MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 3, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins (arrived at 2:55), Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: : KEY TO THE CITY PRESENTED TO HIS ROYAL HIGHNESS PRINCE MICHAEL OF KENT (AGENDA ITEM 1) CD 2:31 through 2:34 Mayor Palmer stated that the City is honored to have distinguished guests in the Chambers audience; that a special occasion is taking place in the City on November 3 and 4, 2003, at the Ritz-Carlton Hotel, which is the Transatlantic Business Forum, presented by New Horizons Florida LLC; that the Forum brings world-class speakers and business leaders to the City; that delegates including chief executive officers, financial directors, accountants, lawyers, venture capitalists, business angels, bankers, brokers, entrepreneurs, representatives of overseas companies and multi-national corporations will meet to discuss future investment opportunities; that the Forum will open with a Royal Charity Reception on November 3, 2003, benefiting the Boys and Girls Clubs of Sarasota, Children First, and the Florida Center for Child and Family Development, that having representatives from various parts of the World visiting the City is pleasing; that the Forum brings together more than 250 growth businesses, professional advisors, and venture capitalists from both sides of the Atlantic Ocean; that the event is significant; that hosting a wonderful event in the City which is significant to the entire World is thrilling and an honor; that a person of great importance is present in the Chambers audience; that the person is his Royal Highness Prince Michael of Kent, a senior member of the British Royal Family, BOOK 55 Page 26402 11/03/03 2:30 P.M. BOOK 55 Page 26403 11/03/03 2:30 P.M. cousin of Queen Elizabeth of England and Prince Philip, Duke of Edinburgh; and requested that his Royal Highness Prince Michael join her and the Commission at the Commission table for the presentation. Mayor Palmer continued that the presence of his Royal Highness Prince Michael in the Commission Chambers is an honor; that his Royal Highness Prince Michael brings dignity to the community and to the Transatlantic Business Forum; and presented a Key to the City to Prince Royal Highness Prince Michael. His Royal Highness Prince Michael stated that receiving the Key to the City is a great honor; that the visit to the City is his first; that many more visits are anticipated; that the thought provided by the Commission is touching. Mayor Palmer stated that wishes are extended for a wonderful stay in the City; that return visits are anticipated; that having the Delegation of his Royal Highness Prince Michael present in the Chambers audience is an honor. Mayor Palmer stated that Commissioner Atkins has a conflict and will be arriving shortly. 2. CHANGES TO THE ORDERS OF THE DAY CD 2:34 through 2:35 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add Consent Agenda 1, Item No. IV-A-7, Approval Re: Request to endorse hosting the 39th International Making Cities Livable Conference on "The Healthy Community & The Built Environment" to be held in the City of Sarasota March 15 through 19, 2004, and appoint Hope Byrnes and Paul Thorpe as co-chairs to facilitate the conference in conjunction with the Conference Organizational Committee per the request of Mayor Palmer. Mayor Palmer asked if the Commission had any objections to the Change to the Orders of the Day. Mayor Palmer stated that hearing no objections, the Change to the Orders of the Day is approved by unanimous consent. 3. CITIZENS INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 There was no one signed up to speak. 4. APPROVAL RE: : MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 20, 2003 = APPROVED (AGENDA ITEM II) CD 2:35 through 2:36 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the October 20, 2003, Regular Commission meeting are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4,5, 6, AND 7, = APPROVED (AGENDA ITEM IV-A) CD 2:36 1. Approval Re: Authorize the Mayor to sign a letter to Governor Jeb Bush requesting him to support restoring the Medicaid Non-emergency Transportation fund. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Gregory and Susan Zahn for sanitary sewer system for a developed site located at 2526 Wisteria Street. 3. Approval Re: Authorize revisions to policy guidelines for the Security and Utility Deposit Assistance Program (SUDAP) which extends the assistance to Section 8 Housing Voucher clients locating in Manatee and Charlotte Counties as well as Sarasota County and requires tenants receiving deposit assistance pay a portion of the deposits in an amount equal to their monthly Total Tenant Payment. 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jon F. Swift, Inc. (Bid #03- 44M) for the Lemon Avenue Streetscape. 5. Approval Re: Change Order to the Sewage Station Improvements Project, (Bid #03-37M) to convert Lift Station #3 from a Dry Well Can Station to a Submersible Station. BOOK 55 Page 26404 11/03/03 2:30 P.M. BOOK 55 Page 26405 11/03/03 2:30 P.M. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a lease agreement between the City of Sarasota and Verizon Wireless to install an antenna on the Southgate Water Tower for cellular phone transmission. 7. Approval Re: Request to endorse hosting the 39th International Making Cities Livable Conference on "The Healthy Community & The Built Environment" to be held in the City of Sarasota March 15-19, 2004, and appoint Hope Burns and Paul Thorpe as co-chairs to facilitate the conference in conjunction with the Conference Organizational Committee. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 7, inclusive. Motion carried unanimously (4 to 0): Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1664) ADOPTED; ; ITEM 2 (RESOLUTION NO. 04R-1670) - ADOPTED ; ITEM 3 (RESOLUTION NO. 04R-1671) ADOPTED ; ITEM 4 (RESOLUTION NO. 04R-1672) = ADOPTED, ; ITEM 5 (ORDINANCE NO. 03-4417) - ADOPTED ; ITEM 6 (ORDINANCE NO. 03-4485) ADOPTED i ITEM 7 (ORDINANCE NO. 03-4490) ADOPTED ; ITEM 8 (ORDINANCE NO. 03-4495) = ADOPTED ; AND ITEM 9 (ORDINANCE NO. 03-4496) - ADOPTED (AGENDA ITEM IV-B) CD 2:36 through 2:42 1. Adoption Re: Proposed Resolution No. 04R-1664, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc., (Title Only). 2. Adoption Re: Proposed Resolution No. 04R-1670, appropriating from the Unappropriated Fund Balance of the funds in the amounts identified in Exhibit A, and to provide for the re-appropriation of funding for projects that were budgeted in the previous fiscal year but not completed, and a contract or purchase order had not been issued as of September 30, 2003. Exhibit A, attached, details the projects and the funding sources; etc. 3. Adoption Re: Proposed Resolution No. 04R-1671, appropriating $10,000 from the Unappropriated Fund Balance of the General Fund to fund a settlement of the pending litigation in the case of George Schwendeman, Circuit Court Case No. 2002 CA 11278 NC.; etc. 4. Adoption Re: Proposed Resolution No. 04R-1672, appropriating $20,000 from the unappropriated fund balance of the General Fund to fund the request from the New Life Initiative Facilitator Selection Committee to help fund the facilitator process to find a financially feasible project (s) to submit to the Sarasota County School Board for the use and renovation of the Sarasota High School building; etc. 5. Adoption Re: Proposed Ordinance No. 03-4417, amending Chapter 10, Beaches and Waterways, of the Sarasota City Code, by adding thereto a new Article IV, Water Taxis; providing the procedures for issuance, revocation, suspension and renewal of a Water Taxi permit; providing regulations for the operation of Water Taxis; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc., (Title Only). 6. Adoption Re: Proposed Ordinance No. 03-4485, to rezone a 1.14 acre site from the Residential Multiple Family-1 (RMF-1) Zone District to the Residential Multiple Family-2 (RMF-2) Zone District, as more particularly set forth herein; said property being generally bounded on the east by Central Avenue and on the west by Clark Drive with a street address of 3355 Central Avenue, as more particularly described herein; providing for conditions of this rezoning; etc., (Title Only) (Application No. 03-RE-09, Applicant Peter Dailey, AICP, Dailey Design Group, Inc., as agent representing Frances Richey and Margaret Joinkian, owners). 7. Adoption Re: Proposed Ordinance No. 03-4490, to rezone property located at 235 Cocoanut Avenue, 1234, 1240, 1250, 1258, 1266, 1270 and 1276 Fruitville Road, from the Residential Multiple Family-5 (RMF-5) Zone District to the Commercial Central Business District (C-CBD) Zone District to allow a proposed residential development consisting of +29 condominium units; said development is proposed to be located at the southwest quadrant of Fruitville Road and Cocoanut Avenue; approving Site Plan Application No. 03-SP-29 which has been proffered as a condition of this rezoning; providing for conditions of BOOK 55 Page 26406 11/03/03 2:30 P.M. BOOK 55 Page 26407 11/03/03 2:30 P.M. this rezoning; etc., (Title Only) (Application Nos. 03- RE-16 and 03-SP-29, Applicants Joel Freedman, AICP, and Stephen Rees, Esquire, as agents representing Enterprise Associates of Sarasota, LLC, owner). 8. Adoption Re: Proposed Ordinance No. 03-4495, to rezone a +.16 acre site located on the south side of Fruitville Road between Lime Avenue and Shade Avenue from the Residential Single Family-2 (RSF-2) Zone District to the Commercial General District (CGD) Zone District, as more particularly set forth herein; said property being located at 2344 Fruitville Road; providing for conditions of this rezoning; etc., (Title Only) (Application No. 03-RE-06, Applicant Bruce Franklin, Land Resource Strategies, Inc., as agent representing Thomas Jackson and Nancee Jackson, owners). 9. Adoption Re: Proposed Ordinance No. 03-4496, to rezone a .24 acre site located on the south side of Fruitville Road between Lime Avenue and Shade Avenue from the Residential Single Family-2 (RSF-2) Zone District to the Office Community District (OCD) Zone District, as more particularly set forth herein; said property being located at 2352 Fruitville Road; providing for conditions of this rezoning; etc., (Title Only) (Application No. 03-RE-07, Applicant Bruce Franklin, Land Resource Strategies, Inc., as agent representing Thomas Jackson and Nancee Jackson, owners). City Auditor and Clerk Robinson read proposed Resolution No. 04R-1664 and proposed Ordinance Nos. 03-4417, 03-4485, 03-4490, 03-4495, and 03-4496 by title only and proposed Resolution Nos. 04R-1670, 04R-1671 and 04R-1672 in their entirety. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 9, inclusive. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 7. UNFINISHED BUSINESS: PRESENTATION RE: : URBAN DESIGN OF THE EASTERN GATEWAY TO DR. MARTIN LUTHER KING, JR. WAY AT U.S. 301 AND FREDD ATKINS PARK PRESENTATION PROVIDED (AGENDA ITEM VI-I) CD 2:42 through 2:54 Mayor Palmer stated that a presentation will be made regarding the urban design of the eastern gateway to Dr. Martin Luther King, Jr., Way (Dr. MLK Way) at US 301 and Fredd Atkins Park. Dr. Ed James and Dr. Reverend Willie Holley, representing the Coalition of African-American Leadership, came before the Commission. Dr. James referred to a drawing of the Concept Plan of the eastern gateway to Dr. MLK Way at US 301 and Fredd Atkins Park displayed on the Chamber monitors throughout the presentation; and stated that the opportunity to discuss the important Concept Plan for Fredd Atkins Park is appreciated; that the Coalition of African-American Leadership appreciates the ongoing support of the Commission regarding the continuing struggle to develop the Newtown area; that the Commission has made sincere efforts to speak to the citizens regarding the park; that the park is viewed as the area located at US 301, Washington Court, and Dr. MLK Way, which is considered the gateway to the new Sarasota; that US 301 will be widened in the future and can become as important as US 41; that the larger vision should be considered as the Commission attempts to fulfill the hopes, dreams, and aspirations of the Newtown community; that Fredd Atkins Park is more than a park and is the easterly most gateway to the Newtown community; that a statement can be made by the park; that the improved Fredd Atkins Park and plaza will be a wonderful urban space; that the Concept Plan for the park indicates a plaza located in the northeast corner; that gazebos will be included in the westerly most portion of the south side of the park; that wholesome community activities can take place in the plaza area; that undesirable activities taking place in the past will not continue; that small business vendors with colorful kiosks will have an opportunity to locate in the plaza; that new and existing entrepreneurs will have a place to come rather than conducting business out of the back of vehicles; that the vendors, if successful, can eventually move into new buildings on Dr. MLK Way; that the Smith Building adjacent to the park still exists; that no trees have been removed; that traveling south on US 301 reveals a beautiful space along Washington Court; that landscaping should be included from the northern most portion of Washington Court; that landscaping will slow traffic and make the area significant. BOOK 55 Page 26408 11/03/03 2:30 P.M. BOOK 55 Page 26409 11/03/03 2:30 P.M. Dr. James referred to a drawing of Washington Court on the north side of Dr. MLK Way indicating the affect of the landscaped plaza area displayed on the Chamber monitors; and continued that the greenery along Washington Court makes a statement which indicates something significant is taking place in the area; that traffic slows and the area becomes a gateway which should be considered as the park is designed; that wasting money is not the desire; that the Commission has worked hard to become good planners and is now requested to consider the improvements to the park as part of a total vision; that the use of eminent domain must also be considered going forward; that a different result will not be achieved by continuing on with work as usual; that the community has learned from past experiences; that the community has great expectations and must move forward; that the Commission has learned from work conducted in the Downtown, which can be replicated in the Newtown community; that Newtown should be part of the total community. Dr. Reverend Holley stated that many Coalition of African-American Leadership members are present in the Chambers audience and are recognized; that the Coalition of African-American Leadership members have reviewed the Concept Plan and agree the plan is the best use of the area at this time; that the enthusiasm expressed by the Commission for improving Fredd Atkins Park is respected and appreciated; however, the importance for identifying the highest and best use for the park is stressed; that the funds in the amount of $73,000 which have been set aside for improvements are a good starting point to begin the process of creating a true gateway; that the Newtown community needs a gateway; that the concept is for mixed-use and expansion of the park area; that the existing park area is too small to do justice for a gateway; that the plan is for a totally new concept, including a joint public/private use without displacing anyone; that some things will be relocated to create an inviting climate and environment which will make people enthused and excited to come and invest in Newtown; that a broad segment of the community supports the Concept Plan for the park; that the improved park will make people comfortable in investing in Newtown; that many people wanting to invest but with concerns about portions of the area have come to the community since the redevelopment initiatives; that the Commission is encouraged to support the Concept Plan and to set aside adequate funding to make the Concept Plan for the park a realityi that the project should move forward and be a plan of which everyone can be proud, rather than just another beautification initiative; that the goal is to embrace everyone; however, the thought is to develop the concept in a smarter, better wayi that the Commission is requested to invest in the initiative; that the Commission has already invested in the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) for which everyone is eternally grateful; that the Commission is encouraged to take a major step and begin to place sufficient funding toward changing the appearance and services in the Fredd Atkins Park area. Mayor Palmer stated that the presentation is appreciated. 8. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE STAFF TO PROCEED WITH HIRING A CONSULTANT TO DEVELOP A NEW DESIGN FOR FREDD ATKINS PARK AND THE IMMEDIATE ENVIRONS CONSISTENT WITH THE OBJECTIVES OF THE CITY OF SARASOTA-AEMIOMN COMPREHENSIVE REDEVELOPMENT PLAN THROUGH 2020 AND DESIRES OF THE COMMUNITY WITH A DESIGN AND CONSTRUCTION BUDGET OF $423,698 = AUTHORIZED STAFF TO PROCEED WITH THE DEVELOPMENT OF A DESIGN FOR FREDD ATKINS PARK AT THE CORNER OF WASHINGTON COURT AND DR. MARTIN LUTHER KING, JR. WAY, TO EVALUATE COSTS, AND TO BRING BACK SPECIFICS CONCERNING CONSISTENCY WITH THE SARASOTA-MEWTOHN COMPREHENSIVE REDEVELOPMENT PLAN THROUGH 2020 AND COSTS WITH AN APPROXIMATE DESIGN AND CONSTRUCTION BUDGET OF $423,698 (AGENDA ITEM VI-2) CD 2:54 through 3:22 Mayor Palmer stated that Staff is requesting authorization to hire a consultant to develop a new design for Fredd Atkins Park and the immediate environs consistent with the objectives of the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) and with the desires of the community with a design and construction budget of $423,698; and requested that Staff come forward. Commissioner Atkins arrived in the Commission Chambers at 2:55 p.m. John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department, came before the Commission; and stated that a progress report concerning the activities being planned and/or conducted in Newtown and Fredd Atkins Park will be provided; that the Commission is likely interested in the status BOOK 55 Page 26410 11/03/03 2:30 P.M. BOOK 55 Page 26411 11/03/03 2:30 P.M. of the improvements and the allocated but yet unspent funds of $72,300; that a community meeting was held at the park on July 26, 2003; that the proposed improvements were presented to the current users of the park along with several other community residents; that the requests from the users of the park were heard; that the proposed improvements fell short of the requests; that users of the park are requesting restrooms and shelters from the elements which are in addition to the proposed improvements; that Staff became aware users of the park and residents expect more than the proposed improvements; that taking a step back and listening to the requests of the citizens as well as identifying additional funding became necessary; that the input was not received through formal community meetings; but rather through individual meetings with citizens before and after church, at neighborhood association meetings, and through discussions with business owners and other stakeholders in the community; that the citizens were appreciative of the City's desire to address the issues which have been facing Newtown for many years; that a clear message was received through the individual meetings which is citizens would appreciate the same level of consideration, service, and commitment which has been provided to other areas of the City; that some residents and non-residents questioned the wisdom of keeping a park at the location; that others see the area as a visible and recognizable landmark and expressed a desire for improvements, expansion, and maintenance of the area; that the park is a gateway to the Newtown community; that the gateway will set the stage for the redevelopment efforts; that an uninviting entrance to a community will deter entry. Mr. Hawthorne referred to his October 21, 2003, memorandum to the City Manager, included in the Agenda backup material; and continued that the memorandum includes extracts from the Newtown Plan, Volumes I and II, which include the goals and objectives of urban design and parks; that he has met with representatives of the Coalition of African-American Leadership; that the Coalition of African-American Leadership concept for improving the park is consistent with Staff's approach. Mr. Hawthorne referred to a drawing of the area indicating the intersection of US 301 and Dr. Martin Luther King, Jr., Way (Dr. MLK Way) displayed on the Chamber monitors; and stated that the Newtown Plan discusses redeveloping Fredd Atkins Park as an urban gateway corridor as well as developing a modern shopping center and commercial development along US 301; that taking time to improve the area the right way from the outset is important; that the funding previously allocated will provide some improvements to the park; however, greater vision and master planning are necessaryi that the Commission is requested to authorize Staff to continue to work with the Coalition of African-American Leadership and other community partners and to move forward with the design; that some of the suggestions submitted by the Coalition of African-American Leadership will be incorporated into the Concept Plan; that the Commission is requested to authorize Staff to do the job right the first time. Mayor Palmer stated that the presentation was excellent and expressed thanks to Staff; and asked for clarification of the additional funding of $351,398 being requested. Mr. Hawthorne stated that meetings were held with the City Manager and the Director of the Office of Housing and Community Development; that Staff reviewed the Community Development Block Grant (CDBG) funds which were not spent as well as funds which should be expended; that CDBG funds of $351,398 were identified in addition to the $72,300 previously allocated from the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, which totals $423,698; that community partners have expressed interest in the project; that the anticipation is to leverage the funds to obtain additional funds sO improvements can truly make the park become a gateway. Donald Hadsell, Director of Housing and Community Development, came before the Commission; and stated that the Commission authorized Staff to advertise for a 30-day public comment period changes to the CDBG funds required to provide the $351,398 in funding necessary to finish the park; that a public meeting will be held in November 2003; that the issue will come back before the Commission in December 2003. Mayor Palmer asked if any public comments have been received? Mr. Hadsell and Mr. Hawthorne stated no. Commissioner Atkins stated that citizens have asked the length of time necessary to complete the improvements to the park; and asked the improvements which will be made with the funding of $423,698? Mr. Hawthorne stated that $423,698 will allow the City to hire an architectural firm to design the park and perform master plan BOOK 55 Page 26412 11/03/03 2:30 P.M. BOOK 55 Page 26413 11/03/03 2:30 P.M. work; that Walter Hood, Associate Professor of Landscape Architecture, University of California, Berkeley, recently visited the City; that Professor Hood provided Staff with an approach which is to engage organizations such as the Coalition of African-American Leadership while utilizing local architects to assist the City with the right design; that $423,698 will be sufficient to hire the architectural firm, develop the master plan, and perform the construction; that construction will be performed in phases; that the anticipation is construction will begin as soon as the funds are made available; that a specific time to complete the improvements cannot be provided at this time. Mayor Palmer stated that the community meeting held at the park on July 26, 2003, to share the proposed improvements and gather input was attended along with Commissioner Atkins; that the citizens expressed frustration regarding the length of time necessary to make improvements to the park; that the length of time necessary to complete the improvements is a concern; that doing the improvements right the first time is supported; however, delaying the project to the point citizens perceive the City is dragging the process out unnecessarily is not the desire. Mr. Hawthorne stated that improvements will begin as soon as the funds are made available after January 1, 2004. City Manager McNees stated that the most recent understanding was the City should design and construct the best gateway facility at the corner of Dr. MLK Way and Washington Court at Fredd Atkins Park with available funds; that the understanding at this time is a sizeable portion of the $423,698 will be used for master planning; that the concern is sufficient funds may not be available for construction of the gateway; that the expenditure of the funds should be clarified. Mr. Hawthorne stated that master planning and design of the park is part of the process; that some funding made available will be necessary for acquisition of property; that remaining funds will be used for construction. Commissioner Bilyeu asked if a consultant has provided a cost to prepare a master plan for the corridor from 31st Street south to 23rd Street? Mr. Hawthorne stated not at this time. Mayor Palmer stated that the Concept Plan previously brought before the Commission for the first phase of improvements to Fredd Atkins Park is different than being proposed at this time; that the Concept Plan before the Commission at this time is not objectionable; however, fiscal resources are limited; and asked for clarification of the area being proposed for inclusion in the improvements? Mr. Hawthorne stated that the City is seeking to acquire adjacent property to the south as well as property west of the adjacent property to the south extending to Pershing Avenue; that a City-owned parcel south of the property extending to Pershing Avenue will also be incorporated into the park. Mayor Palmer stated that an understanding of the parameters of the plan is necessary. Commissioner Atkins stated that the overall master planning process as contrasted with the immediate concerns and needs is causing confusion; that the understanding is funding in the amount of $423,698 will address the immediate concerns and the best method of providing improvements while providing an understanding of the conceptual design of the entire corridor; that the primary focus of the $423,698 is to immediately address the concerns regarding an increased area, beautification, bathrooms, and acquisition of additional property. Mr. Hawthorne stated that the understanding is correct. Mayor Palmer stated that identifying the primary focus of the expenditure of the $423,698 is important. Commissioner Bilyeu stated that discussions regarding expansion of the park took place at the time the Commission approved allocating $72,300 for the first phase of improvements to the park; and asked if the Town Hall building located adjacent to the existing park will be included in the acquisition of property? Commissioner Atkins stated no; that the property being considered for acquisition is south of the Town Hall building and extends to Pershing Avenue. Commissioner Bilyeu asked for clarification of the areas which will be improved with the $423,698. BOOK 55 Page 26414 11/03/03 2:30 P.M. BOOK 55 Page 26415 11/03/03 2:30 P.M. Commissioner Atkins stated that a master plan for the entire area maintaining consistency with the objectives of the Newtown Plan is the intent; that the immediate concern is the park and the immediate surrounding properties to the south and west. Commissioner Bilyeu stated that the Concept Plan can be supported; however, the concern is having sufficient funding for the improvements due to the cost of hiring consultants. Commissioner Atkins stated that the hope is to begin the process of a master plan for the entire area with the understanding the focus is on the immediate concerns and problems which will be addressed after January 1, 2004; that the master plan for the greater area is the future vision. Vice Mayor Martin stated that a sense of the total cost of the project is not being provided; that the project could potentially cost millions; that an amount was previously targeted to address a number of improvements to the park prior to approval of the $72,300; that more funds are being used for planning; that sufficient funds may not remain for improvements in the park; that breaking a promise to the community is a significant personal concern. Mr. Hawthorne stated that the Newtown Plan is a conceptual plan with non project specific land uses which will be determined as specific projects are developed; that planning is ongoing as a project specific plan is developed. Vice Mayor Martin stated that the process is understood; however, the concern is if any funding will remain for tangible improvements such as park benches. Mr. Hawthorne stated that funds will be available for tangible improvements. Vice Mayor Martin asked if the adjacent property owner of the non City-owned property has indicated a willingness to sell to the City? Mr. Hawthorne stated that several discussions have taken place with the adjacent property owner who owner has indicated a willingness to sell over the years but has changed his mind several times; that Staff is pursuing further discussions with the property owner; that the Office of Housing and Community Development will engage in direct discussions with the property owner once the funding is approved by the Commission. Vice Mayor Martin stated that $423,698 does not seem sufficient for land acquisition, planning, and construction of improvements; that the main concern is the City is involved in an application process for a Housing Opportunities for People Everywhere (HOPE) VI grant; that the HOPE VI Notice of Funding Availability (NOFA) has been received; that the Application must be submitted within eight weeks; that a significant amount of local funds of $60 to $80 million must be provided as leverage for the HOPE VI grant application; that reaching the $60 to $80 million in leverage funds will be difficult; that appropriating $428,698 for the Fredd Atkins Park project at this time is a concern unless assurance can be provided the funds can be used as leverage for the HOPE VI grant; that appropriating any funds which could be used as leverage for any project which may not qualify is dangerous. Mr. Hawthorne stated that he has been in constant contact with the HOPE VI Consultants to ensure the Fredd Atkins Park improvements fall within the context of the Newtown Plan; that the Newtown Plan and the leveraging factor have been discussed; that the plans for Newtown can be leveraged against the HOPE VI Grant. Mayor Palmer asked if Office of Housing and Community Development Staff supports moving ahead and using CDBG funds for the improvements to Fredd Atkins Park? Mr. Hadsell stated that an answer regarding use of CDBG funds cannot be provided with certainty; that the belief is the improvements to Fredd Atkins Park can be leveraged against the HOPE VI Grant. Mayor Palmer stated that providing a level of comfort is necessary. Mr. Hawthorne stated that the HOPE VI Consultants have done a master plan of the Dr. MLK Way and US 301 corridor; that the master plan addresses upgrading Fredd Atkins Park and the manner in which the costs for the improvements and upgrades can be leveraged against the HOPE VI Grant. Commissioner Servian stated that having one of the City's consultants already working on other park plans design the area BOOK 55 Page 26416 11/03/03 2:30 P.M. BOOK 55 Page 26417 11/03/03 2:30 P.M. would be less expensive and more expedient; and asked if a consultant to master plan the improvements to Fredd Atkins Park is necessary? Mr. Hawthorne stated that Staff will consider the possibility of using an existing consultant; that having the right design and the right master plan is necessary since the area is important; that using local talent is possible; that the entire urban landscape and urban feel must be incorporated into the design. Commissioner Servian stated that consultants are presently working on the Payne Park Master Plan; that the Request for Proposal (RFP) process, preparation of the master plan, design and construction takes time; that the entire interim step could be skipped if Staff can work with the design consultants for the Payne Park Master Plan. Mr. Hawthorne stated that shortening the process would be pleasing. Mayor Palmer stated that a recommendation can be made to the Administration to look into the possibility of using the design consultants for the Payne Park Master Plan; that every effort should be made to shorten the time, and move the improvements forward; that making the best use of the dollars is important. City Manager McNees stated that the suggestion is for the Commission to approve the appropriation of $423,698 at this time; however, Staff should harden and specify use of the funds; that planning is important; however, delivering a promise is equally as important; that the area is currently a gateway; that a negative gateway is created every minute the area sits in the current condition; that the gateway does not create an inviting environment into the community; that Fredd Atkins Park is likely the most utilized park per square foot in Sarasota County; that the park is highly utilized and is popular; that the park deserves the immediate attention of the City; that Staff should provide specifics concerning use of the funds; that an estimate for planning, design of the park, and hard construction, should be identified by Staff and brought back to the Commission if the Commission approves the reallocation of the CDBG funds; that the matter could possibly be brought back as a Consent Agenda item at the November 17, 2003, Regular Commission meeting sO the Commission can see the exact intent for use of the funds and direction of the project. City Manager McNees continued that a small business incubator is a great idea for Newtown; however, locating small businesses on the corner of a gateway public amenity is not understood and seems to clash; that further design work is necessary prior to the Commission approving Staff to proceed with hiring a consultant to develop a design for the park; that the Administration recommends the Commission authorize the redirection of the CDBG funds and to further discuss details regarding design of the park. Mayor Palmer stated that the Coalition of African-American Leadership representatives should be included in the process; that everyone has the same goal; that the goal is to improve the park as quickly as possible and to make the improvements right the first time; however, funds are limited; that serving the community well is the goal of the Commission. City Manager McNees stated that costs increase on a daily basis; that the City will certainly not meet all expectations and accomplish everything desired in Newtown on the corner of Dr. MLK Way and Washington Court at Fredd Atkins Park; that the harder the City tries to serve every objective nothing will be accomplished, which is a concern; that the Administration recommends the City continue to do something rather than continue to study and plan; that a promise was made to the community; that the goal is to keep the promise. Mayor Palmer stated that strong community support exists for moving forward with the proposal; that everyone understands the financial limitations; that something should be done quickly. Commissioner Atkins agreed. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to authorize Staff to proceed with the development of a design for Fredd Atkins Park at the corner of Washington Court and Dr. Martin Luther King, Jr. Way, to evaluate costs, and to bring back specifics concerning consistency with the Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 and costs with an approximate design and construction budget of $423,698. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. BOOK 55 Page 26418 11/03/03 2:30 P.M. BOOK 55 Page 26419 11/03/03 2:30 P.M. 9. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 3:22 There was no one signed up to speak. The Commission recessed at 3:22 p.m. and reconvened at 6:00 p.m. 10. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 2003, ROBERT COYLE, MAIL OPERATIONS COORDINATOR, GENERAL SERVICES DEPARTMENT (AGENDA ITEM IX) CD 6:00 through 6:05 Mayor Palmer requested that Nancy Carolan, Director of General Services, and Robert Coyle, Mail Operations Coordinator and Employee of the Month for October 2003, General Services Department, join her and the Commission at the Commission table for the presentation. City Manager McNees stated that recognizing an employee for outstanding service is a pleasure. Ms. Carolan stated that Robert Coyle started with the City in 1987 as a messenger and has seen the City grow through the volume of mail in the City's mailroom; that Mr. Coyle is always ready and willing with a smile to help employees with tasks not related to the mail; that Mr. Coyle assisted with the move to the Federal Building; that people like Mr. Coyle make Sarasota a great City. Mr. Coyle recognized the following family members present in the Chambers: Connie, his wife; River, his grandson; and his mother, Maryi and her friend, Bob Wadsworth. Mayor Palmer congratulated Mr. Coyle on behalf of the City, the Commission, and the Administration; and stated that Mr. Coyle always delivers the mail with a smile and is always willing to assist. Mayor Palmer presented Mr. Coyle with a City-logo watch, a plaque, and a certificate as the October 2003 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts and for serving with excellence and pride. Mr. Coyle thanked the Commission; and stated that working for the City is enjoyable. Mayor Palmer requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4494, AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE I, IN GENERAL, SECTION 2-5, ADMINISTRATIVE APPROVAL OF CONTRACTS, BY THE ADDITION THERETO OF CONTRACTUAL MATTERS WHICH SHALL BE EXEMPT FROM THE CHARTER REQUIREMENT OF CITY COMMISSION APPROVAL; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM XI-A-1) CD 6:05 through 6:10 Mayor Palmer opened the public hearing concerning proposed Ordinance No. 03-4494 amending the Section 2-5, Administrative Approval of Contracts, Sarasota City Code (1986 as amended). . City Manager McNees stated that proposed Ordinance No. 03-4494 adds shared parking agreements to matters which can be administratively approved by the City Manager. City Attorney Taylor referred to proposed Ordinance No. 03-4494 indicating the following additions to Section 2-5(c), City Code, BOOK 55 Page 26420 11/03/03 2:30 P.M. BOOK 55 Page 26421 11/03/03 2:30 P.M. regarding contracts the City Manager is authorized to approve administratively: 33. Mutual Aid Agreements authorized by the "Florida Mutual Aid Act" set forth in Part I, of Chapter 23, Florida Statutes. 34. Amendments to agreements which merely modify the parties to an existing agreement as a result of a name change of one or more of the entities which are currently a party to the agreement. City Attorney Taylor distributed a revised proposed Ordinance No. 03-4494 and stated that shared parking agreements was added to Section 2-5(c) (18), City Code; that additionally, the revision is to correct a scrivener's error as the City Manager does not have the authority to decide if to approve off-site parking agreements or shared parking agreements which are approved by the Planning Board/Local Planning Agency; therefore, Section 2-5(c) (18), City Code, has been revised as follows: 18. The City Manager shall execute Off-Site Parking Agreements and Shared Parking Agreements approved by the Planning Board; There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4494 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4494 on first reading with the revision to Section 2-5(c) (18) as indicated by the City Attorney. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yesi Martin, yes; Palmer, yes; Servian, yes; Bilyeu, yes. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4510, PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION IN AN AMOUNT SPECIFIED HEREIN, NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS, FOR ANY PERSON WHO HAS LEGAL OR EQUITABLE TITLE TO REAL ESTATE AND MAINTAINS THEREON THE PERMANENT RESIDENCE OF THE OWNER WHO HAS ATTAINED THE AGE OF SIXTY FIVE AND WHOSE HOUSEHOLD INCOME DOES NOT EXCEED AN AMOUNT SET FORTH WITH SPECIFICITY HEREIN AND REQUIRING THAT A TAXPAYER CLAIMING THE ADDITIONAL EXEMPTION ANNUALLY SUBMIT TO THE PROPERTY APPRAISER, NOT LATER THAN MARCH 1, A SWORN STATEMENT OF HOUSEHOLD INCOME ON A FORM PROSCRIBED BY THE STATE OF FLORIDA, DEPARTMENT OF REVENUE; PROVIDING THAT A COPY OF THIS ORDINANCE AS ADOPTED SHALL BE DELIVERED TO THE PROPERTY APPRAISER OF SARASOTA COUNTY NO LATER THAT DECEMBER 1, 2003; PROVIDING THAT THE ADDITIONAL EXEMPTION SET FORTH HEREIN SHALL BE AVAILABLE COMMENCING WITH THE 2004 TAX YEAR; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID ; ETC. (TITLE ONLY) PASSED ON FIRST READING PROVIDING FOR AN ADDITIONAL EXEMPTION FOR A PROPERTY VALUE IN THE AMOUNT OF $25,000; DIRECTED STAFF TO OBTAIN CONFIRMATION TAXPAYERS WILL AUTOMATICALLY RECEIVE THE EXEMPTION IF FILING FOR THE COUNTY EXEMPTION (AGENDA ITEM XI-2) CD 6:10 through 6:20 Mayor Palmer opened the public hearing and stated that proposed Ordinance No. 04-4510 pertains to an additional homestead exemption from ad valorem taxes for real property in the City in an amount specified not to exceed a value of $25,000. Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Ordinance No. 03-4510 provides for an additional homestead exemption in an amount not to exceed $25,000 in property value for any person who has legal or equitable title to real estate and maintains permanent residence, attained the age of 65, whose household income does not exceed the maximum threshold income level of $21,599, and who annually submits to the Property Appraiser, not later than March 1, a sworn statement of household income on a form prescribed by the State of Florida, Department of Revenue, commencing with the 2004 tax year; that the maximum threshold income level is adjusted annually in January; that the additional homestead exemption applies to all ad valorem taxes levied by the City but does not extend to any dependent special districts, municipal service taxing units, etc.; that based on the 90 properties in the City limits receiving the County's $5,000 exemption in 2003 and the City's millage rate of 2.6917 operating mills, the tax effect on ad valorem taxes to the General Reserves Fund would be $1,200.85; that the average taxable exemption on the 90 properties is $4,957; that the voted debt service millage effect would be the reduction of an BOOK 55 Page 26422 11/03/03 2:30 P.M. BOOK 55 Page 26423 11/03/03 2:30 P.M. additional $204.65 in ad valorem revenue; that currently, 103 properties in the City have qualified for the additional homestead exemption for the tax year 2004; however, the deadline for filing is March 1, 2004; that the Administration recommends that the additional homestead exemption be established at a value of $5,000. Mayor Palmer asked the tax effects of a $25,000 homestead exemption? Mr. Mitchell stated that for 90 properties the effect would be $5,082.23 for the General Reserves Fund and $865.13 to the voted debt service funds. Mayor Palmer opened the public hearing. The following person came before the Commission: Stan Zimmerman, 2469 Novus (34237), stated that the Commission is commended for adopting an ordinance to assist senior citizens; that if the maximum exemption allowed is adopted, the out-of-pocket cost to the City will be approximately $6,000 which is a transier of wealth; that a function of government is to determine the dissemination of money; that the proposed Ordinance allows senior citizens in need to retain the tax moneyi that the additional exemption is not an insignificant amount for many senior citizens; that Staff recommends a $5,000 exemption; that the Town of Longboat Key instituted a $25,000 exemption; therefore, the City will not be singular in granting a $25,000 exemption; that the Commission is urged to adopt the proposed Ordinance with an exemption of $25,000; that granting the exemption will have an infinitesimal impact on the City's revenuesi; that the exemption is good for Republicans who favor tax cuts and good for Democrats who favor equalization of wealth; that the exemption is non-partisan; that supporting the exemption to the maximum allowed is encouraged. Mayor Palmer thanked Mr. Zimmerman for informing the Commission last year of the ability to increase the homestead exemption for senior citizens whose household income does not exceed the maximum threshold income level of $21,599. There was no one else signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4510 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass Ordinance No. 04-4510 on first reading with an additional exemption in property value in the amount of $25,000. Commissioner Servian thanked Mr. Zimmerman for raising the awareness of the additional homestead exemption; and stated that the difference between a $5,000 and a $25,000 exemption is $4,143, which is a negligible amount. Commissioner Bilyeu thanked Staff for placing the proposed Ordinance on the Agenda; and asked if correspondence will be sent to the affected property owners regarding the additional exemption? Mr. Mitchell stated no; that the homeowners are not known; however, in August 2003, the Property Appraiser mailed a pamphlet to taxpayers explaining the additional homestead exemption for County residents; that the explanation was excellent. Commissioner Bilyeu asked if residents living in the City and filing for the County exemption will automatically receive the City exception and not be required to file twice? Mr. Mitchell stated that the thought is taxpayers would not be required to file twice; that the property is the same with the same taxable value. Commissioner Bilyeu stated that confirmation would be appreciated. Mayor Palmer stated that hearing no objections, confirmation should be obtained from the Property Appraiser's Office and provided to the Commission. Mayor Palmer called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Servian, yes; Atkins, yes; Bilyeu, yes. 13. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO 04R-1673, ADOPTING A MASTER PLAN TO GUIDE THE CITY IN MEETING THE RECREATION NEEDS OF ITS CITIZENS AND TO SERVE BOOK 55 Page 26424 11/03/03 2:30 P.M. BOOK 55 Page 26425 11/03/03 2:30 P.M. AS A GUIDE FOR FUTURE DEVELOPMENT OF PAYNE PARK KNOWN AS : "THE PAYNE PARK MASTER PLAN"; SETTING FORTH FINDINGS ; AUTHORIZING IMPLEMENTATION OF THE PLAN; ETC. (TITLE ONLY) ADOPTED AS AMENDED BY IDENTIFYING THE SHUFFLEBOARD COURTS AND LAWN BOWLING COURTS AS TENTATIVE PROPOSALS WITHIN THE PAYNE PARK MASTER PLAN AND AUTHORIZED THE ADMINISTRATION TO NEGOTIATE AN AMENDMENT TO THE BELLOMO- HERBERT CONTRACT TO DEVELOP CONSTRUCTION PLANS AND BID DOCUMENTS FOR THE FIRST PHASE OF CONSTRUCTION OF PAYNE PARK OUTLINED IN THE PAYNE PARK MASTER PLAN AND AUTHORIZED THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE SAME (AGENDA ITEM XIII-1) CD 6:20 through 7:03 Mayor Palmer opened the public hearing and stated that proposed Resolution No. 04R-1673 is to adopt a master plan to guide the City in meeting the recreational needs in Payne Park. Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, Elisabeth Manley and Glendon Herbert, of the Bellomo-Herbert and Associates, came before the Commission. Mr. Herbert stated that two public meetings and meetings with approximately six different boards regarding the Payne Park Master Plan have been conducted; that the Payne Park Master Plan has been a wonderful project; that the City is congratulated on the opening of the skate park; that the hope is the skate park will be an impetus to complete Payne Park; that Payne Park is an activity generator; that representatives of three municipalities wish to visit Payne Park and possibly replicate the park; that Payne Park is a state of the art project; that the main features of the Payne Park Master Plan are the Great Lawn with the Grand Promenade which navigates the Great Lawn, the retention and renovation of the Community Center, the addition of 425 parking spaces on site, the addition of a shuffleboard complex, provisions for a lawn bowling complex, and a pool and fountain feature along School Avenue. Mr. Herbert continued that three main entrances will be created; that one entrance is south off East Avenue from the north side, another off East Avenue from the south side, and one from Washington Boulevard off Oak Street. Mr. Herbert further stated that significant information was received from the public meetings; that the attempt was to address all issues; that the results of the Payne Park Master Plan are pleasing. Commissioner Atkins asked if the two retention pond areas on the south end of Payne Park can be dry retention areas? Mr. Herbert stated that a high water table on the property is problematic; that avoiding a muddy area is preferred; that dry retention areas will be considered as additional engineering information is received. The following people came before the Commission: Jennifer Wilson, 435 Seeds Avenue (34237), President of the Coalition of City Neighborhood Associations (CCNA), stated that the CCNA enjoyed Staff's presentation of the Payne Park Master Plan at the October 2003 CCNA meeting; that CCNA agrees with and endorses proposed Resolution No. 04R-1673 to adopt the Payne Park Master Plan; that the CCNA would like to bring the following to the Commission's attention: Maximize passive recreational use; Recognize the concern of the Alta Vista Neighborhood Association to keep the southeast corner of Payne Park as neighborhood friendly; and - Keep impervious surfaces to a minimum. Ms. Wilson continued that CCNA commends Staff's hard work; that CCNA looks forward to working with the City as the Payne Park Master Plan becomes a reality; that Payne Park will be a fantastic park for all to enjoy. Craig Noren, 602 North Jefferson Avenue (34237), stated that he is a member of the CCNA and an Alta Vista resident; that an October 2003 Alta Vista Neighborhood Association meeting was attended; that the Alta Vista Neighborhood Association takes strong exception to the proposed southeast corner plan and determined, if the Payne Park Master Plan goes forward, the southeast corner would create a condition unfriendly to neighbors; that the concern is an area of Payne Park in proximity to Alta Vista homes; that during the meetings, the representatives of the Alta Vista Neighborhood Association were restricted to: 1) considerations of the perimeter of Payne Park adjacent to the Alta Vista neighborhood, which is approximately one sixth of the perimeter of BOOK 55 Page 26426 11/03/03 2:30 P.M. BOOK 55 Page 26427 11/03/03 2:30 P.M. the park and 2) identification of alternative spaces for changes if proposed; that the Alta Vista neighbors are the most enthusiastic for passive recreation which is defined as sports which are not competitive; that the presented Payne Park Master Plan is not sensitive to the uses and neighbors adjacent to Payne Park; that the use of the southeast corner for club sports will foreclose the utility of the park property to the neighbors in the immediate vicinity for a generation to come; that the real estate will be enclosed in two acres of concrete slab which represents a barrier; that Payne Park is not a neighborhood park; however, a City park does not create a mandate to disregard functional utility of neighboring uses; that the proposed expanse of concrete slab in Payne Park creates the necessity for retention ponds; that the Alta Vista Neighborhood Association suggests bringing sports uses closer to the parking, utilities, etc. Stan Zimmerman, 2469 Novus Street (34237), stated that he lives two blocks away from the southeast corner of Payne Park, which is a neighborhood issue, although Payne Park will be a signature park with Citywide impact; that although many meetings and presentations have been conducted, the current proposed Payne Park Master Plan is virtually identical to the first proposal; that the City spent significant funds and time in preparing the proposed Payne Park Master Plan, which is wasteful as no significant changes were made; that the skate park will be a rousing success; that the southeast section of the Payne Park Master Plan does not provide an area for children to playi that the southeast corner of Payne Park may become an enclave for certain sports clubs; that the southeast section of Payne Park should be made neighborhood friendly, not neighborhood sterile. Madelyn Nelson, 2219 Wood Street (34237), stated she is an Alta Vista resident and Alta Vista Neighborhood Association member; that the shuffleboard courts and lawn bowling should be moved to the north end of Payne Park; that the southeast end of the park should be made more accessible for the neighborhood residents; that the Payne Park Master Plan restricts the southeast corner exclusively to a select group of people by placing an extensive water barrier on the south side; that changes have been made to the original plan extending the lawn bowling area; that sports areas should be arranged to allow Payne Park visitors passage from the south side; that the proposed concrete pads will make future changes difficult; that the hope is the Commission will consider factoring into the Payne Park Master Plan gateways for Alta Vista residents to enter from the southeast section; that Payne Park should be user-friendly. Tracy Topjun, 2224 Novus Street (34237), stated that the skate park is a success; that a new influx of people will be attracted to Payne Park to enjoy the various uses, which is good; however, a footpath entrance should exist at the southeast corner; that the lawn bowling area is the first visual of Payne Park which does not indicate the area is a park; that the hope is Payne Park will be friendly and easy to enjoy. Thomas Patrick, 2234 Wood Street (34237), stated that the placement of the water features, shuffleboard courts, and lawn bowling areas in the Payne Park Master Plan excludes use by children; that the layout of the park along the School Avenue side is not attractive; that Payne Park should be an upgrade for the surrounding neighborhoods; that the park should benefit the children. Todd Yeomans, 3327 Key Avenue (34239), stated that he is the architect hired to help develop First Presbyterian Church's Master Plan; that members of the First Presbyterian Church had concerns regarding a landscaped island down the center of Oak Street; that removing the island from the Payne Park Master Plan is appreciated; that retaining the parking lot near the First Presbyterian Church is appreciated; that not scheduling musical events on Sunday mornings on the stage would be appreciated; that the First Presbyterian Church plans to construct a gymnasium structure which will be adjacent to the proposed ponds in Payne Park; that adjacency of a gymnasium playground and wet ponds is not a good situation for children. Mr. Yeomans continued that he is the Vice President of the local American Institute of Architects (AIA) Chapter; that the local AIA Chapter would like to encourage the design of new development be conducted as public competitions as a means to increase public awareness of design and achieve the best product; that the local AIA members would be happy to assist the City in developing competitions for design of development structures. Joe Moraca, 2163 Hibiscus Street (34239), stated that seeing the Payne Park Master Plan coming close to fruition is pleasing; that the design is nice; that Payne Park is an enormous piece of property; that significant work was expended preparing the Payne Park Master Plan; that Staff has attempted to accommodate the community's needs; that the Payne Park Master Plan will benefit the surrounding neighborhoods and the City. BOOK 55 Page 26428 11/03/03 2:30 P.M. BOOK 55 Page 26429 11/03/03 2:30 P.M. Mr. Herbert, Mr. Mountain, and Ms. Manley came forward. Mr. Herbert stated that the location of the shuffleboard courts was moved further to the west in response to the concerns of locating the shuffleboard activity in the southeast area; that three walkway areas to the park will be created: one at the intersection of Alderman Street and School Avenue, one between the ponds near the residential area on Alderman Street, and one on East Avenue; that the lawn bowling area can be used for multiple purposes such as croquet, putting, lawn bowling, etc.; that the lawn bowling area is not viewed as creating a barrier for access; that the Great Lawn is a 5%5 acre site, the size of Island Park at the Bayfront; that significant room exists for many activities; that two existing retention ponds will be expanded as fountain features; that a bridge will cross one pond; that a walkway passes between two ponds and walkways go around the ponds; that Payne Park is a passive park other than the skate park and tennis courts; that minimizing the amount of impervious surfaces is the intent. Ms. Manley thanked the Alta Vista Neighborhood Association for actively participating in the public presentations; and stated that comments assisted in refining the Payne Park Master Plan; that Payne Park is a 40 acre park; that the distance from the edge of the City Walk condominiums to the first side of the pavement of the park is approximately 100 feet; that Payne Park is not sandwiched near surrounding structures; that a passive character is emphasized along the southern edge of the park to accommodate the nearby residents; that the street was split at the intersection of Alderman Street and School Avenue to provide a pedestrian access across the intersection to the park; that the parking areas were staggered to provide good sight lines for children to safely cross to the play area; that the southeast portion of Payne Park was designed to be buffered and passive to benefit the residents. Vice Mayor Martin asked for clarification of the landscape plans along School Avenue. Mr. Herbert stated that the landscaping on School Avenue was planned to provide a pleasant window to the park for residents of future development; that the pond and fountain will be a dramatic feature; that a major pedestrian crossing into the Great Lawn is at the traffic signal on School Avenue; that parking is distributed around the park to eliminate long walks to the various areas of the park; that the periphery landscaping is designed to give a sight line which will encourage visiting the park. Vice Mayor Martin asked if pond size is predicated on hard surface courts in the park? Mr. Herbert stated that stormwater from Alderman Street must be addressed; that the required size of the ponds will not be known until engineering details are completed; that creating the ponds will generate fill. Vice Mayor Martin stated that the understanding is a decision was made to use Astroturf on the lawn bowling courts due to ease and cost of maintenance. Mr. Herbert stated that is correct. Vice Mayor Martin stated that an impervious surface would not exist if a decision were made otherwise. Mr. Herbert stated that is correct. Mr. Mountain stated that natural grass courts would require protection with a fence or barrier; that Astroturf on concrete is a more conducive use for activities such as croquet or putting. Vice Mayor Martin asked if a perimeter fence will be installed? Mr. Mountain stated no. Ms. Manley stated that the intent is to create an open feeling. Vice Mayor Martin stated that Payne Park will have ease of access at all points; and asked if the Sarasota Police Department is comfortable with the compliance of the Payne Park Master Plan with Crime Prevention Through Environmental Design (CPTED) principles? Ms. Manley stated yes. Commissioner Atkins stated that the Payne Park Master Plan is a wonderful example of the best park for the City; that if engineering permits, the hope is water areas can be limited to provide more greenspace in the southeast area sO the community BOOK 55 Page 26430 11/03/03 2:30 P.M. BOOK 55 Page 26431 11/03/03 2:30 P.M. will have space to walk through to reach the activity areas of the park. Mr. Herbert stated that reducing water areas will be attempted. Commissioner Bilyeu stated that the southeast portion of Payne Park will not be phased in for several years; that the lawn bowling courts are multipurpose and will be an open area for activities such as pickup football, putting, croquet, etc.; that the multipurpose area should be fenced for protection as footballs, golf balls, croquet balls, etc., will be used; that the placement of the stage is a concern; that Phase I is supported; however, building a park with funds which could be utilized for streets and sidewalks in the City is a concern; that perhaps, grants or Federal or State government funds can be obtained; that a public perception is the lawn bowling area will be a naked slab of concrete; that the lawn bowling area will either be grass or concrete covered with Astroturf; that competition among architects for redevelopment design is good; that the input from neighborhood residents is appreciated; that Staff's hard work is also appreciated. Mr. Herbert stated that a plaza area is created to set up temporary staging; that the stage can be oriented in any direction to be sensitive to the concerns of the First Presbyterian Church. Commissioner Bilyeu stated that the stage can face north. Mr. Herbert stated that is correct; that the stage can be located in various areas of Payne Park. Mr. Mountain stated that the City will control and maintain Payne Park, not the County; therefore, the City will maintain control of activities in Payne Park. Commissioner Servian stated that Alta Vista residents' concerns have been addressed; that individuals are not precluded from using the multipurpose courts; that no exclusivity is intended for the multipurpose courts; that an events schedule can be prepared precluding events on Sunday morning which could interrupt First Presbyterian Church services; that working with residents of the surrounding neighborhoods is appreciated. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1673 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 04R-1673. Vice Mayor Martin stated that the addition of two shuffleboard courts has always been a concerni that the lawn bowling courts may or may not move from the current location on US 41 next to the Municipal Auditorium to Payne Park; that a suggestion is to include the wording "reserved for possible multi-purpose courts" and "reserved for possible lawn bowling courts" in the identification of the location of the courts to emphasize the tentativeness of the plans; that the suggestion is offered as a friendly amendment to the main motion. Commissioner Atkins as the maker of the motion, with the approval of Commissioner Servian as the seconder, agreed to accept the amendment to the main motion. Mayor Palmer stated that conversations with lawn bowlers have occurred; that locating a lawn bowling area in Payne Park is more than a tentative concept. Mayor Palmer restated the motion as to adopt Resolution No. 04R-1673 as amended by identifying the shuffleboard courts and lawn bowling courts as tentative proposals within the Payne Park Master Plan and requested that City Auditor and Clerk proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to authorize the Administration to negotiate an amendment to the contract with Bellomo-Herbert and Associates to develop construction plans and bid documents for the first phase of construction of Payne Park outlined in the Payne Park Master Plan and authorize the Mayor and City Auditor and Clerk to execute same. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. BOOK 55 Page 26432 11/03/03 2:30 P.M. BOOK 55 Page 26433 11/03/03 2:30 P.M. 14. NEW BUSINESS: REPORT RE: 2004 LEGISLATIVE ISSUES = ADOPTED THE CITY 2004 LEGISLATIVE ISSUES WITH CHANGES AS INDICATED BY THE COMMISSION (AGENDA ITEM XIV) CD 7:03 through 7:25 Mayor Palmer stated that the 2004 Legislative Issues Report is included in the Agenda backup material. Commissioner Bilyeu asked if the Legislative Issue regarding the Ed Smith Stadium indicates support of changing the ad valorem tax provisions concerning sports stadiums? City Auditor and Clerk Robinson stated that the City pays ad valorem taxes on the Ed Smith Stadium; that the City is supporting a Constitutional amendment to exempt cities from paying ad valorem on sports stadiums in the same manner as counties are exempt. Commissioner Bilyeu asked if the Legislative Issue concerns land the City owns and leases to profit-making entities? City Auditor and Clerk Robinson stated no; that tax on leased City-owned land is a separate issue. Commissioner Servian asked if taxes are paid on the Bobby Jones Golf Complex? City Auditor and Clerk Robinson stated that taxes are paid on the restaurant operation but are passed on to the restaurant operator. Commissioner Atkins stated that reinstitution of State grants for parks should be supported; that the City should encourage the State to reconsider the withdrawal of greenspace grants which occurred during the past two years. Mayor Palmer stated that a number of trust funds have been raided in the past two years; that the Sadowski Affordable Housing Trust Fund and other trust funds have been raided for various purposes. Commissioner Servian asked the reason for the Legislative Issue regarding support of a Constitutional amendment to allow citizen initiatives to pass, amend, and repeal State legislation? Mayor Palmer stated that the amendment is a result of frustration regarding a significant number of inappropriate Constitutional amendment initiatives such as protection of pigs in the State Constitution; that the Legislative Issue is an attempt to initiate a Constitutional amendment to allow citizen initiatives without a requirement to amend the State Constitution; that many amendments should not be included in the Constitution; that, for example, the Florida League of Cities supports the initiative to pass a Constitutional amendment to allow cities to amortize billboards; that the State Legislature passed a law in 2003 eliminating the ability of local governments to amortize, eliminate, or regulate existing billboards; that the Florida League of Cities passed a resolution to initiate an amendment to the State Constitution to repeal the billboard law; that special interest groups are placing pet issues on ballots for amendments to the State Constitution, which is not the purpose of the Constitution; that the attempt is for citizen initiatives to pass, amend, or repeal State legislation without changing the Constitution. Commissioner Servian stated that inappropriate amendments are problematic and expensive for the taxpayer. Vice Mayor Martin requested clarification of the Legislative Issue regarding assessment of a $200 fee for filing a municipal code or ordinance violation in court. City Auditor and Clerk Robinson stated that the attempt is to provide an example of the impact of the fee to the City in the future. City Auditor and Clerk Robinson continued that the Legislative Issue regarding the use of electronic infraction traffic detectors, known as the red light bill, allows cameras at traffic signals. Mayor Palmer apologized for the delay in distributing the Legislative Issues Report; and stated that time is critical as the Legislative Issues Report must be submitted to the Manasota League of Cities for the November 6, 2003, meeting. City Manager McNees stated that identifying the Legislative Issues regarding reinstatement of the State matching grant program to renovate spring training facilities and changing ad valorem tax provisions to exempt taxes on the Ed Smith Stadium as high priorities is suggested. Vice Mayor Martin agreed. BOOK 55 Page 26434 11/03/03 2:30 P.M. BOOK 55 Page 26435 11/03/03 2:30 P.M. Mayor Palmer stated that City Auditor and Clerk Robinson is familiar with preparing the Legislative Issues Report; that priorities will be indicated in the Report; that the Commission is confident the Legislative Issues Report will be prepared flawlessly as always in the past. Vice Mayor Martin stated that significant concern exists concerning the Legislative Issue regarding the Florida Council of 100's proposal to shift water supply allocation from a publicly regulated process to a commodity market driven process; that opposition to the proposal has not been observed. Mayor Palmer stated that a personal discussion occurred regarding the Florida Council of 100's proposal with the Intergovermmental Relations Policy Committee of the Florida League of Cities. Vice Mayor Martin stated that personal discussions occurred regarding the Florida Council of 100's proposal with the Environmental Quality Policy Committee of the Florida League of Cities and the Sarasota Board of County Commissioners. Mayor Palmer stated that the Sarasota Board of County Commissioners passed a resolution opposing the Florida Council of 100's proposal. Commissioner Bilyeu stated that most likely, every City and County north of Interstate (I)-4 would oppose the Florida Council of 100's proposal. Commissioner Servian agreed. Vice Mayor Martin stated that for the County to have moved forward with a resolution opposing the Florida Council of 100's proposal provides reassurance. Mayor Palmer stated that the Sarasota Board of County Commissioners was very uncompromising in the resolution. City Manager McNees stated that Staff is indicating the Commission should act immediately regarding the Florida Council of 100's proposal. Mayor Palmer stated that the Legislative Issues regarding reinstatement of State matching grant program to renovate spring training facilities and changing ad valorem tax provisions to exempt taxes on the Ed Smith Stadium will be identified as the high priorities. Commissioner Bilyeu requested clarification of the Legislative Issue regarding legislation adversely impacting the ability of the Community Redevelopment Agencies (CRAs) to operate? City Auditor and Clerk Robinson stated that for the past two years, legislation has been introduced by proponents in Broward County, Florida, which strips the powers of the CRAS by requiring the County to approve all CRA expenditures. Mayor Palmer stated that the Legislative Issue regarding creating any additional unfunded State mandates should be identified as the highest priority under legislation opposed by the City; that the Legislative Issue regarding the operations of CRAS is the second priority; that the Legislative Issue regarding creating new disability presumptions for police officers and firefighters is the third priority. Mayor Palmer stated that the initiative regarding a Constitutional amendment requiring citizens to vote on and approve any amendments to local comprehensive plans would be significantly expensive as an election would be required for every change to the City's Comprehensive Plan, also called the Sarasota City Plan. Commissioner Servian stated that all the citizens do not have the expertise to make decisions regarding appropriate development. Mayor Palmer stated that citizens experience significant frustration with governmental decisions; that requiring citizens to vote on every change to the City's Comprehensive Plan would not only be expensive but strip the concept of republican representative government. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the City 2004 Legislative Issues with changes as indicated by the Commission. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Servian, yes; Palmer, yes. BOOK 55 Page 26436 11/03/03 2:30 P.M. BOOK 55 Page 26437 11/03/03 2:30 P.M. 15. COMMISSION BOARD AND COMMITTEE REPORTS - AGREED TO SCHEDULE A JOINT MEETING WITH THE SARASOTA HOUSING AUTHORITY AND INVITE THE SARASOTA BOARD OF COUNTY COMMISSIONERS (AGENDA ITEM XV) CD 7:20 through 7:35 COMMISSIONER BILYEU: A. stated that he attended his first Board Meeting of the Manasota Partnership Safe Children which is a division of the Foster Parent Program; that sitting on the Board is pleasing; and thanked Mayor Palmer for suggesting his sitting on the Board. COMMISSIONER SERVIAN: A. stated that the Economic Development Board will meet on November 4, 2003, at the Startup Florida Incubator at 650 Central Avenue and will tour the facility; that an industry exposition will be conducted at Robarts Arena on November 19, 2003, showcasing local manufacturers and providing the opportunity for various manufacturers to network in purchasing products from each other rather than outside the local area; that in the third quarter, in the County a total expansion of businesses in the County brought in 63 new jobs, $10.5 million, and relocations year-to-date of 105 jobs for an economic impact of $4.2 million. B. stated that all Metropolitan Planning Organizations (MPOs) have been informed MPOs are precluded from any lobbying effort as MPOs receive highway funds; that both Sarasota and Manatee Counties are going to contribute $10,000 to the Sarasota/Manatee Metropolitan Planning Organization (MPO) for lobbying purposes; that any contributions from municipalities will be graciously accepted. C. stated that the Transportation Equity Act of the 21st Century (TEA21) expired September 30, 2003; that the successor Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 (SAFETEA) legislation is currently in the Senate in the markup stage and due to go to the House in early 2004; that, in the meantime, a five month extension has been granted; that 5/12 of the year's amount based on the same amount as last year has been received one month at a time. D. stated that subsequent to the Census, Florida Governor Jeb Bush recommended Sarasota and Manatee County MPOS merge with the MPOs of Charlotte County and Punta Gorda; that a group to study a possible merger was established and voted to maintain independence; that the Sarasota/Manatee MPO has entered into an interlocal transportation planning process agreement with Charlotte County and Punta Gorda which was reviewed with the Governor's office; that the belief is the Governor will approve the agreement. E. that the MPO approved the application for the Scenic Highway designation for Tamiami Trail; that the MPO staff has agreed to act as the administrative coordinator for the management of the corridor. COMMISSIONER ATKINS: A. stated that he attended a recent Sarasota Housing Authority meeting; that the Sarasota Housing Authority is diligently working to prepare a proposal for the HOPE (Housing Opportunities for People Everywhere) VI grant and has received the basic requirements from the Federal government to develop the application; that the Sarasota Housing Authority has a good opportunity to be a participant in the receipt of the HOPE VI grant funds; that one of the greatest struggles is having options for relocation and displacement remedies for current residents; that the Sarasota Housing Authority will attempt to identify properties on which to construct replacement homes and apartments to meet the threshold requirements of the HOPE VI grant; that every other aspect of the grant application process is moving along smoothly. Mayor Palmer stated that the Commission should have a joint meeting with the Sarasota Housing Authority; that the Notice of Funding Availability (NOFA) has been received; that additional information regarding the NOFA is desired; that supporting the Sarasota Housing Authority is important. BOOK 55 Page 26438 11/03/03 2:30 P.M. BOOK 55 Page 26439 11/03/03 2:30 P.M. Commissioner Atkins stated that a discussion occurred regarding the preparation of the Sarasota Housing Authority to begin formulating partnerships for the HOPE VI grant application; that the Sarasota Housing Authority is willing to meet with any and all governmental groups and is prepared to have meetings at any time; that a barrier to the application process is the holiday season during which everyone is busy. Vice Mayor Martin stated that the Sarasota Board of County Commissioners should also be involved in a meeting with the Sarasota Housing Authority. Mayor Palmer stated that the County will be invited to the joint meeting with the Sarasota Housing Authority. Vice Mayor Martin stated that a report from the Administration regarding the City's focus and efforts in bringing leveraging to the HOPE VI grant application process would be helpiul. Mayor Palmer stated that the City and County have had joint meetings regarding affordable housing; that the Commission should invite the Sarasota Board of County Commissioners and the County Administration to attend a joint meeting with the Sarasota Housing Authority; however, determining a time for all three boards to meet may be difficult. Vice Mayor Martin stated that a liaison from each board rather than the entire board can attend a meeting; that the holding of sO many meetings is a concern. Mayor Palmer stated that a meeting with the Sarasota Housing Authority is important. Vice Mayor Martin stated that time is of the essence; that the Commission should not conduct any meetings which are inefficient. Commissioner Servian agreed. City Manager McNees stated that the City's role to date has been brainstorming with the consultants from the Sarasota Housing Authority regarding matching or leveraging funds; that the Sarasota Housing Authority should inform the City of requirements as the requirements occur; that a report of the City's participation will be difficult until the Sarasota Housing Authority's specific requirements are known; that the next step is to communicate with the Sarasota Housing Authority to learn the manner in which the City can assist the Sarasota Housing Authority. Mayor Palmer stated that hearing no objections, the Commission requests City Auditor and Clerk Robinson to schedule a joint meeting with the Commission and the Sarasota Housing Authority and to invite the Sarasota Board of County Commissioners. 16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA AGREED TO DIRECT THE ADMINISTRATION TO: 1) RESEARCH IF BLOWING LAWN CLIPPINGS AND LEAVES INTO STORMWATER DRAINS IS A CODE VIOLATION, 2) PROVIDE A REPORT BACK REGARDING THE USE OF ALCOHOL AT SOUTH LIDO PARK, AND 3) RESEARCH TECHNIQUES OR SYSTEMS TO INVOLVE YOUNG PEOPLE IN THE COMMUNITY TO SERVE IN AN ADVISORY CAPACITY AND REPORT BACK WITH A RECOMMENDATION, ; REFERRED THE USE OF TAX INCREMENT FINANCING FUNDS TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD WITH DIRECTION TO CONSIDER SPECIFICALLY: 1) COMMUNITY POLICING, 2) BEAUTIFICATION, 3) MAINTENANCE, 4) INCENTIVIZING RETAIL, AND 5) HOUSING; AGREED TO PLACE AN ITEM CONCERNING THE AFFORDABLE HOUSING TREE FUND ON A FUTURE COMMISSION AGENDA; AND REFERRED TO THE ADMINISTRATION THE POSSIBILITY OF CANCELING A COMMISSION MEETING OR MEETINGS IN THE SUMMER OF 2004 FOR A REPORT BACK (AGENDA ITEM XVI) CD 7:35 through 8:05 COMMISSIONER BILYEU: A. stated that he attended a luncheon at the new Salvation Army facility which is wonderful. B. stated that seeing lawn clippings and leaves blown down a stormwater drain is disturbing; that Staff should determine if blowing debris in a stormwater drain violates any codes. Mayor Palmer stated that hearing no objections, Staff should research if blowing lawn clippings and leaves into stormwater drains is a code violation. COMMISSIONER SERVIAN: A. asked the status of the possible changes to the Bobby Jones Golf Complex Advisory Board? BOOK 55 Page 26440 11/03/03 2:30 P.M. BOOK 55 Page 26441 11/03/03 2:30 P.M. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Staff is preparing an issues matrix which will be brought to the Commission for direction. B. asked the status of the mooring fields which has been previously discussed? Mr. Schneider stated that a second revision of the Management Plan has been received; that the Management Plan will be separated into three documents, i.e., rules, by-laws, and the management plan; that the law student working on the Management Plan is currently unavailable as he is taking his bar examination on November 7, 2003; that completing the Master Plan as quickly as possible is desired as a Request For Proposal is required for an engineering consultant to prepare the submerged lands lease; that completing the Management Plan and lease concurrently is desired. Commissioner Servian asked if the Management Plan and lease will be implemented soon? Mr. Schneider stated yes. C. stated that Police Officers stationed on the barrier islands indicate increased problems exist with the vagrants in South Lido Park; that the comment is intended as informational; that Police Officers have been in contact with the County Parks staff to determine if a ban on alcohol use in the park can be imposed; that people are at South Lido Park drinking and carousing at 8:00 a.m.; that the activities become progressively worse as the day goes on; that drinking alcohol at South Lido Park is becoming an enforcement problem. Vice Mayor Martin asked if an open container law exists at South Lido Park? Commissioner Servian stated that apparently no alcohol ban exists at South Lido Park. Mayor Palmer stated that hearing no objections, the Administration is to report back regarding the use of alcohol at South Lido Park. VICE MAYOR MARTIN: A. stated that a report was received from Special Legal Counsel for the Community Redevelopment Agency (CRA) regarding the use of Tax Increment Financing (TIF) funds who indicated the State Statutes have an inclusive rather than exhaustive list of permitted uses of TIF funds; that amendments to the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) can identify specific uses of TIF funds; that scheduling a CRA workshop to determine appropriate use of TIF funds is suggested. Mayor Palmer stated that referring the appropriate use of TIF funds to the CRA Advisory Board is preferred; that the thought was the use of TIF funds had already been referred to the CRA Advisory Board; that if not, the issue should be referred to the CRA Advisory Board. Vice Mayor Martin stated that the use of TIF funds can be referred to the CRA Advisory Board with some direction of the Commission's desired uses. Commissioner Servian stated that using TIF funds for policing is a use the Commission has indicated should be considered. Vice Mayor Martin stated that beautification, maintenance, incentivizing retail, and housing were addressed as uses for TIF funds. Mayor Palmer stated that hearing the Commission's consensus, the use of TIF funds is referred to the CRA Advisory Board with direction to consider specifically: 1) community policing, 2) beautification, 3) maintenance, 4) incentivizing retail, and 5) housing. B. stated that consideration should be given to the scheduling of Commission meetings on holy days; that an item could be scheduled for discussion at a Regular Commission meeting if desired. City Auditor and Clerk Robinson stated that his intent was to bring up the issue of scheduling of Regular Commission meetings at the Commission's retreat. Vice Mayor Martin stated that discussing the issue during the Commission's retreat is acceptable. BOOK 55 Page 26442 11/03/03 2:30 P.M. BOOK 55 Page 26443 11/03/03 2:30 P.M. C. stated that creating an affordable housing tree fund was discussed at the time the Tree Ordinance was created; that no funds are in the tree fund as yet; however, affordable housing developers indicate the Tree Ordinance drives up the costs of housing; that the City's Street Tree fund has not been depleted; that the City could set aside approximately $5,000 to $10,000 to seed the affordable housing tree fund. Mayor Palmer stated that hearing no objections, discussion of the affordable housing tree fund should be placed on a future Commission Agenda. D. stated that a group of Sarasota citizens is traveling to China in December 2003; that he, the City Manager, and others, including a group of actors from the Players Theatre, will visit China as a cultural exchange; that a Chinese group of 17 individuals will be arriving in Sarasota on November 10, 2003; that Sarasota businesses have contributed to provide tours, meals, etc.; that the Commission is invited to a welcome dinner on November 11, 2003; that the Commission is requested to host a dinner for the Chinese delegation on November 16, 2003; that the Chinese delegation, representatives of the Players Theatre, the Commissioners, and the Charter Officials will total approximately 30 people; that the Commission is requested to appropriate $1,000 to host a dinner; that apologies are offered for the late notice. City Manager McNees stated that the Administration can determine if budgeted funds are available or, if necessary, present a Special Appropriation at the November 17, 2003, Regular Commission meeting. Mayor Palmer stated that funds cannot be appropriated at this time; that the only action the Commission can take is to refer the matter to the Administration to bring back a Special Appropriation at the November 17, 2003, Regular Commission meeting, if required. City Manager McNees stated that a Special Appropriation would, by necessity, be after the expenditure; that the Commission's consensus concerning desired action regarding the expenditure is requested. Mayor Palmer stated that the request for the $1,000 expenditure should be referred to the Administration; that establishing a precedent of taking inappropriate action is not desired; that the Administration can return with a Special Appropriation if necessary, at which time the Commission will likely approve the request. City Auditor and Clerk Robinson stated that receptions are generally budgeted in the Office of the City Auditor and Clerk; that the funds are likely available. City Manager McNees stated that the Commission's majority consensus is requested to expend the funds; that he will not personally authorize the expenditure. Commissioner Servian stated that the expenditure is supported. Commissioner Bilyeu agreed. COMMISSIONER ATKINS: A. stated that the Commission should consider a program with the youth group, The First Tee, which has contributed important activities in other communities; that the City should partner with The First Tee to provide healthy activities for young people. B. stated that he has been substitute teaching in the Sarasota County school system; that the young people are very pleased with the Payne Park skate park and also have other concerns; that young people who do not skate have no place for activities and are looking for a place to go; that the City should assist entrepreneurs to develop an opportunity for young people to have a place to go; that the youths can no longer congregate at malls and are being forced back into the streets; that students made comparisons to other cities which created a hub of activities for young people. Mayor Palmer stated that the young people should make their desires known and be involved in making decisions concerning youth activities; that a student has been appointed to the Lido Beach Facilities Task Force; that the City of Venice, Florida, has an advisory board comprised of young people who address issues concerning the youth in the community; that the City should consider a youth advisory board. BOOK 55 Page 26444 11/03/03 2:30 P.M. BOOK 55 Page 26445 11/03/03 2:30 P.M. Commissioner Atkins stated that he continuously attempts to entice young people to attend meetings; that young people should participate in the process. Mayor Palmer stated that hearing no objections, the Administration should research techniques or systems to involve young people in the community to serve in an advisory capacity and report back with a recommendation. MAYOR PALMER: A. referred to correspondence and photographs from Wings Academy displayed on the Chamber monitors; and stated that the photographs show the Sarasota Centennial Fishing Tournament; that all the participating children signed the note; that the fishing tournament was a great part of the City's 100th anniversary; that Wings Academy is a charter school. B. stated that the Commission previously discussed taking a break by canceling one meeting in the month of July after the completion of the Budget Workshops rather than August; that taking a meeting off in the summer impacts Agendas for the Commission as well as the Planning Board/Local Planning Agencyi that the views of the Commissioners as to an appropriate time is requested sO the Administration can come back with a final recommendation. Commissioner Servian stated that a meeting in August 2004 should be canceled. Vice Mayor Martin stated that the first meeting in August 2004 before the commencement of school should be canceled. Commissioner Atkins stated that school started this year on August 4, 2003. Vice Mayor Martin stated that the thought was to allow a break for people with children in school or for school teachers. Commissioner Atkins stated that the meeting canceled should be prior to the first week of school. Commissioner Servian stated that canceling the second meeting of July 2004 may, therefore, be better. Vice Mayor Martin stated that the second meeting of July 2004, immediately following the Budget Workshops, could be canceled. Commissioner Atkins stated that canceling the second meeting in July 2004 would be better for him. Vice Mayor Martin stated that the second meeting of July 2004 and the first meeting of August 2004 could be canceled. Mayor Palmer stated that canceling two meetings may be difficult; however, the Sarasota Board of County Commissioners cancels two meetings in July and August; that canceling meetings is difficult for Staff; that hearing no objections, the possibility of canceling a Commission meeting or meetings in the summer of 2004 is referred to the Administration for a recommendation back. C. stated that the Van Wezel Performing Arts Hall requires exterior cleaning. D. stated that the John Deere convention brought in a large number of people and over $2.5 million in economic impact; that John Deere representatives are happy to meet in Sarasota; however, the City must provide more facilities to attract John Deere to return. E. stated that conversations were held with developers regarding the establishment of an affordable housing trust fund and a transit development trust fund; that the Traffic Concurrency Exception Area (TCEA) requirements in Downtown may be changed; that consideration should be given to developing alternative funds for affordable housing as Downtown land costs are prohibitive for affordable housing; that some type of contribution for affordable housing in the Downtown must exist; that a concern is the City is not moving issues forward to address avenues for providing affordable housing; that referring research of methods for providing affordable housing to the Administration is suggested; that a fear is the City will be accused of discrimination if no policy is in place. City Manager McNees asked for clarification of the request. BOOK 55 Page 26446 11/03/03 2:30 P.M. BOOK 55 Page 26447 11/03/03 2:30 P.M. Mayor Palmer stated that the request is to research the possibility of an affordable housing trust fund and a transit development trust fund to receive contributions by cooperating developers; that discussions have occurred regarding the necessity to provide affordable housing in the Community Redevelopment Area; that the land costs are too expensive to justify construction of affordable housing; that incentives or inclusionary housing have been discussed in the past. City Manager McNees stated that the direction concerning affordable housing is included in the direction already given to the CRA Advisory Board. Commissioner Servian stated that Citywide inclusionary zoning has been discussed for two years; that information concerning the activities of other cities or possible application to the City of Sarasota has not been received regarding implementing inclusionary zoning; that inclusionary zoning should be considered Citywide and not just in the Downtown. Mayor Palmer stated that intormation must be received prior to making any decisions. City Manager McNees stated that the Commission is now reierring a request for information related to the affordable housing trust fund and transit development trust fund to the CRA Advisory Board; that additionally, the Commission is requesting a report concerning inclusionary zoning based on research being conducted by the City Attorney's Office. Commissioner Servian stated that is correct. Vice Mayor Martin stated that the County has an affordable housing task force; that information could be obtained from the County if available; that alternatively, the request could be forwarded to the County rather than starting a new effort. Mayor Palmer agreed; and stated that the County established a task force and provided direction to consider the development of affordable housing; that the City should not begin a new initiative; that the frustration is the City Commission had a meeting scheduled with the Sarasota Board of County Commissioners to discuss affordable housing which was canceled due to various circumstances; that the feeling is the City is in a vacuum and not moving. Commissioner Bilyeu stated that affordable housing has been discussed for many years; that significant affordable housing through the Community Development Block Grant (CDBG) program and through the Sarasota Housing Authority has been developed but most is in the County; that TIF funds from the Community Redevelopment Area can contribute to affordable housing in the Downtown; that affordable housing should be defined as affordable by an individual working and living in the Downtown; that the CRA Advisory Board has been directed to determine use of TIF funds; that the City must immediately address and establish policies regarding use of TIF funds. Mayor Palmer stated that the use of TIF funds to provide for affordable housing Downtown has been referred to the CRA Advisory Board. 17. OTHER ATERS/AMINISTAITVA OFFICERS - SCHEDULED A SPECIAL COMMISSION MEETING AT 6 P.M. DECEMBER 17, 2003, TO CONSIDER THE SITE PLAN FOR THE SCAT TRANSFER FACILITY (AGENDA ITEM XVII) CD 8:05 through 8:10 CITY MANAGER MCNEES: A. stated that an individual at the opening of the skate park on October 31, 2003, at 6:00 p.m. introduced himself as a former resident at the Sarasota Mobile Home Park; that he indicated he was one of the last to give up his home; that he thought a parking garage would be constructed rather than a park; that observing the activity and youths enjoying the park, he said, "it makes me feel good about giving up my home if this is what it was for"; that the City agonized over forcing people out of the Sarasota Mobile Home Park; however, an individual who was forced out was happy with the result. Mayor Palmer stated that the individual also spoke to her. CITY AUDITOR AND CLERK ROBINSON: A. stated that the County re-filed the site plan for the Sarasota County Transit Authority (SCAT) transfer facility on October 29, 2003; that the site plan will be presented to the Development Review Committee on BOOK 55 Page 26448 11/03/03 2:30 P.M. BOOK 55 Page 26449 11/03/03 2:30 P.M. November 19, 2003, and the Planning Board/Local Planning Agency on December 10, 2003; that the site plan would have been presented to the Commission at the December 15, 2003, Regular Commission meeting; however, the Vice Mayor and the City Manager will be out of town; that additionally, the development approvals for Mote Marine Laboratory and Aquarium, Inc., and Gifts from God are scheduled for the December 15, 2003, Regular Commission meeting; therefore, adequate time would probably not be available to consider the SCAT transfer facility; that a Special Commission meeting has tentatively been scheduled for 6 p.m., December 17, 2003; that the County is in agreement with the schedule; that the Sarasota Board of County Commissioners has a meeting scheduled for December 16, 2003, at which time the contract will be awarded contingent upon the City Commission's approval of the site plan. Mayor Palmer stated that hearing no objections, a Special Commission meeting will be scheduled at 6 p.m., December 17, 2003, to consider the site plan for the SCAT transfer facility. 18. ADJOURN (AGENDA ITEM XVIII) CD 8:10 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of November 3, 2003, at 8:10 p.m. LOU ANN R. PALMER, MAYOR ATTEST: 27 ilye Rolmeon BILLY E.ROBINSON, CITY AUDITOR AND CLERK