the park. (h) The Applicants shall submit a Transportation Demand Management Plan for approval by the City Engineer prior to the issuance of the first Certificate of Occupancy for the Project (i) The following road improvements shall be constructed by Applicants at Applicants' sole expense, as generally depicted in Site Plan 03-SP-08: (1) Install a continuous landscaped median on North Tamiami Trail from Whitaker lane to 12th Street, in accordance with the Florida Department of Transportation (FDOT) standards. (2) Redesign the deceleration and length of the left turn lane on North Tamiami Trail Mr. Parsons continued that on balance, the application is in the public benefit; that the PBLP held a public hearing at its April 9, 2003, Regular meeting and voted unanimously by a 5 to 0 vote to recommend Commission approval of Plan Amendment Application No. 03-SP-08; that Staff recommends adopting proposed Ordinance No. 03-4470 on first reading. Mayor Palmer requested that other interested persons come forward; and the following interested persons came before the Commission: Evelynn Holland, 3916 Glen Oaks Manor Drive (34232), representing Daughters of the American Revolution, stated that she is the Treasurer and a Trustee of the Daughters of the American Revolution House; that the Daughters of the American Revolution House has not been mentioned during the discussion of the proposed project; that the Daughters of the American Revolution House has existed since 1959 and has cared for the Whitaker Cemetery since 1925; that having a 60 foot building constructed next to the Daughters of the American Revolution House is a shock; however, the new neighbor is delightful; that the Developers explained the plans for construction at a neighborhood meeting and requested input; that the Developers are very nice people; that the Daughters of the American Revolution are looking forward to the project and to having neighbors; that the concern is 12th Street Park on the side of the Daughters of the American Revolution House does not have necessary sidewalks extending to Centennial Park; that the Commission is requested to contemplate a possible way to rectify the situation. Katherine Kelly, 1205 Cocoanut Avenue (34236), stated that her residence is one block east of the proposed project on 12th Street; that she has resided in her home for four and one half years which is long enough to witness significant change in the Central Cocoanut Neighborhood; that the boundaries of the Central Cocoanut Neighborhood are Tenth Street to the south, Dr. Martin Luther King, Jr., Way (Dr. MLK Way) to the north, and US 41 to the west; that the railroad tracks are to the east; that the area is extremely vulnerable and fragile; that the area consists mostly of quaint homes built from 1920 to 1950; that the area has a diversified mix of people, a variety of incomes, a diverse eclectic character and three neighborhood and community parks; that the area is destined for an incredible ride into the future. Ms. Kelly continued that within the recent past, present, and future, projects will be in progress and will be completed; that planned new development will literally surround the Central Cocoanut area; that as a 47 year Sarasota resident, she has witnessed and experienced governmental and developmental decisions which would shock many people; that progress can take a positive direction and not affect just a few; that being sensitive and empathetic to the surrounding environment and neighborhood will enhance the area; that everyone will benefit. Ms. Kelly further stated that the crime, extreme cut-through traffic, and speeding problems presently existing in the area are BOOK 54 Page 25594 05/19/03 2:30 P.M. BOOK 54 Page 25595 05/19/03 2:30 P.M. being diligently addressed; that the hope is the project once completed will benefit everyone in the neighborhood; that the consensus of the neighbors in the Central Cocoanut Neighborhood is the proposed project is a positive addition to the area; that the proposed building is tasteful in scale; that the site plan indicates a very dimensional appearance which is pleasing. Ms. Kelley stated further that a request is for being creative at the time the beige paint is selected for the outside of the building to avoid a dormitory row appearance in the area; that progress is necessary for the future; however, history is just as important. There was no one else signed up to speak and Mayor Palmer closed the public hearing. Mayor Palmer requested that the Applicant, come forward for rebuttal. Attorney Rees stated that the Applicant has no rebuttal. Mayor Palmer requested that the City come forward for rebuttal. Mr. Parsons stated that a sidewalk which is five feet in width will be included in front of the development; that the sidewalk will only extend to the property line of the proposed project; that a sidewalk will not be constructed in front of the Daughters of the American Revolution House and Whitaker Cemetery as part of the proposed project. Mayor Palmer requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4470 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4470 on first reading with the addition of the language to Section 5(i) per the May 19, 2003, memorandum from Sarah Schenk, Attorney, City Attorney's Office, as follows: The requirement for Applicants to construct the road improvements above at Applicants' sole expense shall not be interpreted to preclude Applicants from utilizing funds from whatever sources received Commissioner Bilyeu stated that the positive feedback provided by people neighboring the proposed project is pleasing; that the design is beautiful; that similar buildings are desired on North Tamiami Trail; that construction of the proposed building may spark additional development. Mayor Palmer stated that losing hotels and motels in the City is a concern; that the motel being demolished on the site is not the concerni that the concern is not having more developers bring applications forward for tourist facilities; that tourist facilities are being lost all over the City which is a large issue. Commissioner Atkins stated that arrangements could be made to motivate individuals to develop hotels and motels along North Tamiami Trail; that the City's ordinances can be amended in such a manner as to invite development of hotels and motels; that the City's ordinances basically restrict development. Mayor Palmer stated that double occupancy is allowed; that the type of unit is not indicated in the City's ordinances; that the present world economy is dictating proposed development; that the City should address a method to motivate developers to construct hotels and motels. Mayor Palmer called for a vote on the motion to pass proposed Ordinance No. 03-4470 on first reading with the addition of inclusion of the language to Section 5(i) per the May 19, 2003, memorandum from the Sarah Schenk, Attorney, City Attorney's Office and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Atkins, yes; Bilyeu, yes. 20. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 8:21 through 8:29 The following people came before the Commission: Patty Snyder-Atkins and Robert Atkins, 803 Goodrich Avenue (34236), came before the Commission. BOOK 54 Page 25596 05/19/03 2:30 P.M. BOOK 54 Page 25597 05/19/03 2:30 P.M. Ms. Snyder-Atkins stated that while preparing her presentation to the Commission, a song came on the radio; and quoted the following from the lyrics in the song: There is more to this life than living and dying, more than just trying to make it through each day. Ms. Snyder-Atkins continued that the question is where to begin; that a Non Quasi-Judicial Public Hearing regarding proposed Ordinance No. 03-4469, Amending Chapter 22, Sarasota City Code, to create Article II, Gillespie Park Special Event Permits, which would require a special event permit for a group of 50 or more persons to use Gillespie Park was addressed at the May 5, 2003, Regular Commission meeting; that some changes in Gillespie Park were requested to enhance the neighborhood; that people come before the Commission to attempt to make changes; that she has come before the Commission for many years; that some Commissioners have been on the Commission for many years and some are new; that Commissioners have indicated change and making enhancements to the City are the reasons for campaigning for a seat on the Commission; that the Commissioners who support changes and enhancements to neighborhoods are appreciated. Ms. Snyder-Atkins further stated that the City Auditor and Clerk reads the Pledge of Public Conduct as adopted by the Commission at every Commission meeting to ensure people speak with a level head and do not chastise any one particular person; that she was late coming into the meeting but heard a few comments made by people who spoke before the Commission at the May 5, 2003 Regular meeting; that the people were chastising and accusing individuals having concerns with the activities and services provided by Gifts from God which take place in Gillespie Park each Sunday; that a Commissioner took a very aggressive position at the end of the discussion which is a concern; that the Gillespie Park neighbors have been tolerant concerning the weekly feeding of the homeless in Gillespie Park; that alternative methods of providing the service have been researched; that many neighbors have participated in the Sunday feedings; that some people receiving the services of Gifts from God have been pleasant; that some have not; that unpleasant attitudes have grown over the last year which makes the Gillespie Park neighbors less tolerant of having any kind of an organizational gathering every Sunday in Gillespie Park; that the Gillespie Park neighbors were not resistant to the services being provided by Gifts from God in the beginning since the services were pleasant; that the entire Gillespie Park neighborhood was invited and welcomed; that neighbors joined in the social events; that over the last year, the feeding event has changed; that the Commission should take time to personally observe activities which relate to the community's environment to form an accurate opinion. Ms. Snyder-Atkins stated further that Mother's Day morning was spent at Gillespie Park; that the people coming to the park are not poor or dirty; that the people are clean and are from the south not the north end of Gillespie Park; that upon leaving, the people return to the south end of the Gillespie Park; that people do not come with personal bundles as in the past; that the people receiving the services provided by Gifts from God live and function in the community; that the people come for either the ministry which most of the people enjoy or to socialize; that some people come to Gillespie Park well in advance of the service and lounge on the park benches, socialize, and enjoy the park; that the activity is no longer feeding the poor and homeless; that the people attending the services provided by Gifts from God have places to live; that 90 percent of the people receiving the services provided by Gifts from God are Caucasian males; that the activity is considered a social event which is great but should be placed in the proper perspective; that people are indicating the neighbors who are against the services being provided by Gifts from God are against a religious group which is wrong; that the problem is with people choosing not to behave when coming to a public park which causes some of the community to be afraid to go to the park or not to allow children to play in the park for fear of being placed in a bad environment; that people have approached her for free food. Mr. Atkins stated that he is a resident of the Gillespie Park Neighborhood and quoted 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. Mr. Atkins stated that he has come before the Commission since he has a problem within his soul; that letting injustice prevail is against his nature; that he is troubled by the Commission's conduct and the perception of bias in the influence of special BOOK 54 Page 25598 05/19/03 2:30 P.M. BOOK 54 Page 25599 05/19/03 2:30 P.M. interest groups; that based on comments from the Commission, he is present to assure no schisms exist in the Gillespie Park Neighborhood; that all people are welcome to live, work or recreate in the Gillespie Park Neighborhood; that he objects to the attack on his neighborhood; that a potential always exists for emotional debate; that allowing gestures and physical movements by one side or the other to detract from any appearance of fact finding which should predicate the Commission's decisions is considered a problem; that a question is if any action against God, the poor, the hungry or dirty will obtain a fair and impartial hearing. Mr. Atkins continued that schism should be replaced by patriotism, activism, and impartiality; that allowing outbursts from the Chambers or the Commission without recourse or censure should not be tolerated; that tangents are better left to mathematicians rather than deliberators; that concentration should replace diversion; that emotion should be replaced by reason; that words should be seasoned with salt rather than vinegar; that passion should not replace logic; that 20 years of history should reflect lessons which have been learned rather than attitudes repeated; that the issue does not concern him or the Commission; that the issue concerns the process of healing the open sores or presumed racism; that the Commission is requested not to place a Band-Aid on a Band-Aid; that the Commission is requested to cut out the infection and sanitize the wound. 21. UNFINISHED BUSINESS : PRESENTATION RE : UPDATE ON BUILDING L ZONING AND CODE ENFORCEMENT DEPARTMENT' S THREE - YEAR BUSINESS AND TECHNOLOGY PLAN - PRESENTATION PROVIDED (AGENDA ITEM XII) CD 8:29 through 8:46 City Manager McNees stated that the Commission approved a Three Year Business and Technology Plan for the Building, Zoning and Code Enforcement Department on February 19, 2002, prior to review of the fiscal year (FY) 2002/03 budget; that the Three Year Business and Technology Plan was developed by Staff to automate and improve the operational function of the Building, Zoning and Code Enforcement Department; that a new position for a Business Analyst to assume responsibility for the process was included in the FY 2002/03 budget; that the work which has been performed by the new Business Analyst hired for the position is appreciated; that the function of the Building, Zoning and Code Enforcement Department is being automated and modernized; that a significant amount of work has been accomplished; however, much work remains. Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Kevin Wells, Business Analyst, Building, Zoning and Code Enforcement Department, came before the Commission. Mr. Litchet stated that the City Manager challenged Staff to review the Building, Zoning and Code Enforcement Department and revolutionize the processes; that small improvements have taken place such as transitioning to shirts which will project a more professional image and which are being worn at this time; that the transition to the shirts is welcomed by Staff; that employees have a desire to look good and to project a professional image; that a Business Analyst was hired to assist with increasing the Department's productivity which has been successful; that Kevin Wells was chosen for the position and will present his accomplishments over the past year and the Department's future direction. Mr. Wells stated that a status report regarding the Building, Zoning and Code Enforcement Budget Planning Five Year Technology Plan (Plan) will be provided; that the business reengineering process as well as the manner in which technology is and will be used to improve internal workflow will be reviewed; that digital imagery is already saving the City moneyi that mobile systems are improving service and increasing efficiency; that the Department is better utilizing the City's existing investment in technology to reduce costs; that business reengineering is a complicated process; that the perfect analogy for business reengineering is remodeling a home; that a first step in remodeling a home is determining the desired look of the home; that of importance as well is determining the current situation of the homé; that the method used to begin reengineering the Department was to define the existing workflow; that Microsoft Visio software was utilized to map diagrams of the Department's workflow; that examples of the workflow created in Microsoft Visio are included in the Agenda backup material; that inefficiencies can be quickly identified using process maps; that processes which waste time and money or are inconvenient to the City's customers can also be identified; that a new process which is a solution for the specific problems identified is then mapped. BOOK 54 Page 25600 05/19/03 2:30 P.M. BOOK 54 Page 25601 05/19/03 2:30 P.M. Mr. Wells referred to a Microsoft Visio flow chart map displayed on the Chamber monitors and continued that the map depicts the inspection process; that inspections are required during a building process after the permit has been issued; that each inspection box indicated on the map represents one part of the process; that designing solutions to fix a problem is difficult unless the process is defined; that increasing service was determined as the first priority after creating the mapi that key inefficiencies were identified; that the process which takes contractors the most time was identified; that a solution was designed using cellular telephone technology as a mobile computing device to shortcut the process for the contractors without reducing the recording and archiving ability presently being used. Mr. Wells further stated that after the service is improved, the map can be used to focus on decreasing costs by removing irrelevant parts of the process which will be done in FY 2003/04 as the Department moves completely toward mobile computing technology; that the mobile computing process was the first significant issue addressed; that digital imagery is the first step in the mobile computing process; that digital imagery removed the necessity for outside film development; that the process is now easier to link information and images to code enforcement cases; that the move to digital imagery will save over $9,000 per year in hard costs; that the cost of archiving and record maintenance will also be reduced; that deployment of laptop computers to code entorcement inspectors in the field has provided better access to information and a way to capture important information from the field. Mr. Wells stated further that the plan for FY 2003/04 is to move to wireless connectivity for code enforcement inspectors; that wireless connectivity will provide instant access to the Department's full sweep of databases and will increase efficiency and effectiveness; that mobile computing for building inspectors works differently than for code enforcement inspectors; that building inspectors do not operate from digital images but do need to communicate instantly with the Building, Zoning and Code Enforcement Department; that a cellular telephone technology was chosen which will fit the needs of the building inspectors as well as create a platiorm which will allow the building inspectors to communicate instantly with each other and the Building, Zoning and Code Enforcement Department; that cellular telephone technology will operate as a platiorm for the next step which is to short-cut the process for contractors by approving or rejecting an inspection from the field; that the process can be engineered accurately by having the information in advance. Mr. Wells stated that a key part of the business reengineering process is leveraging existing investments; that the first existing investment being leveraged is the information technology servers; that the City has invested heavily in information technology over the last ten years; that those investments have been critical to the success of the City as a whole and specifically to the Building, Zoning and Code Enforcement Department; however, all the investments made have additional capacities which are not being utilized; that the plan is to target every business reengineering process to include previously made leveraged investments; that the Building, Zoning and Code Enforcement Department is not reinvesting in new technology; that the goal is to use and leverage effectively the present technology; that examples are the information technology server network which is being used for the digital imaging process, automation processes, and workflow changes to increase efficiencies. Mr. Wells continued that the Department's lease for the photocopier machine expired in 2002; that research was conducted to identify the perfect copier for the Department; that research revealed an significant number of features could be added to the existing functions for approximately the same cost; that the additional features include the ability to design and print almost all the Department's forms internally which is presently being done; that over $1,000 has been saved in just a few months by avoiding the utilization of outside vendors; that changes can be made to forms and forms can be reprinted within minutes which reduces costs and time. Mr. Wells further stated that over the next few months, every cashiering event in the system will be tied to a transaction which increase the Building, Zoning and Code Enforcement Department's ability to audit records; that the ability to audit records was previously identified as a key failure; that the time necessary to complete a transaction will be reduced and will increase the Department's ability to maintain efficiency and integrity; that efficiency will be increased by reengineering the workflow process and the system at the same time; that processes will be made to match system needs and change the system to match the workflow; that doing sO will save money over time by reducing the number of Staff positions necessary as the Department moves forward; that BOOK 54 Page 25602 05/19/03 2:30 P.M. BOOK 54 Page 25603 05/19/03 2:30 P.M. the key in all the Department's projects is leveraging the infrastructure investments which have previously been made; that pictures are still being printed rather than being displayed directly to the Code Enforcement Special Master or during other hearings; that this investment will be leveraged far more aggressively over FY 2003/04 to further reduce costs and make jobs easier; that the objective over time is to increase service to the citizens of the City and lower both hard and long term costs to reduce the burden on the City's citizens for the necessary functions which are performed each day. Mr. Litchet stated that the changes presented have been coordinated Closely with Ramin Kouzehkanani, Information Systems and Technology Director; that Mr. Kouzehkanani will be using the maps which have been presented to link the Building, Zoning and Code Enforcement Department's processes with the Planning and Engineering Departments; that Mr. Kouzehkanani is working on a broader scope of system integration; that the Building, Zoning and Code Enforcement Department is the first step toward Citywide system integration; that the hope is eventually all the City's processes will be integrated. Mr. Wells stated that the maps are a key component towards moving to an electronic Development Review Committee (DRC) process. Commissioner Bilyeu stated that the cost savings identified will likely reduce the need to increase the Building, Zoning and Code Enforcement Departmental FY 2003/04 budget. Mr. Litchet stated that the Building, Zoning and Code Enforcement Department will need very little in additional funding; that the presentation is a preliminary step in educating the Commission regarding the Department's goals; that requests for funding in FY 2003/04 will be strictly technology related and will be minor. Commissioner Bilyeu stated that Staff is commended for attempting to save money. Mr. Wells stated that the overall FY 2003/04 budget will increase very little. City Manager McNees stated that Staff is congratulated for being willing to take a risk and for moving forward with the work; that the goal is for all the City's Departments to utilize the latest technology. Mayor Palmer referred to the Plan and stated that an indication is made the Building, Zoning and Code Enforcement has inherited numerous responsibilities over the past few years which have increased service demands but have not included staffing increases; that an example is additional life safety reviews for new projects from the consolidated Fire Department under the responsibility of Sarasota County; and asked the reason the Fire Department is not performing life safety reviews for new projects? Mr. Litchet stated that the Building, Zoning and Code Enforcement Department at the time of consolidation was to keep all responsibilities for life safety for new construction; that life safety reviews for new construction are coordinated with the Countyi that review of the initial construction is the responsibility of the Building, Zoning and Code Enforcement Department which is logical since the Department issues the permit; that the County then assumes responsibility for the annual inspection. Mayor Palmer stated that the concern is authority for life safety for new construction is the responsibility of the City; that the consolidated Fire Department should have responsibility for review of life safety issues. Mr. Wells stated that one key issue to increase efficiency is to reduce the number of times a single piece of information is reviewed; that the Building, Zoning and Code Entorcement Department must review the information; that no reason exists to force the consolidated Fire Department or the Fire Marshall to take the information and perform an additional review; that the information can simply be fed to the County directly; that a large part of the process is the Department's ability to feed information to other groups quickly and efficiently which reduces the overall costs for the citizens of the Cityi that citizens will pay less if costs are reduced in the consolidated Fire Department. Mayor Palmer stated that the concern is the Building, Zoning and Code Enforcement Department is making life safety decisions regarding fire issues which should be addressed by professional firefighters. Mr. Litchet stated that Glenn Bliss, Chief Plans Examiner, and David Waugh, Deputy Director, Building, Zoning and Code BOOK 54 Page 25604 05/19/03 2:30 P.M. BOOK 54 Page 25605 05/19/03 2:30 P.M. Enforcement, both have strong fire prevention backgrounds; that Mr. Bliss was a Manatee County Fire Chief; that both are certified in life safety and work closely with Jane Ross, County Fire Marshall; that the review for life safety occurs in the building inspection process. Mayor Palmer stated that a degree of comfort has been provided with the knowledge a former fire chief is employed in the Building, Zoning and Code Entorcement Department. Mr. Litchet stated that all the City's building inspectors are certified life safety inspectors; that the Commission provided funding in the FY 2002/03 budget for cros-certification training; that the employees were encouraged to attend life safety training; that the building inspectors contact Fire Marshall Ross if issues are identified in the field; that a good working relationship exists; that the employees are well trained in life safety. Mayor Palmer stated that the work being performed by the Building, Zoning and Code Enforcement Department is appreciated and is encouraged to continue; that citizens appreciate the City's efforts to reduce costs. 22. UNFINISHED BUSINESS : ADOPTION RE: : PROPOSED RESOLUTION NO. 03R-1617, APPROPRIATING $100,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE COST TO REPAIR AND REPLACE BRICK PAVERS IN THE DOWNTOWN LOWER MAIN STREET WALKWAYS AND OTHER MISCELLANEOUS AREAS ; ETC. ADOPTED (AGENDA ITEM XIII) CD 8:46 through 8:52 City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item 2, regarding proposed Ordinance No. 03R-1617 was removed for discussion from the Agenda of the afternoon session by Vice Mayor Martin. Vice Mayor Martin asked the reason for appropriating $100,000 from the unappropriated fund balance of the General Fund for the cost to repair and replace brick pavers in the Downtown lower Main Street walkways which is a project in the Tax Increment Financing (TIF) District rather than utilizing TIF funds? City Manager McNees stated that more detail regarding the item should have been provided; that the issue concerns maintenance; that paver stone areas in the Downtown which are becoming loose, wobbly and uneven pose a safety hazard; that waiting until October 1, 2003, to set funding aside in the budget is not a good idea; that funding should be set aside at the present time; that costs in excess of $100,000 could be incurred if a trip and fall incident or some other accident occurs which is the reason for bringing the issue forward; that the Administration will research the issue to ensure the legitimacy of funding maintenance with TIF funds; that budgeting the maintenance of paver stones in future years with TIF funds can be brought forth for consideration during the FY 2003/04 budget process once the issue of legitimacy is resolved; that allowing the Administration to perform the maintenance on the paver stone areas in the Downtown from the General Fund reserve immediately to mitigate potential exposures is recommended. Vice Mayor Martin stated the entire $2.5 million Main Street streetscape project was being funded through the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax; that the Commission is in favor of the Community Redevelopment Area and the TIF District and the improvements which the programs have brought to the previously blighted and now up and coming area; however, improving the blighted areas in the Downtown have been at the expense of the City's other neighborhoods and needs; that the concern is raised as many projects in the TIF District are not funded with TIF funds. City Manager McNees stated that the paver stones along the sidewalks in front of the new Federal Building are only accents; that the entire sidewalk is not paved with paver stones; that the Administration has learned paver stones are very high maintenance; that the City is attempting to use paver stones more judiciously; that paver stones have been placed between the walking area of the sidewalk and the curb rather than in the traffic portion of the roadway; that people love the paver stones; that the City should use the paver stones judiciously since the paver stones are high maintenance. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1617 in its entirety. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to adopt proposed Resolution No. 03R-1617. BOOK 54 Page 25606 05/19/03 2:30 P.M. BOOK 54 Page 25607 05/19/03 2:30 P.M. Mayor Palmer stated that the Administration is requested to use sensitivity as the City moves forward with issues regarding the Downtown and to use TIF funds to pay for any improvements in the Downtown area. City Manager McNees stated that the Administration is extremely sensitive regarding the use of TIE funds for improvements in the Downtown. 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): Palmer, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 23. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: 2003 LEGISLATIVE ISSUES PRESENTATION PROVIDED (AGENDA ITEM XIII-1) CD 8:52 through 8:58 Mayor Palmer referred to the Agenda Request form regarding the Manasota League of Cities (MLC) 2003 Legislative Priorities; and stated that a pamphlet was produced of the Manasota League of Cities (MLC) 2003 Legislative Priorities by City Auditor and Clerk Robinson; that a significant amount of success was achieved; that the State Legislature adopted a number of positions on various issues. City Auditor and Clerk Robinson stated that the pamphlet of the MLC 2003 Legislative Priorities is included in the Agenda backup material; that the Mayor is the President of the MLC; that the MLC is comprised of the municipalities in Sarasota and Manatee Counties and also Sarasota County; that lobbying efforts were aggressive during the year; that the pamphlet indicates all the issues; that the decisions regarding each bill are highlighted; that lobbying efforts during the year were successful; however, the Florida Legislature Special Session is being held which may affect some decisions. City Auditor and Clerk Robinson continued that an overview of the various legislative priorities is being provided; that the legislative priority concerning the Red Light Safety Bill was to allow cameras at red lights to catch people running red lights; the police associations in other cities have supported the issue each year; that the issue was withdrawn as a 2003 legislative priority; that the legislative priority concerning the Disability Presumption which would have added cancer to the Disability Presumption failed; that if successful, the bill would have created a presumption the disease were job related if a firefighter or a paramedic developed cancer; that the legislative priority concerning Annexation Reform failed since the Florida Association of Counties and the Florida League of Cities which were working together could not develop reasonable procedures to expeditiously annex areas contiguous to a city's boundaries in sufficient time; that the hope is the legislative priority concerning Annexation Reform will pass in 2004; that the legislative priority concerning Municipal Per Diem and Travel Allowances passed; that the City was stopped from using the Runzheimer method for City travel policies in 2003 due to an Attorney General's opinion; that the State Legislature passed the bill which allows cities to go back and create their own travel policies under their home rule powers. Mayor Palmer stated that no changes to the travel policy were actually made; that the travel policy was consistent with the Attorney General's ruling concerning the matter; that as soon as the legislative priority regarding Municipal Per Diem and Travel Allowances becomes law, the City will go back to the Runzheimer method. City Auditor and Clerk Robinson stated that the bill is retroactive to January 1, 2003; that the Runzheimer method will go back into effect as soon as the bill is signed; that the legislative priority concerning Local Option Fuel Taxes passed which allows increased flexibility in utilizing funds; that the bill is good; that unfortunately the bill to index the Local Option Fuel Taxes annually to changes in the Consumer Price Index failed; that the legislative priority concerning the Drug Free "Safe Zone" passed; that attempts have been made to pass the Drug Free "Safe Zone" bill for five years; that the bill increases the Drug Free "Safe Zone" from 200 to 1,000 feet near publicly owned recreational facilities, parks, public housing facilities and universities to enforce special mandatory criminal penalties for drug manufacturing, delivering, possessing or dealing. City Auditor and Clerk Robinson continued that the legislative priority concerning Growth Management failed; that the legislative priority concerning Community Redevelopment failed which was good; that the bill required County governing bodies to approve all changes to Community Redevelopment Area plans as well as approve the expenditures of all funds within the Community Redevelopment BOOK 54 Page 25608 05/19/03 2:30 P.M. BOOK 54 Page 25609 05/19/03 2:30 P.M. Area; that the bill was also introduced in 2002; that the bill will likely require monitoring each year; that the legislative priority concerning Communications passed but was substantially amended; that the bill would have circumvented local zoning control or regulation concerning the placement of wireless towers or antennas; that zoning would not have mattered and a communications tower could have been placed in any location in the City; that the language concerning the circumvention of local zoning control was removed from the bill; that the legislative priority concerning Private Property Rights failed; that the bill would have eliminated existing language in the Bert Harris Private Property Rights Protection Act to specify sovereign immunity is waived for purposes of a Harris Act claim, retroactive to 1995; that the bill would have been bad. Mayor Palmer stated that the efforts of City Auditor and Clerk Robinson and Gail Loeffler, Administrative Assistant, Office of the City Auditor and Clerk, to remain current with the legislative issues on a daily basis are appreciated; that City Auditor and Clerk Robinson and Ms. Loeffler have done an excellent job in remaining in contact with the State Legislature and have provided guidance to the Commission. 24. NEW BUSINESS: APPROVAL RE: AUTHORIZE SPENDING UP TO $27,000 TO FENCE AND POST SIGNS AROUND THE PERIMETER OF THE URBACULTURE SITE, AUTHORIZE SPENDING OF UP TO $25,000 TO BEGIN A GROUND WATER MONITORING PROGRAM FOR YEAR ONE I AUTHORIZE SPENDING UP TO $3,000 TO PURSUE GRANTS FOR CLEANUP OF THE SITE, PURSUE DESIGNATION OF THE SITE AS A BROWNFIELD / PREPARE A REQUEST FOR PROPOSAL (RFP) TO PURSUE THE LONG-TERM DEVELOPMENT OF THE SITE CONSISTENT WITH THE NEWTOWN MASTER PLAN AND PREPARE THE "FINAL" REMEDIAL ACTION PLAN (RAP) AFTER THE COMPLETION OF THE RFP PROCESS APPROVED AND ADOPTION RE: PROPOSED RESOLUTION NO. 03R-1615, APPROPRIATING $55,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE REMEDIAL ACTION PLAN FOR 2046 DR. MARTIN LUTHER KING JR. WAY, WHICH WILL INCLUDE FENÇING AND SIGNS AROUND THE PERIMETER OF THE SITE, L GROUNDWATER MONITORING, AND PURSUIT OF GRANTS FOR CLEANUP OF THE SITE; ETC. = ADOPTED (AGENDA ITEM XIII-2) CD 8:58 through 9:10 Mayor Palmer referred to the Agenda Request form regarding a Remedial Action Plan (RAP) for the Urbaculture site located at 2046 Dr. Martin Luther King, Jr., Way (Dr. MLK Way) and requested that Staff come forward. Mayor Palmer passed the gavel to Vice Mayor Martin and left the Chambers at 8:58 p.m. Michael Taylor, Deputy Director of Planning, came before the Commission, referred to a site map and Interim Status Report of the Urbaculture site displayed on the Chamber monitors and included in the Agenda backup material throughout the presentation; and stated that the Urbaculture site is located south of Dr. MLK Way and east of US 301 and is approximately 18 acres; that the property has never been developed; that over a period of time, the City has discovered contamination on the site from past unofficial practices of illegal dumping; that the Florida Department of Environmental Protection (FDEP) has required the City to prepare a RAP to clean up the contaminated material on the site; that the RAP will demonstrate to the FDEP the manner in which the City will clean up the site; that the deadline for submittal of the RAP has been extended from March 1 to June 1, 2003, to allow the City more time to finalize the RAP; that the City has contracted with Leggette, Brashears and Graham, Inc. (LBG), professional ground-water and environmental engineering services, to prepare the RAP; that the northern one-third of the Urbaculture site would be developed for commercial uses and the southern two-thirds for industrial uses; that the April 3, 2003, interim status report to Karen Hartman, Director of Downtown Redevelopment, from LBG proposes a recommended strategy with an estimated cost for cleanup of the site at approximately $720,000; that the recommended cleanup involves the following: Remove contaminated hot spots $400,000 Cover the entire site with two feet of soil $300,000 Monitor the site semi-annually $ 20,000 Mr. Taylor continued that the potential development of the site and grants may offset these costs. Mr. Taylor further stated that prior to submitting the final RAP, the FDEP has indicated a willingness to consider an interim RAP which is defined in a recommendation by the Planning and Redevelopment Staff based on the land uses in the City of BOOK 54 Page 25610 05/19/03 2:30 P.M. BOOK 54 Page 25611 05/19/03 2:30 P.M. Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) is to: 1. Authorize spending up to $27,000 to fence and post signs around the perimeter of the site; 2. Authorize spending up to $25,000 to begin a ground water monitoring program for year one; 3. Authorize spending up to $3,000 to pursue grants for cleanup of the site; 4. Pursue designation of the site as a Brownfield; 5. Prepare a Request for Proposal to pursue the long-term development of the site consistent with the Newtown Plan; and 6. Prepare the final RAP aiter the completion of the Request for Proposal process. Mr. Taylor stated further that designating the site as a Brownfield will provide certain cleanup bonuses and the possibility of receiving grant funding to assist with the cleanup; that a Request for Proposal (RFP) for a developer to assist the City with developing the site will preclude the need to cover the site with up to two feet of fill as part of the $720,000 cost of remediation; that the site could be covered with asphalt, concrete, or a building rather than spending money on fill which is satisfactory to FDEP since the ground would then be impenetrable; that Staff proposes to submit the interim RAP to FDEP and to develop an RFP to select a developer; that 12 months or more will be necessary to develop the RFP, bring the RFP back to the Commission, advertise, and negotiate with the developer; that Staff believes the FDEP will be comfortable with the City's interim RAP; that Staff's approach is a more cost effective alternative than spending $720,000. Mr. Taylor stated that Staff recommends the Commission adopt proposed Resolution No. 03R-1615 to appropriate $55,000 from the unencumbered fund balance of the General Fund. Commissioner Atkins stated that the plan was discussed Staff; that the Urbaculture site is a beautiful piece of property; that officially or unofficially the property was used as a dump; that the time has come to clean up the property; that the Commission should pass proposed Resolution No. 03R-1615 sO the problem with the property can be addressed; that something can be done with the property; and asked : if the property was ever designated as a Brownfield at the time the Florida House Institute (FHI) for Sustainable Development was managing the land for the City? Mr. Taylor stated that the property has not been designated as a Brownfield; that John Lambie, FHI Director, referred to the property as a Brownfield site which is a true statement but is different than receiving a Brownfield designation. Mayor Palmer returned to the Chambers at 9:04 p.m. Commissioner Bilyeu asked for clarification regarding the cleanup costs of $720,000. Mr. Taylor stated that a number of contamination sites on the property are worse than others; that the material in the hot spots will be removed to a safe disposal site; that clean fill will replace the material which was removed; that the remainder of the site which is not as bad must be covered with a minimum of two feet of clean fill which would cap the site; that Staff believes a developer can receive the benefit of the cleanup costs rather than bringing in clean fill at a cost of $300,000 to $400,000; that the site could be cleaned up at a reduced cost. Vice Mayor Martin asked the manner in which the Brownfield designation will be pursued? Mr. Taylor stated that the City is contracting with the County to put together a draft interlocal agreement concerning the Urbaculture site; that the City Attorney's Office and the County Attorney's Office are reviewing the interlocal agreement; that the interlocal agreement will then come before the Commission for approval; that a number of other similar sites exist further west on Dr. MLK Way; that the Brownfield designation does not cost the City anything; that the County has Staff who will be able to make a Brownfield determination; that the developer could work with County Staff; that the process will be similar to the historic designation process; that the cleanup of the site is performed at a different level if the site is designated a Brownfield. Vice Mayor Martin stated that the idea of putting a chain link fence around the site is not attractive but is necessary; that Staff has indicated a black or green coated fence which is more aesthetically pleasing will be used along the north side of the site. BOOK 54 Page 25612 05/19/03 2:30 P.M. BOOK 54 Page 25613 05/19/03 2:30 P.M. Mr. Taylor stated that a plain chain link fence is usually silver in color which will stand out; that the black or green coating which is available for chain link fence will make the fence much less obvious; that Staff will propose a black or green coating for the fence along the north side of the site along Dr. MLK Way. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to approve the submission of an interim Remedial Action Plan for the Urbaculture site to the Florida Department of Environmental Protection with Staff's recommended six actions. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. Mayor Palmer referred to the Agenda Request form included in the Agenda backup material; and stated that proposed Resolution No. 03R-1615 appropriating $55,000 from the unencumbered fund balance of the General Fund is to fund the Remedial Action Plan for 2046 Dr. MLK Way which will include fencing and signs around the site, groundwater monitoring, and pursuit of grants for clean of the site. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1615 in its entirety. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution No. 03R-1615. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 25. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: CITY' S PEACETIME EMERGENCY PLAN PRESENTATION PROVIDED (AGENDA ITEM XII-3) CD 9:10 through 9:28 Mayor Palmer referred to the Agenda Request form regarding the City's Peacetime Emergency Plan and requested that Staff come forward for the presentation. City Manager McNees stated that hurricane season has arrived; that the presentation is to provide an understanding of roles and the processes between the City and the County. Peter Abbott, Police Chief, James Schultz, Police Captain, and Cheri Potts, Administrative Assistant, Sarasota Police Department (SPD), came before the Commission. Chief Abbott stated that the Peacetime Emergency Plan can be tailored to emergencies other than hurricanes such as floods, tornadoes, biological and chemical events, terrorist attacks, and hazardous materials; however, the presentation will provide detailed information as to the manner in which the City operates in the event of a hurricane. Captain Schultz referred to computer-generated slides of the Peacetime Emergency Plan displayed on the Chamber monitors and included in the Agenda backup material throughout the presentation and stated that the Peacetime Emergency Plan addresses the manner in which the City reacts to either a man made or natural disaster; that Section 252, State Emergency Management Act, State Statutes, addresses emergency management and the transfer of power and resources and recommends counties as well as municipalities develop a peacetime plan prior to a disaster; that an emergency plan has been in place for approximately eight years; that the emergency plan has been refined over the years; that the City is as well prepared as any municipality in the State due to affiliations with other organizations. Captain Schultz continued that four phases exist within the Peacetime Emergency Plan; that Phase 1 is the pre-emergency and preliminary emergency preparations 72 hours away from storm or immediately after a disaster; that Phase 1 includes the following steps which are to: Activate the Emergency Operations Center located on the sixth floor of the County Administration Building, 1660 Ringling Boulevard, and includes 16 vital emergency service functions. Coordinate with the County Emergency Operations Center and other municipalities. Release of emergency information which has been coordinated with the County and other municipalities. Determine required resources. - Coordinate evacuation of people with special needs and voluntary evacuees and coordinate opening of shelters. BOOK 54 Page 25614 05/19/03 2:30 P.M. BOOK 54 Page 25615 05/19/03 2:30 P.M. Secure facilities and equipment. Implement mandatory evacuations by the County Emergency Operations Center 16 to 30 hours prior to projected landfall mandatory Police go to 12 hour shifts. Captain Schultz continued that in addition: Police report to work and lock down 16 hours prior to landfall - Non-critical personnel are sent home. Police assist in notifications, traffic flow, staffing shelters, and security of evacuated areas. - Police report to Sarasota High School for shelter upon winds reaching 45 mph sustained. Search and rescue teams report to assigned positions. Mayor Palmer stated that Sarasota High School must remain available for shelter against a hurricane. Captain Schultz stated that the shelters which open in the City are Tuttle Elementary School, which was recently retrofitted to sustain hurricane force winds, and Brookside Elementary and Sarasota High Schools. Mayor Palmer stated that the City must ensure Sarasota High School remains standing; that the building is very strong and was built in 1926. Commissioner Bilyeu asked if Bishop Nevins Academy is considered a shelter? Captain Schultz stated that a portion of the Emergency Operations Center deals with locating shelters; that a team structurally inspects the buildings for the capability of withstanding hurricane force winds; that Bishop Nevins Academy has not been inspected to his knowledge; that facilities which are considered shelters must withstand a minimum of 135 mph winds; that once a shelter is three quarters full, another shelter is opened. Captain Schultz continued that Phase 2 addresses immediate emergency functions to prevent injury, loss of life, and damage to property which includes the following steps to: Tend to injured which come to police attention and tend to shelters. Continue to monitor and communicate with City Emergency Operations Center, weather and emergency information. Re-deploy police upon sustained winds going below 45 mph. Captain Schultz further stated that Phase 3 addresses post emergency recovery to restore essential services and provide emergency assistance to victims which includes the following steps: - Deploy search and rescue teams comprised of Florida Power and Light employees, telephone company employees, Public Works employees and various other components which are critical to evacuation and entry routes into the City to clear the path on Fruitville Road from the hospital to Interstate-75 sO emergency and rescue operations can begin and emergency resources can be directed into the designated area which is Robarts Sports Arena. Establish traffic control and security elements for neighborhoods and business. - Conduct expanded police functions. Update Emergency Operations Center with information. - Assure the receipt and securing of emergency supplies. - Provide security for distribution stations. Coordinate with County Emergency Operations Center and other police agencies regarding return to neighborhoods. Monitor the return to neighborhoods. Coordinate with outside agencies coming into assist such as the National Guard and other police agencies. - Enforce curiew, if imposed. BOOK 54 Page 25616 05/19/03 2:30 P.M. BOOK 54 Page 25617 05/19/03 2:30 P.M. Captain Schultz stated further that Phase 4 addresses long term recovery to provide for safe and orderly reconstruction of buildings and infrastructure which includes the following steps to: Assist with traffic control and rerouting. Provide law entorcement functions as needed. Captain Schultz stated that the Peacetime Emergency Plan calls for the performance of vital functions by all members of the City Staff; that assignments are made for all the City's Department heads; that the City Manager and City Department heads were recently briefed concerning the Peacetime Emergency Plan and were provided an updated version which includes all assigned tasks and duties. Captain Schultz continued that procedures are outlined in the Peacetime Emergency Plan for the City's Public Works Department which include the following four phases: Phase 1: Pre-emergency Phase 2: Immediate Emergency; Phase 3: Post Emergency Recovery; and Phase 4: Long Term Recovery City Manager McNees stated that the City's Public Works Department operates under similar procedures as the SPD. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to extend the meeting beyond the 9:30 p.m. deadline to 9:45 p.m. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Palmer, yes. Captain Schultz stated that the function of the City Attorney's Office is to provide a document to the Commission which would transfer the Commission's power to the City Manager 24 to 48 hours prior to a hurricane; that at the conclusion of the emergency, the document is re-signed delegating authority back to the Commission. City Manager McNees stated that the Commission will have a role delegating powers prior to a storm sO the City Manager can act as the Commission in the case of an emergency; that an automatic delegation of authority takes place if a majority of the Commissioners cannot be present. Mayor Palmer stated that the presentation was excellent; that the efforts to coordinate with the County and other agencies are important and appreciated; that the community will be grateful in the case of an emergency; that the City is ready. 26. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 9:28 through 9:29 COMMISSIONER BILYEU: A. stated that the March 19, 2003, meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) as well as the March 19, 2003, meeting of the MPO's Public Transportation Task Force was attended; that discussion regarding the coordination of the Florida Scenic Highway Program on US 41 continues; that funding is a concern; that the exact costs will be presented in the future. 27. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) CD 9:28 through 9:38 COMMISSIONER BILYEU: A. stated that the function for the City's 100th Anniversary sponsored by the Arlington Park Neighborhood Association was attended on May 17, 2003, and was enjoyable. B. stated that concrete was apparently poured around a tree in the right-of-way on the corner of Links Avenue and Main Street; that the tree will likely not survive. C. stated that Court Watch is doing a good job of monitoring the sentencing of career criminals but is having difficulty with funding; that the City will likely approve another grant in the fall of 2003; that Commission consensus is requested to identify a funding mechanism for Court Watch; that Sarasota County should become involved as Court Watch also provides a service to County residents; that Venice and Bradenton may also be interested in becoming involved; that Court Watch BOOK 54 Page 25618 05/19/03 2:30 P.M. BOOK 54 Page 25619 05/19/03 2:30 P.M. should continue; that funding is identified for many worthwhile programs; that Court Watch is a worthwhile program; that a police officer could be assigned to monitor the sentencing, which would be an expense to the City; that Court Watch is always present at the court sentencing; that the orange shirts worn by Court Watch volunteers sitting in the courtrooms have an impact on the judges' decisions in imposing sentences; that Court Watch is an important part of the criminal-judicial system in the City; that funding should be found for Court Watch; that a mechanism should be found to make Court Watch work in a similar fashion to the Nuisance Abatement Board. City Manager McNees stated that a great deal of history exists behind Court Watch; that the information can be provided to the Commission. Mayor Palmer stated that providing the Commission additional information would be appreciated; that the Police Chief has been attempting to identify additional funding for Court Watch, which is a valuable program. VICE MAYOR MARTIN: A. stated that the efforts of the Office of the City Auditor and Clerk for the reception for the current and former members of the City's advisory boards are appreciated; that appreciation is also extended to Gulfcoast Wonder & Imagination Zone (G.WIZ) for providing the venue; that the reception was excellent and gratifying; that approximately 60 percent of invitees were in attendance. COMMISSIONER ATKINS: A. stated that a letter was received the week of May 12, 2003, from a group interested in conducting an HIV/AIDS testing program in the police substation at Gillespie Park; that the target is the poor, the indigent, and the Hispanic population in the area; that a response should be provided. Mayor Palmer stated that the issue is referred to the Administration. MAYOR PALMER: A. stated that Commissioner Servian is in Washington, D.C., working on City issues, including beach renourishment, along with the City Engineer/Director of Engineering. B. stated that the constructive criticism received during Citizens' Input was appreciated; that efforts will be made to improve the direction during public discourse to assure the Code of Conduct is followed. C. stated that scheduling workshops sO all Commissioners can attend is difficult; that scheduling a workshop without the availability of all Commissioners may be necessaryi that the Commissioners have an opportunity to meet with Staff concerning workshop topics as final determinations are not made at workshops; that the concern is the difficulty of scheduling workshops due to the unavailability of one Commissioner; therefore, the Commission is requested to be cognizant of the difficulty in scheduling; that changing already scheduled workshop meetings should be carefully considered. D. read into the record a May 16, 2003, letter she received from the Federal Emergency Management Agency (FEMA) regarding the National Flood Insurance Program Community Assistance Visit which indicates FEMA will be conducting a Community Action Visit during July 7 through 11, 2003; that FEMA commends the City for enacting more stringent criteria than those of the national flood insurance program to manage development activity in the City's special flood hazard areas through participation in the Community Rating System; that the City's property owners are able to save in excess of $493,000 annually in flood insurance premiums as a result. E. stated that she will not be in attendance at the June 2, 2003, Regular Commission meeting due to vacation. F. stated that the significance of the work by the City Attorney's Office is appreciated; that the Staff at the City Attorney's Office works diligently on many issues. BOOK 54 Page 25620 05/19/03 2:30 P.M. BOOK 54 Page 25621 05/19/03 2:30 P.M. 28. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 9:38 through 9:40 CITY MANAGER MCNEES: A. stated that maintenance of some artwork in the Sarasota Season of Sculpture exhibit was previously raised by the Commission as a concern; that Staff has worked with the Sarasota Season of Sculpture, which is taking steps to address the concern. 29. ADJOURN (AGENDA ITEM XII) CD 9:40 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of May 19, 2003, at 9:40 p.m. bu ANN R. PALMER, MAYOR E CTA ATTEST: L a B Robenson BILLY Ech ROBINSON, CITY AUDITOR AND CLERK