MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 3, 2003, AT 2:30 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:34 p.m. City Auditor and Clerk Robinson gave a special Invocation in remembrance of the crew members of the Space Shuttle Columbia which exploded on February 1, 2003, followed by the Pledge of Allegiance. Mayor Mason requested that a moment of silence be observed in memory of the Astronauts who lost their lives and for their families. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 3:35 through 2:37 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. IV-A-11, Approval Re: Set for public hearing proposed Ordinance No. 03-4454, consenting to the expansion of the Sarasota County Emergency Service District as to include all the lands within the municipal boundaries of the City, per the request of Attorney Singer. B. Add under Consent Agenda No. 1, Item No. IV-A-12, Approval Re: Direct Administration to prepare a lease between the Governor's Newtown Front Porch Revitalization Council and the City of Sarasota to provide office space, per the request of City Manager McNees. DRAFT ONE Page 24728 02/03/03 2:30 P.M. DRAFT ONE Page 24729 02/03/03 2:30 P.M. Vice Mayor Palmer asked if Consent Agenda No. 1, Item No. IV-A-12, is to establish a lease agreement for office space for the liaison? City Auditor and Clerk Robinson stated that the request is for Commission authorization to enter into a lease agreement for office space. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:37 through 2:42 The following person came before the Commission: Charles Senf, 2346 Pelican Drive (34237), stated that attempts to obtain a copy of the February 3, 2003, Regular Commission meeting Agenda through the City's website have been unsuccessful since February 1, 2003; that obtaining copies of Agendas for scheduled meetings and workshops is difficult; that the City Auditor and Clerk's Office provides access to Agendas and backup material through a software program; however, the recent changes concerning the graphics of the City's website have resulted in problems which prevent the public from accessing essential pieces of information; that he electronically mailed the Commission and the. Director of Information Systems and Technology through the City's website to convey the problem; that the majority of the electronically mailed messages were returned undeliverable; however, an electronic mail message was received from the City Auditor and Clerk acknowledging the problem. Mr. Senf continued that discussions at the January 21, 2003, Regular Commission meeting concerned the graphics of the City's website, particularly inserting the City logo on the engineer's hat on one of the City's web pages and changing the logo on the home page; that the suggestion is for the Commission to attempt to access the City's website from a personal home computer to obtain essential information rather than from a computer directly linked at City Hall; that eight computer steps are involved in obtaining an Agenda before an error message of "file not found" is received; that the Agenda is not accessible through the City's website; that the City's website contains 28 graphic images comprising the home pagei that the focus should be on the basic functionality of the system rather than the graphics. Mr. Senf further stated that traffic calming efforts on Ringling Boulevard near the Ringling Shopping Center have resulted in additional traffic congestion and confusion; that the Engineering Department should have installed temporary traffic calming measures to provide a comparative assessment of the possible effect in the area prior to the great expense of installing the permanent measuresi that data indicating a speed reduction and fewer number of vehicles on the roadway could have been provided prior to implementing permanent measures; that the suggestion is to institute such a comparative assessment for every traffic calming measure and build a database to determine if future action taken will produce the desired result. 3. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 21, 2003 APPROVED AS REVISED, : MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 23, 2003 - APPROVED (AGENDA ITEM II-1,2) CD 2:42 through 2:44 Mayor Mason asked if the Commission had any changes to the minutes? Commissioner Martin referred to the minutes of the January 21, 2003, Regular Commission meeting as follows: Item No. VIII-3: .that seven pieces of written correspondence have been received from residents of the neighborhood; that the names of the residents should become part of the record and are: Bruce Franklin, Dale Parks, Allan Crannitch, Daniel McNichol, Stephen Long, Brian - McGuinnes, and Martha Hafner Commissioner Martin stated that he requested the seven pieces of correspondence be included as part of the record; that the minutes indicate the names of the individuals rather than the pieces of correspondence should be included as part of the record; that the recollection is inclusion of the actual correspondence as part of the record was by consensus; that the minutes should reflect the inclusion of the documents submitted rather than the individuals submitting. DRAFT ONE Page 24730 02/03/03 2:30 P.M. DRAFT ONE Page 24731 02/03/03 2:30 P.M. Mayor Mason stated that the minutes concerning Item VI-1, Board Appointments to the Sarasota Housing Authority, should be changed to indicate Mr. Hudgins rather than Mr. Harvey in the following phrase: that Commissioner Martin's decision not to support Mr. Harvey is respected; Mayor Mason stated that hearing no additional changes, the minutes of the January 21, 2003, Regular Commission meeting are approved by unanimous consent; and asked if the Commission had any changes to the minutes of the January 23, 2003, Special Commission meeting? Mayor Mason stated that hearing no changes, the minutes of the January 23, 2003, Special Commission meeting are approved by unanimous consent. 4. BOARD ACTIONS RE: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JANUARY 8, 2003 = RECEIVED REPORT (AGENDA ITEM III-1) CD 2:44 through 2:56 Kenneth Shelin, Chair of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning, came before the Commission. Mr. Shelin presented the following item from the January 8, 2003, Regular PBLP meeting: Zoning Text Amendment No. 03-ZTA-01 concerning Noise Ordinance Mr. Shelin stated that proposed Zoning Text Amendment No. 03-ZTA-01 as incorporated in proposed Ordinance No. 03-4422 will repeal the provisions of the Zoning Code (2002 Ed.) concerning noise or sound and is a preparatory step to proposed Ordinance No. 03-4416 to adopt provisions concerning noise or sound in the Sarasota City Code (1986 as amended) (City Code) creating a Citywide noise ordinance; that the PBLP reviewed and found proposed Zoning Text Amendment No. 03-ZTA-01 as incorporated in proposed Ordinance Nos. 03-4422 and 03-4416 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) ; that the PBLP recommended Commission approval of proposed Ordinance No. 03-4416 subject to the following changes: - Retain the definition for noise sensitive areas Mr. Shelin stated that the definition provides flexibility to identify problematic areas in the City. Provide a longer warning period than 48 hours Mr. Shelin stated that a weekend noise problem currently exists on St. Armands Keyi that a warning period of 48 hours would expire within 2 days and would require reissuing the warning the following weekend; that an indefinite warning period should be considered. - Require City and County permits for festivals and activities in the parks Mr. Shelin stated that the PBLP unanimously recommended the changes. Vice Mayor Palmer stated that the recommended change to require City and County permits for festivals and activities in parks is included in proposed Ordinance No. 03-4416; and asked for clarification as to the advertising of the remaining changes? City Attorney Taylor stated that proposed Ordinance No. 03-4416 will be advertised with the recommended changes of the PBLP; that the Commission will have the opportunity to remove the changes if desired. Commissioner Quillin asked if additional revisions can be made to the proposed Ordinance once advertised? City Attorney Taylor stated that additional recommendations or revisions to the proposed Ordinance can be evaluated during the public hearing process. Commissioner Servian asked if the changes to proposed Ordinance No. 03-4416 recommended by the PBLP must go through the PBLP approval process again? City Attorney Taylor stated no. Commissioner Quillin stated that the specifics of the definition for noise sensitive areas are unclear; that providing a longer warning period is not desired; that the recommendation is a citation should be issued if a re-offense occurs within 48 DRAFT ONE Page 24732 02/03/03 2:30 P.M. DRAFT ONE Page 24733 02/03/03 2:30 P.M. hours; that County violations can be cured in a week; that the City's cure period should be within 48 hours. Mr. Shelin stated that violations within the City typically occur on the weekends; that the offense ends as soon as the weekend is over; that the warning will expire within a couple of days; that the next weekend the offense occurs again and another warning is issued; that the cycle could continue indefinitely. Commissioner Quillin stated that language should be added to address re-offending; that a citation should be issued if three warnings have occurred within a certain period of time. Mr. Shelin stated that the suggestion is an alternative course of action. Commissioner Servian stated that shortening the warning period is suggested; that most problems occur on the weekends; that a citation should be issued when a warning has been issued and the problem has not been cured within 24 hours; that providing a longer warning period could result in abuse of the warning period. Commissioner Quillin agreed. Mr. Shelin stated that a number of ways to handle the warning period exist. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that current regulations do not require a warning period; that a citation can be issued immediately if a violation occurs; that the proposed Ordinance provides for a warning to be issued; that once a warning is issued, the violation must be corrected immediately; that proposed Ordinance No. 03-4416 provides for 48 hours in which the warning will remain; that the PBLP suggested providing a longer warning period such as 90 days; that under the PBLP recommendation, a warning will be issued if a violation occurs and a citation will be issued if a second violation occurs within 90 days; that law enforcement prefers 48 hours; that the advertised language for the public hearing will be a warning period of 90 days to avoid re-advertising if the Commission desires to shorten the number of days of the warning period. City Attorney Taylor stated that the length of the warning period does not address the suggestion of issuing a citation if the violation is not cured. Commissioner Quillin stated that law enforcement will not be aware of a previous warning within a 90-day period; that shortening the warning period to 24 hours is desired; that abuse of the 90-day period will occur. Attorney Singer stated that the length of the warning period will be addressed during the public hearing phase of the process. Commissioner Quillin stated that the proposed Ordinance should be written correctly prior to advertisement. Vice Mayor Palmer stated that discussing the details of the proposed Ordinance should not occur at this time; that the language of the proposed Ordinance should provide enough latitude for change without having the change go through the PBLP process again; that the PBLP meetings have recently been observed; that the process of hearing quasi judicial petitions should be altered to cause less of a redundancy; that Staff should present first, followed by the petitioner; and asked if the PBLP is considering changing the order in which presentations are made during public hearings? Mr. Shelin stated that the amount of redundancy during the quasi judicial public hearing process has been a PBLP concern for some time; that the order in which the presentations are made causes extended meetings and does not encourage members to pay attention; that preliminary discussions have occurred with Staff regarding the change. Vice Mayor Palmer stated that the City Attorney and the City Auditor and Clerk should be involved in discussions regarding the possibility of changing the order of presentation to ensure the PBLP meetings are consistent with the Commission meetings; that Commission consensus to direct the City Attorney and the City Auditor and Clerk to participate in such discussions is requested. Commissioner Quillin stated that a report from the PBLP regarding the change is desired. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to receive the report of the January 8, 2003, Regular Planning Board/Local Planning Agency DRAFT ONE Page 24734 02/03/03 2:30 P.M. DRAFT ONE Page 24735 02/03/03 2:30 P.M. meeting. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 5. BOARD ACTIONS RE : REPORT RE: PUBLIC ART COMMITTEE SPECIAL MEETING OF JANUARY 13, 2003 - RECEIVED REPORT, ; EXTENDED THE PALM AVENUE PUBLIC ART PROGRAM FOR ONE YEAR (AGENDA ITEM III-2) CD 2:56 through 2:58 George Haborak, Chairman, Public Art Committee and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Haborak presented the following item from the January 13, 2003, Public Art Committee Special meeting: Palm Avenue Public Art Program Extension Mr. Haborak stated that the Palm Avenue Public Art Program has expired; that a gallery owner requested the opportunity to display a piece of art on Palm Avenue; that the Committee voted unanimously to recommend the Commission extend the Palm Avenue Public Art Program for one year. Mr. Burg stated that Staff concurs with the recommendation. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to receive the report of the January 13, 2003, Special meeting of the Public Art Committee. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to extend the Palm Avenue Public Art Program for one year. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Martin stated that the Commission received the report of the January 8, 2003, Regular Planning Board/Local Planning Agency meeting; however, the Commission did not make a motion to direct the City Auditor and Clerk to schedule proposed Ordinance No. 03-4416 for public hearing. City Auditor and Clerk Robinson stated that approval to set proposed Ordinance No. 03-4416 will be considered by the Commission under Consent Agenda No, 1, Item No. IV-A-1. The Commission recessed at 2:59 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 3:25 p.m. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4,6, 8, 9, 11, AND 12 = APPROVED ; ITEM NO. 5 = CONSIDERED UNDER NEW BUSINESS AS AGENDA ITEM XIII-2; ITEM NO. 7 - CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VI-3; ITEM NO. 10 CONTINUED TO THE FEBRUARY 18, 2003, REGULAR COMMISSION MEETING (AGENDA ITEM IV-A) CD 3:26 through 3:29 Vice Mayor Palmer requested that Item No. 7 be removed for discussion. Commissioner Servian requested that Item No. 10 be removed for discussion. Commissioner Martin requested that Item No. 5 be removed for discussion. Mayor Mason requested clarification of consideration of the items removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 5, will be considered under New Business as Agenda Item XIII-2 which will be heard in the evening session; that Consent Agenda No. 1, Item No. 7, will be considered under Unfinished Business as Agenda Item VI-3 which will be heard in the afternoon session; and referred to Consent Agenda No. 1, Item No. 10, as follows: 10. Approval Re: Appropriate $30,000 from Tax Increment Financing funds to pay for an economic analysis of the proposed "Downtown Code, 1 direct the City Attorney's office to prepare an agreement between the City of Sarasota and Economic Research Associates (ERA) to complete an economic analysis and authorize the Mayor and City Auditor and Clerk to execute an agreement between the City of Sarasota and ERA. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 10, concerns the same subject as Agenda Item No. 2 on the February 3, 2003, Special Community Redevelopment Agency (CRA) meeting; that CRA Agenda Item No. 2 was continued to a February 18, 2003, Special CRA meeting; that therefore, Consent DRAFT ONE Page 24736 02/03/03 2:30 P.M. DRAFT ONE Page 24737 02/03/03 2:30 P.M. Agenda No. 1, Item No. 10, should also be continued to the February 18, 2003, Regular Commission meeting. City Manager McNees stated that Consent Agenda No. 1, Item 10, will be considered during the February 18, 2003, Regular Commission meeting. City Auditor and Clerk Robinson stated that is correct; that two items on the Agenda of the February 3, 2003, Regular Commission meeting and a third item on the Agenda of the February 3, 2003, Special CRA meeting pertain to appropriating $30,000 from Tax Increment Financing funds to pay for an economic analysis concerning the proposed Downtown Code; that all three items will be considered on the February 18, 2003, Special CRA and Regular Commission meetings. Vice Mayor Palmer stated that the February 18, 2003, Regular Commission meeting is on a Tuesday due to the February 17, 2003, holiday in recognition of Presidents Day. 1. Approval Re: Set for public hearing proposed Ordinance No. 03-4416, amending Chapter 20, Sarasota City Code, to provide for definitions; to prohibit unreasonable sound; to set forth specific acts which shall constitute unreasonable sound; to set forth maximum permissible decibel limitations; to provide for exceptions by permits; to set forth a permit process and for appeal; to provide for warnings before being charged with a violation; repealing ordinances in conflict; providing for the severability of parts hereof; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 03-4433, amending Chapter 22, Sarasota City Code, to create Article II., Park Permits; providing for definitions; prohibiting for the use of public parks by a group of fifty or more persons without a permit; setting forth a permit process; providing for appeals; amending Chapter 22, Article III, Closing of Public Parks During Designated Hours, Section 22-28 to allow the use of a public park when closed pursuant to a permit to be issued according to the permit process set forth in Article II; repealing ordinances in conflict; providing for the severability of parts hereof; etc. 3. Approval Re: Set for public hearing proposed Ordinance No. 03-4440, amending the Sarasota City Code, Chapter 2, Administration, Article I, in general, by the addition thereto of a new section 2-5, Administrative Approval of Contracts, setting forth the contractual matters which shall be exempt from the charter requirement of City Commission approval and specifying the policies to be followed to approve and execute such contracts; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. 4. Approval Re: Set for public hearing proposed Ordinance No. 03-4441, amending the Sarasota City Code, Chapter 2, Administration, by deleting therefrom Article IX, Sarasota Mobile Home Park; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an agreement between the City of Sarasota and the Mote Marine Laboratory to examine trends in near-shore Gulf of Mexico water quality from 1960 to the present. 8. Approval Re: Award of bid to American Drilling and Pump Co., Inc., (Bid #03-03M) for the purpose of selecting a supplier to furnish pump and well services on an "as needed basis" for a one (1) year period for the Verna Wellfield. 9. Approval Re: Authorize the City Attorney to execute the Mediation Settlement Agreement between In Extremis, the Quay, and the City of Sarasota. 11. Approval Re: Set for public hearing proposed Ordinance No. 03-4454, consenting to the expansion of the Sarasota County Emergency Service District as to include all the lands within the municipal boundaries of the City. 12. Approval Re: Direct Administration to prepare a lease between the Governor's Newtown Front Porch Revitalization Council and the City of Sarasota to provide office space. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 6, 8, 9, 11, and 12. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. DRAFT ONE Page 24738 02/03/03 2:30 P.M. DRAFT ONE Page 24739 02/03/03 2:30 P.M. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1580) ADOPTED ; ITEM 2 (RESOLUTION NO. 03R-1581) = ADOPTED; ITEM 3 (RESOLUTION NO. 03R-1582) CONTINUED TO THE FEBRUARY 18, 2003, REGULAR COMMISSION MEETING ; ITEM 4 (RESOLUTION NO. 03R-1584) = ADOPTED; AND ITEM 5 (RESOLUTION NO. 03R-1594) = ADOPTED (AGENDA ITEM IV-B) CD 3:29 through 3:31 Vice Mayor Palmer asked for clarification as to recommended action concerning Consent Agenda No. 2, Item No. 3, as follows: 3. Adoption Re: Proposed Resolution No. 03R-1582, appropriating $30,000 from the Unappropriated Fund Balance of the Tax Increment Financing Fund to fund an economic analysis of the "Downtown Code"; etc. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. 3, will be continued to the February 18, 2003, Regular Commission meeting due to the Commission's action under Consent Agenda No. 1, Item No. 10. 1. Adoption Re: Proposed Resolution No. 03R-1580, pertaining to the Billable Fee Schedule for the Zoning Code (2002 Ed.); amending the Billable Fee Schedule to set forth a fee for requests to approve major encroachments by way of an Encroachment Agreement to be approved by the City Commission; etc. (Title Only). 2. Adoption Re: Proposed Resolution No. 03R-1581, calling for the First Municipal Election to be held on March 11, 2003, and the Second Municipal Election to be held on April 8, 2003, if required, for the purpose of electing three district City Commissioners for a term of four years; setting forth the location of the polling places; names of clerks, inspectors and officers; etc. (Title Only). 4. Adoption Re: Proposed Resolution No. 03R-1583, appropriating $10, - 650 from the unappropriated fund balance of the General Fund to fund the purchase of four Automated External Detibrillators to be placed in City Hall, the City Hall Annex, the Federal Building, and the Municipal Auditorium; etc. 5. Adoption Re: Proposed Resolution No. 03R-1594, supporting continued Beach Management Funding of $30 million annually; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1580, 03R-1581, and 03R-1594 by title only and proposed Resolution No. 03R-1583 in its entirety. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 4, and 5. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 8. UNFINISHED BUSINESS: PRESENTATION AND APPROVAL RE : CELEBRATE SARASOTA GRANT FUNDING FOR THE MULTI CULTURAL FAIR: HANDS OF HERITAGE EVENT - APPROVED THE RECOMMENDATION OF THE CELEBRATE SARASOTA COMMITTEE TO ALLOCATE FUNDS NOT TO EXCEED $31,000 FOR THE MULTI CULTURAL FAIR: HANDS OF HERITAGE EVENT (AGENDA ITEM VI-1) CD 3:31 through 3:49 Stephania Feltz and Chaplain Tom Pfaff, Co-Chairs, Heritage Multi Cultural Committee, came before the Commission. Ms. Feltz stated that the presentation is to explain the details of the Celebrate Sarasota Multi Cultural Fair event called the Hands of Heritage, discuss the Hands of Heritage budget amendments based upon input received by the Commission, and discuss the value of the event to the community; that the weekend event is scheduled for October 17 and 18, 2003; that the events scheduled for October 17, 2003, will be held at the Van Wezel Performing Arts Hall (VWPAH) ; that the events scheduled for October 18, 2003, will be held at the Sarasota County Fairgrounds; that events scheduled for October 17, 2003, will provide a forum for intellectually stipulating conversation and dialog; that the hope is Madeleine Albright, former Secretary of State, will be a guest speaker and discuss her experience with the United Nations (UN), followed by a model UN demonstration by students; that the Heritage Multi Cultural Committee is partnering with the Sarasota Sister Cities Association (Sister Cities) to bring students from partnering cities together with students who attend Sarasota County public schools to assist with the model UN demonstration and participate with the dialog. DRAFT ONE Page 24740 02/03/03 2:30 P.M. DRAFT ONE Page 24741 02/03/03 2:30 P.M. Ms. Feltz referred to a map of the Sarasota County Fairgrounds displayed on the Chamber monitors and continued that a multitude of family oriented activities are scheduled for October 18, 2003, at the Sarasota County Fairgrounds and will be free to the public; that a continent exhibit will be on display in Robarts Sports Arena; that a stage will be provided outside Robarts Sports Arena for multicultural singing and dancing; that a midway area will be set up for hands-on arts and craft activities for children such as making an African mask or a musical instrument from a South American country; that the Heritage Multi Cultural Committee is partnering with local art groups to create an art display of work including art from children and adults in the community; that the Heritage Multi Cultural Committee has extended an invitation to Sarasota's sister cities to participate in displaying artwork as well; that a variety of cultural storytelling will be provided by the local libraries in the Potter Building; that exhibits for various games from around the world will be setup throughout the Sarasota County Fairgrounds; that an international market will be open to purchase international wares and taste foods from around the world. Ms. Feltz further stated that the culminating event is scheduled from 7 to 9 p.m. on October 18, 2003; that the focus will be on the past, present, and future of Sarasota; that the Heritage Multi Cultural Committee is attempting to contact a famous Scotsman, Actor Sean Connery, to represent the past; that dignitaries such as the Commission will represent the present; that the children of the community will represent the future; that children from local public schools will participate in a parade of flags ceremony and will sing various songs written by children of the community and children of different sister cities; that a fireworks display will occur at the close of the event. Ms. Feltz stated further that the dates of October 17 and 18, 2003, are a concern for members of the Commission; that the criteria for a place at which to host the event include ample parking and easy accessi that the event will be scheduled as close as possible to October 14, 2003, which is the end of the year-long celebration of the 100th anniversary of the City; that September 2003 dates are no longer available at Sarasota County Fairgrounds. Chaplain Pfaff distributed a revised budget proposal for the Celebrate Sarasota Multi Cultural: Hands of Heritage event and stated that the input provided by individual Commissioners is appreciated; that budget projections for the event have not changed; however, the format and the headings of the budget proposal have been revised; that the revised budget proposal is organized by day, date, time, advertisement and print, and total budget for the event; that information was gathered from various organizations which frequently hold events at the Sarasota County Fairgrounds; that for example, the Scottish Highlands Games event was recently held at the Sarasota County Fairgrounds; that the event utilizes the same budget format each year; that the Heritage Multi Cultural Committee used the Scottish Highlands Games budget as a model for the revised budget proposal; that the projected total cost for the Hands of Heritage event is approximately $100,000; that in-kind support for the event consists of non-cash transactions; that the goal is to fund the entire budget with in-kind support; that the Heritage Multi Cultural Committee is attempting to obtain matching corporate sponsors and/or grants from local organizations in the amount of $44,600; that efforts to secure additional dollars through the office of Katherine Harris, US Representative, 13th Congressional District, and through the State Department of Education are on-going. Chaplain Pfaff continued that the original grant request to the Celebrate Sarasota Committee was in the amount of $52,005; that the Celebrate Sarasota Committee recommended $31,000 be awarded; that the difference of $21,005 will be added to the $44,600 matching corporate sponsors and/or grants figure; that an example of a good representation of the 30 organizations participating in the Hands of Heritage event would be if he could be an African-American, speaking to the Commission in Russian and Spanish with a Scottish accent; that the Hands of Heritage event is an opportunity for the City to enroll every neighborhood, faith, tradition, and ethnic organization to celebrate 100 years as. a Cityi that the Heritage Multi Cultural Committee is a volunteer team of over 50 individuals; that the goal is to enlist every neighborhood and organization in Sarasota to participate in the event. Ms. Feltz stated that the Celebrate Sarasota Committee recommended a grant in the amount of $31,000 be awarded to the Hands of Heritage event; that the hope is the Commission will reconsider the original request for $52,005; that endorsement by the Commission will be utilized to assist in obtaining additional matching funds and grants. DRAFT ONE Page 24742 02/03/03 2:30 P.M. DRAFT ONE Page 24743 02/03/03 2:30 P.M. Commissioner Quillin stated that the Florida Neighborhoods Conference will be held in Sarasota during the month of September 2003; that people from all over the State will be attending; that the Hands of Heritage event should be held in September 2003; that an alternative location should be determined; that utilizing one of the local high schools to host the Hands of Heritage event is suggested; that Sarasota High School and Alta Vista Elementary have large, close together facilities which can be utilized; that Booker High School is larger with a performing arts area and a gymnasium. Mayor Mason stated that parking could be an issue at Booker High School. Ms. Feltz asked the date of the Florida Neighborhoods Conference? Vice Mayor Palmer stated that the Florida Neighborhoods Conference is scheduled for September 11 through 13, 2003. Commissioner Quillin stated that the proposed $44,600 figure for matching corporate sponsors and/or grants seems low; that a larger amount of funding can be raised; that several corporations would be happy to sponsor the event. Ms. Feltz stated that one suggestion made during the individual meetings with the Commissioners was to utilize any funding remaining from the Hands of Heritage event to fund a legacy which celebrates cultural diversity in Sarasota; that the idea is excellent. Commissioner Quillin stated that the City should be responsible for providing a commemorative piece for the 100th year anniversary celebration; that the $31,000 grant recommended by the Celebrate Sarasota Committee is supported. Ms. Feltz stated that all grants received are gifts to the community; that the Hands of Heritage event is the first of its kind in which the City will come together to celebrate the City's 100th year anniversary. Commissioner Servian stated that the October 17 and 18, 2003, dates are supported; that attempting to host the Hands of Heritage event during the Florida Neighborhoods Conference is not desired; that most of the Commissioners will be involved with the Florida Neighborhoods Conference and cannot be in two places at once; that funding in excess of $31,000 cannot be allocated; that funding is limited and if increased would not be available for other Celebrate Sarasota grant requests; that the Heritage Multi Cultural Committee is commended for their efforts; that the hope is the Hands of Heritage event will be a marvelous celebration. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to approve the recommendation of the Celebrate Sarasota Committee to allocate funds not to exceed $31,000 for the Multi Cultural Fair: Hands of Heritage event. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin stated that the Heritage Multi Cultural Committee should begin grant writing immediately. Ms. Felts agreed; and stated that the deadline for the Community Foundation Grant is March 10, 2003. 9. UNFINISHED BUSINESS: APPROVAL RE : AUTHORIZE ADMINISTRATION TO NEGOTIATE AND EXECUTE A CHANGE ORDER WITH JON SWIFT INC. . TO INCORPORATE THE WORK SPECIFIED IN THE ATTACHED MEMORANDUM OF EXPLANATION TO THE PARK EAST NEIGHBORHOOD IMPROVEMENT PROJECT NOT TO EXCEED $340,000 = APPROVED (AGENDA ITEM VI-2) CD 3:49 through 4:08 William Hallisey, Director of Public Works, and Dale Haas, P.E., Technical Services Division Manager, Public Works Department, came before the Commission. Mr. Hallisey stated that the Park East Neighborhood Streetscape Project includes the installation of sidewalks, brick crosswalks at selected intersections, street trees, period style streetlights, neighborhood gateways with entrance signage, a linear park, and the coordination of utility upgrades; that the project is approximately 75 percent complete; that the project requires a wide variety of construction task coordination; that work was slowed due to the El Nino winter rains and anticipated underground utility conflicts; that work performed to address utility conflicts is traditionally completed by City utility crews; that Lime Avenue will be closed longer than anticipated if City utility crews perform the work; that the current project also provides for the installation of a new curb on the west side of Lime Avenue and the rebuilding and patching of the DRAFT ONE Page 24744 02/03/03 2:30 P.M. DRAFT ONE Page 24745 02/03/03 2:30 P.M. pavement to match the new curb to the existing street; that the process was aggravated as a result of required drainage from properties to the curb; that some driveways of the properties in the area are lower than anticipated; that an unintended consequence of a new curb is holding water back on private properties; that the entire street is scheduled for milling and resurfacing under the City's annual milling and resurfacing program following the streetscape project; that the process would be to mill the road down and build the road back upi that the base of the roadway must be reconstructed since the curb is lower than anticipated; however, the utility lines in the area are 1 to 1.5 feet in depth directly under the base; that utility lines are generally 36 inches in depth; that the result is a two-pronged problem addressing the utility issue and the re- contouring of the roadway. Mr. Hallisey continued that roadway and utility contractors are best suited to perform the necessary work; that the contractor involved in the current project has agreed to bring in roadway and utility contractors under a change order to the existing contract; that the roadway contractor will perform the re- contouring of the road; that the utility contractor will work closely with the roadway contractor to lower the utility lines in the area; that issuing a change order to the contract and accelerating the necessary work will result in the reopening of Lime Avenue in approximately 2.5 to 3 weeks; that a large roadway contractor with specialized equipment will be utilized; that the concern is a protracted project if City utility crews perform the work; that the recommendation is for the Commission to authorize the Administration to negotiate and execute a change order not to exceed $340,000 with Jon Swift, Inc., to complete the work under the existing Park East Neighborhood Improvements contact; that the utility portion of the work is approximately $136,000; that $100,000 is already allocated for resurfacing and milling in the area; that additional funding is available each year in the Utility Renewal, Replacement and Improvement Fund of the Capital Improvement Program (CIP) for upgrading and adjusting utilities associated with roadwork; that the remaining funds will be transferred from the Environmental Land Management Study (ELMS) Gas Tax Fund. Commissioner Servian asked if archived information or plans of existing utilities are available prior to bidding a project? Mr. Haas stated that a considerable amount of research and field work to locate utilities is performed prior to bidding a project; that the issue concerns the depth of the utility lines which is not recorded; that a significant number of utility lines in the City were installed 50 to 60 years ago; that detailed records were not kept; that a three dimensional model of all the utilities in the City does not exist. Commissioner Servian asked if the Geographic Information System (GIS) will provide such information for the future? Mr. Haas stated no; that a subsurface utility engineering process called Soft Dig provides better information; that the City has paid a significant amount of money for an engineering company to vacuum-excavate small holes, reach down, touch, and identify each utility for various projects throughout the City; however, the small 1- and 2-inch galvanized water service pipes installed years ago are the problem with the utilities in the Lime Avenue area; that utilizing subsurface utility excavation for every water meter along Lime Avenue is not cost effective. Commissioner Servian stated that $340,000 is a significant amount of money for two weeks worth of work. Mr. Hallisey stated no; that the work will be performed in 2 to 3 weeks; however, the majority of the cost is for the utility lines; that portions of the work will impact ingress/egress to adjacent properties; that milling and resurfacing of the entire street will be done during the daylight hours; that material necessary to rebuild a roadway is expensive. Commissioner Servian asked if a contractor is responsible for identifying every aspect of a project such as the utility problems and, if SO, is financially responsible for the unintended consequences? Mr. Haas stated no; that a survey is conducted of the right-a- way and matched with known utility information derived from information from the Public Works Department, the local telephone company, and the local gas companyi that some records are 50 to 60 years old; that the City cannot predict each situation with 100 percent certainty but can be reasonably close; that change orders are a result of unknown conditions; that a road base may vary from shell, to asphalt, to soil cement base; that several of the older roads in the City consist of a 4- to 6-inch soil cement base with 1 to 1.5 inches of hot-top asphalt above the base; that addition asphalt is then laid over DRAFT ONE Page 24746 02/03/03 2:30 P.M. DRAFT ONE Page 24747 02/03/03 2:30 P.M. the top throughout the years; that some sections may even consist of sugar sand as a base. Mr. Hallisey stated that the question is if the City is aware of the pre-existing condition and includes the pre-existing condition in the bid specification, would the contractor be responsible to pay for additional work if necessary; that the answer is yes; however, unfortunately some conditions of the Park East Neighborhood Streetscape Project were unknown and determined after the drainage issue and the necessity to lower the curb were discovered. Commissioner Quillin referred to the Agenda Request form included in the Agenda backup material and stated that $203,440 of the ELMS Gas Tax Fund will be utilized to fund the resurfacing of the roadways. Mr. Hallisey stated that is correct. Commissioner Quillin asked which roads will not be resurfaced this year? Mr. Hallisey stated that the bids for roadway resurfacing have been received; that the only roadway being deleted from the original resurfacing program for which the bids were received is Lime Avenue. Commissioner Quillin stated that the reason is the resurfacing of Lime Avenue is through a different funding source. Mr. Hallisey stated that is correct; that other roads could be resurfaced if the proposed project were not being undertaken; that a request will be made during the presentation of the Capital Improvement Program for fiscal year (FY) 2003/04 to increase the funding for road resurfacing as the resurfacing program should be accelerated. Commissioner Quillin stated that the Commission should be aware of the roads which are scheduled for resurfacing if the bids have been received. Mr. Hallisey stated that a recommendation for award with a listing of roads is scheduled for the February 18, 2003, Regular Commission meeting. Commissioner Martin asked if efforts will be made to perform most of the work at night? Mr. Haas stated yes; that demolition of the west half of the existing roadway from Fruitville Road to north of Tenth Street will be conducted at night; that the asphalt will be removed with a backhoe and a new asphalt base will be installed; that asphalt can be laid, compacted, and driven on the next day; that a typical soil cement or shell base requires several weeks to cure. Commissioner Martin stated that the understanding is the milling and the resurfacing work will be conducted during the day; and asked the reason the milling and resurfacing will not be completed during the night? Mr. Haas stated that the work locations for the asphalt crews, temperatures, and safety are the reasons the milling and resurfacing will be conducted during the day; that drivers do not always pay attention to nighttime roadway construction work zones. Mayor Mason stated that the Public Works Department should work with the Neighborhoods Department to notify the Park East Neighborhood Association and the businesses of the construction schedule. Mr. Haas stated that the Public Works Department has been notifying the residences and businesses in the area of detours, waterlines shut down, etc. Mayor Mason stated that the neighborhood should be aware of the construction schedule as soon as possible; that the construction causes inconveniences for people although the work is for the betterment of the City. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to authorize the Administration to negotiate and execute a change order with John Swift, Inc., to incorporate the work specified in the memorandum of explanation attached to the Park East Neighborhood Improvement Project in an amount not to exceed $340,000. Vice Mayor Palmer stated that $340,000 is a significant amount of money and may appear to the public as if a major mistake was made which requires the appropriation of additional funds to correct the mistake; that information should be provided to the public to explain the reasons for the additional expenditure. Commissioner Quillin referred to a January 30, 2003, memorandum, to the City Commission from Dale Haas, P.E., Technical Services DRAFT ONE Page 24748 02/03/03 2:30 P.M. DRAFT ONE Page 24749 02/03/03 2:30 P.M. Division Manager, Public Works Department, regarding the Park East Neighborhood Streetscape Project and stated that the memorandum indicates the reasons for the additional expenditure. Mayor Mason stated that the request is for information explaining the additional expenditure be provided to the public. Vice Mayor Palmer agreed. Mr. Hallisey stated that the information will be provided as part of the construction notification of the after hours work. Mayor Mason called for a vote on the motion to authorize the Administration to negotiate and execute a change order with John Swift, Inc., to incorporate the work specified in the attached memorandum of explanation attached to the Park East Neighborhood Improvement Project in an amount not to exceed $340,000. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. City Manager McNees stated that Mr. Haas deserves special recognition for his efforts to enhance Main Street in advance of the Sarasota Film Festival. Mr. Haas stated that the enhancement could not have been accomplished without the cooperation of the contractor and Staff of the Public Works Department; that everyone worked very hard in the cleanup effort. Vice Mayor Palmer stated that she intended to read the following statement during Commissioner Remarks: Congratulations to City Staff for doing such a great job with the streetscape on Main Street in front of the Hollywood 20 Theatre complex for the Sarasota Film Festival. 10. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF SARASOTA AND COOPER, ROBERTSON AND PARTNERS LLP, (R.F.P. #03-08M) FOR PREPARATION OF A CULTURAL DISTRICT MASTER PLAN FOR AN AMOUNT NOT TO EXCEED $250,000 - APPROVED (AGENDA ITEM VI-3) CD 4:08 through 4:30 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 7, was removed from the Consent Agenda by Vice Mayor Palmer and is now Unfinished Business Agenda Item VI-3; that the item concerns approval of a contract between the City and Cooper Robertson and Partners, L.L.P., for preparation of a Cultural District Master Plan. Vice Mayor Palmer stated that an item which costs $250,000 should not be on the Consent Agenda; that she is aware of concerns throughout the community regarding the Cultural District Master Plan; that additional background information should be presented so the public can understand the intent of the Cultural District Master Plan. City Manager McNees stated that funding for the Cultural District Master Plan is budgeted for fiscal year (FY) 2002/03; that the item is not a new item and has been previously discussed which is the reason the item was on the Consent Agenda. Commissioner Servian stated that the dollar amount is not the issue; that items much higher than $250,000 have been on the Consent Agenda; that the public is unaware of the purpose and the physical parameters of the Cultural District Master Plan; that a more detailed explanation of the Cultural District Master Plan would be helpful. John Burg, Chief Planner, Planning Department, came before the Commission and stated that the Cultural District Master Plan is an outgrowth of the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) which was adopted in January 2001; that a detailed scope of work was developed and presented to the Commission on November 4, 2002; that the City issued a Request for Proposals (RFP) from qualified individuals/Firms for the preparation of a Cultural District Master Plan; that on December 10, 2002, seven firms submitted proposals; that on December 17, 2002, the Consultant Evaluation Committee met and short-listed four firms for interviews and ranked the firms in the following order of preference after the interviews: Cooper Robertson and Partners, L.L.P.; - Sasaki Associates Inc.; - Cardinal, Carlson and Partners Inc.; and Hellmuth, Obata and Kassabaum, Inc. DRAFT ONE Page 24750 02/03/03 2:30 P.M. DRAFT ONE Page 24751 02/03/03 2:30 P.M. Mr. Burg continued that a master plan can be general or specific; that the cost of a master plan rises as the master plan becomes more specific, detailed, and precise; that the geographic boundaries of the Cultural District Master Plan are less than the boundaries of the Downtown Master Plan 2020. Mr. Burg further stated that the scope of work from Cooper Robertson and Partners, L.L.P., includes a detailed analysis of existing conditions such as land use, building form, pedestrian circulation, vehicular circulation, parking, and natural plans; that existing City plans such as the Downtown Master Plan 2020, the Downtown Parking Master Plan, the Downtown Mobility Study, the Tamiami Trail Scenic Corridor Plan, and other relative studies will be reviewed; that relative information from leaseholders within the study area will also be reviewed; that a subconsultant for Cooper Robertson and Partners, L.L.P., AMS's Arts Vision, (AMS) will conduct a market analysis which will include the following: A comprehensive analysis of demographic and lifestyle data for the Sarasota market area; An analysis of available attendance data for local performing arts organizations; A review of local and regional market conditions, including an overview of trends in population and economic growth in the area and projections; A comparative analysis of arts and cultural program attendance data and trends nationally; A survey of potential users; and An inventory of current pertorming arts programming in the proposed Cultural District area. Mr. Burg stated further that the results of the market analysis will be documented in a report to the City; that a set of Master Plan Design Principles will be developed to serve as a criteria for evaluating the Cultural District Master Plan during development; that the charrette period is one day; that the intent is to bring together the community and various stakeholders to determine the general vision for the area; that a draft Cultural District Master Plan will be developed and presented through a series of public forums to obtain feedback from the community; that a final Cultural District Master Plan will be developed and presented through a formal adoption process similar to the adoption process of the Downtown Master Plan 2020. Commissioner Servian asked the geographic boundaries of the study area? Mr. Burg stated that the geographic boundaries include two areas; that the primary study area is the City-owned land in the Cultural District bounded by the Boulevard of the Arts to the south, Tamiami Trail to the east, and the Tenth Street boat facility to the north; that the secondary study area is from Centennial Park to Gulf Stream Avenue which includes the Sarasota Quay and the Ritz-Carlton Hotel and Condominiums. Commissioner Servian asked if the study area includes the John and Mable Ringling Museum of Art (Ringling Museum) and the universities in the area? Mr. Burg stated no; however, the assumption is AMS will evaluate the Ringling Museum and the universities in the area as part of the market analysis. Commissioner Servian stated that the Ringling Museum and the universities in the area impact the City and should not be ignored; and asked the cost comparisons between the other ranking consultants? Mr. Burg stated that the cost differential between the four short-listed consultants is less than .5 percent. Vice Mayor Palmer asked the amount of the highest proposal? Mr. Burg stated that $250,000 is the highest proposal. Commissioner Martin stated that the proposed timetable for developing the Cultural District Master Plan is 8 months. Mr. Burg stated that is correct; however, the consultant should take into consideration the summer months; that major public forums should not be held during the summer. Commissioner Martin stated that the amount of public process is a concern; and asked the length of time for the charrette? DRAFT ONE Page 24752 02/03/03 2:30 P.M. DRAFT ONE Page 24753 02/03/03 2:30 P.M. Mr. Burg stated that the charrette will be a one day process; that the style will be different than the style presented by Duany Plater-Zyberk & Company (DPZ) during the development of the Downtown Master Plan 2020; that the Downtown Master Plan 2020 was designed during the charrette; that the charrette for the Cultural District Master Plan will include significant communication; however, the designing of the Cultural District Master Plan will occur at the offices of Cooper Robertson and Partners, L.L.P. Commissioner Martin asked if the Consultant Evaluation Committee questioned the amount of public input or if the one-day charrette was acceptable? Mr. Burg stated that the impression by the consultant was the one-day charrette would have limited attendance; that Staff has indicated to the consultant the charrette may be heavily attended. Commissioner Martin stated that the development of the scope of work in-house without sufficient input from other stakeholders in the community is a concern; that the Challengers of the Downtown Master Plan 2020 desired involvement in the development of the scope of work for an economic analysis studyi that a similar concern is for the stakeholders involved in the Cultural District Master Plan; that $250,000 is a significant amount of money; that the community's perception of the Cultural District Master Plan is a concern; that the public input process seems abbreviated and does not engage the community. Mr. Burg stated that Staff will meet with all the stakeholder groups to explain the process and solicit ideas; that three major public meetings are scheduled throughout the community in addition to the one-day charrette. Vice Mayor Palmer stated that she assumed additional public input would occur; that the Cultural District Master Plan was derived from the Downtown Master Plan 2020; that a large amount of public input has already been received; that Cooper Robertson and Partners, L.L.P., should provide an opportunity for all the people in the community to participate as the process moves forward; that the Bayfront is important and is one of the gems of Sarasota. Commissioner Servian stated that the Commission should have the opportunity to provide input during the RFP process for projects which impact the City such as a master plan; that the Commission did not have an opportunity to review the RFP submittals. Commissioner Quillin stated that reviewing RFP submittals is not a policy decision for the Commission. Commissioner Servian stated that reviewing RFP submittals may provide the Commission with the opportunity to request items such as additional public input or a longer charrette period; that specific requests can be forwarded to the individuals who submitted the RFPs; that reviewing the RFP submittals is a policy decision; that the Commission should be setting the policy for a desired results of a master plan; that Commission input at the end of the process seems backwards; that the Commission should not be involved in the ranking of RFP submittals but rather have the opportunity to submit comments regarding the RFP submittals. City Manager McNees stated that the RFP was brought before the Commission at the November 4, 2002, Regular Commission meeting to solicit specific comments related to the desired scope of work; that the suggestion to provide comments regarding the RFP submittals is good but politicizes the vender selection process. Commissioner Servian stated that the suggestion is not to provide input in the ranking of the RFP submittals. City Manager McNees stated that the suggestion could lead to potentially politicizing the vender selection process; that providing comments and requests as an individual Commissioner in the vender selection process is not recommended. Commissioner Servian stated that comments and requests should be provided to Staff prior to the development of the RFP. Commissioner Quillin stated that additional public input in the development of the Cultural District Master Plan is desired; that the second ranked RFP submittal should be chosen if Cooper Robertson and Partners, L.L.P., cannot provide the opportunity for additional public input; that the Cultural District Master Plan is very important to the community; that reviewing RFP submittals is not desired; that Staff is aware of the request for additional public input. Mayor Mason stated that the request is for the opportunity for additional public input; that a one-day charrette is not adequate DRAFT ONE Page 24754 02/03/03 2:30 P.M. DRAFT ONE Page 24755 02/03/03 2:30 P.M. time to allow inclusion of all the stakeholders in the Cultural District Master Plan process. Mr. Burg stated that several opportunities will occur for groups to provide public input. Commissioner Quillin stated that the concern is adequate opportunity is not available for the general public to provide input. City Manager McNees stated that the need for public support in the development of the Cultural District Master Plan is recognized; that the inability to process a significant amount of public input is a concerni that Staff will ensure ample opportunity, notice, and encouragement for members of the public to come forward to provide input. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to authorize the negotiation of a contract with Cooper Robertson and Partners, L.L.P., for preparation of the Cultural District Master Plan for an amount for to exceed $250,000, and for the Mayor and the City Auditor and Clerk to execute the same. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 11. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 4:30 through 4:30 There was no one signed up to speak. The Commission recessed at 4:30 p.m. and reconvened at 6 p.m. 12. COMMISSION PRESENTATION RE : EMPLOYEE OF THE MONTH FOR JANUARY 2003, ROBERT DUNHAM, SUPERVISOR, CENTRAL STORES (AGENDA ITEM VIII-1) CD 6:02 through 6:08 Mayor Mason requested that City Manager McNees, Nancy Carolan, Director of General Services, and Robert Dunham, Supervisor, General Services Department/Central Stores and Employee of the Month for January 2003, join her at the Commission table for the presentation. Ms. Carolan stated that during the presentation of Employee of the Month, the City has the opportunity to honor employees; that introducing Mr. Dunham as the January 2003 Employee of the Month is a distinct pleasure; that Mr. Dunham is the supervisor in the Central Stores of the City's General Services Department; that Mr. Dunham has been employed by the City since 1980; that promoting Mr. Dunham to supervisor in 1999 was a pleasure; that Mr. Dunham truly deserves the position; that Mr. Dunham operates a department which is not in the forefront of City government; that Mr. Dunham works behind the scenes ensuring City departments have the necessary tools in a timely manner to perform required tasks; that Van Wezel Performing Arts (VWPAH) Staff nominated Mr. Dunham as Employee of Month; that Mr. Dunham provided excellent service to VWPAH Staff; that VWPAH Staff realized earplugs were necessary for the ushers at the VWPAH due to loud rock concerts; that the thought was Central Stores may carry earplugs; that Mr. Dunham responded immediately to an electronic mail from VWPAH Staff requesting earplugs and indicated earplugs were in stock; that finding a use for the earplugs was pleasing; that the earplugs were delivered to the VWPAH within 30 minutes which was remarkable; that the service provided by Mr. Dunham is one example of the many tasks Mr. Dunham juggles during the course of daily business; that Mr. Dunham must ensure the City's priorities are met; that the City's priorities are ever changing; that Mr. Dunham ensures adequate stock is available during hurricane season for necessary materials which may be required by Public Works and other departments; that Mr. Dunham's efforts assist in averting potential disaster; that Mr. Dunham also provides twice weekly delivery service. City Manager McNees stated that the nomination for Mr. Dunham for Employee of the Month is unique since Mr. Dunham was not nominated by a supervisor or an employee in the General Services Department but rather by VWPAH Staff; that Mr. Dunham only occasionally has the opportunity to provide service to VWPAH but was attentive to VWPAH Staff requests and provided outstanding service; that Mr. Dunham's hard work is appreciated. Mayor Mason stated that Mr. Dunham has been employed with the City for a long time, prior to her coming to work for the City in 1983; that Mr. Dunham has served the City with excellence and pride; read the Employee of the Month plaque in its entirety, presented Mr. Dunham with a City-logo watch, a plaque, and a certificate as the January 2003 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for an outstanding effort. DRAFT ONE Page 24756 02/03/03 2:30 P.M. DRAFT ONE Page 24757 02/03/03 2:30 P.M. Mr. Dunham recognized his mother, Erin Dunham, his sister, Carolyn Hereford, and Anna Dawson, Assistant to the Executive Director of the VWPAH, present in the audience; and stated that the award is appreciated; that working for the City is a pleasure. 13. COMMISSION PRESENTATION RE: CONTRIBUTION IN THE AMOUNT OF $1,000 FROM THE HISTORICAL SOCIETY OF SARASOTA COUNTY TOWARD THE REBUILDING OF THE LIDO POOL (AGENDA ITEM VIII-2) CD 6:08 through 6:11 Mayor Mason requested that Suzette Blue, Vice President, Arnold Berns, President, and Peter Estehus, Treasurer, Historical Society of Sarasota County (Historical Society), and Chris Blue, representative of the Ad Hoc Citizens Committee for the Lido Pool, join her at the Commission table for the presentation. Ms. Blue stated that $1,000 is being presented on behalf of the Historical Society to the City of Sarasota Lido Pool Trust Account; that the amount is a modest gesture which will hopefully encourage other groups, organizations, individuals, and businesses to contribute to the Lido Pool Trust Account; that contributions will assist in the rejuvenation of the Lido Pool and surroundings; and presented a check for $1,000 to the Mayor. Mayor Mason stated that the gesture is wonderful and will assist in bringing back an important piece of the City's history; that the contribution is appreciated. 14. SCHEDULED PRESENTATION RE: : THE WOMEN' S LEGAL FUND OF SARASOTA COUNTY (AGENDA ITEM IX-1) CD 6:12 through 6:20 Commissioner Martin stated that a request was made for the special presentation to encourage awareness of non-profit organizations which serve the social needs of the community; that the Women's Legal Fund is particularly impressive; that the Women's Legal Fund responds to clients in times of immediate need; that the presentation was scheduled to provide the Commission and the community with an overview of the services provided by Women's Legal Fund. Cheri Downie, Executive Director, The Women's Legal Fund of Sarasota County, Inc., came before the Commission and stated that divorce is mentally and emotionally exhausting; that divorce throws essentially every facet of life into upheaval including: money, housing, family, friendships, career, parenting, self-esteem, and trust; that divorces are expensive; that hiring a divorce lawyer is not always possible; that the least expensive retainer quoted by divorce attorneys is approximately $1,500. Ms. Downie continued that a person not able to afford a divorce attorney contacts the Department of Revenue Child Support Enforcement Office as a first attempt to obtain assistance for the children; that the process for collecting child support payments is unfortunately six to eight months behind; that the reality of the seriousness of the situation becomes very apparent to the person; that Legal Aid of Manasota is then contacted; that Legal Aid of Manasota asks the combined income of the family as well as if a restraining order against the spouse is in place; that divorce cases are only taken in instances involving domestic violence with a current restraining order in place; that Legal Aid of Manasota cannot provide assistance if the combined income exceeds the financial eligibility requirements and a restraining order is not in place. Ms. Downie further stated that Gulf Coast Legal Services is then contacted; that Gulf Coast Legal Services requires a current restraining order in place prior to providing assistance; that the telephone number of the Family Law Self Help Network is provided; that the Family Law Self Help Network provides a Divorce Packet which can be purchased for $25 to assist with filing court documents without an attorney; that the court documents are quite involved and cost approximately $280 to file; that filing for divorce without an attorney is not recommended for families with children and certainly not appropriate if the spouse will contest the divorce. Ms. Downie stated further that the Women's Legal Fund is contacted as a final resort; that a representative is always available to answers questions and to listen to problems; that an appointment is made after identifying the person qualifies for services by being a Sarasota County resident of at least six months, having minor children, making less than $19,000 a year, and having no current restraining order in place against the spouse; that a two month waiting period exists prior to being placed with an attorney; that the person realizes a positive DRAFT ONE Page 24758 02/03/03 2:30 P.M. DRAFT ONE Page 24759 02/03/03 2:30 P.M. step has been made; that the Women's Legal Fund has provided remarkable relief. Ms. Downie stated that a significant number of questions are answered during the Women's Legal Fund interview; that some, if not most, fears are alleviated; that a caring and respectful environment is provided; that telephone numbers of other agencies which may be of assistance are provided. Ms. Downie continued that going through a divorce without legal representation can be traumatic; that the Women's Legal Fund fills the gap in legal services in Sarasota by providing free qualified family law attorneys to individuals meeting the eligibility guidelines; that affected families would have nowhere to turn for legal assistance without the services provided by the Women's Legal Fund; that the Women's Legal Fund has a minimal budget and employs only one staff person; that the Women's Legal Fund contracts with attorneys for a flat fee of $1,000 per eligible case; that $1,000 is considerably lower than the normal cost of a divorce which is upwards of $3,000 per spouse; that the need for the services provided by the Women's Legal Fund unfortunately continues to increase at an alarming rate; that current contributions are not covering the demand for services; that the waiting list is long; that many families on the waiting list are in critical situations. Commissioner Martin asked for contact information. Ms. Downie stated that the Women's Legal Fund office is located at 1750 17th Street; that services are provided Monday through Friday; that the telephone number is 952-9899; that being provided the opportunity to discuss the services provided by the Women's Legal Fund is appreciated. Commissioner Quillin stated that the services and efforts provided by the Women's Legal Fund are appreciated; that the presentation was good; that divorce is a devastating time in a person's life. Mayor Mason requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 15. NON QUASI-JUDICTAL PUBLIC HEARING RE : TO CONSIDER THE PROPOSED EASTWOOD , AVION, POINSETTIA PARK TRAFFIC CALMING MASTER PLAN DEVELOPED BY THE TASK FORCE COMMITTEE APPROVED TRAFFIC CALMING MASTER PLANS FOR THE EASTWOOD AND AVION NEIGHBORHOODS; AUTHORIZED CONSTRUCTION OF SPEED TABLES ON GOLDEN SANDS DRIVE, / PARKLAND AVENUE, EAST CORNELIUS CIRCLE AND EIGHTH STREET; DIRECTED THE ADMINISTRATION TO SEND A LETTER TO THE COUNTY SUPPORTING CONSTRUCTION OF A MEDIAN ON PARKLAND AVENUE AT BENEVA ROAD i AND SUPPORTING INSTALLATION OF FLASHING SCHOOL ZONE SIGNALS ON EIGHTH STREET AND TUTTLE AVENUE (AGENDA ITEM X-A-1) CD 6:21 through 6:21 Mayor Mason opened the public hearing and requested that Staff come forward for the City's presentation. Natalie Rush, Transportation Planner, Engineering Department, came before the Commission and stated that the Eastwood, Avion, and Poinsettia Park Traffic Calming Task Force (Task Force) was formed in July 2002 in response to requests for traffic calming in the Eastwood, Avion, and Poinsettia Park neighborhoods; that the Task Force informed Staff of the problem streets within the neighborhoods; that a majority of the streets identified within the neighborhoods were studied; that the Task Force developed Traffic Calming Master Plans for the Eastwood and Avion neighborhoods; that the recommendation for the Eastwood neighborhood is five speed tables on Golden Sands Drive between Parkland Avenue and Fruitville Road and three speed tables on East Cornelius Circle between Colorado Street and Davis Boulevard; that the recommendation for the Avion neighborhood is to construct four speed tables on Eighth Street between Tuttle Avenue and Lockwood Ridge Road; that the Poinsettia Park traffic calming study indicated traffic calming is not warranted at this time. DRAFT ONE Page 24760 02/03/03 2:30 P.M. DRAFT ONE Page 24761 02/03/03 2:30 P.M. Ms. Rush displayed a bilingual survey card on the Chamber monitors and continued that the survey was sent to property owners on the streets which qualified for traffic calming in December 2002; that the survey was to solicit support for speed tables; that the results of the survey indicate a significant majority of property owners are in favor of speed tables. Ms. Rush displayed speed table location maps for the Eastwood and Avion neighborhoods on the Chamber monitors and further stated that Staff recommends approving the Traffic Calming Master Plans and authorizing the construction of speed tables on Golden Sands Drive, Parkland Avenue, East Cornelius Circle, and Eighth Street. The following people came before the Commission: Clarence Brien, 419 West Cornelius Circle (34231), stated that the Eastwood neighborhood residents have met and discussed the issue regarding speed tables; that with help from City Engineering Staff, a plan is being proposed with ten speed tables; that ten speed tables will slow traffic in the areas traveling south on West Cornelius Circle; that a 25 mile per hour (mph) sign and a sign indicating the street is not a through street have been posted; that identical signage has been placed traveling west on East Cornelius Circle beginning at Davis Boulevard; that Children at Play signage should be installed in Eastwood Park; that the existing 15 mph signs do not adequately slow traffic; that additional signage or a flag to slow vehicles is necessaryi that signs presently located in Eastwood Park are not legible and are old, dirty, and deteriorated; that the drainage ditches in Eastwood Park and the adjoining property have been cleared once in the past 22 years; that the drainage ditches are full of debris; that picnic benches have been removed from the park, destroyed, and used for bridges or for other uses; that street signs have been mutilated and knocked over by vehicles whose drivers were not able to judge the curvature of the roadway; that a Keep Sarasota Beautiful sign exists on Beneva Road in direct view of a completely destroyed median; that Commission assistance and suggestions in addressing the situation will be appreciated. Mr. Brien referred to a map of the City purchased for $4 and continued that he will be happy to display the map and point out the location of the drainage ditches requiring cleaning; that the expectation as a taxpayer is for having clean drainage ditches; that debris of surplus cement and plaster was seen dumped on a recent stroll through Eastwood Park; that Eastwood Park is on City and County property; that a cooperative effort between the two jurisdictions is required; that the Commission is welcome to review his maps. Ashley Hicks Deets, 722 North Brink Avenue (34237), representing Avion neighborhood, stated that she has resided on Brink Avenue for approximately seven years; that her children attend Tuttle Elementary School; that the School is on Eighth Street and Tuttle Avenue; that the School was originally on Eighth Street and Brink Avenue but was rebuilt after being struck by a tornado; that traffic in the neighborhood is considerable and speeding is a problem; that children walking to the School do not pay attention to vehicles; that children are instead looking at birds, tying shoes, or catching lizards; that construction of the speed tables is important; that Staff's recommendation for the construction of four speed tables on Eighth Street between Tuttle Avenue and Lockwood Ridge Road is most important for the safety of the children; that the belief is the Avion neighborhood may be forgotten since the neighborhood is small and is comprised of working class residents; that the Avion neighborhood is beginning to appear quite rough and requires a significant amount of assistance; that the Commission is requested to assist with improving the Avion neighborhood by beginning with the construction of speed tables. There was no one else signed up to speak and Mayor Mason closed the public hearing. Commissioner Quillin stated that she has been working with the Traffic Calming Task Force; that support is required from the Commission to involve the County; that the County was contacted concerning the drainage issues in Eastwood Park; that two meetings were held with the Countyi that the City requested a median be constructed on Parkland Avenue at the Beneva Road entrance into the Parkland neighborhood; that the area currently appears as a wide open runwayi that the neighborhood has approved construction of a median; that Commission support is necessary to request County participation in constructing a median; that a median would be a wonderful enhancement for the neighborhood and would slow vehicular traffic; that Staff has sent a letter to the County requesting the installation of flashing school zone signals on Eighth Street and Tuttle Avenue; that children cross Tuttle Avenue from the Park East neighborhood; that the traffic is terrible and is a personal concerni that Staff has observed the situation; that Commission DRAFT ONE Page 24762 02/03/03 2:30 P.M. DRAFT ONE Page 24763 02/03/03 2:30 P.M. support is necessary for the County to participate in the installation of flashing school zone signs; that the County has not provided an answer regarding the installation of flashing school zone signals or the installation of a median on Parkland Avenue at Beneva Road; that a median on Parkland Avenue would provide a nice gateway into the Parkland neighborhood; that the City will address the issue regarding stormwater drainage. Ms. Rush returned to the Commission table and stated that Staff has drafted another letter to County Staff concerning the necessity for flashing school zone signals on Tuttle Avenue. Commissioner Quillin stated that a letter from the Commission may result in a more rapid response from the County; that the County should partner with the City regarding the situations. Commissioner Martin stated that the necessity to install flashing school zone signals is clear; that sending a letter from the Commission to the County is supported; that the necessity to install a median is not clear. Mayor Mason stated that the public hearing concerns traffic calming; that the flashing school zone signals and median will be addressed later in the Agenda. Commissioner Quillin distributed and referred to a February 3, 2003, electronic mail received from Maynard Stringer who resides at 285 Parkland Avenue and supports controlling the speed on Parkland Avenue but was unable to attend the Commission meeting. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to approve the Traffic Calming Master Plans for the Eastwood and Avion neighborhoods and authorize the construction of speed tables on Golden Sands Drive, Parkland Avenue, East Cornelius Circle, and Eighth Street. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. Vice Mayor Palmer left the meeting due to illness at 6:36 p.m. Commissioner Quillin stated that Eastwood Park is owned by the City and maintained by the County; that new iridescent Children at Play signs should be posted at Eastwood Park; that Staff will address the stormwater cleanup of the drainage ditches; that the Commission is requested to send a letter to the County supporting the construction of a median on Parkland Avenue at Beneva Road; that installing a median is important to the neighborhood to help reduce the traffic through the neighborhood. Mayor Mason stated that the letter of support should come from the City Manager on behalf of the Commission. Commissioner Quillin stated that the County has not responded to Staff for two months since the last letter was sent. Commissioner Servian stated that the County has probably not responded since construction of a median is not on a list of County priorities; that the method of determining priorities in the unincorporated area is not known; that sending a letter requesting the County at least review the situation and work with City Staff is supported. Mayor Mason stated that hearing the Commission's consensus, the City Manager should send a letter on behalf of the Commission requesting the County review and work with City Staff to construct a median on Parkland Avenue at Beneva Road. Commissioner Quillin stated that a letter of support for installation of flashing school zone signals on Eighth Street and Tuttle Avenue should also be sent. Commissioners Martin and Servian agreed. Mayor Mason stated that hearing the Commission's agreement, the City Manager should send a letter to the County requesting installation of flashing school zone signals on Eighth Street and Tuttle Avenue. 16. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4439, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1770 NORTH TAMIAMI TRAIL, HISTORICALLY KNOWN AS THE TWIN MOTEL, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 03-HD-01, APPLICANT ARNOLD BERNS, AGENT) PASSED ON FIRST READING WITH A CHANGE IN THE NAME TO THE TWIN MOTEL = THE NORTH PORTION (AGENDA ITEM X-B-1) CD 6:41 through 6:52 DRAFT ONE Page 24764 02/03/03 2:30 P.M. DRAFT ONE Page 24765 02/03/03 2:30 P.M. Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. Commissioner Quillin left the Chambers at 6:41. City Attorney Taylor stated that the requirements of quasi- judicial public hearings were defined by the courts; 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 presentation and three minutes for rebuttal; that the City will have five minutes for 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 propertyi; however, 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 Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination; that Historic Designation Application No. 03-HD-01 as incorporated in proposed Ordinance No. 03-4439 is for historic designation of a motel located at 1770 North Tamiami Trail, historically known as the Twin Motel. Mayor Mason stated that hearing the Commission's agreement, the recommended time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Quillin returned to the Chambers at 6:42 p.m. Mayor Mason and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing; and requested the Applicant come forward. Arnold Berns, agent for the owner, came before the Commission and stated that Historic Designation Application No. 03-HD-01 has been amended to include a change from the historically known name of the Twin Motel to the Twin Motel - the North Portion (Twin Motel); that the building was originally one motel and was split in 1961; that the address of the Twin Motel is 1750 North Tamiami Trail (US 41); that his personal address is 1770 North Tamiami Trail; that differentiating between the two portions of the property is important sO neither portion of the property affects the other; that the Commission is requested to accept the name change as part of the Application. City Attorney Taylor stated that the change is acceptable. Mr. Berns stated that presenting the Twin Motel for historic designation is a source of pride; that the Twin Motel could be the first historically designated motel in the City and the second in the State; that motels came into vogue in the 1950s due to use of vehicles after World War II; that extensive research has been conducted concerning the reasons motels became popular and the manner in which motels grew in the City; that motels were important to the City as visitors came to the City after World War II and did not wish to stay in bungalows which were common on the North and South Tamiami Trail. Mr. Berns referred to photographs of the Twin Motel in the 1960s on the Chamber monitors and included in the Agenda backup material, and continued that the daughter of the original owner now residing in Sweden sent pictures of the Twin Motel and the original owner at the time the Twin Motel was constructed in 1949; that historical research is difficult but fun; that similar research has been conducted in other cities; that improving areas which are downtrodden and assisting a city with improving areas is a pleasure; that history is loved, particularly the history of Sarasota; that the Twin Motel has distinct original features; that the first owners owned the Twin Motel for 30 years and the next owner for four years; that the area has since become downtrodden, run-down, and a haven for drug users and dealers; that the Twin Motel was purchased on DRAFT ONE Page 24766 02/03/03 2:30. P.M. DRAFT ONE Page 24767 02/03/03 2:30 P.M. January 31, 2002; that a call was made to the Salvation Army on February 1, 2002, requesting every piece of furniture in the Twin Motel be removed; that having the area cleaned up and removing the vagrants and drug dealers was difficult; that the Mayor was approached for assistance; that the Mayor directed him to the Sarasota Police Department (SPD); that the SPD worked very hard to clean up the area; that complaints were continually made and the SPD continually responded; that the area has changed; that the belief is the Twin Motel is now respected by most people in the area; that work has been conducted with Staff concerning the Enterprise Zone; that the belief is the Enterprise Zone will make a difference in the community as will the Twin Motel. Mr. Berns further stated that the Twin Motel is painted in the Miami Art Deco style to indicate the Twin Motel is no longer a motel but is a business; that a significant amount of historic preservation has been completed; that the concept was for a new use for the Twin Motel while keeping the building intact; that the desire is not to change the doors or roof; that some changes have occurred such as installation of an Americans with Disabilities Act (ADA) compliant bathroom; that the original doors and windows still remain in the bathroom; that the Twin Motel exhibits traits common to ranch style architecture as defined by the Art and Architecture Thesaurus as asymmetrically massed, one-story structures with low pitched roofs and rambling shapes; that the Twin Motel is constructed of materials which became prevalent in the 1950s such concrete, steel, and iron; that the foundation of the motel is concrete with concrete block exterior bearing walls; that steel encasement windows adorn the outside; that most windows contain the original glass panes; that the roof is concrete barrel tile which is influenced by Mediterranean revival style architecture; that the roof hangs over the front of the building creating a covered walk in front of the doors and is supported by iron poles; that the interior walls are wood frame; that each room consists of a tiled bathroom and bedroom; that the rooms in the corners and on the ends of the L shaped building are laid out as apartments; that each apartment contains a kitchen, bedroom, and living room; that colors on the outside or the inside of buildings do not impact the historical nature; that the color of the building is used by the Director of Architecture for the State's Bureau of Historic Preservation in Tallahassee, Florida, as an example of using color to enhance a building. Mr. Berns stated further that the Sarasota Herald-Tribune Staff indicated Tamiami Trail can never be a scenic highway; that pink flamingos will never appear on Tamiami Trail; that the concept is wrong; and displayed a photograph of pink flamingos in front of the Twin Motel. Mayor Mason requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning Department, came before the Commission, referred to photographs of the Twin Motel on the Chamber monitors and stated that Historic Designation Application No. 03-HD-01 as incorporated in proposed Ordinance No. 03-4439 is to historically designate the structure located at 1770 North Tamiami Trail, historically known as the Twin Motel; that Staff from the Sarasota County Department of Historical Resources determined the structure possesses integrity of location, design, setting, materials, workmanship and association and is of historical significance; that at its December 10, 2002, meeting, the Historic Preservation Board unanimously recommended the historic designation of the structure located at 1770 North Tamiami Trail, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (2002 Ed.): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America. Mr. Burg stated that he concurs with the change in the name from the Twin Motel to the Twin Motel = the North Portion; that the City Attorney's Office was made aware of the change earlier; that both the County Historical Resources Staff and the City Attorney's Office are comfortable with the name representing the historic nature of the building as well as providing the distinction desired by the Applicant. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4439 by title only. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 03-4439 on first reading. Mayor Mason requested that City Auditor and DRAFT ONE Page 24768 02/03/03 2:30 P.M. DRAFT ONE Page 24769 02/03/03 2:30 P.M. Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Quillin, yes; Servian, yes; Martin, yes. 17. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 6:52 through 6:52 There was no one signed up to speak. 18. NEW BUSINESS: APPROVAL RE : REQUEST FOR THE MAYOR TO SIGN A LETTER TO THE MAYOR AND TOWN COMMISSIONERS OF THE TOWN OF LONGBOAT KEY ADVISING THAT THE DESIGNATION OF US 41 ALONG THE BAYFRONT AS A SCENIC HIGHWAY WILL NOT RESULT IN A NARROWING OF THE ROADWAY TO TWO LANES AND REQUESTING THEIR ASSISTANCE IN EDUCATING THE PUBLIC IN THAT REGARD AUTHORIZED THE MAYOR TO SIGN A LETTER TO THE TOWN OF LONGBOAT KEY REGARDING THE DESIGNATION OF US 41 ALONG THE BAYFRONT AS A SCENIC HIGHWAY, ; EXPLAINING THE DOWNTOWN MOBILITY STUDY AND COPYING THE LOCAL MEDIA; DIRECTED THE ADMINISTRATION TO BRING BACK GENERAL ISSUES FOR DISCUSSION PRIOR TO SCHEDULING A JOINT MEETING WITH THE TOWN OF LONGBOAT KEY (AGENDA ITEM XIII-1) CD 6:52 through 6:59 Commissioner Quillin stated that the item was placed on the Agenda since the Director of the Sarasota/Manatee Metropolitan Planning Organization (MPO) is receiving letters from the Town of Longboat Key residents regarding a rumor the Scenic Highway Designation which the City is pursuing on the Bayfront will result in a narrowing of US 41 to two lanes; that a suggestion was made at the MPO meeting to send a letter to the Mayor and Commissioners of the Town of Longboat Key advising the designation of US 41 along the Bayfront as a scenic highway will not result in a narrowing of the roadway to two lanes and to request assistance in educating the public; that Engineering Staff has indicated the designation of US 41 along the Bayfront and The Downtown Mobility Study are two separate items; that the Scenic Highway Designation is to showcase outstanding cultural, historical, archeological, recreational, natural and scenic resource along Florida's roadways; that as a separate matter, the City is now conducting a Downtown Mobility Study which will address mobility problems in the City, including transportation mobility issues as indicated in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the City has not made any decisions at this time; that sending an official letter to the Town of Longboat Key as well as providing a copy to the local media is appropriate. Mayor Mason requested that Staff come forward to clarify the City's plans. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Commissioner Quillin has covered the subject well. Commissioner Servian stated that traffic is the topic of discussion for the Tiger Bay Club meeting in March 2003; that Hal Lenobel, Town Commissioner from the Town of Longboat Key, will be on the panel and has requested her presence on the panel as well; that the topic specifically concerns the traffic leaving the barrier islands onto US 41; that the Commission and Staff will be informed of discussions held; that traffic is a major topic of discussion on all of the barrier islands; that people are concerned US 41 may be reduced to one lane in both the north and south directions; that the concern is $67 million is being spent to construct the John Ringling Causeway Bridge but only one lane will be available for traffic in the north and south directions on US 41; that clarification of the situation is required; that a significant amount of press concerning the topic has appeared in The Longboat Observer; that people somehow believe the Scenic Highway Designation would reduce US 41 to two lanes; that the reality is the possible reduction of lanes on US 41 will be reviewed during the Downtown Mobility Study; that reduction of lanes is not a certainty. Mayor Mason asked the wishes of the Commission? Commissioner Quillin stated that the letter should be signed by the Mayor and sent to the Mayor of the Town of Longboat Key with a copy provided to the local media. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to authorize the Mayor to sign a letter to the Town of Longboat Key regarding the designation of US 41 along the Bayfront as a scenic highway and explaining the Downtown Mobility Study and copying the local media. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin stated that sending a letter signed by the Mayor is pleasing; and asked if a post script could be added to the letter indicating the Town of Longboat Key can construct a DRAFT ONE Page 24770 02/03/03 2:30 P.M. DRAFT ONE Page 24771 02/03/03 2:30 P.M. bridge which does not impact two counties if traffic is a major concern? Mayor Mason stated that a post script is not necessary. Mr. Daughters stated that three workshops have been scheduled to address the Scenic Highway Program; that the workshops have been widely advertised in the newspaper; that the hope is for considerable attendance. Mayor Mason stated that a special invitation is extended to the residents and Commissioners of the Town of Longboat Key. Commissioner Servian stated that the residents of the Town of Longboat Key indicate notices concerning workshops are never received; that notifying the residents would be helpful; that the Commission of the Town of Longboat Key has indicated a joint meeting to discuss traffic issues would be helpful. Mayor Mason stated that the Administration should contact the Town of Longboat Key and discuss the possibility of having a joint meeting between the Commissions of the Town of Longboat Key and the City. City Manager McNees asked if the Commission has reached consensus for a joint meeting? Commissioner Servian stated that a joint meeting should be scheduled. Commissioner Quillin asked the topics for discussion at the joint meeting? Mayor Mason stated that a joint meeting could address many issues. Commissioner Martin stated that the general issues for discussion should be identified prior to scheduling a joint meeting. Commissioner Quillin agreed; and stated that individual Commissioners can provide a list of general issues for discussion to the City Manager; that the entire list can be brought back at the February 18, 2003, Regular Commission meeting for discussion. Commissioner Servian agreed. Mayor Mason stated that hearing the Commission's agreement, individual Commissioners can provide a list of general issues for discussion at a joint meeting with the Commission of the Town of Longboat Key to the City Manager, and the list will be brought back at the February 18, 2003, Regular Commission meeting. 19. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO AMEND CHAPTER 33 OF THE CITY CODE TO PROHIBIT PARKING NEAR DRIVEWAYS AND NEAR CURBSIDE MAILBOXES REFERRED BACK TO THE ADMINISTRATION FOR A WORKSHOP (AGENDA ITEM XIII-2) CD 6:59 through 7:33 City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 5, was removed from the Consent Agenda by Commissioner Martin and is now New Business Agenda Item XIII-2; that the item concerns authorizing the preparation of an ordinance prohibiting parking near driveways and near curbside mailboxes. Commissioner Martin stated that having the City Attorney draft an ordinance prior to discussion of potential consequences and a thorough understanding of the issue is not supported; that potential negative consequences are concerning; that the City has significant issues regarding parking; that policy decisions are underway concerning parking of commercial vehicles in neighborhoods and front yard parking; that the issue on the table specifically concerns blocked driveways and mailboxes; that mail delivery service is hindered if mailboxes are blocked; that the concern is a number of the City's neighborhoods do not have on-site parking sO street parking is required; that a considerable amount of front yard parking exists; that prohibiting front yard parking will obviously create more on street parking or the necessity for more on street parking. Commissioner Martin continued that two 50 foot wide lots with a 10 foot setback on either side of driveways and a 12 foot wide driveway with a mailbox situated 5 feet from the driveway leaves a small amount of footage before the next property line, driveway, and mailbox; that some neighborhoods have lots only 50 feet wide; that 50 foot wide lots are not uncommoni that parking on the streets could potentially be outlawed all together by prohibiting parking near driveways and near curbside mailboxes; that the issue is concerning; that the original proposal was for a 15 DRAFT ONE Page 24772 02/03/03 2:30 P.M. DRAFT ONE Page 24773 02/03/03 2:30 P.M. foot setback on either side of driveways which would result in prohibiting parking for blocks in some neighborhoods; that a better sense of the plan is requested. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that neighborhoods as well as the Post Office have indicated mail is not delivered if the curbside mailbox is blocked by a vehicle; that preliminary measurements suggest the recommended spacing of 15 feet on either side of curbside mailboxes is necessary for the delivery of mail by a Post Office vehicle; that the intent is to perform an actual test; that mail delivery generally occurs once a day but does not occur at the exact same time; that some mechanism can be developed by working with the City Attorney's Office to prohibit parking in front of curbside mailboxes at the time the mail delivery is scheduled such as between the hours of 8 a.m. and 5 p.m.i that parking could be allowed in front of curbside mailboxes during all other times. Mr. Daughters continued that the 15 foot setback on either side of driveways is a safety issue; that a van or a type of vehicle which inhibits a clear view may be a potential hazard for a person attempting to back out of a driveway; that the preliminary desire is a 15 foot setback on either side of the driveway; that testing will be performed to identify a logical distance; that the example of 50 foot wide lots provided by Commissioner Martin is typical; that a possibility exists parking would be prohibited in entire blocks of neighborhoods. Commissioner Quillin stated that the points raised by Commissioner Martin are identical to points previously raised with Staff; that complaints being received from neighborhood residents concern parking in front yards; that on-street parking is necessary to alleviate front yard parking; that supporting the proposed ordinance is difficult; that residents of some neighborhoods in District 3 would not be allowed to park on the street as the houses are too close together; that people are aware mail will not be delivered if a vehicle is blocking a mailbox; that regulating parking in front of mailboxes is intrusive; that the Post Office should handle Post Office business; that the City is responsible for addressing quality of life issues; that regulating parking in front of mailboxes is not supported; that some older neighborhoods do not have sufficient frontage for the 15 foot setback on either side of the driveway. Mayor Mason stated that she resides in a neighborhood with a similar problem. Commissioner Quillin stated that complaints concerning parking near driveways and near curbside mailboxes have not been heard in District 3; that numerous complaints have been heard regarding parking in front yards on the grass; that the people complaining expect the City to address the situation. Commissioner Servian stated that the number one problem in District 2 is parking near driveways and near curbside mailboxes; that many calls and electronic mails are received during a given dayi that people are desperate for the City to assist with the problem; that the parking issue is a result of commercial businesses on US 41 and Southside Village businesses on Osprey Avenue; that many commercial businesses do not have adequate parking for employees and patrons on site; that the employees are forced to park in the neighborhoods; that the residents in the neighborhoods can then no longer utilize the streets; that service people and visitors cannot locate a place to park; that the residents cannot back out of driveways; that the residents are not receiving mail; that the residents should not be placed at risk or have the quality of life destroyed as a result of parking issues. Commissioner Servian continued that a significant number of alternatives have been identified; that some streets were designated as no parking areas which created a problem since the residents could not have visitors; that subsequently, parking was regulated on one side of the street on alternate days which was also a problem; that the desire was to find a method to enforce the State Parking Code; that the State Parking Code stipulates no parking within a certain distance of a driveway and in a certain number of feet of a mailbox; that the State Parking Code has never been enforced due to a lack of staffing; that curbs will require striping if the State Parking Code is enforced; that people park in front of curbside mailboxes; that people park in front of her mailbox; that her mail is not delivered; that people park in front of her driveway and mailbox during events taking place on St. Armands Circle; that having to regulate politeness is amazing; that District 2 has an opposite problem from District 3; that front yard parking is not a problem; that the problem is an abundance of commercial parking intrusion into the neighborhoods. Mayor Mason stated that prohibiting parking near driveways and DRAFT ONE Page 24774 02/03/03 2:30 P.M. DRAFT ONE Page 24775 02/03/03 2:30 P.M. near curbside mailboxes would severely handicap streets in her neighborhood as well as in the majority of the City's districts; that the distance between her driveway and mailbox may possibly allow one vehicle to park; that the issue is huge; that the parking problem during events at St. Armands Circle has been personally seen; that providing relief to District 2 without handicapping other districts is an issue for discussion. Commissioner Quillin asked if the ordinance could be proposed designating District 2 as a special parking district which could be regulated and which would not impact the other districts? City Attorney Taylor stated that a differentiation can be made as long as adequate background studies have been performed ensuring the classification is not arbitrary. Commissioner Quillin asked if the proposed ordinance could designate specific areas as test areas such as St. Armands Circle and Southside Village which could be reviewed after one year? City Attorney Taylor stated yes; that the areas would require marking to indicate restrictions and to allow enforcement. Commissioner Quillin stated that prohibiting parking near driveways and near curbside mailboxes would be a tremendous har rdship in Districts 1 and 3. Commissioner Martin stated that the timing is not appropriate for bringing the issue forward in a proposed ordinance; that variables in the different neighborhoods require consideration. Commissioner Quillin stated that the proposed ordinance could move forward addressing specific parking requirements in District 2 only. Mayor Mason stated that a study of the issue is necessary prior to moving the proposed ordinance forward. Commissioner Servian stated that the issue requires more study. Commissioner Martin stated that a sense of the problem concerning parking in front yards is necessaryi that the issue is fraught with consequences which are not well considered; that the points raised are valid; that prohibiting parking near driveways and near curbside mailboxes is imperative in some areas but will be a major upset in others; that the proposed ordinance is not supported; that further study is necessary. Commissioner Servian stated that the parking issue concerns public safety in McClellan Park and on Clematis and Datura Streets, since children are at play; that a telephone call was received indicating a child had ridden out on the street on a bicycle and was almost struck by a vehicle; that another incident involved a child on a skateboard; that the skateboard came out from underneath the child and struck a vehicle belonging to an employee of an establishment in Southside Village; that the vehicle was parked at the edge of the driveway; that the vehicle suffered $1,500 in damage which has caused bad feelings; that the problem is major in particular areas; that the issue has been studied for four months; that the residents of neighborhoods in certain areas are doing everything possible to block people from parking in their neighborhoods; that the fear is the problem will escalate further. Commissioner Martin stated that the issue concerns public safety; that street parking of vehicles is one of the best methods of traffic calming; that a single mother with young children deliberately parks a vehicle to block the driveway enabling the children to play in the driveway; that the children will avoid running into the street since the vehicle is blocking the driveway which can be viewed as a public safety solution; that many considerations must be addressed prior to moving a proposed ordinance forward; that clear direction to move a proposed ordinance forward at this time cannot be provided. Commissioner Servian stated that a private school is in the middle of McClellan Park; that an abundance of vehicles park around the school and in the neighborhood which is a concern; that the school has no idea who owns the vehicles; that the children are of. elementary school age; that the safety of the children is a concern especially considering the current times in which some children are abducted by strangers; that prohibiting parking in a certain block will cause the problem to move elsewhere; that the magnitude of the problem in particular areas such as McClellan Park and on Clematis and Datura Streets is stressed; that most of the neighborhoods in District 2 have more than 50-foot wide lots; that the impact of parking restraints would be greater in neighborhoods with less than 50- foot wide lots; that enforcing prohibited parking near driveways and near curbside mailboxes will dramatically reduce the number of vehicles parked in the streetsi that in contrast, some neighbors indicated in neighborhood workshops street parking DRAFT ONE Page 24776 02/03/03 2:30 P.M. DRAFT ONE Page 24777 02/03/03 2:30 P.M. assists in traffic calming; that the neighbors did not desire to eliminate street parking but preferred street parking be reduced and regulated in some manner to provide for the safety of children and to allow clear access to back out of driveways in a safe manner. The following person came before the Commission: Paul O'Brien, 1961 Clematis Street (34239), stated that the parking problem on Clematis Street precipitated the presentation by Staff; that a petition concerning street parking was presented to Staff; that signage prohibiting parking on Clematis between 8 a.m. and 6 p.m. was posted as a last resort; that an owner of a commercial business complained of not being consulted or made aware of the situation; that a meeting was held with the property owners and residents on Clematis and Datura Streets concerning on-street parking restrictions. Mr. O'Brien distributed and referred to a December 31, 2002, letter to the property owners and/or residents on Clematis and Datura Streets concerning on-street parking restrictions which was prepared by Staff following the meeting and indicating the signage prohibiting parking between 8 a.m. and 6 p.m. would be removed; that current applicable State and City laws should remain in mind and quoted Section 33-46, Authority to prohibit parking at all times, City Code, as follows: The traffic engineer is authorized to designate certain streets and certain places where parking shall be prohibited at all times, and to erect signs giving notice thereof. Mr. O'Brien referred to a January 31, 2003, photograph of Clematis Street displayed on the Chamber monitors and stated that the photograph indicates vehicles are parked close to driveways; that the vehicles are parked in front of his house every day, Monday through Friday, between the hours of 8 a.m. and 6 p.m.i that the vehicles belong to employees of area businesses; that the abundance of vehicles parked on the street affects the salability and rentability of the houses on the entire street; that the neighbors do not support street parking; that vehicles owned by employees of area businesses and parked on the neighborhood street are considered an intrusion; that the neighborhood street is not public parking; that Staff has indicated the street is designated for public parking; that Staff has been informed of the parking violations; that Staff has been informed the Parking Enforcement Department refuses to issue citations or enforce the regulations; that Staff has not addressed the problem and has indicated the problem is a concern for the Parking Enforcement Department or. is a judicial problem; that the City Manager was questioned concerning the reason the signage prohibiting parking between 8 a.m. and 6 p.m. was removed; that a response has not been received. Mr. O'Brien further stated that Staff is recommending a prohibition of vehicular parking within 15 feet of a mailbox and within 15 feet of a driveway; that Staff was informed every mailbox on the street is within 5 feet of each driveway; that 20 feet encompasses the footage which is the footage required by the post office to deliver the mail; that the City Code does not address mailboxes mounted on the front of houses; that the method of delivering mail to a house-mounted mailbox is not addressed; that the concern of having street parking raised by Commissioner Martin is understood; that the concern on his street is having reduced street parking; that the two concerns conflict; that a solution is not known; that the desire is for the signage prohibiting parking between 8 a.m. and 6 p.m. to be reposted; that the reason is due to intrusion; that the street is not for public parking; that the street is being used as a parking lot for commercial enterprises which is unacceptable. Commissioner Quillin asked the reason the signage prohibiting parking between 8 a.m. and 6 p.m. was removed? Mr. Daughters stated that the signage was removed during December 2002; that the reason the signage was removed is the street is designated as public parking; that the street is dedicated to the people residing on the street; that the street is dedicated to the public and the City Attorney's Office advised Staff of legal actions which have indicated the street must be available for the public to utilize; that workshops were held to attempt to resolve the issue; that the group of people attending the meeting of residents of Datura and Clematis Streets on December 10, 2002, could not reach a compromise solution regarding street parking restrictions; that the belief was the best solution for Datura and Clematis Streets was to remove the signage prohibiting parking between 8 a.m. and 6 p.m. and to post signage indicating no parking on the north side of both streets on even numbered days and no parking on the south side of both streets on odd numbered days; that the signs were posted prior to February 1, 2003; that the situation has been monitored several times since the signs were posted; that the DRAFT ONE Page 24778 02/03/03 2:30 P.M. DRAFT ONE Page 24779 02/03/03 2:30 P.M. signage seems to work well; that no complaints have been received since the signage was posted. Commissioner Quillin stated that the employees of commercial businesses are parking on neighborhood streets; and asked if the City has informed the businesses of the intrusion into residentially zoned neighborhoods. Mr. Daughters stated that the commercial businesses have been notified many times. Commissioner Quillin asked the methods being used by commercial businesses to mitigate off-site employee parking? Mr. Daughters stated that the employees are parking on adjacent streets. Commissioner Quillin stated that the streets are designated as public streets; however, the neighborhoods are residentially zoned and are not zoned for commercial use; that public parking in residentially zoned neighborhoods begins to cause a problem if residents cannot provide parking for visitors or cannot have mail delivered; that the commercial businesses should be requested to develop off-site parking mitigation for employees; that parking lots could be utilized. Commissioner Servian stated that the City has previously worked with every single commercial business in the area; that the problems on Datura and Clematis Streets surround a group of doctors in the MedPlus facility on the corner of US 41 and Clematis Street; that MedPlus has 16 employees and 16 parking spaces; that the employees are parking up and down the streets to leave the parking lot available for patients; that MedPlus is a walk-in clinic with no set hours; that an extensive amount of patients visit MedPlus during the morning hours; that the afternoons are more quiet; that four or five parking alternatives were presented to MedPlus; that MedPlus employees come from all areas of the Countyi that no central parking exists for the employees; that every possible solution has been researched; that some alternatives have been identified for the employees of businesses in Southside Village; that people are working together to resolve the issue; that alternative methods for parking have not been identified for Datura and Clematis Streets which are the most problematic. Mr. Daughters stated that the signage which was recently posted on Datura and Clematis Streets between Osprey Avenue and US 41 is working well with the exception of the clearance from driveways and mailboxes which is the reason for bringing the proposed ordinance forward; that the Commission is assured Staff's intent is to work through all the issues which have been raised prior to bringing a proposed ordinance to another Regular Commission meeting; that a proposed ordinance will not be brought forth for quite some time; that Staff's intent is to involve the Engineering Department, the Sarasota Police Department (SPD), and the City Attorney's Office; that the Engineering Department, SPD, and the City Attorney's Office should all be involved to develop a solution; that the best method of proceeding is to give the City Attorney's Office authorization to begin work, which does not necessarily have to include authorization to develop an ordinance; that a significant amount of input is being heard from the Commission; that Staff should come back with suggestions and solutions in a workshop with the Commission. Mayor Mason stated that the parking issue concerning MedPlus is known; that City employees on workers' compensation are often referred to MedPlus and often contribute to the parking problem; that the proposal to continue collaboration with solutions and suggestions being brought back in a workshop is supported; that an ordinance is not supported at the present time; that an ordinance which addresses traffic problems individually between districts would be supported; that Staff is cautioned to present issues clearly; that cloudy issues cause rhetoric and a desire for more understanding; that while working in the Planning Department, issues were made clear to the Commission. Commissioner Servian stated that the City Code currently provides the ability to restrict parking to certain hours, to one side of a street or another, and to totally prohibit parking; and asked the reason for being reluctant to enforce the City Code in areas the City deems necessary? Mr. Daughters stated that no City or State regulations prohibit parking in front of or near a mailbox on a City street; that a State regulation indicates a vehicle cannot be parked in front of a mailbox on a State highway in a rural area; that the State regulation does not apply to an urban area; that the regulations in the City Code regarding parking distance from driveways is not clear; that the intent is to make the required distance clear and easily enforced. DRAFT ONE Page 24780 02/03/03 2:30 P.M. DRAFT ONE Page 24781 02/03/03 2:30 P.M. Commissioner Servian stated that the intrusion on Datura and Clematis Streets is a concern; that according to the City Code, the City Engineer has the authority to prohibit parking at all times, limit authority on certain streets, install meters, and prohibit night time parking and parking on narrow streets; that solutions are available in the City Code to provide relief to Datura and Clematis Streets at the present time. Mr. Daughters stated that the City Code has been reviewed for possible solutions to the issues on Datura and Clematis Streetsi; that Staff determined the best solution at this time was to post the signage indicating no parking on the north side of both streets on even numbered days and no parking on the south side of both streets on odd numbered days; that the City Code provides authority to restrict parking from a driveway; however, signage would be required on each side of every driveway. Commissioner Quillin stated that no parking signage could be posted on the street if no parking is the desire of the residents on the street. Mr. Daughters stated that posting no parking signage is not supported. Commissioner Quillin stated that posting no parking signage temporarily will provide some relief until a final solution is brought forth; that no parking signage should be posted if consensus of the residents living on the street has been reached; that the impact to the residents living on the street is appreciated. City Manager McNees stated that posting no parking signage will cause the problem to move one block away; that people currently parking on Datura and Clematis Streets will move to the next closest street allowing parking; that the root issue will not be addressed; that the issue is greater and involves the City's codes; that the City Code should address the problem of a business being allowed to operate without sufficient parking; that the suggestion by Staff to continue to work with the current posted signage and to move forward to address the entire parking issue including the front yard parking issue in a Commission workshop is supported. Commissioner Servian stated that posting no parking signage will shift the problem to another street; that no parking signage could potentially be posted all over the City and people will be parking on US 41. Mayor Mason stated that the parking issue has been sufficiently discussed and asked the consensus of the Commission? Commissioner Quillin stated that the issue should be referred back to the Administration. Commissioner Martin stated that the issue should be referred back to the Administration for a Commission workshop. Commissioners Servian and Quillin agreed. Mayor Mason stated that the Commission's consensus is to refer the parking issue back to the Administration. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DIRECTED THE ADMINISTRATION TO REPORT BACK THE POSSIBILITY OF UTILIZING THE REMNANI RUBBLE FROM THE JOHN RINGLING CAUSEWAY BRIDGE AS A BREAKER FOR THE SARASOTA SAILING SQUADRON (AGENDA ITEM XV) CD 7:34 through 7:47 MAYOR MASON: A. stated that a prayer vigil will be held on February 4, 2003, at 8:45 a.m. at the Chaplain J.D. Hamel Park to pay respects to the Astronauts who lost their lives in the Space Shuttle Columbia explosion which occurred on February 1, 2003. COMMISSIONER QUILLIN: A. stated that correspondence was received from Jerry McMullen, Chairman, Sister Cities, Dunfermline, Scotland, on behalf of the people of Dunfermline and the Kingdom of Fife, Scotland, to extend deepest sympathy concerning the tragic news of the Space Shuttle Columbia and crew and extending prayers to the crew who died in the terrible disaster and to their families. B. stated that a letter and a copy of a September 14, 2002, Sarasota Herald-Tribune article was received from a constituent indicating the Sarasota Sailing Squadron (Sailing Squadron) needs a break from wakes caused by DRAFT ONE Page 24782 02/03/03 2:30 P.M. DRAFT ONE Page 24783 02/03/03 2:30 P.M. powerboats; that one suggestion made was to have the remnant rubble of the John Ringling Causeway Bridge (Ringling Bridge) transported and used as a breaker from wakes caused by powerboats; that the wakes cause a problem for the Sailing Squadron; that the possibility of transporting the remnant rubble for use as a breaker for the Sailing Squadron should be referred to the Administration; that the environmental issues concerning remnant rubble of the Ringling Bridge are not known. Mayor Mason stated that the remnant rubble from the Ringling Bridge will not be owned by the City. Commissioner Quillin stated that the Administration should identify any possibilities of utilizing remnant rubble to provide relief to the Sailing Squadron; that the Commission's consensus to refer the matter to the Administration would be appreciated. Mayor Mason stated that the possibility of utilizing remnant rubble as a breaker can be referred to the Administration to research; however, dictating the use of remnant rubble from a bridge not owned by the City does not provide a comfortable feeling. Commissioner Martin stated that a solution for removing the remnant rubble may be required; that the subject should be approached. Commissioner Servian agreed. Commissioner Quillin stated that the Administration can provide a report indicating the remnant rubble can or cannot be used to provide a breaker from wakes; that the idea is good; that a copy of the article can be provided. Mayor Mason stated that hearing the Commission's consensus, the Administration is directed to bring back a report indicating if the remnant rubble from the Ringling Bridge can be used to provide a breaker from wakes for the Sailing Squadron. C: stated that the Sarasota County Fair Board (Fair Board) has been making presentations of proposed improvements to the Sarasota Fairgrounds to government agencies and business groups; that a significant number of calls have been received, especially from the neighborhoods surrounding the Sarasota Fairgrounds; that the neighbors desire more information concerning the improvements; that she is hosting a Town Hall Meeting which is being held in cooperation with the consultant working with the Fair Board on February 13, 2003, at 7 p.m., in the Ken Clark Building at the Sarasota Fairgrounds; that a shortened version of the presentation of proposed ideas for improvements will be provided; that the neighbors are concerned about the improvements and the possible increased traffic which is the reason for the Town Hall Meeting; that everyone is welcome; that the meeting will be advertised; that the meeting will be informative and will provide a forum for public input. COMMISSIONER MARTIN: A. stated that the Commissioners received correspondence from the Finance Department concerning the Sarasota County Environmentally Sensitive Lands Protection Program Environmentally Sensitive Lands Protection Program) since a question was previously raised concerning the referendum for the Environmentally Sensitive Lands Protection Program which was approved by all County voters in March of 1999, authorizing a .25 increase in the property tax millage for 20 years and $53 million in bonds; that $4.5 million will be generated in City revenues by the end of fiscal year (FY) 02/03; that the Environmentally Sensitive Lands Protection Program is successful; that environmentally sensitive lands may exist in the City and may be available for acquisition; that funding for a contract to conduct an inventory of environmentally sensitive lands should be included in the City budget for FY 03/04; and asked the timetable for submitting issues for consideration in the FY 03/04 budget. City Manager McNees stated that a workshop concerning the City's Capital Improvement Program (CIP) is scheduled for April 28, 2003; that the workshop will provide an opportunity to discuss specific capital issues; that the question of environmentally sensitive lands could be addressed at the workshop; that the Commissioners can at any time suggest items for the budget to the Administration; that specific items are not typically built into the budget until receiving consensus from the Commission; that budget workshops will be held with the Commission in July 2003. DRAFT ONE Page 24784 02/03/03 2:30 P.M. DRAFT ONE Page 24785 02/03/03 2:30 P.M. Commissioner Martin stated that issues come up in July as the budget is being finalized; that the timeframe for raising budgetary issues is the question; that the desire is to present issues far enough in advance to assure consideration in the budgetary process; that the understanding is the CIP workshop in April 2003 is the time the Administration will expect preliminary ideas for capital improvements; that consensus is required to incorporate the ideas into the budget. Commissioner Quillin asked if an inventory has been performed on environmentally sensitive lands in the City? Commissioner Martin stated no. Commissioner Quillin stated that the understanding is funding for environmentally sensitive lands is provided through the Environmentally Sensitive Lands Advisory Committee (Committee) sO the City would not be required to expend any funding; and asked the process of identifying environmentally sensitive lands? Commissioner Martin stated that the Committee is willing to consider any proposals offered by the City; that environmentally sensitive lands in the City have not been identified as meeting the necessary criteria. Commissioner Quillin stated that the understanding is the Committee was identifying environmentally sensitive lands. Commissioner Martin stated that the Committee has identified environmentally sensitive lands in the County. Commissioner Quillin stated that the City is part of the County; that the City taxpayers are not only graciously paying into the purchase of environmentally sensitive lands but would also in addition pay for a study to identify environmentally sensitive lands in the City; that a request should be made for the Committee to consider identifying environmentally sensitive lands in the City as well as the other municipalities and all the unincorporated areas of the County with the funding generated; that the Committee has done a wonderful job; that identifying environmentally sensitive lands is supported; however, the City should not have to expend funds on a study if funding is already available. COMMISSIONER SERVIAN: A. stated that condolences have been received from Dunfermline, Scotland, and Vladimir, Russia, concerning the Space Shuttle Columbia disaster; that condolences are extended to Israel for the loss of the Israeli Astronaut. B. stated that several telephone calls and a letter have been received thanking the Commission for the last minute work concerning the Sarasota Film Festival; that personal thanks are extended to Staff for efforts to enhance Main Street in time for the Sarasota Film Festival. C. stated that a letter of appreciation has been received from a Lido Key resident concerning efforts towards beach renourishment; that the work is progressing and is an amazing process. D. stated that a Police Officer is not on-duty in the Commission Chambers which has occurred several times in the past; that the presence of a Police Officer in the Chambers is imperative; that the reason for the absence of a Police Officer is questioned. Mayor Mason stated that a Police Officer should attend the afternoon session of the Regular Commission meeting as well. 21. ADJOURN (AGENDA ITEM XVII) CD 7:47 There being no further business, Mayor Mason adjourned the Regular meeting of the City Commission of February 3, 2003, at 7:47 p.m. q. - lase Caudun CAROLYN MASON, MAYOR TEST 43 & Rabnsen PROBINSON, CITY AUDITOR AND CLERK DRAFT ONE Page 24786 02/03/03 2:30 P.M.