BOOK 56 Page 28177 06/21/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 21, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, and Danny Bilyeu, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Commissioner Lou Ann R. Palmer, on vacation. PRESIDING: Mayor Martin 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. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 There was no one signed up to speak. 2. APPROVAL RE; : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MAY 5, 2004 - APPROVED WITH CHANGE INDICATED ; MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JUNE 2, 2004 - APPROVED (AGENDA ITEM II) CD 2:35 through 2:36 Mayor Martin asked if the Commission had any changes to the minutes? Vice Mayor Servian stated that the May 5, 2004, minutes should indicate she was not in attendance due to visiting Treviso, Italy, as part of the Sarasota Sister Cities Association Program. Mayor Martin stated that the minutes of the Special City Commission meetings of May 5, 2004, with the change indicated, and June 2, 4004, are approved by unanimous consent. 3. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4,5, AND 6 APPROVED (AGENDA ITEM IV-A) CD 2:36 through 2:37 1. Approval Re: Affirm Planning Board/Local Planning Agency Resolution, recommending approval of Major Conditional Use Application No. 04-CU-04 and Site Plan Application No. 04-SP-15 to allow construction of three additional tennis courts immediately adjacent to the south of the existing tennis courts within Payne Park located at 2050 Adams Lane in Downtown Sarasota in the Governmental Zone District; providing for conditions of approval; providing that said Major Conditional Use is required to be constructed and located in accordance with the site plan submitted with Application No. 04-SP-15; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Quitclaim Deed between the City of Sarasota and Robert S. McDaniel, Jr. and W. Jane McDaniel for property located at 3601 White Lane on Siesta Key- 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Engineer of Record Services between the City of Sarasota and Leggette, Brashears & Graham, Inc., (RFP #03-41M) for professional consulting services as the City's engineer and hydrologist Engineer of Record for an additional one-year period. 4. Approval Re: The Human Relations Board seeks the Commission's concurrence to participate with the Labor Law Section of the Sarasota County Bar Association in a seminar to further the public awareness of Ordinance No. 03-4462 as it applies to employment issues. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Loan Agreement between the City of Sarasota and the Community Redevelopment Agency in the amount of $85,000 for renovation of the Bayfront Park. 6. Approval Re: Authorize the Mayor to sign the Federal Emergency Management Agency (FEMA) Community Partner Memorandum of Agreement for the Map Modernization Project for Sarasota County. On motion of Vice Mayor Servian and second of Commissioner Atkins stated that, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 6, inclusive. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Servian, yes; Martin, yes. BOOK 56 Page 28178 06/21/04 2:30 P.M. BOOK 56 Page 28179 06/21/04 2:30 P.M. 4. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1773) - ADOPTED; ; ITEM 2 (RESOLUTION NO. 04R-1774) = ADOPTED; : ITEM 3; (RESOLUTION NO. 04R-1775) - ADOPTED ; ITEM 4 (RESOLUTION NO. 04R-1776 - ADOPTED; ITEM 5 (ORDINANCE NO. 03-4500 - ADOPTED; ; ITEM 6 (ORDINANCE NO. 04-4544) ADOPTED, ; ITEM 7 (ORDINANCE NO. 04-4548) ADOPTED; ITEM 8 (ORDINANCE NO. . 04-4551 = ADOPTED (AGENDA ITEM IV-B) CD 2:37 through 2:41 1. Adoption Re: Proposed Resolution No. 04R-1773, appropriating $15,000 from the unappropriated fund balance of the Sarasota Bay National Estuary Program Fund Balance to fund the purchase of computer and communication equipment, software and associated service fees; etc. 2. Adoption Re: Proposed Resolution No. 04R-1774, appropriating $137,500. from the unappropriated fund balance of the Public Art Fund (130) to fund a contract with artist Brower Hatcher for the public art project at Lemon Avenue Plaza, which includes the art work project and a contingency; etc. 3. Approval Re: Proposed Resolution No. 04R-1775 naming the park located in the Bayou Oaks Neighborhood known as 35th Street Park to Firehouse Park; etc. (Title Only). 4. Approval Re: Proposed Resolution No. 04R-1776, appropriating $1,000 from the unappropriated balance of the General Fund to provide funds for a contribution for the Juneteenth Celebration; etc. 5. Approval Re: Second reading of proposed Ordinance No. 03-4500, to conditionally vacate the western approximately 150 foot portion of that certain 20 foot wide platted alley which runs from east to west between 540 North Tamiami Trail and 500 North Tamiami Trail as more particularly described herein; providing for severability of the parts hereof; etc. (Title Only). 6. Approval Re: Adoption Re: Second reading of proposed Ordinance No. 04-4544, to rezone property located at 500 and 540 North Tamiami Trail from the Commercial Neighborhood (CN) Zone District to the Commercial Central Business District (C-CBD) Zone District to allow a proposed office development with a retail component; said development is proposed to be located on the east side of North Tamiami Trail between Fifth Street and the Boulevard of the Arts; approving Site Plan Application No. 02-SP-02 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only). 7. Approval Re: Adoption Re: Second reading of proposed Ordinance No. 04-4548, amending Chapter 37 of the Sarasota City Code, Water and Sewers, adjusting water and sewer rates for the purpose of expanding, repairing, operating and maintaining the water and sewer system of the City of Sarasota by establishing new rates for water consumed; providing for the severability of the parts hereof if declared invalid; providing for repealing ordinances in conflict; etc. (Title Only). 8. Adoption Re: Second reading of proposed Ordinance No. 04-4551, amending Chapter 30, Article V, Division 3, of the Code of the City of Sarasota to provide that no singular newsrack shall be placed, installed or maintained within five hundred feet (500 ft.) of any modular newsrack; thereby increasing the minimum required distance between singular newsracks and modular newsracks by 250 feet from the current required separation of two hundred fifty (250) feet to five hundred (500) feet; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 04R-1773, 04R-1774 and 04-1776 in their entirety, and Resolution No. 04R-1775 and Ordinance Nos. 03-4500, 04-4544, 04-4548, and 04-4551 by title only. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 8, inclusive. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes. Mayor Martin stated that Agenda Item VI-1 concerns the Cultural District Master Plan and may require significant time; that addressing Agenda Items VI-2 and -3 first and subsequently Agenda Item VI-1 is suggested; that hearing no objections, Agenda Items VI-2 and -3 will be addressed prior to Agenda Item VI-1. BOOK 56 Page 28180 06/21/04 2:30 P.M. BOOK 56 Page 28181 06/21/04 2:30 P.M. 5. UNFINISHED BUSINESS: ADOPTION RE : PROPOSED RESOLUTION NO. 04R-1771, AUTHORIZING THE ISSUANCE UNDER THE PROVISIONS OF SECTION 211 OF THE BOND RESOLUTION (AS DEFINED HEREIN), OF NOT EXCEEDING $11,000,000 WATER AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, OF THE CITY OF SARASOTA, FLORIDA FOR THE PURPOSE OF PROVIDING FUNDS TO EFFECT A CURRENT REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING WATER AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1993-C AND AN ADVANCE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1995; DELEGATING TO THE FINANCE DIRECTOR OF THE CITY, UNDER THE CONDITIONS STATED HEREIN, THE AUTHORITY TO EXECUTE A PURCHASE CONTRACT WITH THE UNDERWRITER THEREBY FIXING CERTAIN DETAILS OF THE BONDS HEREIN AUTHORIZED; APPROVING THE FORMS OF THE BOND PURCHASE CONTRACT, ESCROW DEPOSIT AGREEMENTS, PRELIMINARY OFFICIAL STATEMENT AND CONTINUING DISCLOSURE CERTIFICATE, ; APPOINTING A PAYING AGENT / BOND REGISTRAR AND ESCROW HOLDER; APPOINTING THE BOND INSURER AND APPROVING THE COMMITMENT FOR THE FINANCIAL GUARANTY INSURANCE POLICY AND A SURETY BOND ; PROVIDING THE PROCEDURE FOR PROSPECVIVENY AMENDING THE BOND RESOLUTION; TAKING CERTAIN OTHER ACTIONS WITH RESPECT TO SUCH BONDS; ETC. (TITLE ONLY) ADOPTED WITH CHANGE INDICATED (AGENDA ITEM VI-2) CD 2:41 through 2:50 Mayor Martin stated that proposed Resolution No. 04R-1771 authorizes the issuance under the provisions of Section 211 of the Bond Resolution of not exceeding $11 million in water and sewer system revenue refunding bonds. Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 04R-1771 will generate $304,000 of present value savings if the target of three percent of net present value is reached; however, the interest rates will rise on June 30, 2004, and the opportunity to refund bonds will be lost for the next two to four years; that a savings of $272,000 can be realized by changing the language in Section 8(A) (i) of proposed Resolution No. 04R-1771 as follows: the net present value of the debt service savings to be achieved due to the refunding of the Series 1993-C to be refunded, is not less that 2.8 percent of the principal amount of the Series 1993-C Bonds to be refunded, City Auditor and Clerk Robinson read proposed Resolution No. 04R-1771 by title only. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to adopt proposed Resolution No. 04R-1771 with the indicated change. Motion carried unanimously (4 to 0) : Bilyeu, yes; Martin, yes; Servian, yes; Atkins, yes. Vice Mayor Servian stated that new Governmental Accounting Standards Bureau (GASB) standards will require state and local governments to acknowledge the full cost of health benefits promised to retirees; and asked if the changes will be addressed at budget time? Mr. Mitchell stated that a consultant was hired this spring; that consultant will make the calculations. Vice Mayor Servian asked if the calculations will be made by budget time? Mr. Mitchell stated no; that the calculation will be a significant figure. 6. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE TERMINATION OF LEASE AGREEMENT AND A PROPOSED MODIFIED LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND CLEAR CHANNEL COMMUNICATIONS - INC. /CITICASTERS COMPANY 1) APPROVED AND AUTHORIZED THE MAYOR AND CITY AUDITOR TO EXECUTE THE TERMINATION OF THE LEASE AGREEMENT 2) APPROVED AND AUTHORIZED THE MAYOR AND CITY AUDITOR TO EXECUTE THE MODIFIED LEASE AGREEMENT WITH CLEAR CHANNEL COMMUNICATIONS, INC./ /CITICASTERS COMPANY, AND 3) POSTPONED THE DECISION ON THE DEMOLITION PORTION THE LEASE AGREEMENT FOR 60 DAYS (AGENDA ITEM VI-3) CD 2:50 through 3:24 Nancy Carolan, Director, and Robert Schanley, Jr., Procurement Specialist, of General Services, came before the Commission. Ms. Carolan stated that a rent settlement agreement and a modified lease agreement with Clear Channel Communications, Inc./Citicasters Company (Clear Channel) will be presented; that the City bought the land from Robert Weeks; however, the City did not purchase the buildings; that through a subsequent lease agreement, the buildings revert to the City at the end of the BOOK 56 Page 28182 06/21/04 2:30 P.M. BOOK 56 Page 28183 06/21/04 2:30 P.M. lease term in 2036; that the lease provides for a rent increase every five years based on nine percent of the appraised value of the property; that the property is appraised as non-watertront single-family parcel; that the most recent appraisal was $175,000 resulting in a rent amount of $15,750 annually; that an appraisal by the City raised the value to $475,000 which resulted in an increase in rent to $27,000 annually; that the lease outlines procedures for disputing an appraised value; that an independent appraisal can be performed; that Clear Channel hired an appraiser who valued the property at $240,000; that the next step is for the two appraisers to meet and negotiate to reach an acceptable value for the property; that the appraisers were unable to determine a value acceptable to both; that the next step is to select a third appraiser; that the City and Clear Channel submitted names of appraisers with the intent to select one mutually agreed upon appraiser; that agreement was not reached in selecting a third appraiser. Ms. Carolan continued that the management at Clear Channel resigned and new management was brought in; that the new management came to the City and expressed a desire to work with the City to resolve the back rent issue and to move forward with a modified lease agreement; that Clear Channel continued to pay the rent; that if the City's appraisal is used, the back rent owed as of April 1, 2004, would be $60,750; that Clear Channel is proposing a rent settlement agreement with the City which includes several different components such as cash in the amount of $14,083 representing 27 months of back rent at nine percent of an appraised value of $240,000; that a reduction is proposed of the leasehold of approximately 10,000 square feet, or approximately two-thirds of the current leasehold space; that a proposal is to demolish at Clear Channel's expense the existing 4,200 square building formerly used to house radio personnel; that the assumption is the building contains asbestos and lead paint; that Clear Channel proposes to sod the vacated area and provide landscaping on the property; that the 10,000 square feet of land will be returned to the City 32 years earlier than specified in the current lease; that the value is approximately $50,000 to $55,000 which includes the demolition costs, an asbestos study, hauling away the debris, and the addition of landscaping. Ms. Carolan continued that the new lease agreement will provide Clear Channel will pay the City a monthly rent of $1,800 plus tax; that Clear Channel desires to amend the lease term for only the transmitter building and tower for 30 years at $1,800 monthly; that Clear Channel will pay a three percent increase in rent annually; that a section is added to the lease requiring Clear Channel sublet space on the radio tower to accommodate requests received from local radio stations; that subletting will be subject to two conditions: 1) Clear Channel's transmission is not affected, and 2) the subletting broadcaster is not in direct competition with Clear Channel; that Clear Channel will bear the costs of the required engineering studies; that 20 percent of any sublet rent will be paid to the City. Vice Mayor Servian asked the cost to Clear Channel to sublet the tower? Ms. Carolan stated that an engineering study must be conducted to determine if current transmission will not be affected; that the transmitter building houses electrical equipment and generators; that an accommodation must be made for a sublessor for electrical equipment and generators. Vice Mayor Servian asked if the cost could be 80 percent of the rent payment? Ms. Carolan stated that an answer is not known; that previously Clear Channel had exclusive broadcasting rights. Mayor Martin asked if the local broadcasters interested in subletting are aware of conditions imposed in subletting? Ms. Carolan stated yes. Mayor Martin stated that the definition of competition can be equivocated. Ms. Carolan stated that Clear Channel will work with a sublet to ensure competition does not occur. Mayor Martin stated that the City cannot set a sublet rental rate. Ms. Carolan stated that is correct; that costs will be associated with a sublet such as engineering studies and locating equipment. Mr. Schanley stated that the transmitter building must be heavily air-conditioned; that increasing the air conditioning volume may require an increase if additional broadcasters occupy the building; the City leases the grounds only to Clear Channel; that the buildings and equipment are owned by Clear Channel. BOOK 56 Page 28184 06/21/04 2:30 P.M. BOOK 56 Page 28185 06/21/04 2:30 P.M. Commissioner Bilyeu asked if the $475,000 and $240,000 appraisals are for the entire parcel; that the validity of waterfront property appraised at $240,000 is doubtful. Ms. Carolan stated that the appraisals were on the land only as a non-waterfront single-family residential parcel; that the appraisals were significantly disparate; that the appraisal was based on 15,550 square feet; that the new leasehold proposed by Clear Channel is for approximately 5,000 square feet; that the $240,000 value was a negotiated figure for the smaller portion of land; that the City does not agree the value of the leasehold is $240,000. City Manager McNees stated that the lease specifies the value will be based on the value of a non-waterfront single-family lot. Mayor Martin stated that the lease will be modified. City Manager McNees stated that is correct. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a settlement has been negotiated; that negotiations with Clear Channel lasted two yearsi that costly litigation may have occurred if a settlement was not reached. Commissioner Bilyeu stated that the $240,000 appraised value is for the entire parcel. Ms. Carolan stated that is correct. Commissioner Bilyeu stated that rent will be based on $240,000; that Clear Channel will have less land and additional land will revert to the City. Ms. Carolan stated that is correct; that part of the rent settlement agreement and new lease provides for the demolition by and at Clear Channel's expense of the 4,200 square foot building; that the Commission was not approached earlier as various organizations expressed an interest the building; that an agreement consistent with adopted City policy could not be reached. Ms. Carolan referred to an April 8, 2004, memorandum, from Michael Connolly, Attorney, City Attorney's Office to the Deputy City Manager indicating the Ken Thompson Park Master Plan must be amended as required by Section 22-1 of the Sarasota City Code (1986 as amended) (City Code); : that a request is to authorize Staff to begin the amendment process. The following person came before the Commission: Craig Pontlitz, President, Board of Directors of the Sarasota Scullers Youth Rowing Program, 4456 Diamond Circle (34233), stated that the Sarasota Scullers Youth Rowing Program (SSYRP) has been in existence since 1991; that the SSYRP is a not-for-profit program for the youth of Sarasota County; that a potential alternate use of the building is proposed; that using the building as a rowing headquarters would be pleasing; that currently the youth of the City of Sarasota and north Sarasota County cannot be served; that the majority of rowing is in Osprey, Florida; that the Clear Channel facility would provide the ability to work with City and northern Sarasota youth; that the SSYRP provides scholarships for needy children; that the majority of rowing activity is in the south County area; that the SSYRP would remodel the building to become an asset to Ken Thompson Park; and distributed a package outlining the intent for the use and remodeling the building. Vice Mayor Servian asked if the proposal by SSYRP merits postponing the decision to demolish the building? City Manager McNees stated that considerable interest by various organizations exists for the property; however, the building is in disrepair which will require significant rehabilitation; that if more than 50 percent of the value of the building will be reinvested, the building must be raised to Federal Emergency Management Agency (FEMA) standards; that use as an enclosed structure will trigger significant costs; that leaving the issue of demolition open pending further investigation by interested parties of the cost to renovate the building can be discussed with Clear Channel; that Clear Channel likely would not object if demolition is not required. Ms. Carolan stated that Clear Channel would be willing to give the building to the Cityi that the reversion of land to the City is an asset; that the building is dilapidated and could require a substantial amount of work; that the City would have a liability if the City retains the building and subsequently the building cannot be sufficiently upgraded. BOOK 56 Page 28186 06/21/04 2:30 P.M. BOOK 56 Page 28187 06/21/04 2:30 P.M. Vice Mayor Servian that the suggestion is to either postpone a decision until discussions can occur with organizations or to postpone the demolition portion of the lease agreement. City Manager McNees stated that the City should move forward and clarify the lease with the remainder of the site; that the demolition will be deferred until further investigation can be accomplished; that the policy issue will be the disposition of the remaining City land; that an open process should be established all interested parties to come forward and recommend uses. Vice Mayor Servian stated that various organizations have expressed interest in the building; that different uses should be explored; that Ken Thompson Park will not receive a significant benefit from receipt of the additional land. City Manager McNees stated that the Clear Channel representatives can be asked if deferring the demolition for a few weeks is acceptable. Sherri Carlson, Vice President/Market Manager, Clear Channel Radio, came before the Commission and stated that Clear Channel does not have an objection to a temporary decision concerning the demolition of the building; that a specific timeframe would be appreciated as reaching agreement and a settlement has been a long, drawn out process and resolving the issues is desired; that an opportunity for some community service can be provided. Vice Mayor Servian asked a reasonable timeframe? Ms. Carlson stated that a reasonable timeframe is 60 days. Mayor Martin asked the estimated cost of the demolition and reconstruction? Ms. Carolan stated that the cost is approximately $50,000 to $55,000 for the entire project; that the demolition will cost approximately $30,000 to $35,000; that the degree of asbestos in the building will determine the cost of removal; that the remaining costs will be for sod and landscaping. Mayor Martin stated that the funds Clear Channel will be expending for demolition and restoration could be contributed to the renovation of the site. Ms. Carolan stated that contribution of funds will be discussed with Clear Channel representatives. Mayor Martin stated asked if the term of the lease, late fees, and accrual of interest were discounted in the negotiated settlement? Ms. Carolan stated that the current lease is still valid until 2036; that late fees and the accrual of interest were negotiated items with Clear Channel. Commissioner Bilyeu stated that the City will receive a lease payment for 15,000 square feet of land but Clear Channel is only using 5,000 square feet. Mr. Schanley stated that no further appraisals will be performed; that the rent will increase three percent annually. Ms. Carolan stated that the current management has been cooperatively working with the City which is appreciated; and thanked Ms. Carlson for the cooperation. Commissioner Bilyeu stated that the organizations interested in occupying the building scheduled for demolishing may share use of the building; that for Clear Channel to allow an additional 60 days for a decision is appreciated. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to: 1) approve and authorize the Mayor and City Auditor to execute the Termination of the Lease Agreement, 2) approve and authorize the Mayor and City Auditor to execute the modified Lease Agreement with Clear Channel Communications, Inc./Citicasters Company, and 3) postpone the decision on the demolition portion the Lease Agreement for 60 days. City Manager McNees affirmative action is required to relieve Clear Channel of the obligation to demolish rather than another action; that the Lease Agreement should be approved with a 60- day window to present a Lease Amendment to eliminate the obligation to demolish the building. Vice Mayor Servian stated that the motion implies City Manager McNees' recommendation. City Manager McNees stated that the terms of the Lease Agreement subsequent to the expiration of the 60-day extension require demolition. BOOK 56 Page 28188 06/21/04 2:30 P.M. BOOK 56 Page 28189 06/21/04 2:30 P.M. Mayor Martin stated that Clear Channel can be relieved of the demolition requirement. City Manager McNees stated that an amendment to the Lease Agreement would relieve the obligation. Mr. Schneider stated that any changes made to the existing boundaries to Ken Thompson Park require a public hearing whether increasing or decreasing the boundaries. City Manager McNees stated that the only action required if the demolition goes forward is a decision regarding the use of the property; that no issues would remain regarding the lease. Commissioner Bilyeu stated that reclaiming all the land possible is in the best interests of Ken Thompson Park; that the Administration's original recommendation is supported. Mayor Martin called for a vote on the motion to: 1) approve and authorize the Mayor and City Auditor to execute the Termination of the Lease Agreement, 2) approve and authorize the Mayor and City Auditor to execute the modified Lease Agreement with Clear Channel Communications, Inc./Citicasters Company, and 3) postpone the decision on the demotion portion the Lease Agreement for 60 days. Motion carried unanimously (3 to 1): Atkins, no; Bilyeu, yes; Servian, yes; Martin, yes. 7. UNFINISHED BUSINESS ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1768, ADOPTING A MASTER PLAN TO GUIDE THE CITY IN THE DEVELOPMENT OF THE CULTURAL DISTRICT KNOWN AS THE SARASOTA CULTURAL DISTRICT MASTER PLAN, 2004; SETTING FORTH FINDINGS; AUTHORIZING IMPLEMENTATION OF THE SARASOTA CULTURAL DISTRICT MASTER PLAN i ETC. (TITLE ONLY) CONTINUED THE DISCUSSION TO THE UNFINISHED BUSINESS PORTION OF THE EVENING MEETING (AGENDA ITEM VI-1) CD 3:24 through 4:32 Mayor Martin stated that proposed Resolution No. 04R-1768 adopts a Master Plan to guide the City in the development of the Cultural District. John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission and stated that a detailed Issues Recommendations Matrix is included in the Agenda backup material; that all the issues brought forth by various advisory boards as well as issues raised at the public hearing on May 17, 2004; that meetings have been held with the Project Team which consists of various Department Directors, the City Manager, and the Deputy City Manager; that meetings were held with the consultant team, Cooper Robertson and Partners; that recommendations are provided in the Issues Recommendations Matrix; that the Commission's direction will be requested for each issue. Mr. Burg continued that a significant issue was the general uses proposed in the Sarasota Cultural District Master Plan (Master Plan); that some comments were a conference center is not necessary; that more public uses are favored; that use should be limited to cultural uses with minor ancillary facilities; that uses should not be driven by market demands; that a concern is commercial and restaurant uses could have a negative impact on Main Street; that a cost benefit analysis regarding private uses is required. Mr. Burg further stated that the Project Team's response was the general balance of uses in the Master Plan, with appropriate flexibility for adjustments over time, is in the City's interest; that the inclusion of residential and commercial uses is critical to provide activity in the area and to provide revenue, enabling project implementation; however, carefully analyzing the types and quantity of uses is important to assure the Master Plan is financially feasible and to assure retail uses do not negatively impact Main Street or other existing commercial areas in the Cityi that the recommendation is the Master Plan include language which recommends a financial analysis addressing financial feasibility, including the impact on Main Street prior to implementation. Mr. Burg referred to computer-generated slides displayed on the Chamber monitors indicating the existing conditions in the area, a site plan, the front door appearance, Tenth Street and Boulevard of the Arts leading to the Bay, shared and hidden parking and mass transit, and a design principle which is Celebrate the Bayi that 150,000 square feet of cultural uses currently exist; that an additional 265,000 to 375,000 square feet will be developed which is the equivalent of three new Van Wezel Performing Arts Hall (VWPAH) facilities; that a significant number of cultural facilities must be financed by the not-for- profit sector or other groups; that 300,000 to 600,000 square feet will be developed for other uses; that parking will be available for 1,800 vehicles. BOOK 56 Page 28190 06/21/04 2:30 P.M. BOOK 56 Page 28191 06/21/04 2:30 P.M. Mr. Burg stated that many steps must be taken prior to implementation of the Master Plan which include a financial study, transportation studies, and amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); ; that the adoption of the Master Plan vision is the beginning of a concept which will require testing and additional implementation studies prior to implementation; that the Sarasota Garden Club presented documentation regarding restrictions on certain lands at the May 17, 2004, Regular Commission meeting; that Robert Fournier, Attorney, City Attorney's Office, responded by memorandum dated June 10, 2004, indicating the west and south sides of the parcel leased by the Sarasota Garden Club are restricted to public use. Mayor Martin stated that the Sarasota Garden Club leasehold will not be impacted. Mr. Burg stated that is correct. Mayor Martin stated that commercial uses along the Bayfront may be precluded unless an allowable accessory use. Mr. Burg stated that the uses must be ancillary to cultural uses. Commissioner Bilyeu stated that the Sarasota Garden Club leasehold has restricted use. Mr. Burg stated that the Sarasota Garden Club leasehold does not have restricted use; that confusion exists regarding ownership and use; that the mixed-use parcels could be limited to leases over which the City would retain control as to use. Mayor Martin stated that the uses would be limited if the City retained control. Mr. Burg stated that is correct. Vice Mayor Servian stated that residential use in the Master Plan area is not appropriate; that activity will occur due to design; that the Bayfront selling or leasing for residential use is not desired; that the Bayfront should remain open for all; that the proposed residential development walls off the Bayfront; that a goal of the Master Plan is to bring the Bayfront into interaction with the residents; that allowing residential use at this time is not supported. Mayor Martin stated that the primary density of residential use would be in the northern parcel adjacent to Tenth Street. Mr. Burg stated that the consultant recommended residential use on the upper floors of the parking buildings; that the rationale is to share the cost of development and to provide "eyes" on the street; that the negative side is people who are intolerant of noise or activity may attempt to control the activity. Mayor Martin asked the area for which residential use is not supported? Vice Mayor Servian stated that residential use in any area included in the Master Plan is not supported; that the redevelopment occurring in the City will provide sufficient residential activity; that more open space will encourage more activity. Mayor Martin stated that a positive reason for residential use is to fund the redevelopment. Mr. Burg stated that $25 million will be required for public improvements other than parking; that $50 million will be required for parking facilities; that optional improvements will require approximately $5 million; that the rationale for mixed-use and commercial use is to share the financial burden; that the community must consider contributing to the cultural uses. Vice Mayor Servian stated that a level of commercial use is required which is understood; that commercial use will assist in providing activity and synergy among the various cultural uses; that residential use is not supported; that the Bayfront should not be sold; that the amenities will attract people; that hotels can contribute to financing. Mayor Martin stated that the City can maintain ownership of the area and lease properties. Commissioner Atkins stated that the thought was the views and the Bayfront would be lost due to plans for density; that a manner of financing the project was not understood; and asked if financing means other than projects in the Master Plan by residential use is possible? Mr. Burg stated that the personal opinion and the opinion of the consultant is no other financing means of financing is available with the exception of issuing bonds perhaps. City Manager McNees stated that general revenue bonds are possible; that a portion of the Local Options Sales Tax (L.0.S.T.) BOOK 56 Page 28192 06/21/04 2:30 P.M. BOOK 56 Page 28193 06/21/04 2:30 P.M. extension, also called the penny sales tax, if reinstated, can be dedicated to improvements; that leverage can be received from commercial and/or residential development; that the Commission should indicate the desired uses. Commissioner Bilyeu stated that Tax Increment Financing (TIF) funds were not addressed as a financing source; and asked the procedure once the Master Plan is approved? Mr. Burg stated that a series of studies will be conducted regarding financing feasibility, the impact on Main Street retail, and parking and transportation. Mayor Martin asked if the initial financial feasibility has been considered? Mr. Burg stated no; that financial feasibility will be addressed subsequent to receipt of policy direction concerning the Master Plan. Vice Mayor Servian stated that determining an impact on Main Street retail has been indicated; that several other retail outlets in the City such as St. Armands Circle, Southside Village, and Newtown may be impacted; that a more holistic approach is required. Mr. Burg agreed. Mr. Burg stated that a recommendation was to consider rerouting US 41 to US 301 via University Parkway; that concerns were expressed regarding traffic and transportation concurrency; that the Project Team indicated the transportation issues were addressed as part of the Downtown Mobility Study and other transportation studies; that no changes are recommended. Mr. Burg continued that a recommendation is the City should consider developing a new 2,600 seat performing arts facility to remain competitive with regional facilities; that the VWPAH facility can be sold and the proceeds utilized to build a large hall; that the Project Team determined to add language which keeps open an option of developing a new 2,600 seat performing arts hall pending further study. John Wilkes, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), came before the Commission and stated that a recommendation is the Florida West Coast Symphony occupy the VWPAH; that considering the long term health of the VWPAH as a business of the City in 20 years is important; that discussing if the VWPAH is to remain in the present condition is important; that in 1969 the Commission had difficulties and controversies regarding building the VWPAH; that the VWPAH became outgrown in 1987; that rapid growth will continue; that a vision is required to determine the City's desires and requirements regarding the existing VWPAH and planning for the future. Mayor Martin stated that a plan for the future is required; that many unknowns exists; that incorporating a publicly owned building and venue and the consideration of competitiveness for the future is important; that an answer is not known; that an acknowledgement of the issue is necessaryi that a study should be conducted to provide recommendations for a larger venue and a regional location; that significant questions require answersi that the language should be included in the Master Plan acknowledging consideration of the issue is necessary. Mr. Wilkes stated that the VWPAH Board and the Van Wezel Foundation Board are unanimously supportive of a dialog with the community; that many other groups are supportive of a dialog with the community. Vice Mayor Servian stated that a joint meeting between the Commission and the VWPAH Board would be helpful; that the VWPAH has become outgrown; that the financial issue is significant; and asked if any discussions have occurred with the Florida West Coast Symphony regarding the possible purchase of the VWPAH? Mr. Wilkes stated that discussions commenced two years agoi that a recent discussion occurred indicating a shared philosophy of bringing the organizations to a higher level; that the success of the Florida West Coast Symphony and the City is supported; that the Florida West Coast Symphony was requested to consider the expense to convert the VWPAH to specific requirements. Vice Mayor Servian stated that conversion is the most obvious solution; that the VWPAH is the appropriate size for the Florida West Coast Symphony; that the City requires a larger facility; that two facilities competing for the same types of performances is not appropriate; that a study must be performed prior to making decisions concerning the Master Plan. Mr. Wilkes stated that a study can be performed which will not delay the Master Plan; that a study will complement the proposals in the Master Plan. BOOK 56 Page 28194 06/21/04 2:30 P.M. BOOK 56 Page 28195 06/21/04 2:30 P.M. Mayor Martin stated that the concern of the Florida West Coast Symphony is the design of the VWPAH as a place for performance rather than symphony productions. Mr. Wilkes stated that symphony halls are significantly different than a multi-purpose performing arts facility. Mayor Martin stated that if the VWPAH can be converted to symphony use must be determined. City Manager McNees stated that many perceptions exist as to if the VWPAH would make an appropriate home for the Florida West Coast Symphony; that many unanswered questions and strong opinions exist; that the bottom line is only the Florida West Coast Symphony can reach a decision; that knowing the decision of the Florida West Coast Symphony is not necessary for adoption of the Master Plan; that the Master Plan is currently a plan and a concept; that changes can be accommodated in the Master Plan; that the beauty of the Master Plan is flexibility is provided; that including the concept of a potentially large performing hall whether in the City or as a regional hall is a good idea; that a recommendation is to discontinue addressing a specific number of seats or size; that discussing a regional facility or studying the issue further is good. Mayor Martin stated that the Commission's consensus is language to perform a study regarding performing hall requirements should be included in the Master Plan. Mr. Burg stated that language will be included in the Master Plan to keep open the option of developing a new, larger regional performing arts hall. Vice Mayor Servian stated that direction should be provided to require a study to determine future requirements. Mr. Wilkes agreed and stated that the VWPAH Board and the Van Wezel Foundation Board will contribute to funding a study. City Manager McNees stated that a study is included the Strategic Plan. Mayor Martin stated that the unknowns of the Commission and the community should be included in the Master Plan; that implementation and design questions will occur in the future. Commissioner Bilyeu stated that the concept of requiring another hall warrants discussion; that competition between two small halls is not problematic; however, the issue must move forward as soon as possible if a larger hall is required; that the Florida West Coast Symphony should be located in the Master Plan area; that the City has committed to provide property for the Florida West Coast Symphony; that the City must be prepared for the future; that discussion of the requirements of the City and community is important; that moving forward as soon as possible is encouraged. Commissioner Atkins stated that a concern is the difficulty to remedy the situation between the Florida West Coast Symphony and the VWPAH; that a large building could incorporate a conference center, a larger performing hall facility, and a symphony hall as sufficient land and money are not available for separate sites on the Bayfront; that a study is not required; that no one has funds for development. Mr. Wilkes stated that the recommended study is to determine the long term health of the current VWPAH; that a by-product of the study is to determine the necessity of additional seats; that the VWPAH is too small for many performing arts groupsi that a ten-year plan will be considered; that dealing with the variations of the future of the community is important; that the best for the community must be considered. Commissioner Atkins stated that $20 million was recently expended on the VWPAH as the result of a study. Mr. Wilkes stated that the study was performed in 1993; that the next ten years must be addressed; that the significant development in the City requires addressing future possibilities. Mayor Martin stated that a larger performing arts hall can be located in the County; that more demand exists for use than the VWPAH can provide. Mr. Wilkes stated that the major users receive priority for use. Mayor Martin stated that language will be included in the Master Plan regarding an open option of developing a performing arts hall. Commissioner Atkins stated that discussions should include more than the VWPAH; that the recently completed renovation of the BOOK 56 Page 28196 06/21/04 2:30 P.M. BOOK 56 Page 28197 06/21/04 2:30 P.M. VWPAH cost $20 million and did not provide a resolution; that now is the time to consider the entire picture; that the myopic study of the VWPAH will not resolve issues and never will; that sufficient funds are not available for development. Mr. Wilkes stated that the study will include more than the VWPAH; that the study is to address the cultural area. Mayor Martin stated that the study is for the larger cultural venue which will serve the entire region. Mr. Wilkes stated that is correct. City Auditor and Clerk Robinson stated that confirmation of Commission's consensus regarding a joint meeting with the VWPAH Board is requested. Mayor Martin asked if the Van Wezel Foundation Board will attend? Mr. Wilkes stated no; that the Van Wezel Foundation Board will contribute financially to a study. City Manager McNees stated that conversations with the Florida West Coast Symphony indicate interest is not only in a myopic view of its own destiny but an analysis of the community's best interest; that Florida West Coast Symphony understands a finite amount of community resource is available and the path undertaken must serve everyone in the best wayi that the Florida West Coast Symphony has offered to share with the City demographic and audience analyses for feasibility; that conversations will occur to create the best community possible. Mr. Burg stated that the US Coast Guard Auxiliary, Flotilla 84, indicated significant contribution has been made to the City and is a part of the City's marine heritage; that a plan should be made for relocation; that the Project Team indicated while acknowledging the important role the facility and its members have played, the present location is not the best use of the critical area adjacent to the water; that the suggestion is the US Coast Guard Auxiliary, Flotilla 84, explore sharing the facility used by the Longboat Key Coast Guard Auxiliary, Flotilla 82, located in Ken Thompson Park; that no change is recommended. Mr. Burg continued that the lawn bowlers do not favor the proposed move to Payne Park; that the Project Team indicated the proposed move of the lawn bowling to Payne Park is a good solution; that no change is recommended. Commissioner Bilyeu stated that moving the lawn bowling to Payne Park is approximately 15 years in the future. Mr. Burg stated that relocating the lawn bowling will occur in the first phase of the Master Plan. Commissioner Bilyeu stated that the relocation is not included in the first phase of Payne Park. Mr. Burg stated that is correct. Commissioner Bilyeu stated that relocation will not occur in the next year. Mr. Burg stated that is correct. Mayor Martin stated that a comfort level exists with the relocation; however, remaining in an indeterminate state for years is not supported; that funds are not available for the re- creation of the lawn bowling area in Payne Park; that two different time lines exist; that the desire is to bring the time lines closer together. Commissioner Bilyeu stated that having the lawn bowling remain in the present location is preferred; that the lawn bowling, the Sarasota Garden Club, and other existing entities in the Master Plan area are part of the City's culture; that for the entities to remain is not opposed; however, an adequate and similar home should be provided if relocation occurs. Mayor Martin stated that a relocation plan should be formulated. Mr. Burg asked if language should be included in the Master Plan a plan should be formulated regarding the relocation of tenants? Mayor Martin stated yes. Commissioner Bilyeu stated that the first phase, years one through three, in the Master Plan includes relocation of the lawn bowling; that the first phase of development of Payne Park is one to three years and does not include a lawn bowling area which is a concern. Vice Mayor Servian stated that the lawn bowlers will not be displaced if an area is not available in Payne Park; that concurrency must be ensured. BOOK 56 Page 28198 06/21/04 2:30 P.M. BOOK 56 Page 28199 06/21/04 2:30 P.M. Mayor Martin stated that relocation plans should be included in the Master Plan. Mr. Burg stated that comments indicated the former Chidsey Library, which is currently the Historic Center, the Visitors Center, and Sarasota Garden Club are all important historic buildings individually and as a group and should be preserved; that the Project Team indicated the Master Plan strategy of placing the existing facilities in the later stages of development to allow time for the consideration of both the future of the buildings and tenants makes sense; that moving some of the buildings to new sites may be feasible and appropriate; that no change is recommended. Mr. Burg continued that the recommendation is to ensure the deed restrictions regarding the Sarasota Garden Club area are incorporated in the Master Plan; that comments were received regarding the necessity for benches and picnic tables; that the Project Team acknowledged the importance of benches and picnic tables; however, the level of detail is not appropriate for the conceptual level of the Master Plan. Mr. Burg stated Eurther that comments were received a large grassy area is not required; that a plaza area with trees is required; that a large open space should be provided to accommodate events such as Friday Fest; that the area should be a large grassy area with no trees and ample room to spread blankets; that a removable stage may be provided; that large parks should be inventoried to determine the role of the proposed park in the Cultural District; that the Project Team indicated support of the general scale and character of the plan as proposed; that Payne Park could provide for occasional large scale outdoor performances; that enlargement of the park in the Cultural District would place other facilities further from the water and diminish the level of activity as well as the ability to generate revenues critical to the implementation of the Master Plan; that no change was recommended. Vice Mayor Servian stated that additional open space is required; that little open space on the Bayfront is available to the general public; that a goal of the Master Plan is to provide a place for all Sarasotans; that leaving two parcels open will provide an open space of the wetlands to the Bayfront which will be a more inviting area to visit rather than an area with hardscape and buildings; that a parking deck can be provided in each building developed; that shared parking can occur. Mayor Martin stated that ofisite parking and a shuttle are proposed. Mr. Burg stated that 1,800 structure parking spaces, 500 on- street parking spaces, and 700 off-street spaces are contemplated. Mayor Martin stated that approximately 3,000 spaces will be provided. Mr. Burg stated that is correct; that a difficulty in providing 1,800 parking spaces is the significant footprint required for the buildings. Vice Mayor Servian asked if consideration was given to build a deck over the boat trailer parking area? Mr. Burg stated no. Commissioner Atkins stated that as much open space as possible is desired; that a discussion regarding more open space is pleasing; that music from the Friday Fest cannot be heard from northern side of the property; that people who are not interested in shopping or dining but rather just being outside should be considered; that more open space near the water is supported. Mayor Martin stated that open space is supported; that the size of the contemplated park in the Master Plan is significant; that a pier in the park is supported; that Ken Thompson Park and the Bayfront Park have limited uses; that the consultant indicated a space which is too large will not be used or bring the vitality required to enhance the use as a public space. Commissioner Bilyeu stated that open space is desired; that open space exists at the Bayfront and Payne Park; that some open space can be used for parking. Vice Mayor Servian stated that additional open space will assist in managing stormwater runoff and retention stormwater; that significant hard surface is planned. Mr. Burg stated that the understanding is the Commission's consensus is to designate Parcel 6 as open space. BOOK 56 Page 28200 06/21/04 2:30 P.M. BOOK 56 Page 28201 06/21/04 2:30 P.M. Mayor Martin stated that an amphitheater with staging was suggested at the time the Master Plan was initiated; that a useful open space is the desire. Mr. Burg stated that the open space can be used for outdoor pertormances. Vice Mayor Servian stated that discussion of the Master Plan should be postponed to the evening session of the meeting. Mayor Martin stated that the Commission's consensus is to continue the discussion in the Unfinished Business portion of the evening meeting. 8. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 4:32 Frances Rice, 4594 Chase Oaks Drive (34241), was no longer present in the Chambers audience. The meeting recessed at 4:32 p.m. and reconvened at 6:04 p.m. 9. COMMISSION PRESENTATION RE: MAYOR' S CITATION TO MITCH MCKNIGHT, I P.E., MANAGER OF ENGINEERING SERVICES AND VICE PRESIDENT, WILSONMILLER, INC. FOR HIS TIRELESS EFFORTS CONCERNING THE PHILLIPPI CREEK LEVEE PROJECT (AGENDA ITEM XII-2) CD 6:05 through 6:11 Mayor Martin requested that the following individuals join him and the Commission at the Commission table: Mitch McKnight, P.E., Manager of Engineering Services and Vice President of WilsonMiller, Inc., and Mickey Emberton, resident of the Bellevue neighborhood. Mayor Martin stated that the presentation to Mr. McKnight is for his tireless efforts concerning the Phillippi Creek Levee Project; that Ms. Emberton was a lead person from the neighborhood for the entire project; that Mr. McKnight and Ms. Emberton will be given an opportunity to make some comments regarding the incredible, successful effort of the Phillippi Creek Levee Project; read in its entirety the Mayor's Citation to Mr. McKnight expressing appreciation for his tireless efforts; and presented the Mayor's Citation to Mr. McKnight. Ms. Emberton stated that the potential for another flood was experienced approximately a year ago; that water had been observed going over the banks of Phillippi Creek into the storage facility for over six hours; that the area would have flooded twice last year without the benefit of Mr. McKnight's knowledge; that the project has been a substantial success; that everyone involved in the project is appreciated; that Mr. McKnight is thanked. Mr. McKnight stated that the significant storms of the past few years have all been 100-year storms; that engineers should possibly redefine the term 100-year storm; that the project was conceived on the back of a napkin after the 1997 flood; that construction began after several years of studies and obtaining permits; that significant effort was utilized to save the 60-inch oak trees along Phillippi Creek; that the public initially thought the water which had previously been filling the homes and the basin levels would flow elsewhere and cause flooding; that the parallel dry pond was created sO the overflowing creek would flow into the dry pond; that the fact the water was not being displaced into another area was proven to the public; that the project was substantially completed just in time for another 100-year flood; that the project was a success and saved 70 homes from flooding; that numerous people such as County and City Staff, the active neighborhood group led by Mickey Emberton, and Ted Akin, Project Engineer with WilsonMiller, Inc., who was very integral to the design, should be thanked for involvement in the project; that WilsonMiller, Inc., wishes to thank the City for the involvement in the project. 10. COMMISSION PRESENTATION RE: : CERTIFICATE OF APPRECIATION TO ABC CHANNEL 7 FOR CO-SPONSORING THE JULY 4" FIREWORKS (AGENDA ITEM XII-3) CD 6:11 through 6:12 Mayor Martin stated that ABC Channel 7 Television has stepped forward to co-sponsor the 2004 July 4th fireworks celebration with the Cityi that a Certificate of Appreciation is presented to Manny Calvo, President, ABC Channel 7, as thanks for the community contribution to the July 4th celebration; that the Certificate of Appreciation will be forwarded to ABC Channel 7; and read the Certification of Appreciation in its entirety. 11. PRESENTATION RE: ENVIROMMENTALLY SENSITIVE LANDS WITHIN THE CITY OF SARASOTA (AGENDA ITEM XIII-1) BOOK 56 Page 28202 06/21/04 2:30 P.M. BOOK 56 Page 28203 06/21/04 2:30 P.M. CD 6:13 through 6:32 Mayor Martin stated that the scheduled presentation concerns Environmentally Sensitive Lands Within the City of Sarasota; that many have been interested in the referendum which was passed to acquire environmentally sensitive lands throughout the County; that Close to 15,000 acres have been obtained countywide; that approximately $32 million has been expended during the past five years which exceeded expectations; that the question which arose was if environmentally sensitive lands existed within the City limits; that City taxpayers to date have spent approximately $4.5 million in tax revenues to acquire the lands in the Countyi that the City is more developed and may not have as many pristine and environmentally valuable sites; that land within the City has been observed to determine if eligible parcels are in existence; that the presentation is detailed; however, presentations are typically limited to seven minutes; that more time can be taken for questions if necessaryi and requested the individuals from the Nature Conservancy come forward for the presentation. Ed Freeman, Field Representative, Land Protection, and Jared Waldman, Environmental Land Profile Intern, of the Nature Conservancy, came before the Commission. Mr. Freeman stated that Jared Waldman is an intern with the Nature Conservancy and assembled most of the presentation; that the project was spawned by the Commission; that the City has been supportive of the County's Environmental Lands Program; that questions such as the reason no City sites exist have been asked; that the reason is a set of criteria typically screens out urban land; that the City Manager approached the Nature Conservancy and requested a closer look at the City's available sites; that all the land in the City with some natural resource value still in private ownership was analyzed even if the land did not meet the County's criteria; that two sites do meet the County's criteria; that 12 sites exist utilizing criteria not as stringent as the County's. Mr. Freeman distributed a packet of information entitled The City of Sarasota: Remaining Environmental Lands to the Commission; referred to the list of criteria on the Chamber monitors; and stated that additional credence was given to sites adjacent to existing public lands or parks, rare habitats, or lands with significant wildlife; that the sites which were marginally or totally undeveloped or the value of the structures were relatively low compared to the value of the property were analyzed; that other special features were taken into consideration; that one site had archaeological features. Mr. Freeman referred to a map of the entire City depicting the new environmental sites displayed on the Chamber monitors; and stated that the parks and the new sites are identified on the map utilizing the criteria mentioned which are: 1. The University site is at the corner of University Parkway and Old Bradenton Road; 2. The North Water Tower Additions Site is adjacent to North Water Tower Park both east and west with several different Ownerships; 3. The MLK Paradise Site is north of Dr. Martin Luther King, Jr., Boulevard, and West of Central Avenue along Whitaker Bayou; 4. The Shell Midden Complex site is three currently vacant parcels along the Bay; 5. The Florida Power and Light (FPL) site just north of Centennial Park with archaeological features on the site; 6. The Lime site which is east of Lime Avenue and North of Fruitville Road; 7. Lone Pine site is north of Fruitville Road and east of Tuttle Avenue; 8. The Circus Hammock site is at the very northeast corner of the City off 17th Street across from the entrance to the Meadows and northeast of Bobby Jones Golf Course (BJGC); that the site is rare this far south and is typical of the Gainesville, Florida area plant life; 9. Shady Oak Hammock site is southeast of BJGC just north of Fruitville Road and east of Cardinal Mooney High School. Mr. Freeman referred to the packet of information which indicates if the owners have been contacted and whether the property is currently for sale; and stated that responses have not been received from all the owners; that property regarding which negative responses were received were taken off the list; that the Nature Conservancy only deals with willing sellers; that the next sites are: 10. The Wild Orange site is behind the Eager Beaver Car Wash on Beneva Road; that the site is a 9-acre site west of Beneva Road. BOOK 56 Page 28204 06/21/04 2:30 P.M. BOOK 56 Page 28205 06/21/04 2:30 P.M. 11. The Fairground Woods is an area on the south side of the Sarasota Fairgrounds which is owned by the Agricultural Fair Board; that the County owns the underlying title; that the Agricultural Fair Board manages the property, has not been developed, and meets the criteria developed for the City; 12. The Old Oak site is north of Siesta Bridge off Old Oak Drive which is about a five-acre Bayfront site. Mr. Freeman stated further that the sites range in size from two acres to almost 30 acres; that the Old Oak site was nominated for the County's program and was approved by the Environmentally Sensitive Lands Oversight Committee Board and the Sarasota Board of County Commissioners (BCC); that appraisals are underway on the site; that the landowner has been contacted to possibly acquire or protect the site; that the owners of the Circus Hammock site on 17th Street are interested in having the property considered for the County program; that the Nature Conservancy feels the property meets the criteria for the County program; that the site will be analyzed by the County's Environmentally Sensitive Lands Oversight Committee for evaluation using the normal criteria at the July or August 2004 meeting; that the feeling is the property will be approved for the County's program. Mr. Freeman further stated that the 12 sites should be utilized in whatever manner the City desires; that the 12 sites have the most environmental value remaining in the Cityi that the Old Oak and Circus Hammock sites are currently being, or will be in the future, considered for preservation by the County; and referred to a map of the two properties on the Chamber monitors. Mayor Martin asked if the Old Oak site and the Circus Hammock sites meet the County's criteria? Mr. Freeman stated that the Old Oak site is already on the County's list; that the Old Oak will be considered by the County shortly; that one site is in the southwest corner of the City; that one site is in the northeast corner of the City; that the other 10 sites likely have environmental value but do not meet the County's criteria. Mayor Martin stated that one of the properties definitely meets the County's criteria. Mr. Freeman stated that a determination has not yet been made for one property; that the feeling is strong the County will accept the property. Mayor Martin stated that the 17th Street site is on the County border. Mr. Freeman stated that the site consists of three parcels under two different ownerships; that the larger of the parcels is within the City limits; that the other property is just outside the City limits; that all three properties are listed as the ownership on two of the properties is the same as the one inside and outside the City limits; that the owner of the two parcels is planning to nominate the property for the County program; that the other parcel fits with the other parcels; that the property also connects to the County's 17th Street Park, which is the Paw Park and Miss Sarasota Softball Complex; that the School Board of Sarasota County owns property adjacent to the propertyi that an archery range, a bus maintenance facility, a fire station, and possibly a book repository exist on the School Board of Sarasota County property. Commissioner Atkins asked if the Postman Union Hall is located on the site? Mr. Freeman stated that the Postman Union Hall occupies a small portion of the third site. Commissioner Atkins asked the problem with the site next to Fruitville Road, the property owned by the Fairgrounds Board? Mr. Freeman stated that a problem does not exist; that the parcel is undeveloped and is primarily in a native state; that the property is tied up with the other Fairgrounds issues. Commissioner Atkins stated that the property would not be tied up with the rest of the Fairgrounds property if the County designated the property. Mr. Freeman stated that the County's program is a willing participant program; that the Fairgrounds Board would be required to designate the property. Commissioner Atkins stated that mention was made earlier of the County's owning the site. BOOK 56 Page 28206 06/21/04 2:30 P.M. BOOK 56 Page 28207 06/21/04 2:30 P.M. Mr. Freeman stated that the County owns the underlying title; that the County would gain title if the Fairgrounds Board ever moves the fairgrounds. Mayor Martin stated that the representation is fairly accurate according to discussions; that the presentation was fascinating; that approval or direction is not necessary at the present time; that the two parcels are moving forward through the County program which is exciting; that the presentation should be given to the Parks, Recreation and Environmental Protection Advisory Board whose members have not seen the presentation; that the matter should be referred to Administration for consideration; and asked if a sense of value in terms of habitat and wildlife is available to prioritize the properties or if another criterion exists to place a value on the properties? Mr. Freeman stated that the properties were considered according to the criteria established in selecting the 12 sites; that the County's criteria were utilized to select two of the sites. Mayor Martin stated that the City's own needs will be determined as well as the feasibility of acquisition of the properties. Mr. Freeman stated that some of the properties are high value properties. City Manager McNees stated that Mr. Freeman and Mr. Waldman of the Nature Conservancy are thanked for the efforts; that Rob Patten, Manager, Environmental Services Department, Sarasota County, should also be thanked; that the conventional wisdom was no properties within the City limits would qualify; that Mr. Patton was willing to question the conventional wisdom regarding the amount of revenue the City contributed to the program; that Mr. Freeman was gracious enough to take on the task of questioning the conventional wisdom which brought the City to the current state; that the landscape of the issue has been changed by the hard work. Mayor Martin 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. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4557, AMENDING THE SARASOTA CITY CODE, AMENDING CHAPTER 23, SARASOTA CITY CODE, SECTION 23-3.5, COMMERCIAL VENDING DURING SPECIAL EVENTS TO CORRECT SCRIVENER ERRORS : AMENDING SECTION 23-3.6, COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT-OF-WAL; TO AMEND THE LIST OF ZONE DISTRICTS WHERE COMMERCIAL VENDING UPON THE RIGHT-OF-WAY IS PROHIBITED TO INCLUDE THE RSM-9 ZONE DISTRICT; TO PROVIDE FOR AN INCREASE IN INSURANCE REQUIREMENTS FOR VENDING PERMITS; TO DESIGNATE CENTENNIAL PARK AS A PARK WHERE COMMERCIAL VENDING MAY TAKE PLACE WITH A PERMIT; SETTING FORTH FINDINGS OF FACT; ; REPEALING ORDINANCES IN CONFLICT, : PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - MOTION TO APPROVE FAILED DUE TO A TIE VOTE ; MATTER WILL BE CONTINUED TO THE JULY 6, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM XIV-A-1) CD 6:33 through 6:39 Mayor Martin opened the public hearing. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the Commission directed Staff to prepare an ordinance to make the appropriate changes to the Sarasota City Code (1986 as amended) to allow commercial vending in Centennial Park at the May 17, 2004, Regular Commission meeting; that certain code sections were cross-referenced to the Zoning Code (2002 Ed.); that the insurance requirements found in Section 23-3.6, Zoning Code (2002 Ed.), were updated simultaneously, that the goal is to authorize the commercial vending in Centennial Park. Vice Mayor Servian stated that clarification of the vending permit process would be beneficial. Mr. Litchet stated that discussions were held with Staff of the General Services Department; that Request for Proposals will be BOOK 56 Page 28208 06/21/04 2:30 P.M. BOOK 56 Page 28209 06/21/04 2:30 P.M. initiated; that the City has a list of vendors interested in available locations in the City; that the vendors will be notified as well as individuals who have asked about vending at the parks; that Commissioner Bilyeu has discussed vending with a gentleman; that notice will be given with the required information; that bid type negotiations will take place through the General Services Department. Mayor Martin asked if multiple vendors will be permitted? Mr. Litchet stated that one vendor will be assigned per park; that the vendor will enter into a contract with the City; that the contract will cover issues such as procedures during special events. Vice Mayor Servian asked if additional vendors will be permitted during special events? Mr. Litchet stated that a special events process will take place; that the vendor will not be exclusive during special events. Commissioner Atkins asked if vendors have operated in Centennial Park during special events in the past? Mr. Litchet stated that the answer to the question is not known; that he cannot recall vendors at Centennial Park during special events. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4557 by title only. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4557 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion failed (2 to 2): Martin, no; Servian, yes; Atkins, no; Bilyeu, yes. City Auditor and Clerk Robinson stated that the public hearing is closed; that the motion failed due to a tie vote; therefore, the item will be placed on the Agenda of the next Regular meeting. Mayor Martin stated that the item will be placed on the Agenda of the July 6, 2004, Regular Commission meeting due to the tie vote. 13. CITIZENS I INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 6:39 through 6:48 The following people came before the Commission: Frances Rice, 4594 Chase Oaks Drive (34241), stated that some Democratic operatives have launched a personal assault on African Americans, have called her a bigot in an attempt to silence her during her formative years in the 1940s, 1950s, and 1960s; that an attempt to deny the right to free speech was experienced at the Juneteenth Celebration; that an open letter to the Democratic party based upon research was written and distributed utilizing personal pension funds. Ms. Rice distributed to the Commission copies of a document entitled The Democratic Party Owes Blacks an Apology and a book entitled Unfounded Loyalty written by Wayne Perryman which gives an in-depth look into the love affair of blacks and democrats. Mayor Martin stated that the partisan nature of the comments is a concern; that Citizens' Input Concerning City Topics should involve City issues. City Attorney Taylor stated that the matter sounds personal; that the Commission could not take action on the matter. Ms. Rice stated that an explanation is available; that a letter was sent to the Commissioners accusing her of olgotry; that personal honor required defending. Mayor Martin stated that the Commission has been sent copies of the letter; that Ms. Rice desires to speak to the issue. Ms. Rice stated that African American citizens of the United States declare and assert 20 African American men and women landed in Virginia from a Dutch ship as slaves; that the poison fruit of plantation slavery was born which shaped the course of American development; that reconciliation and healing always begins with an apology; that an effort should be made to repay BOOK 56 Page 28210 06/21/04 2:30 P.M. BOOK 56 Page 28211 06/21/04 2:30 P.M. the people who have been wronged; that the Democratic party has never apologized for the horrific atrocities and racist practices committed against African Americans during the past 200 yearsi that the residual impact of the atrocities of the practices and current soft bigotry of low expectations are having an impact on African Americans today; that the Democratic party fought to expand slavery; that Jim Crow laws, black codes, and other repressive legislation designed to disenfranchise African Americans were established after the Civil War; that the Ku Klux Klan was a terrorist arm whose goal was to intimidate and terrorize African Americans and any whites who supported African Americans; that due to these problems and other documented atrocities and the accumulated wrongs inflicted upon African Americans, demand is made for a formal written apology and other appropriate remuneration from the leadership of the Democratic party. Sharay Williams-Davis, President, Democratic Black Caucus, Sarasota-Manatee Counties, 3810 5th Street East, Apartment 426, Bradenton (34208), stated that apologies are given to Ms. Rice if Ms. Rice felt personally attacked by the Democratic Black Caucus; that dissent exists in any organization, among Democrats and Republicans alike, who mistakenly say things which are not nice; that no one should be labeled a bigot; that she and Ms. Rice have common goals; that respect is shared for remaining active in the community in any manner; that her right for free speech should not be quashed; that the right to free speech is shared; that the right to disagree is shared; that she and Ms. Rice have no problems; that the actions taken are not regretted; that people should speak the whole truth and not the half truth; that the obligation is to move forward from the past and not continue to look back on unpleasant actions of the past; that pride is taken of personal accomplishments at 31 years of age; that a formal apology is given to Ms. Rice for any attacks or antagonistic remarks which were made personally; that the community of Newtown should move forward. 14. NEW BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 04R-1766, APPROPRIATING $136,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO PROVIDE FUNDS FOR MATCHING AN ECONOMIC DEVELOPMENT ADMINISTRATION PLANNING GRANT FOR A TRANSPORTATION CONCURRENCY MANAGEMENT AREA IN ORDER TO E PROCEED WITH LAND USE CHANGES IN THE NEWTOWN REDEVELOPMENT PLAN ; ETC. - AUTHORIZED THE MAYOR'S SIGNATURE ON AND SUBMITTAL OF A PLANNING GRANT APPLICATION TO THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION ADOPTED RESOLUTION NO. 04R-1766 (AGENDA ITEM XVII-1) CD 6:48 through 7:23 Mayor Martin stated that proposed Resolution No. 04R-1766 is an appropriation from the unappropriated balance of the General Fund to provide matching funds for an Economic Development Administration planning grant for development of a Transportation Concurrency Management Area (TCMA) to proceed with land use changes in the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Redevelopment Plan); and requested Staff come forward for the presentation. Dennis Daughters, Director of Engineering/City Engineer, Jane Robinson, Director of Planning and Redevelopment, and John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department, came before the Commission. Mr. Hawthorne stated that serious implications exist for the redevelopment of the Newtown area; that economic development could be impacted; that economic development is the basis for the Newtown Redevelopment Plan; that economic development can bring people into the community from other communities; that increased traffic would come into the area as a result; that problems getting land use changes incorporated into the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) can result from increasing traffic on congested roadways at or below the current adopted levels of service; that redevelopment cannot take place in Newtown until the traffic congestion issue is resolved; that Staff will explain the technical process of a Transportation Concurrency Management Area (TCMA). Mr. Hawthorne continued that the Newtown area is located in Census Tract Two, Block Routes One and Two; that Newtown is also the second historic core of the City's African American community; that Downtown grew at the turn of the Century and through the 1920s; that development pressure on the area now called the Rosemary District created a demand for growth farther north; that the Newtown community has experienced a gradual decline in economic vitality, housing conditions, and quality of life over the past several decades; that concern over the issues has prompted community and City leaders to develop a strategy to revitalize the entire community through the stimulation of commercial and housing development within Newtown; that the Newtown Redevelopment Plan was created; that the Newtown BOOK 56 Page 28212 06/21/04 2:30 P.M. BOOK 56 Page 28213 06/21/04 2:30 P.M. Redevelopment Plan is a summary of the planning efforts and acts as the blueprint for the renaissance of the Newtown community; that the goal of the City is to revitalize the entire community through the stimulation of commercial and housing development; that the street now known as Dr. Martin Luther King, Jr., Way (Dr. MLK Way) was the thriving heart of the then segregated enclave of Newtown; that decades of disinvestment, capital flight, along with the concentration of government subsidized housing and social services have created blighted conditions next to areas of thriving single family homes; that businesses have moved to areas of high traffic volumes; that integration was one of the causes of decline in the Newtown area; that the residents had the freedom to shop in different areas; that the businesses along the Dr. MLK Way corridor realized a steady decline over the years; that the following factors have contributed to the economic decline of the Newtown business center: - Competing regional shopping opportunities; - US 301 and US 41 commercial dominance; - Loss of strong consumers from the community; and Perception of decline in the community. Mr. Hawthorne stated further that the perception of decline is sometimes as damaging as reality; that the Newtown Redevelopment Plan as adopted in October 2002 indicated private investment should be encouraged by initiating public investment; that incentives such as appropriate land use designations, necessary infrastructure, financial and technical assistance should be provided by the public sector to attract the private sector projects necessary to stimulate the market; that the basic concept in redevelopment of the Newtown community is to create a commercial core along Dr. MLK Way which consists of three business clusters. Mr. Hawthorne referred to a map of the Newtown area on the Chamber monitors and stated that the first community commercial anchor is along US 301 and Dr. MLK Wayi that the second is a smaller neighborhood cluster at the heart of Newtown at Orange Avenue and Dr. MLK Way; that the third is an entertainment Cluster located at US 41 and Dr. MLK Way attempting to incorporate the Ringling School of Art and Design into the business clusters; that mixed use developments which allow for retail uses on the ground level and office residential uses above should be provided to support the clusters; that the units should be live/work units which are highly desirable for communities in transition; that economic development is the key to redevelopment based on the loss of local, neighborhood businesses on Dr. MLK Way; that some people view the Newtown Redevelopment Plan as a community redevelopment; that the key to a successful redevelopment is to view the redevelopment as economic; that more businesses along Dr. MLK Way and US 301 are necessary to attract the higher income residences or mixed incomes which are necessary to sustain the redevelopment in the community; that goods and services should be available in an area sO the people do not have to drive long distances to satisfy necessities; that having goods and services available has become an increasingly important issue. Mr. Hawthorne continued that approval of the investment into a TCMA is desired at the current meeting; that the study will provide the necessary transportation and land use policies sO the City can fully implement the Newtown Redevelopment Plan which provides for economic revitalization of a historically distressed area; that the market analysis which was done as part of the Newtown Redevelopment Plan indicates Newtown is a low to moderate income area with limited buying power; that analysis indicates home values and home ownership is generally stable; that the area therefore has a reasonable likelihood for success for non-residential redevelopment, that the market analysis indicates revitalization should do three things: 1) convenient retail and commercial establishments such as grocery and drug stores should exist, 2) other general retail commercial stores such as clothing, home accessory, and small appliance stores commonly found in neighborhood commercial centers should exist, and 3) the commercial stores have increased exposure to an area greater than the local Newtown community; that three major roadways which would serve the locations identified in the market analysis are suffering from traffic congestion; that local governments in Florida have adopted minimum level of service standards at which roads will be allowed to operate; that roads are rated as "A" as the best condition to "F" as the worst condition; that "F" is gridlock and congestion. Mr. Hawthorne stated further that the three major roadways which would serve the commercial redevelopment area are currently operating at the "F" level of service; that bringing more traffic onto roadways which are currently at such a level of service requires being addressed; that bringing in more traffic onto roadways which are presently at the current level of service is not supported by the Florida Department of Community BOOK 56 Page 28214 06/21/04 2:30 P.M. BOOK 56 Page 28215 06/21/04 2:30 P.M. Affairs (DCA) ; that two remedies were learned from discussions with the DCA; that one remedy is the Transportation Concurrency Exception Area (TCEA) which provides an exception for a specific roadway; however, another remedy, the TCMA, was suggested by the DCA to allow management of the traffic in a network of roadways into the area; that the pursuit of the TCMA versus the TCEA was suggested; that Staff can provide information on the TCMA and the process which must be followed. Mr. Daughters stated that the Newtown issue is similar to the process the Downtown went through several years agoi that the process can be improved based on past experiences; that the Downtown area of the City has a TCEA; that the area is a reduction area; that the levels of service were reduced; that every project must meet the reduced level; that the area is not a true exception area; that the projects would be exempt from meeting the concurrency in a true TCEA; that the projects are analyzed on a project by project basis; that the entire area is managed rather than individual projects and roadways; that the entire transportation concurrency is observed within the area and provides a more realistic but simplified perspective. Commissioner Atkins asked which three roads are operating at level "F"? Mr. Hawthorne stated that North Tamiami Trail, North Washington Boulevard, and Dr. MLK Way are operating at level "F". Mr. Daughters stated that North Washington Boulevard and US 301 will be improved by the Florida Department of Transportation (FDOT) from the current four lanes to six lanes from 12th Street to University Parkway; that the construction will end around 2007 or 2008; that the upgrades will help improve the corridor; that the intersections within the corridor will be improved; that the FDOT issues regarding US 301 include not making any improvements to the side streets which includes Dr. MLK Way. Commissioner Atkins asked the criteria to determine Dr. MLK Way is an "F" level street? Mr. Daughters stated that volume of traffic and the number of lanes are the criteria; that problems were created while the improvements such as on Main Street were done; that the improvements to Main Street and similarly to Dr. MLK Way were made for pedestrian friendliness; that the capacity of the streets were lowered; that the street is improved in one sense and the capacity is lowered in another sense. Mr. Hawthorne stated that the result of the improvements is the traffic which was normally utilizing Dr. MLK Way did not divert to another east/west corridor; that more congestion is the result of the changes with the same or increased traffic; that the current level of service is lower than the adopted level of service. Commissioner Atkins stated that in the process of making Dr. MLK Way pedestrian friendly, the level of traffic reduced the roadway to an "F" level of service. Mr. Daughters stated that Dr. MLK Way was close to an "F" level of service before the improvements; that Dr. MLK Way is a street comprised of commercial businesses in a Downtown area; that the lower level of service is expected and acceptable on such streets. Mayor Martin stated that an "F" level of service does not sound expected and acceptable. Mr. Hawthorne stated that the City is processing an amendment to the a City's Comprehensive Plan to designate the Newtown community as an urban infill and redevelopment area, which is one remedy; that the City will incorporate the results into the City's Comprehensive Plan and make changes to the Future Land Use and Zoning map consistent with the suggested land uses from the Newtown Redevelopment Plan upon completion of the TCMA study; that only two TCMA areas have been established by local governments in the State although Florida planning regulations have allowed for establishment of a TCMA for more than a decade; that the TCMA has not been widely applied across the State; that the DCA has recommended the TCMA as the recommended action. Mr. Hawthorne continued that discussions and meetings were held to find a solution; that additional funding sources were sought due to the amount of funds required to conduct the study and implement the TCMA; that meetings were held with representatives from the US Department of Commerce, Economic Development Administration (EDA) i that knowledge of the planning grant process was available from previous employment; that the City is eligible to apply for a planning grant to offset some of the expenses provided the TCMA is for economic development and not solely for a traffic study; that a resolution must come from the local government indicating funds are in place before the EDA will process the application; that the year's cycle for planning grants has been missed; that the City will be considered as one of the first areas in October 2004 for BOOK 56 Page 28216 06/21/04 2:30 P.M. BOOK 56 Page 28217 06/21/04 2:30 P.M. consideration if application is made; that the normal turnaround for consideration is 30 to 45 days; that a resolution is necessary indicating the City's portion is in place in order to submit an application to EDA. Vice Mayor Servian asked if Mr. Hawthorne would be working on the grant application? Mr. Hawthorne stated yesi that the grant application is almost complete. Vice Mayor Servian asked if the grant application will be sent to the Federal office in Washington D.C. upon adoption of the resolution and matching funds? Mr. Hawthorne stated that the grant application will be sent to the regional office in Atlanta, Georgia. Vice Mayor Servian asked if follow-up will be necessary by the Commission or will lobbying be necessary? Mr. Hawthorne stated that a 50 percent match is typical; that the match would typically be no more than $50,000 based the size of the area; that the match could potentially increase to $100,000; that the higher amounts require some support from local government and may require assistance from the congressional delegation. Vice Mayor Servian asked if the Commission will be notified of the appropriate time to provide support? Mr. Hawthorne stated yes. Vice Mayor Servian asked the location of the office for the Planner who will be hired? Ms. Robinson stated that the Planner will be located in the Newtown office. Mayor Martin stated that in the second year, $80,000 is required; and asked if the matter will appear before the Commission in a year or if an extension of the grant is possible? Mr. Hawthorne stated that the EDA can be approached with a request for an extension or another application for extended projects which would also require an additional match could be made; that additional funds may be acquired during the second year; that EDA would not normally consider Sarasota County due to the prosperity of the County; that the specific Newtown redevelopment area is the reason the project is eligible; that the existence of a redevelopment plan, the poverty level, the conditions existing in Newtown, and the fact the project is based on an economic development recovery makes the area eligible for programs through EDA. Commissioner Bilyeu asked if the Planner is a temporary full-time position for two years? Ms. Robinson stated that the hope is the Planner will be necessary to implement other concurrency network issues throughout the Cityi that the Planner will work primarily on the Newtown project until completion; that the Planner would then work with the rest of the City. Mr. Hawthorne stated that the Newtown Redevelopment Plan is a 20-year plan; that the significant amounts of planning activities required during the 20-year period necessitates some ongoing planning support; that Staff's desire is for the person to become a permanent part of the Staff which is necessary. Commissioner Bilyeu asked if the Planner is part of the fiscal year (FY) 2004/05 budget? City Manager McNees stated that the direct answer to the question is the Commission is agreeing to fund the position for the duration of the grant cycle while the grant funds last; that funding for the Planner position beyond the grant cycle will be worked out with Staff and the Administration at budget time; that the Commission would only be approving the position for the duration of the grant cycle while the grant funds and the matching funds last. Mr. Hawthorne stated that no absolute guarantees exist through Federal programs; however, a comfort level has been reached based on the needs of the area to acquire the planning grant funds from EDA; that the EDA concern is for the economic development issue only. Mayor Martin asked if the Planner position will be a Transportation Planner? Mr. Daughters stated yesi that both the Planning and Engineering Departments will be working closely on the project. BOOK 56 Page 28218 06/21/04 2:30 P.M. BOOK 56 Page 28219 06/21/04 2:30 P.M. Mayor Martin asked if City-wide concurrency issues will potentially be addressed? Ms. Robinson stated yes. Commissioner Atkins asked if the EDA has a method of indicating the requirements? Mr. Hawthorne stated that the EDA is very specific as to items required; that the information which must be contained in the grant application will be provided. Commissioner Atkins asked if the Commission will be made aware of any new mandates or if the Commission will be required to deal with the mandate at the end of the process? City Manager McNees stated that the Commission will only be required to deal with the matter at the current meeting; that Mr. Hawthorne will handle the grant application from the present time forward; that Mr. Hawthorne will assure the grant application is in the proper form with all the correct information before the October 2004 cycle; that Staff has been working with EDA for months and has a satistactory understanding of the project; that the remainder of the process will take place at the Staff level once the Commission has authorized the City to apply and the resolution has been passed to establish the local match. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1766 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to authorize the Mayor's signature on and submittal of a planning grant application to the US Department of Commerce Economic Development Administration and to adopt Resolution No. 04R-1766. Commissioner Atkins stated that the Commission should remain informed of the progress of the grant application in the interest of caution; that the hope is EDA does not dictate something not currently known in the process later. Mayor Martin stated that Commissioner Atkins' request should be noted sO a posting of the development of the grant application can be made. City Manager McNees stated that the Commission will be made aware of the progression of the grant application. Vice Mayor Servian stated that Mr. Hawthorne indicated the application is almost complete and the EDA is cooperating and a level of comfort has been reached. Mayor Martin stated that a number of requests for funds from the unappropriated fund balance exist; that the motion is supported; that an idea of the unencumbered balance in the General Fund as well as the number and types of similar items which have come forward would be beneficial; that the Commission can then keep track of the amount of the unencumbered balance to assure substantial reserves exist to stay fiscally responsible; that the unencumbered balance of the General Fund and a list of the requests should be made available. Vice Mayor Servian stated that the percentage of the unencumbered balance of the General Fund is also important; that taking funds from the unappropriated fund balance is not generally supported; that significant funds have been spent on the Newtown Redevelopment Plan; that the project is a worthy reason to expend the funds. Mayor Martin stated that the project is supported; that the information would be helpful from a tracking perspective. City Manager McNees stated that the information will be brought to the Commission; that the unappropriated fund balance of the General Fund is in excess of $10 million at the present time; that the amount of funds is significant at an uncertain time; that concurrency problems were never mentioned during the development of the Newtown Redevelopment Plan; that the concurrency problems should be given priority as nothing happens until the concurrency issues are resolved; that the amount of funds is significant; however, the City is powerless to move forward without the expenditure; that the recommendation is to move forward. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote to authorize the Mayor's signature on and submittal of a planning grant application to the US Department of Commerce Economic Development Administration and to adopt Resolution No. 04R-1766. Motion carried unanimously (4 to 0): Servian, yesi Atkins, yes; Bilyeu, yes; Martin, yes. BOOK 56 Page 28220 06/21/04 2:30 P.M. BOOK 56 Page 28221 06/21/04 2:30 P.M. 15. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1768, ADOPTING A MASTER PLAN TO GUIDE THE CITY IN THE DEVELOPMENT OF THE CULTURAL DISTRICT KNOWN AS THE SARASOTA CULTURAL DISTRICT MASTER PLAN 2004; SETTING FORTH FINDINGS; AUTHORIZING IMPLEMENTATION OF THE SARASOTA CULTURAL DISTRICT MASTER PLAN, ETC. (CONTINUED FROM THE AFTERNOON SESSION) - CONTINUED TO THE SEPTEMBER 7, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM XVI-1) CD 7:23 through 8:48 John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission and stated that the understanding is the Commission desires a significant amount of park with enough space to accommodate performances in the Cultural District; and asked if the direction to the consultants is to create meaningful space which is designed to work well upon completion? Mayor Martin stated yes. Vice Mayor Servian stated that just a green lawn is not the desire. Mr. Burg stated that the concept of a front door to the Cultural District received both support and opposition; that the Hazard Fountain and necessary service parking will be affected with the creation of a front door entrance; that Staff supports the front door concept in the Master Plan; that relocation of the Hazard Fountain may be required; that no change is recommended. Mayor Martin stated that the feasibility of a front door entrance is a concern; that problems with the Florida Department of Transportation (FDOT) are expected; that the design concept is supported; that the feasibility of implementing the design may be difficult. Mr. Burg stated that the design is straight forward from a traffic perspective; that no additional signals are required; that two slight bends would be constructed in the roadwayi that the City has a strong case with FDOT; that the issue may take time. Mayor Martin asked if the improvements have been discussed with Engineering Staff? Mr. Burg stated that the issue of FDOT approval has not been discussed at the present time. Vice Mayor Servian stated that the FDOT representatives present for the discussion concerning the Downtown Mobility Study indicated no objection would be taken as traffic capacity is not reduced; that the issue is a beautification issue; that FDOT did not have a problem with the design as long as the City was willing to fund the change. Commissioner Atkins stated that moving the Hazard Fountain is a concern; that the fountain should not be moved again; that the fountain should stay in one place. Mr. Burg stated that language could be added indicating all attempts would be made to save the Hazard Fountain. Commissioner Atkins stated that the Hazard Fountain should stay in the same location. Mr. Burg asked if a Commission consensus exists to add language to save the Hazard Fountain to the Cultural District Master Plan? Mayor Martin stated that the idea is to save the fountain in the current location if possible; that the Hazard Fountain should remain a significant feature in the Cultural District even if relocated; that the value of the fountain should be recognized. Commissioner Bilyeu asked if the design of the roadway will come back to the Commission again? Mr. Burg stated that any changes in the design of the roadway will come before the Commission probably many times; that regarding the 10th Street Pier, the comments were boats will not be able to dock at the north side of the pier due to prevailing winds, the pier should be moved to the north side of Payne Terminal or eliminated, the pier may be destructive to boats, the terminal requires dredging, and Aquarian Quest is a potential user of dock space; that discussions were held with boaters; that a five-mile fetch exists across the Sarasota Bayi that the area is windy; that the pier could serve as short-term parking for boaters in fair weather; that long-term boat mooring would not be possible; that a boat could be temporarily docked to visit a restaurant or a location in the Cultural District; that the pier could be used by pedestrians to view the water, the City, and the Cultural District; that the pier is to serve BOOK 56 Page 28222 06/21/04 2:30 P.M. BOOK 56 Page 28223 06/21/04 2:30 P.M. pedestrians and as fair weather, short-term boat docking while utilizing the Cultural District as well as a water taxi stop; that the design of the pier should include input from the boating community; that the language indicates the dredging of Payne Terminal will be necessary. Vice Mayor Servian asked the number of water taxi stops in the immediate area? Mr. Burg stated that only one stop is planned in the immediate area. Vice Mayor Servian asked if any discussions have occurred regarding the location of the dredged material? Mr. Burg stated no. Vice Mayor Servian asked if the location of the dredged material will be discussed at a later time? Mr. Burg stated yes. Mayor Martin asked if permitting feasibility for the pier has been discussed? Mr. Burg stated yes; that permitting was discussed with Staff of the Sarasota Bay National Estuary Program; that permitting the fixed arm of the breakwater is possible; that approximately 7 to 10 acres of sea grass exist; that a three to one mitigation of the sea grass increases the complication and the expense for the arm of the breakwater; that the pier is not as difficult but is expensive due to the large waves which will hit the pier. Mayor Martin stated that the pier must have the structural integrity to withstand the waves. Mr. Burg stated that is correct; that the breakwater is the most difficult and expensive; that the pier is less expensive and must be a strong structure. Mayor Martin stated that features which are sO unrealistic are not supported; that a marina on the west coast of Florida has not been permitted in 40 or 50 years; that such features are unrealistic; that the Master Plan must be based in reality. Commissioner Atkins stated that the area is already exclusive; that excessive funds are requested for ambience; that the belief is all the improvements will be cost prohibitive; that the proposals of the Master Plan are catering to a special few. Vice Mayor Servian stated that the plans look beautiful; that the probability of all the improvements happening is not very high; that leaving the unrealistic portions of the plan intact gives people an unrealistic expectation the entire plan will ever happen; that the mitigation of sea grasses and the amount of expense incurred for the few to enjoy the location is not supported; that the funds could be used elsewhere in the City for the many to use. Commissioner Bilyeu stated that the pier is a good idea if the proper placement could be found; that the water taxi would be supported; that three or four other pretty pictures exist for the potential appearance of the City; that the Master Plan is conceptual; that individual projects will come back to the Commission for approval. City Manager McNees stated that the unrealistic expectations and the difficulty in permitting are in relation to the marina; that the pier is much less problematic from a permitting perspective; that clarification is requested as to if both the marina and the pier are being removed from the Master Plan; that the pier would be available to everyone to walk or fish, etc. Vice Mayor Servian stated that the pier is supported if a probability of happening exists; that the marina should be eliminated now. Commissioner Bilyeu stated that the 888 and 988 condominiums are located on an area which was once water and was filled; that the plans are for the future; that eventually ideas become reality; that leaving the marina in the Master Plan is supported. Mayor Martin stated that the marina is not supported; that the pier is potentially permittable; that the idea of providing an area to drop a line or dock is supported; that such a pier has been experienced in other places; that a footnote should make mention of the difficulty to permit; that the ideal is included in the Master Pan; that some of the ideas should be qualified sO future Commissions and the community at large understand the feasibility of the ideas have been analyzed. Commissioner Atkins stated that the pier should remain in the Master Plan if feasible. BOOK 56 Page 28224 06/21/04 2:30 P.M. BOOK 56 Page 28225 06/21/04 2:30 P.M. Mayor Martin stated that a footnote or some indication should be added to acknowledge the concern. Mr. Burg asked if the Staff language which was discussed previously is acceptable? Mayor Martin stated that the language discussed is acceptable. City Manager McNees asked if the marina farther to the north should be removed from the Master Plan? Mayor Martin stated that the Marina will be discussed later in the meeting. Mr. Burg stated that a snack bar on the pier was considered; that Staff concluded ample locations for waterside restaurants exist; that the snack bar would impair views and would be costly; that the snack bar is not recommended. Vice Mayor Servian agreed. Mayor Martin stated that a snack bar at the end of the pier would not be a good idea with the prevailing winds. Mr. Burg stated that the next item is if the air rights at the end of Boulevard of the Arts would prohibit development; that no issue exists; that language should be added to the Master Plan to identify general sites for kayak launching near the eastern end of the wetlands; that the preliminary concept is to have an area on a north/south street in the Cultural District with a sign indicating kayak launching with a trail down to the wetlands; that the language could be added to the Master Plan. Mayor Martin stated that a graphic illustration should be added as well. Vice Mayor Servian stated that a concern is the parking location to launch the kayaks. Mr. Burg stated that on-street parking exists in all the areas of the Cultural District; that a sign indicating temporary parking for the kayak launch could be installed; that the next item is the Arts Walk Connection with Ninth Street; that the Arts Walk is Close to lining up at Ninth Street on the west side of US 41; that Staff indicated pedestrian safety would be best obtained by crossing at: Boulevard of the Arts and Tenth Street; that no change is recommended. Mayor Martin agreed. Mr. Burg stated that the next item is the water taxi route; that the water taxi route includes stops south of Sarasota Bay in residential neighborhoods; that the concept was found unrealistic; that the consultants prepared a conceptual design for the water taxi stops which would not be acceptable; that the Staff recommendation is to remove certain water taxi stops from the Master Plan. Vice Mayor Servian agreed. Mr. Burg stated that the next item concerns parking; that sufficient parking may not exist at the time if all the facilities are simultaneously programmed; that some comments were parking for facilities such as the Art Center Sarasota should be adjacent to the facilities to assist in unloading of materials and access for the disabled and parking should be consolidated into one large facility similar to the Sarasota Memorial Hospital parking garagei that the parking element of the Master Plan is based on an analysis utilizing the development program and parking factors appropriate for the conceptual master planning level. Mr. Burg referred to a November 6, 2003, memorandum from Walter Kulash, Transportation Consultant with Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc., included in the Agenda backup material which addresses parking; and stated that more detailed studies will be required as the plan approaches implementation; that as the plan is implemented, the performance will be monitored; that adjustments will be made as required; that no changes are suggested; that the analysis for the level of a conceptual plan is well done and appropriate. Mayor Martin and Vice Mayor Servian agreed. Mr. Burg stated that the next item concerns comments regarding the intersections with the roadway to Van Wezel Performing Arts Hall (VWPAH) i that the question regarding intersections and a potential roundabout is a significant technical issue; therefore, the comments were sent to Cooper, Robertson and Partners, Inc., the consultants who prepared the Master Plan; and quoted the response as follows: BOOK 56 Page 28226 06/21/04 2:30 P.M. BOOK 56 Page 28227 06/21/04 2:30 P.M. The right of way capacity we believe is right. Specific road geometries will be fixed at the design stage. This is a pedestrian district. All effort should be made in the design of the sidewalks and streets to ensure a safe, good quality environment for pedestrians, including those who are disabled or need assistance in walking. This includes appropriately signed intersections. We specifically do not support round-a-bouts as they are inconsistent with the principles for the District. Mr. Burg continued that Staff concurs with the consultant's recommendations; that the sidewalks are approximately 15 to 20 feet wide and are ample throughout the Cultural District. Mayor Martin stated that a comfort level is reached on the issue. Mr. Burg stated that the next item concerns the Centennial Park boat trailer parking; that the comments were additional boat trailer parking is required, and consideration of off-site boat trailer parking is necessary, and ample parking for boat trailers and adjacent restaurants is not available; that Staff is of the opinion neither Centennial Park nor the City is tasked with providing adequate boat trailer parking for the entire region; that the City provides for a disproportionately large share of public boat launching facilities within the region; that the Cultural District Master Plan calls for a 20 to 25 percent increase in boat trailer parking; that boaters should be involved in the planning process prior to implementation of any specific project in the area; that a change is not recommended. Mayor Martin stated that the indication regarding the disproportionately large amount of boat trailer parking provided by the City is supported; that the issue requires work. Vice Mayor Servian stated that the idea of providing off site parking with valet parking should be explored; that a fee should be charged for a decal to park in the parking lot, particularly for out of City residents sO City residents would have more use of the parking lot. Mayor Martin stated that charging for parking has been brought up several times and should be coming back to the Commission in the near future. Commissioner Atkins stated that the recommendation is appreciated; that Sarasota and Manatee Counties are seeking boat launching spaces as the City launches have not been given up to the Counties; that other communities should be responsive to boaters. Mayor Martin stated that the permitting process should move forward; that an intergovermmental meeting should be held regarding the boat launching issue; that surrounding area officials should be contacted for discussion in a proactive manner. City Manager McNees stated that specific direction concerning permits at Centennial Park has not been given the Administration; that caution is necessary due to the type of funding sources which have gone into the development of the launching ramps; however, the Administration will enthusiastically consider a fee structure or permitting process which exempts City residents if desired by the Commission. Mayor Martin stated that a permitting process should be moved forward if possible without overburdening Staff; that an intergovermmental meeting at the Staff or Commission level would be beneficial. Vice Mayor Servian stated that boaters are constantly indicating difficulty finding a space to park; that many of the license plates of the boaters are from Manatee County; that the City residents should be served primarily; that non-City residents could be charged a parking fee. Mayor Martin stated that the fair share is acceptable; that the City is providing a disproportionate share of boater parking; that the Commission's consensus is to pursue a permitting structure for boat trailer parking. City Manager McNees stated that beach access was an issue in another jurisdiction in the past; that the City and County residents had free parking; that all other visitors paid a fee; that the process worked well and can be accomplished. Mr. Burg asked if the language should be added indicating the disproportionate share of off-site parking? Mayor Martin stated that the term disproportionate share is not necessary; that the Commission desires to pursue the issue knowing the disproportionate share of parking is the case; that the BOOK 56 Page 28228 06/21/04 2:30 P.M. BOOK 56 Page 28229 06/21/04 2:30 P.M. off-site or valet parking may be a proper footnote or may be mentioned in the Master Plan. Vice Mayor Servian stated that discussions have been held in the past regarding an off-site parking area with valet parking. Mr. Burg stated that the next item concerns access to Centennial Park; that the comments included a suggestion for a traffic signal to facilitate northbound access and concern regarding the plan to sell part of the area for residential use; that Staff is of the opinion a balance is necessary between vehicular movement and other requirements; that northbound vehicles can exit Centennial Park by traveling around the block; that no changes were recommended. Commissioner Bilyeu stated that traveling around the block is acceptable if driving a Volkswagen; that maneuvering a 30-foot boat is more difficult; that the boats and trailers will travel through residential neighborhoods to enter Centennial Park; that the vehicles will not be able to travel to Tenth Street and make a U-turn to go north; that the boats with trailers will not be able to make a U-turn; that the people will have to travel to Tenth Street, make a left on Tenth Street, travel to Cocoanut Avenue into a residential neighborhood and drive back north to get into Centennial Park; that the entrance into Tenth Street should remain; that a middle turning lane would be necessary; that medians exist at the present time; that a truck with a trailer which is 15 feet or more will have trouble entering and exiting Centennial Park. Mr. Burg stated that the issue was not solved; that adding an additional signal would be problematic with FDOT; that the suggestion is not to make a U-turn with the trailers; that the solution has not been found. Commissioner Atkins stated that the circle around the block will be developed with the construction of the project with a Publix supermarket and the Broadway Promenade; that the area will not be residential; that the plan will change in the next two or three yearsi that going around the block may not be as problematic as envisioned. Commissioner Bilyeu stated that a left turn into Centennial Park will be impossible with the median; that trucks and trailers will travel through the area east of US 41; that the plan will work if driving down Cocoanut Avenue is not a problem; that the entrance could possibly be lined up with 11th Street; that boaters will probably not use facilities at Centennial Park if entering and exiting the area is difficult. Commissioner Atkins stated that few boaters will desire to cross US 41; that the area will be changing in the next several years. Mayor Martin stated that the consultants and Staff had problems with the issue; that the best answer is not yet available. Mr. Burg stated that a significant number of people objected to the housing or condominiums in Centennial Park; that Staff indicated the value of land for the housing on the site may be necessary to provide funding for other expenses in the plan; that a more detailed economic feasibility plan will be necessary to make the determination; that no change is suggested; that a misconception is the housing will make the waterfront area unavailable for public use; that an esplanade will exist throughout the entire Cultural District along the waterfront which would be public. Mayor Martin stated that clarification is necessaryi that the appearance of housing and condominiums while remaining true to the boat launching and the facilities is a concern; that the concept is for multi-story housing built above parking; that the towers would be perpendicular to the Bayfront for viewing purposes; that a sight-through only appears in one area according to the drawings. Mr. Burg stated that the parking would be below the building; that a public esplanade along the Bayfront would be constructed; that the boat trailer parking would increase by 20 to 25 percent by including the area currently occupied by FPL; that the concept is in the Cultural District Master Plan. Vice Mayor Servian stated that residential units are not supported in the Cultural District. Commissioner Atkins stated that residential use is not supported. Commissioner Bilyeu stated that the value of land for housing may be necessary to provide funding is pleasing; that other plans for the site have been observed in the past; that building height is not generally a concern; however, the concern is height at the Bayfront; that most of the City was walled off at the time the condominiums were built on Gulf Stream Avenue; that the City does BOOK 56 Page 28230 06/21/04 2:30 P.M. BOOK 56 Page 28231 06/21/04 2:30 P.M. not appear to receive substantial rain; that the rain is always to the north or south of the City; that rain has occurred to the north, south, and east in the past several days; that no rain has occurred directly in the Cityi that the hot air coming in from the Gulf of Mexico goes upward due to the condominiums; that the hot air hits the cool air at Interstate 75 which causes the storms east of the Cityi that height is a concern in the area; that the major concern is the height. City Auditor and Clerk Robinson stated that Centennial Park was purchased in May of 1979 with a referendum for water-oriented purposes; that the Resolutions regarding the purchase are located in the Office of the City Auditor and Clerk. Mayor Martin stated that the funds to develop the site were grant funds as well; that questions exist which have not been considered; that the Cultural District is south of Centennial Park; that the housing is supported as long as the boat tacilities will not be affected; that the funding of the development of the site must be considered or the Cultural District Master Plan is unrealistic. Vice Mayor Servian stated that the Resolutions regarding the purchase of Centennial Park should be reviewed; that the issue may be moot due to previous Resolutions. Mayor Martin stated that the deed has been reviewed in the past. Mr. Burg stated that the Resolution was not a problem from past recollection. Mayor Martin stated that the Commission appears split on the decision; that Commissioner Palmer's vote may be necessary for a decision. Mr. Burg stated that the next item concerns the Centennial Park marina and pier; that the Commisslon's consensus is to remove the marina; that the view corridor easement is the next item; that a request was received to include language regarding the view corridor easement in the Master Plan which is a legal issue; that language was added by the City Attorney's Office; that the next item concerns a comment, the architectural standards for mixed-use facilities should be equal to the standards for cultural facilities; that the Staff agrees; that Request for Proposals (RFPs) will be issued which include development standards listed in the Master Plan as well as any additional standards the City may desire to include; that no changes are recommended. Mayor Martin asked if design standards exist in the Cultural District Master Plan? Mr. Burg stated that detailed development standards exist in the Cultural District Master Plan; that any RFP brought forth will be presented to the Community Redevelopment Agency or the Commission. Mayor Martin stated that rare opportunities allowing the City to have the control to bring forth certain standards are available. Mr. Burg stated that a significant number of standards have been provided by the consultant such as street lighting, trees, etc. Vice Mayor Servian stated that a footnote should be included regarding not allowing structures which would be visually competitive; that the VWPAH is a signature piece; that the Gulfcoast Wonder & Imagination Zone (G.WIZ) and the Municipal Auditorium are significant architectural styles; that the area could become glaring rather than complementary. Mr. Burg stated that the mixed-use structures could be a background type of architecture to allow the cultural facilities as the iconic buildings. Vice Mayor Servian stated that the buildings could complement the iconic buildings rather than compete with the buildings. Mr. Burg stated that the new urbanism concept would be appropriate. Mayor Martin stated that the idea is supported. City Manager McNees stated that a unique opportunity exists in the Cultural District as the City owns the property; that partnerships will be formed; that the City can decide all the details. Mayor Martin stated that future Commissions will likely be considering the issues; that the consideration of harmony is important. Mr. Burg stated that the next item concerns the shape of Parcel P3; that the illustrative site plan indicates the south edge of the parcel with a slight curve toward the Arts Walk which partially blocks the view; that a comment was the line should be BOOK 56 Page 28232 06/21/04 2:30 P.M. BOOK 56 Page 28233 06/21/04 2:30 P.M. straightened to provide a full view; that the consultant indicated the shape of the parcel is adequate; that views are strengthened when framed and progressively opened; that the building shape will be determined once a program and design is established; that the building edge will be different from the parcel shape; that Staff concurs with the consultant's comment. Commissioner Bilyeu stated that Parcel P3 is indicated as Parcel 2 on the map for the record. Mr. Burg stated that the next item concerns the location of the Florida West Coast Symphony (FWCS), which favors Parcel P3 for the new performing arts facility; that the Renaissance Condominium Association favors Parcel P3 as well sO the flytower would be perpendicular to Tamiami Trail to enhance views; that Staff indicates the Master Plan allows for the location of the FWCS on either Parcel P3 or P5; that further studies may indicate additional options; that no changes are recommended. Mayor Martin stated that the FWCS and the Renaissance Condominium Association have focused cooperatively on Parcel P3. Vice Mayor Servian stated that the reason is probably Parcel P5 would violate the view corridor easement. Mr. Burg stated that both parcels satisfy the view corridor easement if the building is a performing arts center. Vice Mayor Servian stated that the allowed height is 90 feet if the building is a performing arts hall designated by the City; that currently the height limit is 45 feet. Mayor Martin stated that the Parcel P3 is less objectionable regardless of the view corridor issues. City Manager McNees stated that flexibility should be left in the Master Plan; that the exact location should not be determined at the current time. Mayor Martin stated that the problem would be if neither parcel works; that Centennial Park is not identified as a third location for the FWCS. City Manager McNees stated that amendments can be made in the event of a change in circumstances. Mayor Martin stated that the parameters can be widened at a later time if necessary. Mr. Burg stated that the next item concerns the lack of a liner building facing the Arts Walk; that the site plan indicates no liner building facing the Arts Walk; that the comment was liner buildings should be included; that the consultant indicated the building footprint is necessary to accommodate 1,800 cars if all structured parking in a future projected build-out demand of 1,800 spaces within the Cultural District is necessary and is satisfied with the location, assuming normative construction and no basement parking; that devices are available to ensure the appropriate quality to the Arts Walk; that no change is recommended; that sufficient parking was not available when liner buildings were provided around all the parcels; that the sides which should have liner buildings can be determined in the future. Mayor Martin stated that people will not generally use over three or four levels in a parking garage; that the parking garage can only go sO high and still remain useful. Mr. Burg stated that the parking garage will be utilized at the time people become accustomed to structured parking and the parking is within the acceptable range. Mayor Martin stated that the environment around a parking garage is not typically aesthetically pleasing. Mr. Burg stated that some parking garages are better than others; that the best parking garages are hidden with habitable spaces; that the parking garages are made as nice as possible; that the next item concerns transportation concurrency; that the comment was implementation may not be possible due to the inability of the project to meet concurrency, particularly if the TCEA is not more fully utilized; that Staff is of the opinion the general transportation concepts of the Master Plan appear sound; however, as any master plan of a conceptual nature, additional detailed transportation studies will be required to determine concurrency prior to implementation; that no change is recommended. Mr. Burg continued that the next item concerns the pedestrian connections across US 41; that the comment was the design principle of creating pedestrian connections across Tamiami Trail to adjacent neighborhoods will not be possible while US 41 remains under the control of FDOT; that Staff is of the opinion the long-term objective of providing pedestrian connections across BOOK 56 Page 28234 06/21/04 2:30 P.M. BOOK 56 Page 28235 06/21/04 2:30 P.M. Tamiami Trail is worthy and should remain in the Cultural District Master Plan; that safety for pedestrians crossing Boulevard of the Arts and Tenth Street as indicated in the Master Plan is the best option in the Cultural District; that no change is recommended. Mr. Burg stated Eurther that the next item concerns transportation evaluation; that the comment was significant feasibility studies will be required and should be reflected in the Cultural District Master Plan prior to implementation of transportation and other infrastructure improvements; that the recommendation is many aspects of the Master Plan will require additional steps prior to implementation; that no changes are recommended; that similar comments appear pertaining to stormwater; that the next item concerns sidewalk width and Americans with Disabilities Act (ADA) requirements which would necessitate widening the sidewalks to provide access for the disabled; that 15 to 25 foot sidewalks exist throughout the Cultural District; that no change is recommended; that the next item concerns the Federal Emergency Management Agency (FEMA) issues; that discussions occurred with the consultants regarding the FEMA issues; that the consultant indicated new parcels must be developed at FEMA levels; that the language recommended for inclusion is the Master Plan implies a build up of the existing level to allow the habitable floor to meet FEMA requirements. Mr. Burg further stated that the next item concerns the process for determining cultural uses in the Cultural District; that the comments were the process for determining which cultural uses should be located within the Cultural District are necessary and locations for mixed use cannot be committed until cultural uses are determined; that a defined process for evaluating cultural facilities desiring inclusion in the Cultural District should be developed; that the following language should be included in the Master Plan: As described earlier, the cultural component goals are connections to other nodes, drive increased attendance, and increase activity, volume, diversity, and accessibility. Mr. Burg stated further that more detailed administrative procedures for applications for inclusion in the Cultural District should be developed; however, procedures are not appropriate for the Cultural District Master Plan; that the procedures should detail the methods by which potential cultural facilities demonstrate the financial capabilities for meeting both capital and operating requirements and the manner in which the Cultural District goals are met; that the City may initiate special studies related to the future of the VWPAH. Mr. Burg stated that the next item concerns potential cultural users; that several entities desired consideration such as the Sarasota Museum of Modern Art, the Sarasota Ballet, and the Art Center Sarasota; that the comment was a statement encouraging cultural institutions to come forward early in the process sO sites are not pre-empted by other uses should be included in the Master Plan; that a satisfactory process is outlined in the Master Plan; that the next item concerns the commercial uses within cultural facilities; that the issue of profit generating uses as part of cultural facilities should be addressed; that Staff suggested language should be added to the Master Plan indicating commercial activities within not-for-profit cultural facilities should be evaluated and treated in a similar manner as competing private sector commercial entities. Vice Mayor Servian asked if the language pertains to leases or lease payments the City may receive for commercial activities within not-for-profit organizations? Mr. Burg stated that an example would be if a cultural facility were to have a restaurant or gift shop and a restaurant was across the street in a mixed-use development; that the restaurants would be treated in a similar manner regarding leases, operating expenses, etc. Vice Mayor Servian stated that the treatment would be fair. Mr. Burg stated that a more generic term was requested for Aquarian Quest; that a more generic term was developed; that the next item concerns the costs while not raising taxes; that Staff indicated the balance in the Cultural District Master Plan between cultural facilities and private mixed-use facilities provides the best assurance the City cost will be minimized; that an economic study should be conducted to test the feasibility of the Cultural District Master Plan; that no change is recommended. Mr. Burg continued that the next item concerns the cost of parking; that the cost of parking per unit was considered expensive at $27,000 per space; that Staff indicated costs in the Cultural District Master Plan are to provide a general order of magnitude estimates at the time; that significant additional work will be required prior to implementation, particularly regarding BOOK 56 Page 28236 06/21/04 2:30 P.M. BOOK 56 Page 28237 06/21/04 2:30 P.M. transportation and economic feasibility; that no change is recommended. Vice Mayor Servian stated that the recollection is the parking estimate was high at the time the $27,000 figure was established sO a fair estimate could be given for the cost of parking; that the average price currently is between $16,000 and $20,000; that the number may no longer be reasonable by the time the Cultural District Master Plan is implemented. Mayor Martin stated that the parking garage has some design features to enable vacating more expeditiously: that such a feature is important with visitors to the venues all entering or exiting the parking garage simultaneously. Mr. Burg stated that the next item concerns operations and maintenance costs; that a special assessment district within the Cultural District should be created to assure all users pay the fair share of operations and maintenance within the Cultural District. Mayor Martin and Vice Mayor Servian agreed. Mr. Burg stated that the last item concerns the letter of April 1, 2004, from CRP to the City; that edits were necessary according to the letter; that approval is sought to make the edits. Vice Mayor Servian agreed. Mayor Martin stated that the letter was not thoroughly reviewed. Vice Mayor Servian stated that the majority of the errors were scrivener's errors. Mr. Burg stated that the most significant issue for resolution is the mixed-use issue. City Auditor and Clerk Robinson distributed to the Commission copies of three 1979 Resolutions related to the acquisition of the Centennial Park property on the Bayfront. Mayor Martin stated that the City Attorney has had an opportunity to review the Resolutions; and asked if any language exists in the Resolutions prohibiting the development of housing in the Cultural District. City Attorney Taylor stated that other documents should be reviewed; that a reference is made to Federal funding assistance and to a Department of Natural Resources Application; that the project may be delayed if grant money is involved; that the first Resolution dated April 2, 1979, indicates an intent of the Commission to acquire in accordance with the development of a marine park concept plan; that the concept plan may be interesting; that the resolution is a statement of intent; that bond covenants could be involved with the property; that a review will be made to determine if a bond commitment was given at the time the bonds were issued. Mayor Martin stated that grant funding obtained in the development of the property could also be involved. City Attorney Taylor stated that Staff has considered the issue; that the Cultural District Master Plan appears acceptable. City Manager McNees stated that the City Attorney's statement along with the fact the referendum does not reference the use of the property seems to indicate the Cultural District Master Plan would be allowed; and asked if the City's acquisition of the property approved? City Attorney Taylor stated that he concurs. Mayor Martin stated that the issue is unresolved at the current time; that the Centennial Park site and the housing is unresolved; that the Commission is divided; that the issue will be decided at a time Commissioner Palmer is present to decide the issue; that the only issue still unresolved is regarding the balance of residential/comercial uses, etc. Mr. Burg stated that the issue is outstanding. Mayor Martin stated that Vice Mayor Servian appears not to support the residential aspect and is open to some of the commercial aspects; that the feeling of other Commissioners regarding residential uses in the Cultural District in some of the buildings would be helpful. Commissioner Atkins stated that the desirability of adding residential units in the Cultural District is questionable; however, some type of financing must be available; that the different proposals for financing the project will be heard; BOOK 56 Page 28238 06/21/04 2:30 P.M. BOOK 56 Page 28239 06/21/04 2:30 P.M. that residential use in the Cultural District Master Plan is not supported. Mayor Martin asked if the same feeling is felt towards a hotel? Commissioner Atkins stated that a hotel could be supported more than a condominium. Mayor Martin asked the opinion of having office uses, commercial uses, or a conference center? Commissioner Atkins stated that some manner to pay for the Cultural District Master Plan must be acceptable. Commissioner Bilyeu stated that the project could not be supported by his idea for the property; that $100,000 condominiums would sell more quickly than $1,000,000 condominiums but would not pay for the expenses of the Cultural District Master Plan; that the Commission heard a presentation for environmentally sensitive lands; that the FWCS could rebuild; that other new uses could come into the area; that the density should be Downtown; that height is not an issue Downtown; that the openness in the area is appreciated; that concrete should not cover every square foot of the area; that the area could be planted with trees and allowed to remain as environmentally sensitive land; that the existing organizations have been a part of the community for years and are important organizations; that residential use in the Cultural District is not supported. Mayor Martin stated that the height limit is probably a maximum of four stories. Commissioner Bilyeu stated that permanent residential use would be preferred to a hotel; that keeping an open mind is being attempted; that the decision will be made at the appropriate time; that excluding items recommended by consultants is not desired; that the consultant indicated nothing can be done or a significant amount of improvements can be done. Mayor Martin stated that residential use in the Cultural District is not supported; that the conflicted use is potential for trouble; that a late night venue with a café would be in conflict with people desiring to go to sleep at 11:00 p.m.i that the conflicts may. increase in the Downtown with the construction of residential units; that commercial uses such as a, café with predominantly outdoor seating has been envisioned; that the office use has always been of interest; that offices for cultural and artistic groups have been envisioned; that the only residential use considered is parallel with hotels; that people are only temporarily in the location; that the complaints are not permanent; that housing for artists who perform seasonally could be considered; that such people would contribute to the vitality in the Cultural District; that the idea of balance does not allow the idea of residences in the Cultural District to work; that other uses are acceptable; that overly private uses should not be considered; that seating which is 75 percent outside is the vision; that the vitality of the area would increase with outdoor venues. Vice Mayor Servian stated that one of the reasons the additional open space has been requested is the vision is not to restrict the area to patrons of the establishments; that the Cultural District should be an area for all citizens; that the EWCS artists or residents could be provided dormitory rooms as an accessory use; that the residential use would be provided by the particular cultural venues; that an artist colony exists in West Virginia which houses people from all over the state; that apartments or dormitories for the artists and residents are provided in the building; that such housing could be envisioned; that the price of the housing units would be exorbitant for a three or four story building; that only the elite of the community could afford to live in the units which is the reason residential units are opposed; that other means to fund the Cultural District Master Plan such as hotel, commercial, or office use should be found. Mayor Martin stated that the direction should be clear. Mr. Burg stated that housing is not a permitted use except as an accessory use to cultural institutions. Mayor Martin stated that the option should remain open for such housing. Mr. Burg stated that office, hotel, and commercial uses would be acceptable; that all the commercial uses should have a public face and be open to the public. Mayor Martin stated that the spirit of the language is good. Mr. Burg stated that the one outstanding issue of housing exists in the secondary area to the north. BOOK 56 Page 28240 06/21/04 2:30 P.M. BOOK 56 Page 28241 06/21/04 2:30 P.M. Mayor Martin stated that clarification from the City Attorney's Office will help address the matter; and asked if the entire issue will remain open until the residential issue is resolved? Mr. Burg stated yes; that the scope of work contract with the consultant will be analyzed from the scope of the consultant and the contract; that a considerable amount of work which is beyond the scope of work currently in the contract may be necessaryi that the remaining issues can be addressed at the appropriate time. Mayor Martin asked if the consultant has been paid in full? Mr. Burg stated no; that the contract has a provision to make minor changes in the draft plan; that some of the changes made at the current meeting relative to the open space go beyond the direction given to the consultants in December 2003; that considerable redrawing will be necessary. Mayor Martin stated that the deed should have been reviewed earlier; that the deed would have dictated matters in the first place. Vice Mayor Servian stated that a landscape architect was working with the consultants; and asked if the landscape architect's concept has been viewed? Mr. Burg stated that the streetscape is addressed in the Cultural District Master Plan; that some streets will have Palm trees; that other streets will have deciduous trees. Vice Mayor Servian asked if the location of buildings in relation to the environment has been discussed? Mr. Burg stated that the work was integrated into the Cultural District Master Plan; that a separate report does not exist. Mayor Martin stated that early work included a recommendation to extend the canal; that a larger green space was included with an amphitheater setting; that the name Cultural District Master Plan is a concerni that many more questions were answered with the City of Sarasota Downtown Master Plan 2020; that the word conceptual is more operative; that the name should be a Cultural District Conceptual Master Plan; that the Downtown Master Plan 2020 was much more detailed; that more answers are necessaryi that the footnotes which have been identified indicate some of the concerns; that identifying the types of feasibility studies necessary is beneficial; that a comfort level has been reached at the current meeting. Vice Mayor Servian asked if the Cultural District Master Plan has been presented to the Park, Recreation and Environmental Protection Advisory Board (Parks Board)? Mr. Burg stated yes. Vice Mayor Servian stated that the proposed Resolution does not indicate having the Cultural District Master Plan was presented to the Parks Board. Mr. Burg stated that the reason the Parks Board is not listed is due to the timing of the presentation; that the Parks Board was not on the list at the time the proposed Resolution was developed. Mr. Burg stated that the Parks Board will be added to the proposed Resolution. Vice Mayor Servian asked if the Parks Board could be notified of the changes made at the current meeting and a determination made as to if the changes provide a better level of comfort to the Parks Board? Mr. Burg stated yes. Mayor Martin stated that the idea is good; that the Commission is not privy to the minutes of the meetings of the Parks Board and of the concerns; that some of the concerns have been addressed. Vice Mayor Servian stated that the Parks Board should be apprised of the changes. City Attorney Taylor stated that the Cultural District Master Plan could be renamed while the proposed Resolution is being redrawn; and asked if the.terminology Concept Plan is preferred? Mayor Martin stated that the word conceptual should be included in the proposed Resolution; that many of the ideas are concepts which are not finalized. City Manager McNees stated that the word concept rather than conceptual could be used. Mayor Martin stated that the idea is supported; that with the Commission's agreement, the plan will be called the Cultural BOOK 56 Page 28242 06/21/04 2:30 P.M. BOOK 56 Page 28243 06/21/04 2:30 P.M. District Concept Plan; that one issue is outstanding; and asked if the Resolution should be adopted with the one issue outstanding or if the entire Cultural District Concept Plan should be adopted? City Auditor and Clerk Robinson stated that adoption of the proposed Resolution should be continued. Mayor Martin stated that the concern is four Commissioners have worked the ideas and brought strong consensus to all but one issue; that the matter will be brought before the entire Commission if Closure is not achieved. City Attorney Taylor stated that the Commission did nothing in the referendum process which would bind the Commission to the language in the Resolution; that the land should be checked for involvement in a grant program or with the bonding documents; that bringing an issue before the Commission is not necessary unless a problem arises concerning the issue. Mayor Martin stated that the Commission is divided concerning the issue of housing in Centennial Park; that two members are strongly opposed to housing; that the legal determinations may make the issue a moot point; that the one issue should be brought before the Commission if housing is allowed; that Commissioner Palmer's presence would be necessary to determine the issue; that all the other issues have been resolved sO bringing the entire Cultural District Concept Plan before the Commission again is not required. City Attorney Taylor stated that the proposed Resolution must be amended before coming back to the Commission; that the Mayor has already indicated the Commission's consensusi that the one issue comes back another time. Mr. Burg stated that further consideration of the Cultural District Concept Plan should be continued to September 2004 due to conflicting schedules of the Commission and his vacation; that conversations with the consultant will be initiated; that an update can be provided in September 2004. Mayor Martin stated that the Commission's consensus is to continue Resolution No. 04R-1768 to the September 7, 2004, Regular Commission meeting; and thanked Staff for the good work. 16. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XVIII) CD 8:48 through 8:59 Commissioner Bilyeu: A. stated that the Juvenile Justice Committee of the Department of Juvenile Justice is close to opening the Juvenile Holding Facility at the County; that a few rooms will be available to hold juveniles while being processed; that the number of juveniles going through the system is saddening. B. stated that he was appointed to the Homeless Coalition Board; that Bradenton and Manatee County held a Homeless Summit which could not be attended; that the City may wish to hold a Homeless Summit; that more information will be brought to the Commission. Mayor Martin stated that more education should be provided; that a segment regarding the Homeless Coalition may be broadcast on the United Way program on Channel 36; that having Commissioner Bilyeu serve on the Homeless Coalition Board is pleasing. Vice Mayor Servian: A. stated that the Economic Development Corporation (EDC) had a successful board meeting which consisted of an initiation session concerning a planning session which will be held to fully develop the Board; that a full day will be spent in retreat to ensure the Board members are truly committed both from a financial and a time perspective; that a series of meetings will oçcur in August 2004; that the stakeholders on the EDC will be making a presentation on economic development issues; that discussions have been held with the Administration regarding Staff support for the presentation; that Staff was requested to speak of the redevelopment efforts in Newtown and redevelopment projects Downtown and in the rest of the City to ensure the City's issues will be known county-wide. B. stated that Commissioner Atkins will probably speak regarding the Sarasota Housing Authority (SHA) meeting which was attended by him; that she attended a multi-hour SHA financial workshop which was learned of 45 minutes before starting; that the workshop was presented by an accounting firm for the SHA; that the SHA is insolvent; that the significant problems BOOK 56 Page 28244 06/21/04 2:30 P.M. BOOK 56 Page 28245 06/21/04 2:30 P.M. involve the United States Department of Housing and Urban Development (HUD) funding which is continually being reduced; that HUD indicated to the SHA retroactive cuts were being implemented; that HUD is attempting to recover funds which have already been expended; that the Homeless Coalition should be alerted of many more evictions of people requiring assistance through the Section 8 housing program; that a 10 percent increase in financial appropriations overall has occurred; that a drastic reduction in financing, public housing, and Section 8 has also occurred; that funds for HUD are being used for other programs; that HUD apparently believes people should be moved out of public housing and out of the Section 8 housing program; that the best manner in which to do sO is throw the people out; that the picture is depressing; that SHA Staff has revised the budget extensively and is cutting Staffing levels and attempting to rearrange some funds to stay solvent until the end of the fiscal year; that copies of the notes are available for anyone interested; that significant discussion will occur regarding the HOPE (Housing Opportunities for People Everywhere) VI grant and the person responsible for not turning in an acceptable application; that the City Manager attended a meeting on June 19, 2004, which addressed some of the issues. C. stated that as the Commission representative to the SHA, involvement is desired on any level possible; that the determination can then be made if the responsibility can be personally filled; that the feeling is of being out of the loop; that the press called regarding a meeting supposed to occur at a certain time of which she was not aware; that the communication should flow freely through the SHA to keep her informed. Mayor Martin stated that emphasis has been placed on communication; that Vice Mayor Servian's position as a liaison to the SHA is appreciated in a crucial time. Vice Mayor Servian stated that discussions were held with SHA Staff regarding being kept apprised of any meetings or workshops scheduled. Commissioner Atkins stated that the situation of the SHA and the HOPE VI grant is troubling. Vice Mayor Servian stated that the importance of focusing on the future is realized; that answers regarding the person or persons accountable for the denial of the HOPE VI grant are necessary; that the application was forwarded without appropriate review; that the hope is more information will be forthcoming; that answers are necessaryi that $436,000 was expended for an application; that the end result was nothing. City Manager McNees stated that the manner in which to provide the answers is the next issue. Commissioner Atkins: A. stated that a meeting of the Tourist Development Council (TDC) was attended; that the appropriations to the different arts committee and events in the budget for next year came forward; that an excellent process of evaluating applications is in place; that an uproar occurred in the community each time funds were allocated in the past; that the last couple years of appropriations have not had any challenges; that the TDC is a more peaceful place; that the County requested the departments to cut back three percent; that the TDC did not meet the threshold; that County Commissioner Patterson assisted in helping the people understand the budget should be Clearer. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = (AGENDA ITEM XIX) CD 8:59 through 9:07 Vice Mayor Servian: A. stated that asking to have the Cultural District Concept Plan presented to the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) brought up the idea of having the City's Parks Board and the County's Parks and Recreation Advisory Council (Parks Council) meeting once a year; that the County could view the Cultural District Concept Plan also; that a joint meeting with the County may be beneficial BOOK 56 Page 28246 06/21/04 2:30 P.M. BOOK 56 Page 28247 06/21/04 2:30 P.M. due to the interrelation between the County and City parks. Mayor Martin stated that a member of the City's Parks Board sits as a liaison and attends the County's Parks Council meetings as an Ex Officio member; that the matter can be referred to the City's Parks Board and the County's Parks Council for consideration since the interlocal agreement exists; that the interlocal agreement will require discussion to determine if working or not; and asked if a consensus exists to refer the matter of a meeting between the City's Parks Board and the County's Parks Council to the Parks Board? Commissioners Atkins and Bilyeu stated yes. B. stated that discussion occurred at the June 7, 2004, Regular Commission meeting regarding referring regulations for permitting or licensing of Segways to the Administration; that no information appeared on the Commission follow-up report; that the gentleman running the Segway tours in town has reported members of the Ritz-Carlton Beach Club will begin renting the Segways over the 4th of July - weekend; that no permitting or safety regulations are in place. City Manager McNees stated that the Commission has been copied on a series of electronic mails through the Code Enforcement Department; that the most direct information available indicates a conditional use issue exists if a commercial operation is conducting leasing activity which is not consistent with the Zoning Code (2002 Ed.); that the Ritz-Carlton Hotel and Condominiums have an issue related to the Zoning Code (2002 Ed.) to overcome; that the issue is under control; that the land use portion could be immediately addressed; that the regulatory issue will most likely require coming back to the Commission; that bicycles are not regulated and go up to 30 miles per hour; that people are not required to wear helmets, etc.; that the intention of the Commission is necessary; that Timothy Litchet, Director of Building, Zoning and Code Enforcement, has been out of town but is now back; that the City Attorney's Office is considering the issue as well. City Attorney Taylor stated that other jurisdictions have been contacted concerning issues or actions related to Segways; that Staff will be contacted for an update; that the second issue is the manner in which the Segway is classified; that territorial or jurisdictional issues exist depending on the manner in which the Segways are classified under State law. Vice Mayor Servian stated that the post-meeting follow-up generally has a section under Commission comments of items which have been referred; that the item was not listed. Mayor Martin: A. stated that the Steigerwaldt-Jockey Fountain, also called the children's fountain, at Island Park has been having operational issues; that people have called attempting to determine the hours and whether the fountain was open; that a number of parents and children were at the fountain on June 20, 2004, based on his recommendation and found the fountain not in operation; that the fountain was recently out of operation for months due to maintenance issues; that the situation was embarrassing. City Manager McNees stated that the fountain is a volatile, delicate piece of equipment which acquires dirt, sand, sticks, and stones which seize up the mechanical equipment; that the fountain is out of operation on a regular basis; that Staff has worked hard to keep the fountain in operation; that the device includes water, sand, and children. Mayor Martin stated that an indication of the number of times the fountain is inoperative would be helpful. City Manager McNees stated that a report will be prepared regarding the fountain. B. stated that the matrix distributed for the June 28, 2004, Commission retreat should be completed by June 29, 2004, sO the facilitators will have the information. C. stated that Commissioner Atkins is wished a happy birthday. 18. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XX) CD 9:07 through 9:16 BOOK 56 Page 28248 06/21/04 2:30 P.M. BOOK 56 Page 28249 06/21/04 2:30 P.M. City Manager McNees: A. stated that a meeting was attended on June 19, 2004, to discuss the HOPE (Housing Opportunities for People Everywhere) VI project; that an in-depth report will be given during the week; that the direction to take regarding the HOPE VI grant such as if to immediately apply again based on next year's parameters should be decided; that two parallel tracks will take place; that one is the City's responsibility and the other is the responsibility of the Sarasota Housing Authority (SHA) ; that the meeting included various local department representatives; that broad and unanimous consensus exists as to the direction which is to immediately define a mechanism to raze the Janie Poe public housing complex and relocate the resident and effect a redevelopment; that significant detail is necessary; that a clear commitment from the County and the SHA exists; that the City is committed to the objective; that a clear consensus is of the immediate priority of acquiring better housing for the residents of the Janie Poe public housing complex; that the matter will be addressed with urgency. B. stated that United States Department of Housing and Urban Development (HUD) desires to work with the City to identify a parallel opportunity which will not equal in magnitude to the HOPE VI process; that an economic development initiative grant process is available which is smaller; that the process is closed for the current cycle; that a commitment has been made to leave the process open for a limited period of time to line up some projects; that John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department, has discussed identifying items in the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Redevelopment Plan) for HUD; that Staff's strategy has been to take advantage of all the energy which has been gathering on the issue to advance the Newtown Redevelopment Plan; that the economic development initiative grants will be a good tool; that information will be relayed to the Commission as expeditiously as possible. C. stated that a private development in the area of the Hi Hat Ranch has performed a significant amount of dredging of long drainage swales without a permit; that the Southwest Florida Water Management District (SWFWMD) believes the City property is involved; that Staff has been requested to investigate the matter; that more information will be provided as soon as available; that SWFWMD has been notified of the availability of the City to help clarify or resolve the issue. D. stated that the Sarasota Police Department (SPD) will be issuing press releases regarding illegal fireworks particularly along the Bayfront; that walking along Mound Street or US 41 during the fireworks is dangerous; that a bottle rocket almost went into a baby carriage and blew up on the street nearby; that drastic action is necessaryi that the SPD will be strictly enforcing the ban. E. stated that the teigerwaldt-Jockey Fountain, also called the children's fountain, will be closed during the 4th of July; that the fountain cannot handle the volume of people; that the potential for a child getting hurt is high; that Staff was overwhelmed with the number of people at the fountain in 2003; that parents would not manage the number of children in the fountain at any given time; that the issue concerns life, safety, and health. City Auditor and Clerk Robinson: A. stated that the June 28, 2004, Commission retreat will be at the Radisson Hotel. Mayor Martin stated that City Auditor and Clerk Robinson is wished good luck as a Nominee for the Florida League of Cities City Clerk of the Year; that four Commissioners will be present; that he is unavailable due to a trip to Chicago, Illinois. BOOK 56 Page 28250 06/21/04 2:30 P.M. BOOK 56 Page 28251 06/21/04 2:30 P.M. 19. ADJOURN (AGENDA ITEM XXI) CD 9:16 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of June 21, 2004, at 9:16 p.m. Ruku dlarr RICHARD F. MARTIN, MAYOR ATTEST: Bily E oben sen BILLY EP ROBINSON, CITY AUDITOR AND CLERK