MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 5, 2004, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. COMMISSION PRESENTATION RE: : RECOGNITION OF BOY SCOUT TROOP FROM WEST FIFE/DUNFERMLINE, SCOTLAND CD 2:30 through 2:41 Mayor Palmer stated that a special presentation is for guests from the City's Sister City, Dunfermline, Scotland; that the City desires to recognize the Boy Scout Troop from West Fife/Dunfermline, Scotland; that the City is delighted to host the Boy Scout Troop; that a special salute by a melody played on bagpipes has been prepared for the Boy Scout Troop by William Buckley, President, of the St. Andrews Fife and Drum Society; that having Mr. Buckley join the presentation is appreciated. Mayor Palmer requested that Bill Wallace, City Director, Dunfermline Sister Cities Association from Sarasota, join her and the Commission at the Commission table for the presentation; and stated that Mr. Wallace is the conduit between the Sarasota Sister Cities Association and the Dunfermline Sister Cities Association. Mr. Wallace stated that addressing the Commission is a delight; that the City has been the sponsor of the relationship with Dunfermline, Scotland, since October 2002; that last year the City welcomed a 35-member fiddler orchestra which performed ten days in the Cityi that the 20 members and leaders of the Boy Scout Troop from West Fife/Dunfermline, Scotland, will be visiting Florida for ten days; that the Commission's invitation BOOK 56 Page 27492 04/05/04 2:30 P.M. BOOK 56 Page 27493 04/05/04 2:30 P.M. to greet the Boy Scout Troop is pleasing; and requested that the Boy Scout Troop join the Commission at the Commission table. Mr. Wallace stated that the Boy Scout Troop leader, Callum Farquhar, will make a special presentation; and requested that John Vitri and Barbara Bolen, Boy Scout executives from Sarasota, and the President of the Sarasota Sister Cities Association, Linda Rosenbluth, join the Commission at the Commission table. Mr. Farquhar stated that the warm welcome is appreciated; that greetings are brought from Fife Council in Scotland; presented a plaque to the Mayor and quoted from the plaque: Presented to Mayor Lou Ann Palmer, City of Sarasota, by Councillor, John Simpson, Convenor, Fife Council, April 2004. Mr. Farquar led the Boy Scout Troop in a song of friendship greetings. Mayor Palmer thanked everyone for attending; and stated that the presentation is a perfect example of the Sister City relationship with the integration between the two countries of young people and the educational exchange; that the hope is the Boy Scout Troop will return to Sarasota; that young and older people from Sarasota will continue to visit Dunfermline, Scotland; and asked the Commissioners to assist her in distributing souvenirs to the Boy Scout Troop. Mr. Wallace stated that the Boy Scout Troop should note how special Dunfermline, Scotland, is to Sarasota as Mayor Palmer and Commissioner Servian are wearing Dunfermline sashes and Vice Mayor Martin and Commissioners Atkins and Bilyeu are wearing Dunfermline ties in special tribute to the Boy Scout Troop and Dunfermline; and thanked the Commission for the presentation. 2. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:41 through 2:44 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove New Business, Item No. VII-2, Rescission Re: Motion adopted on March 11, 2004, to deny Resolution No. 04R-1708, to change the Future Land Use Classification of an approximately 0.51 acre parcel of property located on the south side of Main Street between Lime and Shade Avenues from the Single Family (Low Density) Future Land Use Classification of the Community orfice/Institutional Future Land Use Classification, per the request of Commissioner Servian as the item will be placed on the Agenda of the April 19, 2004, Regular Commission meeting. B. Add New Business, Item No. VII-5, Approval Re: Implementation of the Trolley for Main Street on a monthly basis for up to six months and authorize the City Manager to negotiate a contract with Trolley Systems of America, Inc., not to exceed $3,438.75 per week per the request of Dennis Daughters, Director of Engineering/City Engineer. Mayor Palmer asked if the Commission has any objections to the Changes. to the Orders of the Day. Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Mayor Palmer asked if any Commissioner wished to remove an item from Consent Agenda No. 1 or 2. Mayor Palmer requested that Consent Agenda No. 2, Item No. IV-B-10, concerning second reading of proposed Ordinance No. 04-4530, be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. IV-B-10 will be considered under Unfinished Business as Agenda Item No. VI-2. 3. CITIZENS' INPUT CONCERNING CITY TOPICS: (AGENDA ITEM I) CD 2:44 through 2:51 The following people came before the Commission: Judy Molnar and David Kidd, 1310 Pomelo Avenue (34239), representing Save the Sanctuary. Mr. Kidd stated that concerns regarding activities at the Pelican Man's Bird Sanctuary are presented; that a whistle- blower's lawsuit has been filed against the Pelican Man's Bird Sanctuary; that illegal activities are occurring at the Pelican BOOK 56 Page 27494 04/05/04 2:30 P.M. BOOK 56 Page 27495 04/05/04 2:30 P.M. Man's Bird Sanctuary; that the City is requested to review the lease agreement with the Pelican Man's Bird Sanctuary. Mayor Palmer stated that caution in language use is recommended; that legal issues are being brought to the Commission; that the Commission cannot address legal issues. City Attorney Taylor stated that hearing the presentation is not a concern. Ms. Molnar stated that various agencies are reviewing the complaints; that complaints and concerns were presented to management at the Pelican Man's Bird Sanctuary; that employees who did not resign were fired with no reason days after the complaints were presented; that a reason for the firings has not yet been offered; that policies of concern regarding the Pelican Man's Bird Sanctuary have not been changed; that the Commission should be aware of the situation. Doug Jennings, 940 Caloosa Drive (34234), stated that a permit was issued by the City to build a boat dock in 2003; that all applicable permits were issued; that a neighbor's boats are anchored in a manner which prohibits building the dock; that Staff indicates the City cannot solve the problem; that he was advised to file a lawsuit; that the Zoning Code (2002 Ed.) indicates no tie-off, piling, vessel, or boat lift shall be placed or docked sO any portion projects into the middle 50 percent of the waterway; that a surveyor certified the neighbor's boats are extending into the middle 50 percent of the waterway; that the question is the reason Staff cannot resolve the violation; that a lawsuit has been filed; that having a permit to build a boat dock but being precluded from building a dock due to trespassing is frustrating. 4. APPROVAL RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MARCH 11, 2004, AND THE REGULAR CITY COMMISSION MEETING OF MARCH 15, 2004 - APPROVED, : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MARCH 22, 2004 APPROVED AS REVISED (AGENDA ITEM II) CD 2:51 through 2:52 Mayor Palmer asked if the Commission had any changes to the minutes? Vice Mayor Martin referred to the following from Agenda Item I regarding proposed Ordinance No. 04-4531 amending the Zoning Code (2002 Ed.) by creating four new Zone Districts within the Downtown from the minutes of the March 22, 2004, Special Commission meeting: Vice Mayor Martin stated that no Sarasota School of Architecture building could be built in the Downtown area under the proposed Downtown Code Vice Mayor Martin stated that the statement was in reference to a previous statement made in the meeting by a public speaker, Mark Smith, who is an architect. Mayor Palmer stated that hearing no other changes, the minutes of the Special City Commission meeting of March 11, 2004, and the Regular City Commission meeting of. March 15, 2004, as presented, and the minutes of the Special City Commission meetings of March 22, 2004, as revised are approved by unanimous consent. 5. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE' S REGULAR MEETING OF MARCH 10, 2004 - RECEIVED REPORT ; APPROVED THE FOUR ARTIST FINALISTS TO SUBMIT NEW PROPOSALS CONSISTENT WITH THE COMMISSION'S CRITERIA REQUIRING WATER AND SEATING CONDITIONED UPON APPROVAL BY THE CITY ATTORNEY'S OFFICE (AGENDA ITEM III-1) CD 2:52 through 3:04 James Bowen, Chair, Public Art Committee, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mr. Bowen presented the following item from the March 10, 2004, Public Art Committee meeting: Lemon Avenue Plaza public art project Mr. Bowen stated that at its March 10, 2004, meeting the consensus of the Public Art Committee was to ask if the four artist finalists are willing to submit proposals consistent with the Commission's criteria for the proposals to include water and seating features and seek the Commission's approval of a process which would provide the opportunity for all four artist finalists to submit new proposals consistent with the Commission's criteria including water and seating features. BOOK 56 Page 27496 04/05/04 2:30 P.M. BOOK 56 Page 27497 04/05/04 2:30 P.M. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to authorize the Public Art Committee to request the four artist finalists submit proposals consistent with the Commission's criteria. Vice Mayor Martin stated that the reconsideration of the Public Art Committee is appreciated; that the Public Art Committee is thanked for an excellent resolution of the issue. Commissioner Servian stated that she is disconcerted with the tone of some members reflected in the March 10, 2004, minutes of the Public Art Committee; that disrespect of the Commission is evident in the minutes; that Staff and Mr. Bowen should indicate to the Public Art Committee the comments in the minutes are disturbing; that indicating the Public Art Committee is careful and the Commission members are not sophisticated enough to make decisions concerning public art is offensive; that the attempt at manipulating the selection process is beyond disturbing; that selections of board members should be made with care; that the attitude of members of the Public Art Committee is disturbing. Commissioner Atkins asked if requesting re-submittal by the four artist finalists is appropriate and if another Call to Artists should be initiated? City Attorney Taylor asked if Staff has requested advice from the City Attorney's Office? Mr. Burg stated no. City Attorney Taylor stated that review of the issue is preferred prior to commenting on the re-submittal process. Mayor Palmer stated that continuing the issue to the April 19, 2004, Regular Commission meeting may be appropriate; that a difficulty is the timing; that requesting re-submittal from the four artist finalists is acceptable; that members of the Public Art Committee were frustrated as instructions were unclear; that the word "hopefully" created the problem; that the motion in the June 19, 2003, Joint meeting of the Commission and the Public Art Committee indicated approval of receiving proposals for public art nopefully to include a water feature and seating; however, the intent of the Commission was stronger than hopefully; that the Commission should have scrutinized the Call to Artists more closely; that the frustration of the Public Art Committee is recognized; however, some of Commissioner Servian's opinions are shared; that the Commissioners are the policy makers; that the Commission appoints boards and committees as advisors who are experts in areas in which the Commissioners are not; that everyone should adhere to the pledge of civility; that the motion is supported; and asked if the motion is legally appropriate? City Attorney Taylor stated that a review of the legality is preferred. Mr. Burg stated that the timeframe is significant; that having the public art in place is important to coordinate with the Lemon Avenue Streetscape Project and the tourist season; that approving the Public Art Committee's recommendation pending review and approval by the City Attorney's Office is suggested. Mayor Palmer asked if the Public Art Committee believes one of the four artist finalists will propose a high quality artwork which incorporates the concerns with the art and the seating and water features? Mr. Bowen stated yes. Mayor Palmer stated that all criteria requested by the Commission should be presented to the four artist finalists. Mr. Burg stated that the minutes of the Commission meeting indicating the criteria can be presented to the artists. Mayor Palmer restated the motion as to approve having the four artist finalists submit new proposals consistent with the Commission's criteria requiring water and seating features and conditioned upon approval by the City Attorney's Office and called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to receive the report of the March 10, 2004, Regular meeting of the Public Art Committee. Vice Mayor Martin stated that the March 10, 2004, Public Art Committee minutes reflected discussion regarding relocating the sculpture "Sentinel I" by artist Jack Cartlidge to the City's Federal Building; that the Public Art Committee determined the sculpture was not appropriate for the Federal Building; that the indication was to reserve the Federal Building location for a future Call to Artists competition; that a sculpture should be placed at the Federal Building in the near future. BOOK 56 Page 27498 04/05/04 2:30 P.M. BOOK 56 Page 27499 04/05/04 2:30 P.M. Commissioner Atkins stated that Fredd Atkins Park was considered as a location for artwork; that design plans have commenced and consideration of the artwork should begin soon. Mr. Burg stated that the Public Art Committee placed the issue of public art on the Agenda of its April 14, 2004, meeting. Commissioner Atkins stated that now is the time to consider artwork for Fredd Atkins Park. Mayor Palmer stated that Commissioner Atkins's suggestion is to place consideration of artwork on the Public Art Committee's Agenda for Eurther discussion. Mayor Palmer called for a vote on the motion to receive the report of the March 10, 2004, Regular meeting of the Public Art Committee. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Martin, yes; Palmer, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4,5,6 7, 8, AND 9 - APPROVED (AGENDA ITEM IV-A) CD 3:04 through 3:05 1. Approval Re: Set for public hearing proposed Ordinance No. 04-4509, amending Chapter 11, Buildings and Building Regulations, creating a new Article VI, pertaining to the registration of contractors and specialty tradespersons; providing for the registration of contractors and specialty tradespersons; providing for minimum requirements for registration; providing for fees for registration except for persons exempt there from under Florida Law; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; providing for a penalty for violations; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Baseball Facility Lease Agreement between the City of Sarasota and The Cincinnati Reds. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Seventh Amendment to Minor League Baseball Facility Lease Agreement between the City of Sarasota and the Sarasota Red Sox of Florida, Inc., for an additional one-year period for the 2004 championship season, expiring October 31, 2004. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Easement between the City of Sarasota and Florida Power & Light Company (FPL) for the placement of a transformer on the southwest corner of the City Hall property. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Kenneth D. and Emma M. Chapman for connection of the City's water distribution system for a developed site located at 1811 South Brink Avenue. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment between the City of Sarasota and Kuxhausen Construction, Inc., Bid No. #02-18M, for the City-Wide Sewer Pipe Replacement (Annual Contract). 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Human Relations Board Rules of Procedure. 8. Approval Re: FY 2003/04 Neighborhood Grant Program March Cycle. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Lease Agreement between the City of Sarasota and Voicestream Tampa/Orlando, Inc., to use the Southgate Water Tower to install antennas and telecommunications equipment. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 9, inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1729) - ADOPTED ; ITEM 2 (RESOLUTION NO. 04R-1735) = ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1736) - ADOPTED; ITEM 4 (RESOLUTION NO. 04R-1737) = ADOPTED, ; ITEM 5 (RESOLUTION NO. 04R-1738) ADOPTED; ITEM 6 (RESOLUTION NO. 04R-1740) = ADOPTED; ; ITEM 7 (RESOLUTION NO. 04R-1741) ADOPTED; ; ITEM 8 (RESOLUTION NO. 04R-1742) - ADOPTED : ITEM 9 (ORDINANCE NO. 03-4468) - ADOPTED; ITEM 10 (ORDINANCE NO. 04-4530) = REMOVED UNDER BOOK 56 Page 27500 04/05/04 2:30 P.M. BOOK 56 Page 27501 04/05/04 2:30 P.M. CHANGES FOR DISCUSSION UNDER UNFINISHED BUSINESS AS AGENDA ITEM NO. VI-2 (AGENDA ITEM IV-B) CD 3:05 through 3:10 1. Adoption Re: Proposed Resolution No. 04R-1729, recognizing April as Fair Housing Month, making findings regarding same; etc., (Title Only). 2. Adoption Re: Proposed Resolution No. 04R-1735, appropriating $31,000 from the unappropriated balance of the General Fund to provide funds for the re- appropriation of the Celebrate Sarasota event entitled "Hands of Heritage Multicultural Festival" held during the month of October 2003, and as approved by the City Commission; etc. 3. Adoption Re: Proposed Resolution No. 04R-1736, appropriating $50,000 from the Law Enforcement Trust Fund (110-082) to fund attendance by the Police Department personnel at various training programs; etc. 4. Adoption Re: Proposed Resolution No. 04R-1737, appropriating $30,000 from the unappropriated balance of the General Fund to fund the hiring of a consultant to perform Governmental Accounting Standards Board 34 Asset Valuation services; etc. 5. Adoption Re: Proposed Resolution No. 04R-1738, urging the Florida Legislature to reauthorize and fully fund the state and local housing trust funds for the fiscal year 2004-2005; etc. (Title Only). 6. Adoption Re: Proposed Resolution No. 04R-1740, appropriating $102,000 from the unappropriated balance of the General Fund to fund the purchase of 17 properties to be acquired by code enforcement lien foreclosures. Properties to be transferred to the Sarasota Housing Authority, and when completed, State Housing Initiatives Partnership funds will reimburse the General Fund; etc. 7. Adoption Re: Proposed Resolution No. 04R-1741, appropriating $5,000 from the unrecognized revenue of the Tax Increment Trust Fund to appropriate the developer application fee for Ringling Square for administrative review of the developer's request for financial assistance, and to hire a consultant, for up to $1,000, to evaluate the pro forma for the Ringling Square Project; etc. 8. Adoption Re: Proposed Resolution No. 04R-1742, appropriating $215,000 from the unappropriated fund balance of the Information Technology Fund to fund the mediation settlement of Computer Associates International, Inc., versus City of Sarasota; etc. 9. Adoption Re: Second reading of proposed Ordinance No. 03-4468, adopting by reference a revision and reprinting of the Zoning Code (2002 Ed.) of the City of Sarasota, Florida; providing for the placing of copies of the same on file with the office of the City Auditor and Clerk for public use, inspection and examination; stating the intent of the City Commission in adopting the revision and reprint of the Zoning Code (2002 Ed.); providing that prosecutions begun under the previous version of the Zoning Code (2002 Ed.) may be continued; providing for the severability of the parts hereof and the parts of the reprinted Zoning Code (2002 Ed.); etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 04R-1729 and 04R-1738 and proposed Ordinance No. 03-4468 by title only and proposed Resolution Nos. 04R-1735, 04R-1736, 04R-1737, 04R-1740, 04R-1741, and 04R-1742 in their entirety. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 9, inclusive. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yesi Servian, yes. 8. UNFINISHED BUSINESS: DISCUSSION RE : CONSIDERATION OF THE FOLLOWING OPTIONS FOR REPLACEMENT OF THE ENTIRE WALKING PATH AT ARLINGTON PARK: OPTION #1 - PATCH AND REPAIR THE EXISTING PATH SYSTEM IN ACCORDANCE WITH THE CURRENT CONTRACT AND SCHEDULE THE PATH REPLACEMENT AS A FUTURE CAPITAL IMPROVEMENT PROJECT; OPTION #2 CHANGE ORDER EXISTING CONTRACT AND RECONSTRUCT THE ENTIRE PATHWAY NOW; i AND OPTION #3 - STAFF WILL HAVE EXISTING CONTRACT COMPLETED AND BID PATHWAY REPLACEMENT UNDER A SEPARATE CONTRACT AND UNFINISHED BUSINESS: APPROVAL RE: : PROPOSED RESOLUTION NO. 04R-1743, APPROPRIATING $95,000.00 FROM THE UNAPPROPRIATED BOOK 56 Page 27502 04/05/04 2:30 P.M. BOOK 56 Page 27503 04/05/04 2:30 P.M. FUND BALANCE OF THE GENERAL FUND TO FUND THE REPIACEMENT OF THE ENTIRE WALKING PATH AT ARLINGTON PARK; ETC. - DIRECTED STAFF TO CREATE A PROJECT AS PART OF THE ANNUAL RESURFACING PROJECT TO REPLACE THE ARLINGTON PARK PATHWAY SYSTEM CONSISTENT WITH REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT AND OTHER CONTEMPORARY DESIGN STANDARDS AND REPORT BACK WITH THE PRICE TO REPLACE THE ARLINGTON PARK PATHWAY SYSTEM (AGENDA ITEM VI) CD 3:10 through 3:56 Mayor Palmer stated that proposed Resolution No. 04R-1743 is to appropriate $95,000 from the unappropriated fund balance of the General Fund for the purpose of replacing the entire walking path at Arlington Park; and requested that Staff come forward for the presentation. William Hallisey, Director of Public Works, and Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, came before the Commission. Mr. Hallisey stated that the Arlington Park project is nearing completion; that the project included removal of exotic trees, patching and expansion of the existing pathway system, new lighting, park furnishings, and landscaping; that at the March 22, 2004, Special Commission meeting, the Commission expressed an interest in considering options for replacing the entire pathway system. Mr. Mountain stated that price estimates have been received from the existing contractor to replace the asphalt pathway system at Arlington Park; that the estimate for the additional work is $95,000; that options for construction include: 1. Replace the main pathway system with concrete at a cost of approximately $100,000. 2. Replace the main pathway system with a clay-gravel composite surface which is a permeable surface and allows water to drain through at a cost of approximately $150,000. Mr. Mountain continued that $95,000 for the asphalt work is excessive; that Staff recommends the City include the work as part of the upcoming resurtacing program and potentially receive a better price; that following are options for issuing requests for bids: Option 1- Patch and repair the existing path system in accordance with the current contract and schedule the path replacement as a future Capital Improvement Project (CIP); Option 2- Issue a change order to the existing contract and reconstruct the entire pathway now; and Option 3- Complete the existing contract and bid pathway replacement under a separate contract. Mayor Palmer asked the time the bidding process and completion of the project will require? Mr. Mountain stated that the bidding process and completion of the project would require six months to one year. Commissioner Servian asked if Staff has coordinated with the County regarding the Arlington Park project to determine if the County is willing to contribute to the project, especially regarding removal of exotic plants? Mr. Mountain stated that the County has not expressed interest in participating in the Arlington Park project; that Staff has met with the County to indicate the intent of the Arlington Park project; that the County attempted somewhat successfully to remove exotic plants several years ago; that the most viable manner in which to remove exotic plants is with heavy equipment; that piecemeal removal of exotic plants allows the plants to. re- establish. Commissioner Servian asked the amount quoted for the patching of the pathway system under the current contract? Mr. Mountain stated that the quote is $22,000; that patching the pathway system could produce a viable pathway system for five years. Vice Mayor Martin stated that the understanding is new portions of the pathway system are entrances to neighborhood streets. Mr. Mountain stated that is correct. Vice Mayor Martin asked the number of new portions? BOOK 56 Page 27504 04/05/04 2:30 P.M. BOOK 56 Page 27505 04/05/04 2:30 P.M. Mr. Mountain stated that five or six new pathways will be installed. Vice Mayor Martin asked if the new pathways will be asphalt? Mr. Mountain stated yes. Mr. Hallisey stated that Staff had recent discussions with the County regarding capital reinvestment into the parks maintained by the County under the Interlocal Agreement; that the hope is to report back to the Commission during fiscal year (FY) 2004/05 budget discussions; that the County recognizes capital reinvestments must be made to existing facilities. Commissioner Servian stated that removing exotic plants from Arlington Park at the time the County removed exotic plants from Lido Beach would have been logical and saved the City some money; that some pathways at Arlington Park crumble at the edges when walked on; that the viability of patching is questioned; and asked if Risk Management has examined the condition of the pathway system? Mr. Hallisey stated no; that Staff concurs upgrading the pathway system is required; that available funds will allow no more than patching the pathway system; that the pathway system should be replaced with a different surface as asphalt is difficult to maintain. Mayor Palmer stated that the County is conducting a stormwater program in the Arlington Park area; that the pathway on the Arlington Street side is disintegrating; and asked if the stormwater program can offset some funds for repair of Arlington Park? Mr. Mountain stated no; that the stormwater program could delay the Arlington Park project; that the stormwater program will be under construction in the Arlington Park area for one to two weeks; that Staff will not undertake any construction on the pathway system until completion of the stormwater program. Mayor Palmer stated that the hope was funds could be transferred to the Arlington Park project as the disintegration of the pathway in the stormwater program area was due to standing water. City Manager McNees stated that City is beginning the preparations for the FY 2004/05 budget; that a project of a magnitude such as the Arlington Park project should be considered in the context of all anticipated projects; that Staff has compiled a list of all the requested capital projects included in the Parks + Connectivity Master Plan, the City of Sarasota-Newcown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan), etc.; that the requirements in the list in excess of funds available is $135 million; that the City's share is only $93 million which is a significant amount of moneyi that the Arlington Park project is excellent; that the Commission can consider the Arlington Park project standing alone or in the context of all other requests; that Arlington Park can be brought up to standards; that many areas in Arlington Park are in excellent condition. Mayor Palmer stated that the Commission is attempting to identify alternative sources of funding other than City funds. Commissioner Atkins stated that having discussions with the County regarding potential contributions to parks in the City is pleasing; that a concern is the asphalt and concrete prices are comparable; that walking on asphalt or another type of surface instead of concrete is preferred; however, in reality, concrete is more permanent; that the comparability of the price of asphalt with the price of concrete is surprising. Mr. Hallisey stated that the cost of materials may not be the reason for the high cost of asphalt; that the contractor working on the Arlington Park project is subcontracting the asphalt work; that the price for the asphalt work would likely be reduced significantly if included in a larger program. Vice Mayor Martin stated that the cost of the County investment in previous exotic plant removal and stormwater retention was significant; that the City and County should continue to cooperate in the ownership and management of parks; that the Arlington Park project was budgeted at $250,000 in the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax; that as a neighborhood activist, he came before the Commission and asked for consideration in the L.O.S.T. extension to include an amount primarily for exotic plant removal and restoration of the native habitat; that a concern is the improvements to Arlington Park amplify the poor condition of the pathway system; that leaving the pathway system in the present condition until a bidding process is completed is a concern; that repairs for safety should be performed immediately. BOOK 56 Page 27506 04/05/04 2:30 P.M. BOOK 56 Page 27507 04/05/04 2:30 P.M. Mr. Mountain stated that the existing contract should be completed which will provide a viable pathway system; that Staff recommends removal and replacement of the old asphalt to avoid increasing the height of the pathways; that Staff recommends building pathways from neighborhood entrances and patching the existing pathways to provide a viable pathway system. Vice Mayor Martin stated that a question is if the patched and improved asphalt system would be a viable base for another composite system in the future. Mr. Hallisey stated that the $22,000 in the current contract includes $11,000 to expand the pathways to the neighborhoods which can be put into abeyance; that $11,000 can be used for repairs to the pathway system which will alleviate risk management issues; that Staff can meet with neighborhood residents regarding options for the Arlington Park project. Vice Mayor Martin asked the base of the paths to the streets? Mr. Mountain stated that the base of the entranceways to the street is comprised of shell; that the entranceways will not be covered with asphalt and seem to be holding up well. Sherrie Leman, Board Member, 2144 Hyde Park Circle (34239), and Carolyn Fishel, President, Arlington Park Neighborhood Association, 2490 Waldemere Street (34239), representing Arlington Park Neighborhood Association, came before the Commission. Ms. Leman referred to a table of the parks listed on the City and County websites displayed on the Chamber monitors; and stated that many refurbished pathways in various parks are concrete and approximately eight feet wide; that the Fruitville Road Park and Payne Park have asphalt pathways; that the Payne Park pathways were in good repair and low and level; that replacement sections in Payne Park pathways were the full width of the pathway; that $250,000 was appropriated for enhancements to Arlington Park; that a concern is concrete versus asphalt; that concrete is unforgiving; that joggers drive to Arlington Park to jog on the asphalt surfaces. Ms. Eishel stated that the Commission is requested to completely replace the pathway system in Arlington Park; that the pathway system is 30 years old; that in some areas, the pathways are three layers resulting in the pathway being raised five inches above grade; that drop-offs near the pond are 18 to 24 inches from the pathways; that the pathways should be relocated or a barrier installed to prevent injuries; that Arlington Park pathways vary from three and one-half to eight feet wide and are in poor condition; that approximately 70 percent of the linear feet of Arlington Park requires attention; that at the January 20, 2004, Arlington Park Neighborhood Association meeting, Staff presented costs of $42,000 for patch repair versus over $90,000 for replacement; that spending money to patch and repair is only a temporary fix; that the current project began 11 1/2 months late; that CIP projects for the current fiscal year have been identified; that the option of repair now and replace later is more costly for taxpayers; that replacement now will cost less taxpayer moneyi that the Arlington Park Neighborhood Association recommends complete replacement of the pathways which would address current safety issues; that coordination of the Arlington Park project with the County could have provided additional funds; that the request on behalf of joggers, roller bladers, walkers, and all users of Arlington Park is the project be completed with quality for much needed enhancements and safety in the Arlington Park neighborhood. Commissioner Bilyeu stated that he and City Manager McNees visited Arlington Park; that the public safety issue is a concern; that the pathways should be made as safe as possible; that proceeding to request bids for complete asphalt replacement is supported; that Arlington Park is not only a neighborhood park but a destination park. Vice Mayor Martin asked if the available funds are sufficient to bring the pathway system into compliance with Americans with Disabilities Act (ADA) standards? Mr. Hallisey stated that the $95,000 to replace the existing pathway will not bring the pathway system into compliance with ADA standards. Vice Mayor Martin stated that replacement of the pathway system will require meeting ADA standards which will increase the price for replacement. Mr. Hallisey stated that patching and repairing would not trigger a requirement to comply with new standards or code enhancements; however, rebuilding the pathway system would require addressing any issues associated with current design standards. BOOK 56 Page 27508 04/05/04 2:30 P.M. BOOK 56 Page 27509 04/05/04 2:30 P.M. Vice Mayor Martin stated that the funds required for complete replacement are unknown. Mr. Hallisey stated that funds are sufficient to fund complete replacement; that additional costs for widening the pathways will be determined. Vice Mayor Martin stated that approximately $22,000 is allocated for improvements to the pathway system; that patching and repairs can be done immediately; that adding connecting paths to the streets can be postponed; and asked if the drop-off areas will be addressed? Mr. Mountain stated that the edges will be repaired; that the drop-offs will not be addressed; that $40,000 was allocated to overlay the existing pathways which is not recommended by Staff. Commissioner Servian stated that sections along the edges of the pathways have been designated by the contractor for replacement; and asked the reason an entire section will not be removed and replaced rather than only along the edges? Mr. Mountain stated that Staff has not discussed the procedure; that typically, a 90 degree section is removed one to three feet into the surface; that the goal is for the contractor to perform according to plans and specifications; that the contractor is required to patch; that Staff will not tolerate an improperly constructed patch. Commissioner Servian stated that subsequent to a meeting with representatives from the Arlington Park neighborhood, a request was to direct Risk Management to review the condition of the Arlington Park pathway system; and asked if Risk Management has visited Arlington Park? City Manager McNees stated that he personally visited Arlington Park; that significant risk management concerns exist; that repairs are required; that the question is whether the Commission recommends the patching currently under contract or improving the entire pathway system. Commissioner Servian stated that the significant drop-offs along the pond in addition to repairs of the pathways should be addressed; that people in wheelchairs or baby strollers are exposed to a dangerous situation; that a landscape barrier can be installed along the pond. City Manager McNees stated that the high areas on the pathway system should also be repaired. Mayor Palmer asked if funds allocated to pave entryways to Arlington Park could be utilized to correct the safety issues? Mr. Mountain stated yes. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to approve Option 2 to issue a change order to the existing contract for reconstruction of the entire pathway system immediately at a cost of $95,000. Vice Mayor Martin stated that Option 2 is not completely understood and raises a concern regarding economies; that the reason for reconstructing an entire pathway system immediately without design work for compliance with ADA standards is not understood; that Option 3 deals with the immediacy of the problem but also addresses the larger picture for the long term. Mr. Hallisey stated that Option 2 is to replace the existing pathway system at the current location and will resolve issues such as lowering the heights of the pathways and minor issues related to compliance with ADA requirements; that Option 3 addresses the size of the pathways and all design issues; however, the City has a resurfacing contract currently out to bid; that an addendum can be added to the contract to replace the pathway system which will bring economies of scale of the approximately $1 million worth of work in the contract out for bid; that resurfacing the Arlington Park pathway system could be leveraged into the resurfacing bid; that the City would be negotiating directly with the contractor who would be laying the same type of asphalt surface elsewhere; that the contract addendum would likely be successful, include a requirement the work must be performed within the first three months after award of bid, and would give the comfort level the best price has been received. Vice Mayor Martin stated that an addendum to the resurfacing contract will cause the resurfacing of the Arlington Park pathway system to happen sooner than the six month to a year timeline indicated by Staff in Option 3. Mr. Hallisey stated that is correct; that the timeline will be approximately three to four months. BOOK 56 Page 27510 04/05/04 2:30 P.M. BOOK 56 Page 27511 04/05/04 2:30 P.M. Commissioner Bilyeu stated that the Arlington Park project must be completed; that suggestions from Staff regarding the most economical manner to complete the project are welcome. Mayor Palmer stated Option 3 is preferred; that Staff's recommendation to replace the pathway system concurrently with the City's resurfacing program makes the most sense. Commissioner Bilyeu as the maker of the motion with the agreement of Vice Mayor Martin as seconder withdrew the motion. Commissioner Servian asked if Option 3 is to complete the current contract which includes extending the pathways to the streets? Mr. Hallisey stated that is correct. Commissioner Servian asked if Staff's recommendation is to patch the pathway with Staff's oversight and immediately issue an addendum to the street resurfacing bid sO the pathways could be completed within three to four months? Mr. Hallisey stated that is correct; that Option 3 is not the most economical for the Arlington Park project; that the recommendation is to not extend the pathways; that Staff can patch the pathway system to make the pathways safe for a few months; that the asphalt work can be deleted from the existing contract; that the recommended motion is to direct Staff to create a project to replace the Arlington Park pathway system consistent with ADA requirements and other contemporary design standards as part of the annual resurfacing project; that Staff will report back with the price to replace the Arlington Park pathway system. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to direct Staff to create a project to replace the Arlington Park pathway system consistent with the requirements of the Americans with Disabilities Act and other contemporary design standards as part of the annual resurfacing project and report back with the price to replace the Arlington Park pathway system. Mayor Palmer stated that the current contract regarding the reconstruction of the new pathways is not being extended; that the existing contract can continue and extending the pathways eliminated; that Staff is directed to move to a resurfacing project to meet all required standards and report back in three or four months with a new project which would meet all required standards. Commissioner Servian stated that Staff will patch the pathways for safety. Vice Mayor Martin asked if mileage markers can be installed on the Arlington Park pathways? Mr. Mountain stated yes; that a mileage marker on the pathways indicates .7 miles; that the mileage marker is incorrect. Mr. Hallisey stated that a special appropriation will be required for the completion of the Arlington Park project. Mayor Palmer stated that the appropriation will be for funds designated for the resurfacing program. Mr. Hallisey stated that the appropriation cannot come from funds designated for the resurfacing program which is the Gas Tax Fund; that Gas Tax Funds must be used for improvements to public transportation. City Manager McNees stated that the appropriation will come from General Fund Reserves. Commissioner Bilyeu asked if funds from the $600,000 allocated for a park at the Bobby Jones Golf Complex can be utilized? Mayor Palmer stated that the Administration can determine the appropriate source of funding. Mayor Palmer called for a vote on the motion to direct Staff to create a project to replace the Arlington Park pathway system consistent with requirements of the Americans with Disabilities Act and other contemporary design standards as part of the annual resurfacing project and report back with the price to replace the Arlington Park pathway system. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 9. UNFINISHED BUSINESS: APPROVAL RE: SECOND READING OF PROPOSED ORDINANCE NO. 04-4530, AMENDING THE SARASOTA CITY PLAN (1998) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION NO. 03-PA-08 FILED BY SLED DOG ENTERPRISES, LLC; SAID SMALL SCALE BOOK 56 Page 27512 04/05/04 2:30 P.M. BOOK 56 Page 27513 04/05/04 2:30 P.M. DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A PARCEL OF PROPERTY FROM "SINGLE FAMILY- LOW DENSITY" TO "MULTIPLE FAMILY MODERATE DENSITY, : 1 SAID PROPERTY BEING APPROXIMATELY 1.08 ACRES IN SIZE AND LOCATED ON THE SOUTH SIDE OF SYLVAN DRIVE AND HAVING STREET ADDRESSES OF 1114, 1124 AND 1140 SYLVAN DRIVE ; STATING VARIOUS FINDINGS OF FACT CONCERNING THE ADOPTION OF THIS SMALL SCALE DEVELOPMENT AMENDMENT, : ETC. (TITLE ONLY) (APPLICATION NO. 03-PA-08, APPLICANT CITY OF SARASOTA) ADOPTED (AGENDA ITEM VI-2) CD 3:56 through 4:03 Mayor Palmer stated that the item concerns proposed Ordinance No. 04-4530 regarding the Sylvan Drive project; that the item was pulled as the Sylvan Drive project is not supported. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4530 by title only. On motion of Mayor Palmer who passed the gavel to Vice Mayor Martin, it was moved to deny the adoption of proposed Ordinance No. 04-4530. Motion died for lack of a second. Vice Mayor Martin returned the gavel to Mayor Palmer. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to adopt proposed Ordinance No. 04-4530 on second reading. Commissioner Bilyeu stated that the proposed land use conforms with the existing neighboring land use; that proposed Ordinance No. 04-4530 is supported. Mayor Palmer stated that the proposed use is an infringement into the existing neighborhood. and may set a precedent which is a concern; that setting a precedent allowing commercial and higher density residential use incursion is a concern. Commissioner Servian stated that a residential development in a residential neighborhood is not intrusive; that a few .town homes at the entrance of a neighborhood adjacent to a commercial development is not precedent setting or an intrusion; that every amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, is considered on a parcel-by- parcel basis; that the decision is made on the particular parcels and a compatible change for the neighborhood. Vice Mayor Martin stated that compatibility issues regarding single-family neighborhoods are carefully weighed; that setting a precedent is a concern; that the concept of like use facing like use is understood; that the maximum allowable height of the proposed project is the same as allowed in the neighborhood; that representatives from the neighborhoods have voiced concerns well; that on balance, the proposed project is considered a benefit for the neighborhood; that the City is entering into the Evaluation and Appraisal Report process; that the Evaluation and Appraisal Report process is important; that neighborhood residents and activists should be involved in the process; that preserving neighborhoods and addressing compatibility issues, particularly concerning the proposed project being discussed at this time, are important. Vice Mayor Martin called for a vote on the motion to adopt proposed Ordinance No. 04-4530 on second reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Bilyeu, yes; Martin, yes; Palmer, no; Servian, yes; Atkins, yes. 10. NEW BUSINESS: RESCISSION RE: MOTION ADOPTED ON MARCH 15, 2004, TO DENY APPROVAL OF THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE BROTHERS OF HOLY CROSS, INC. - RESCINDED; APPROVED THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE BROTHERS OF HOLY CROSS, INC. WITH THE PROVISIONS A BUILDING PERMIT MUST BE ISSUED WITHIN SIX MONTHS AFTER THE CLOSING ON THE SALE OF THE PROPERTY AND THE CERTIFICATE OF OCCUPANCY MUST BE ISSUED WITHIN ONE YEAR OF THE ISSUANCE OF THE BUILDING PERMIT (AGENDA ITEM VII-1) CD 4:03 through 4:16 Mayor Palmer stated that at the March 15, 2004, Regular Commission meeting, the Commission denied approval of the Purchase and Sale Agreement between the City and the Brothers of Holy Cross, Inc.; that the item was a contract for purchase and sale between the City of Sarasota and the Brothers of Holy Cross, Inc.; that the Commission denied approval as a request was received to extend the time to build the project to three years; that the City desires affordable housing in Howard Court; that the Commission determined the time should not be extended as the original contract was to build within one year of the date of the closing on the Purchase and Sale Agreement with a BOOK 56 Page 27514 04/05/04 2:30 P.M. BOOK 56 Page 27515 04/05/04 2:30 P.M. reverter clause if building did not occur within one year; that a letter dated March 18, 2004, from Attorney John Cook, John F. Cook, P.A., to the Commission and the City Manager indicated the Brothers of Holy Cross, Inc., (Brothers of Holy Cross) desired to withdraw the request for additional time and comply with the original contract. John Cook, 2033 Wood Street, Suite 220 (34237), representing Brothers of Holy Cross, Inc., came before the Commission and stated that he has been given the authority to represent to the Commission the Brothers of Holy Cross will execute a contract providing for a one-year period in which to initiate the plans for development of the property and agree to the reverter provision. Mayor Palmer stated that the request is consistent with the original Purchase and Sale Agreement. On motion of Mayor Palmer who passed the gavel to Vice Mayor and second of Commissioner Servian, it was moved to rescind the motion at the March 15, 2004, Regular Commission meeting to deny approval of the Purchase and Sale Agreement between the City of Sarasota and the Brothers of Holy Cross, Inc. Mayor Palmer stated that the Brothers of Holy Cross are indicating agreement with the original contract stipulations; therefore, continuing the relationship between the Brothers of Holy Cross and building the affordable housing units as soon as possible are encouraged. Commissioner Servian stated that the goal is to build affordable housing on the properties as soon as possible; that complying with the original agreement is pleasing. Vice Mayor Martin called for a vote on the motion to rescind the motion at the March 15, 2004, Regular Commission meeting to deny approval of the Purchase and Sale Agreement between the City of Sarasota and the Brothers of Holy Cross, Inc. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Servian, yesi Palmer, yes; Martin, yes. On motion of Mayor Palmer, it was moved to approve the Purchase and Sale Agreement between the City of Sarasota and the Brothers of Holy Cross, Inc. in the original form approved by Staff and agreed to by the Brothers of Holy Cross, Inc. City Attorney Taylor stated that additional legal clarification should be provided. Vice Mayor Martin stated that the motion will be held for legal clarification. Michael Connolly, Attorney, City Attorney's Office, came before the Commission and stated that the contract before the Commission is not consistent with the current Commission discussion; that the contract must be re-drafted. Mayor Palmer stated that the only changes from the original contract are the year of completion and the addition of a reverter. Attorney Connolly stated that the intent is to ensure the Commission directs a new contract be prepared in lieu of approving the contract in the Agenda backup material, which does not include the newly proposed changes. City Attorney Taylor stated that clarification concerning the use of the property should be provided. Attorney Connolly stated that he is not aware the property is for affordable housing; that the understanding is the housing would be for retired members of the Brothers of Holy Cross. Mayor Palmer stated that the proposed project will provide affordable housing for the Brothers of Holy Cross. Vice Mayor Martin asked if the motion should be clarified? Attorney Connolly stated that the intent of the motion is understood. Vice Mayor Martin requested that Mayor Palmer restate the motion. Mayor Palmer restated the motion as to approve the Purchase and Sale Agreement between the City of Sarasota and the Brothers of Holy Cross, Inc., in the original form with the stipulation the project would be completed within one year from the sale of the property as housing for the Brothers of Holy Cross and if not, a reverter clause will return the property to the City. BOOK 56 Page 27516 04/05/04 2:30 P.M. BOOK 56 Page 27517 04/05/04 2:30 P.M. Attorney Connolly stated that for clarification, the Commission is stipulating a Certificate of Occupancy must be issued within one year of closing. Mayor Palmer stated that the original Purchase and Sale Agreement indicates the project must be completed within one year of the date of the sale. Attorney Cook stated that the understanding is the original Purchase and Sale Agreement addressed filing applications for building permits within one year and moving forward with the construction based on the building permits. Attorney Connolly stated that the Purchase and Sale Agreement requires a building permit within three years of closing and a Certificate of Occupancy within one year thereafter; that the Commission is indicating the Purchase and Sale Agreement will require a Certificate of Occupancy within one year of closing. Vice Mayor Martin asked for clarification of the bid language. Nancy Carolan, Director of General Services, came before the Commission and quoted the bid form which was originally submitted by the Brothers of Holy Cross, Inc., for the Howard Court properties as follows: Bidder is submitting a bid to acquire both lots for the combined price stated above of $60,305. Bidder does not desire to acquire one lot without the other. Anticipated closing date: as soon as title work can be completed. Timeframe to build: within one year from closing. Intended use of property: residential structures. Attorney Cook stated that the duration of the construction period is not known; that indicating construction would commence within one year is consistent with the bid response and would alleviate the possibility of reversion before the issuance of a Certificate of Occupancy subsequent to the building of a structure at the expense of the Brothers of Holy Cross. Attorney Connolly stated that an objective not subjective agreement is required; that the practice is to prepare contracts with reverter clauses defining the term "complete construction" at the time the Certificate of Occupancy is issued; that unspecified terminology could result in litigation; that the preference is to be as specific as possible; that a date certain should exist regarding the Certificate of Occupancy. City Manager McNees stated that the concern of the Brothers of Holy Cross is understood; that two thresholds can be an application for a building permit within a certain period of time and a Certificate of Occupancy within a certain period of time; that the concern is understood regarding the possibility the proposed project is almost completed but a Certificate of Occupancy has not been received sO the property would revert to the City; that reasonable times should be provided for obtaining a building permit and Certificate of Occupancy. Commissioner Servian asked a reasonable timeframe to obtain a building permit? Attorney Cook stated that significant time may be required to complete the design and engineering work and discussions with Staff regarding setbacks; that the lots are small which is a significant restraint on construction; that the anticipation is a building permit will be obtained, and if required by the Commission, construction commenced within the one year period; that the construction may require approximately six months. Commissioner Servian asked the time Brothers of Holy Cross will apply for a building permit? Mr. Cook stated that the anticipation is application will be made for a building permit within three months; however, one month may be required for discussing the project with Staff. Commissioner Servian stated that a specific time must be specified for application for a building permit. Attorney Connolly agreed and stated that specificity is required to prepare a new contract. Vice Mayor Martin stated that the motion was not seconded and asked if, having received clarification, the maker wished to restate the motion? Mayor Palmer restated and Commissioner Servian seconded the motion as to approve the Purchase and Sale Agreement between the City of Sarasota and the Brothers of Holy Cross, Inc. with the provisions a building permit must be issued within six months after the closing on the sale of the property and the Certificate of Occupancy must be issued within one year of the issuance of the BOOK 56 Page 27518 04/05/04 2:30 P.M. BOOK 56 Page 27519 04/05/04 2:30 P.M. building permit. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yesi Palmer, yes. 11. NEW BUSINESS : RESCISSION RE: : MOTION ADOPTED ON MARCH 11, 2004 TO DENY PROPOSED RESOLUTION NO. 04R-1707, REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN (1998) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF AN APPROXIMATELY 7.81 ACRE PARCEL OF PROPERTY LOCATED ON THE WEST SIDE OF THE NORTH TAMIAMI TRAIL AND ON THE SOUTH SHORE OF WHITAKER BAYOU AND HAVING STREET ADDRESSES OF 1701, 1715 AND 1889 NORTH TAMIAMI TRAIL FROM THE "COMMUNITY COMMERCIAL" FUTURE LAND USE CLASSIFICATION TO THE "MULTIPLE FAMILY-MEDIUM DENSITY" FUTURE LAND USE CLASSIFICATION MOTION TO RESCIND FAILED (AGENDA ITEM VII-3) CD 4:16 through 4:35 Mayor Palmer stated that at the March 11, 2004, Special Commission meeting, a motion was adopted to deny Resolution No. 04R-1707, amending the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the process is the individual who placed the item on the Agenda has the option to speak to the item; that subsequent to completion of comments, a motion can be made with a second after which the item is open to discussion by the remainder of the Commissioners; that the item was placed on the Agenda by Commissioner Bilyeu. Commissioner Bilyeu stated that Charles Githler III, one of the owners of the Whitaker Bayou property, requested the item to rescind the March 11, 2004 motion to deny proposed Resolution No. 04R-1707 be placed on the Agenda; that the belief is everyone has the right to due processi that the property is currently in the Commercial Intensive (CI) Zone District; that denial of proposed Resolution No. 04R-1701 resulted in the property retaining an intensive use; that residents of the adjacent neighborhood support a residential use; that the residents were concerned with the height of the proposed project; that another properly noticed public hearing will provide time for Mr. Githler and his staff to meet with the neighbors and create a suitable plan. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to rescind the motion approved at the March 11, 2004, Special Commission meeting to deny proposed Resolution No. 04R-1707 to amend the City's Comprehensive Plan to change the property from the Community Commercial to the Multiple Family-Medium Density Future Land Use Classification. Commissioner Bilyeu stated that the property could remain Commercial Residential District (CRD) Zone District; that rescission of the denial of proposed Resolution No. 04R-1701 will provide an opportunity for another public hearing at the May 15, 2004, Regular Commission meeting to allow the developer an opportunity to speak with the neighborhood residents and to create a suitable plan; that the desire is the proposed project moves forward. Commissioner Atkins stated that the window of opportunity for a residential project to happen was made clear by the Commission to the presenters for and against the proposal; that the height of the buildings in the proposed project was the concern; therefore, adjustment of the height may resolve some issues; that the Whitaker Bayou area would benefit from the proposed project; that US 41 would benefit aesthetically from the proposed project; that the developer and the community should be given an opportunity to reconsider. Commissioner Servian referred to a letter dated March 26, 2004, to the Commission from Jeffrey Russell, Attorney, law firm of Abel, Band, Russell, Collier, Pitchford and Gordon, Chartered, indicating the developer's concession regarding height; that adjusting the height from 120 to 95 is not significant; that the proposed development is adjacent to a neighborhood of single- family residences which can be redeveloped at a maximum of 35 feet; that for example, a contemplated condominium project near Burns Court is compatible with the adjacent neighborhood; that the opportunity exists to develop the Whitaker Bayou property compatibly with the adjacent neighborhood; that a conversation with an owner of the Whitaker Bayou property and several neighbors occurred; that the hope was the proposed project would be developed below the tree canopyi that the developer will not likely propose developing below the tree canopy; that a residential use is more compatible than a development in accordance with the Commercial Intensive (CI) Zone District; that the tone of Attorney Russell's letter seems to indicate a threat by the owners of the existing boatyard which is a concern; that the threat a heavy commercial use of the property will continue if the proposed project is refused is disturbing; that a sign on US 41 advertising boat storage and trailer storage is a distasteful tactic; that the motion is not supported. BOOK 56 Page 27520 04/05/04 2:30 P.M. BOOK 56 Page 27521 04/05/04 2:30 P.M. Vice Mayor Martin stated that government by rescission is personally disturbing; that possible rescissions involving amendments to the City's Comprehensive Plan are of particular concern; that the Commission opens a public hearing, allows as much time as necessary for members of the community to speak, deliberates the issue, and takes a vote; that afterwards, no further action should be considered; that more time can be allowed if necessary for the Commissioners to consider the decision; that a credibility issue is created for the Commission if people do know a decision is final after a vote and know the decision can change; that the possibility of rescission should receive careful consideration. Vice Mayor Martin continued that the quandary is planning is done at the level of amendments to the City's Comprehensive Plan while the possibility of rezoning is considered later; that the quandary was presented with proposed Resolution No. 04R-1707 concerning the proposed project; that a change to the Future Land Use was being considered in proposed Resolution No. 04R- 1707; however, the possibility of rezoning was also being considered based on the manner in which the proposed project was presented; that the Commission was requested to consider the Residential Multiple Family 5 (RMF-5) Zone District as part of the proposal for the proposed project, which confused and, in fact, may have defeated the amendment to the City's Comprehensive Plan; that more sensitivity to the dilemma would have been provided if the developer had made a proposal making support of the rescission easier; that an example would have been for the developer to waive the possibility of seeking the RMF-5 Zone District in the future; that instead, the developer seems to have made the assumption the RMF-4 Zone District would be acceptable; however, the RMF-4 Zone District is not acceptable; that significant questions are raised, including which implementing Zone Districts should be allowed for the Multiple Family (Medium Density) Future Land Use Classification; that the significant questions should be evaluated through the process for the Evaluation and Appraisal Report; that for the reasons indicated, the motion is not supported. Mayor Palmer agreed with Vice Mayor Martin and Commissioner Servian; and stated that the processes for adopting amendments to the City's Comprehensive Plan and for approving rezonings are different but are often perceived as a single process; that the possible maximum use, height, density, and intensity should be considered in approving amendments to the City's Comprehensive Plan; that a property which has been granted a change in the Future Land Use Classification could be sold in the future; that another implementing zone district could be requested; that zoning proffers cannot be tied to changes in the Future Land Use Classification; that a suggestion was to tie the zoning proffer to future purchasers, which is essentially contract zoning; that contract zoning is illegal; that developers requesting amendments to the City's Comprehensive Plan are respected for providing the public an idea of development plans; that for example, the developers of the Broadway Bar property provided an idea as to the development plans, which were generally supported by the community; that more unity between a neighborhood and developer is required if significant changes to an area are anticipated, particularly if objections exist; that all objections cannot be solved; however, more of a unified view would make consideration of difficult projects easier. Mayor Palmer continued that the public indicated residential use would be wonderful on the property under consideration; however, the development should not extend above the tree line; that the developer's recent indication does not reduce the height of the planned development below the tree line; that the issue of rescission is problematic; that the rescission just considered under Agenda Item VII-1 which concerned the Brothers of Holy Cross and involved a contract is different than the rescission concerning the proposed project which concerns a Future Land Use Classification; that the process of the Evaluation and Appraisal Report is the manner by which to change Future Land Use Classifications in the City's Comprehensive Plan; that impediments may be encountered in processing future amendments to the City's Comprehensive Plan; that others may try to utilize approved amendments to the City's Comprehensive Plan as a basis for future similar changes, which may be appropriate; however, the process of the Evaluation and Appraisal Report is the manner by which to consider changes to Future Land Use Classifications rather than on the basis of requests for individual parcels of property; that the Commission's integrity is being challenged with the requests for rescissions; that a public hearing was held; that everyone had an opportunity to speak; that rescissions are not appropriate for the Commission's work; that decisions should be final unless a significant reason for rescission exists. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to extend the afternoon session of the meeting to complete the Agenda. Motion carried unanimously BOOK 56 Page 27522 04/05/04 2:30 P.M. BOOK 56 Page 27523 04/05/04 2:30 P.M. (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Commissioner Bilyeu stated that he is not in favor of rescissions; that an appeal process exists for everyone; that rescission is an opportunity for the parties to communicate; that Mr. Githler has offered to cooperate; that developers buy property as an investment; that all homeowners are also investors. Mayor Palmer stated that Commissioner Bilyeu's request is respected; that no one questions requesting a rescission is legal; that land acquires - a different status upon approval of an amendment to the City's Comprehensive Plan; that a range of uses are allowed; that the City's Comprehensive Plan allows land uses resulting in difficulty denying an application which meets the basic requirements of the Zoning Code (2002 Ed.); that a difference exists among site plans, rezonings, and the City's Comprehensive Plan; that a concern is the perception a rezoning and an amendment to the City's Comprehensive Plan are one and the same which is not a correct perception. Mayor Palmer called for a vote on the motion to rescind the motion approved at the March 11, 2004, Special Commission meeting to deny proposed Resolution No. 04R-1707 requesting an amendment of the City's Comprehensive Plan to change the property at 1701, 1715, and 1889 North Tamiami Trail from the Community Commercial to the Multiple Family-Medium Density Future Land Use Classification. Motion failed (3 to 2): Atkins, yes; Bilyeu, yes; Martin, no; Servian, no; Palmer, no. 12. NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SAUNDERS FAMILY LIMITED PARTNERSHIP FOR ORANGE AVENUE PARKING LOT JUST NORTH OF LAUREL STREET = APPROVED (AGENDA ITEM VII-4) CD 4:35 through 4:50 Mayor Palmer stated that the request is to authorize the Mayor and City Auditor and Clerk to execute a Lease Agreement between the City of Sarasota and Saunders Family Limited Partnership for the Orange Avenue parking lot just north of Laurel Street; and requested that Staff come forward for the presentation. Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Davis-Shaw, Deputy Director of Enginering/Deputy City Engineer, came before the Commission. Mr. Daughters stated that the Administration has completed negotiations with Michael Saunders and Company to lease the parking lot on Orange Avenue just north of Laurel Street. Mr. Daughters referred to a map displayed on the Chamber monitors indicating the location of the property on the Chamber monitors; and stated that the lease is for two years with two one-year options for renewal; that the renewal may be denied with three-month written notice; that the parking lot has 63 parking spaces currently; that the parking lot will have 73 parking spaces after approximately $70,000 in improvements; that the lease fee is $2,400 per month; that an initial deposit and last month deposit is required; that the property will be used for vehicular parking only, 24 hours per day, 7 days per week; that the City would be responsible for all maintenance of the property; that a portion of the parking lot would be metered and the remainder would be monthly permit parking. Mr. Daughters continued that Staff's recommendation is to: 1. Approve the lease with the above conditions; 2. Authorize the City Attorney's Office to prepare the lease; and 3. Authorize the Mayor to execute the document. Vice Mayor Martin asked the manner in which the amount of the lease was determined? Mr. Daughters stated that the fee was negotiated; that a comparison was made of similar monthly leases compared with offers already made for leasing in the area; that the possibility of not leasing all 60 to 70 spaces was considered. Vice Mayor Martin asked if a comparative analysis was made of City lease fees for parking spaces in other areas? Mr. Daughters stated that the amount being paid for City monthly permits was taken into consideration; that the amount is $40 per month times 60 spaces or $2,400, assuming only 60 spaces are leased out. BOOK 56 Page 27524 04/05/04 2:30 P.M. BOOK 56 Page 27525 04/05/04 2:30 P.M. Vice Mayor Martin asked if the revenue from the property will offset expenses associated with the lease? Mr. Daughters stated that the parking permits and meters would more than offset the cost of the lease if all the spaces are leased; that the expenses will not be offset if little usage occurs. Vice Mayor Martin stated that a significant demand exists from employees of businesses and for permits in general due to the construction; that a significant marketing campaign should be conducted sO citizens are aware of the new permits available. Mr. Daughters stated that the anticipation is the revenues of the parking lot will offset expenses of the lease. Vice Mayor Martin asked the reason $70,000 will be spent to gain an additional 10 parking spaces? Mr. Daughters stated that a portion of the $70,000 is for improvements necessary to attract good use of the property; that resurfacing and re-striping the spaces are necessary to make the parking lot more desirable; that the cost would be approximately $2.50 per parking space per day which is a reasonable value. Vice Mayor Martin stated that $70,000 could be considered a capital improvement which would be depreciated over the life of the two-year period; that significant life of the capital improvements should still remain aiter two years; and asked if negotiations were made for a rebate for the life remaining beyond the two years? Mr. Daughters stated that the initial offer was for a one-year lease with three one-year options; that the one-year lease was deemed not feasible; that a two-year lease with two one-year options was negotiated; that the developer intends to eventually develop the property along with the adjacent property to the north; that the plan is for the City to continue leasing the property until the property is developed sometime within the four-year period. Mayor Palmer stated that the parking will be available to replace the parking at the Orange Avenue lot upon completion of the Whole Foods Market Centre. Commissioner Atkins stated that the Sarasota Downtown Farmers Market could use the property as overflow parking on the weekends. Commissioner Servian stated that a marketing campaign with notices to the Downtown Partnership of Sarasota and to the Main Street Merchants Association should be conducted; that the most significant concern for the Main Street Merchants Association is parking spaces; that the parking lot should be fully occupied if the City is proactive. Commissioner Bilyeu asked if the parking permits allow use on Saturday? Mr. Daughters stated that the parking permits are for Monday through Friday use; that the Sarasota Downtown Farmers Market currently uses and will continue to use the parking spaces; that monthly parking permits would not interfere with the parking requirements of the Sarasota Downtown Farmers Market. City Manager McNees stated that the parking permits should have an evening parking limit of 6:00 or 7:00 p.m.i that the parking lot on Orange Avenue is one of the only parking options available to provide immediate relief in the area of Downtown; that the Burns Court Cinema and other businesses in the Burns Square area which is bounded by Pineapple and Orange Avenues, also need parking; that Burns Cinema would not receive any benefit from the parking lot unless the parking permits end at approximately 6:00 p.m. Mayor Palmer stated that the residents, customers, and employees of Downtown deserve a place to park; that the opportunity to park and ride is available with the addition of the trolley if approved under Agenda Item VII-5; that the hours of the trolley will be consistent with the limits in the parking lot; that the lease of the parking lot provides an immediate remedy to some Downtown parking issues. Vice Mayor Martin stated that the lease is supported; that an understanding of the total costs was necessary; and asked if the $70,000 includes parking meters? Mr. Daughters stated that the City already has acquired the parking meters. Vice Mayor Martin asked if the $70,000 includes the installation of the parking meters? Mr. Daughters stated yes. BOOK 56 Page 27526 04/05/04 2:30 P.M. BOOK 56 Page 27527 04/05/04 2:30 P.M. Vice Mayor Martin asked if enforcement and maintenance have been considered? Mr. Daughters stated that a meeting was held with the Parking Enforcement Division to develop a plan to utilize the parking meters and permits; that the ratio of permits to meters has not been determined and depends partly on the number of parking meters available. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the lease agreement between the City of Sarasota and the Saunders Family Limited Partnership for the Orange Avenue parking lot just north of Laurel Street with the indicated conditions, authorize the City Attorney's Office to prepare the lease agreement, and authorize the Mayor and City Auditor and Clerk to execute the lease agreement. Commissioner Atkins asked if the motion includes the Administration's suggestions relating to parking times? City Manager McNees stated that approval to lease the parking lot is necessary initially; that a usage plan with the capital improvements will be brought back before the Commission. Mayor Palmer asked if the parking lot will be ready for use by April 8, 2004, when the trolley service begins operation? Ms. Davis-Shaw stated that weekly meetings have been held with merchants and business owners in the Downtown areas affected by construction projects; that the initial plan was to make the improvements to the parking lot immediately; however, the City was asked to delay repairs until the end of the peak tourist season; that the parking spaces are currently usable; that the construction improvement project would take three to four weeks to complete. Mayor Palmer asked if the contractual obligation would allow the City to proceed to use the parking lot when the trolley service begins? Ms. Davis-Shaw stated that the trolley service may have to shift a day or two before beginning operation. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 13. NEW BUSINESS: APPROVAL RE: IMPLEMENTATION OF THE TROLLEY FOR MAIN STREET ON A MONTHLY BASIS FOR UP TO SIX (6) MONTHS AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH TROLLEY SYSTEMS OF AMERICA, INC., NOT TO EXCEED $3,438.75 PER WEEK - APPROVED (AGENDA ITEM VII-5) CD 4:50 through 5:07 Mayor Palmer stated that the request is to approve implementation of a trolley for Main Street on a monthy basis for up to six months and authorize the Administration to negotiate a contract with Trolley Systems of America, Inc., not to exceed $3,438.75 per week; and requested that Staff come forward for the presentation. Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Davis-Shaw, Deputy Director of Engineering/City Engineer, came before the Commission. Ms. Davis-Shaw stated that discussions were held with the Downtown Partnership of Sarasota (Downtown Partnership) and the Main Street Merchants Association regarding the construction Downtown with the main concerns being circulation and parking; that a trolley or shuttle to increase circulation with additional parking spaces was requested by the merchants; that a program was developed for Downtown employees and customers; that a parking study was conducted to determine the time employees of Downtown businesses arrive at work; that hours of operation between 7:30 a.m. to 7:00 p.m. Monday through Friday were acceptable to the merchants and employees; that the trolley is proposed to run from 9:00 a.m. to 5:00 p.m. on Saturdays to assist the Sarasota Downtown Sarasota Downtown Farmers Market and the businesses on Main Street. Ms. Davis-Shaw referred to the proposed trolley route displayed on the Chamber monitors; and stated that the proposed route of the trolley would utilize the parking lot which will be leased from Michael Saunders and Company; that the trolley will begin at Orange Avenue, proceed along Main Street west to Bayfront Park, turn around and follow the same path back; that the route is approximately 10 minutes by automobile; that the estimated time with stops is 15 to 17 minutes; that the route will remain short sO headways will be kept at a minimum. BOOK 56 Page 27528 04/05/04 2:30 P.M. BOOK 56 Page 27529 04/05/04 2:30 P.M. Commissioner Servian asked if discussions were held with the affected businesses regarding the employees currently parking on Main Street? Ms. Davis-Shaw stated that some discussions with business owners regarding employees parking on Main Street were held; that one suggestion was for employees to place stickers on their vehicles; however, the question was if the employees would actually utilize the stickers; that the business owners felt the employee parking matter should not be handled by the City. Commissioner Servian stated that several meetings of the Main Street Merchants Association and the Downtown Partnership have been attended; that the problem is ongoing; that business owners sometimes hand keys to employees to move the business owners' vehicle; that the hope is to discourage employees from parking in the spaces for patrons on Main Street and encourage use of the trolley; that the trolley could be of significant assistance in alleviating the parking problems. Commissioner Bilyeu stated that the trolley route is limited; that stops at other parking lots should be included on the route; and asked the reason the trolley service begins at 7:30 a.m.? Ms. Davis-Shaw stated that the trolley begins at 7:30 a.m. for employees who begin work at 8:00 a.m.; that meetings have been held mostly with business owners on the south side of Fruitville Road to Main Street and around the Pineapple Avenue construction area. Commissioner Bilyeu stated that the concern is the trolley will only go by one parking lot with 73 spaces; that the trolley is supported; however, the people require additional spaces to park for work. City Manager McNees stated that the purpose of the trolley should be clarified; that the trolley is not an effort to provide mass transit Downtown; that the trolley is an effort to provide immediate and direct assistance to the business owners affected by Downtown construction; that access to the parking can be provided immediately to assist the businesses; that as the tourist season ends and the plan progresses over the summer, other available parking areas can be identified; that the reason the project is being considered on a monthly basis is to allow for modification. Commissioner Bilyeu stated that the route should be extended to get a better value for the moneyi and asked for clarification of the benefit of the plan to a reasonable number of people. City Manager McNees stated that funding for the program is proposed from the Tax Increment Financing (TIE) fund; that $1 million per year is set aside to pay debt service on parking which has not yet been developed; that the City has allocated funding towards the parking spaces at the Whole Foods Market Centre; that the remainder of the $1 million set aside for fiscal year (FY) 2003/04 will not be used as no debt service exists; that the proposal is to use the TIF funds set aside for parking to assist the City with the Downtown parking issues created by construction. Commissioner Bilyeu stated that the suggestion was made personally six months ago to fund a trolley with the funds remaining from the previous trolleyi that the understanding was establishing a trolley system would be raised during the FY 2004/05 budget; that TIF funds are tax dollars being spent; that the dollars could be better spent. City Manager McNees stated that the service being offered is park and ride as opposed to trolley service. Commissioner Servian stated that the trolley is not just servicing the 73 parking spaces; that a citizen could park at City Hall on Saturday morning and take the trolley to the Sarasota Downtown Farmers Market; that people parking on Gulf Stream Avenue can ride the trolley to the businesses on Orange Avenue in July during hot weather. Ms. Davis-Shaw stated that the trolley will stop on each block. Commissioner Servian stated that the trolley will be used in the broadest sense for transit as people coming Downtown for an event who park at Marina Jack can ride the trolley and come further into Downtown. Mayor Palmer stated that $70,000 was already set aside for the trolley and is included in the TIF funds for FY 2003/04. Ms. Davis-Shaw stated that the trolley will be used as a park and ride for businesses but will also be available for customers; that parking at Payne Park was considered; that the Payne Park route would take 20 minutes without any stops and would take 30 to 35 minutes with stops; that the trolley could not be utilized during BOOK 56 Page 27530 04/05/04 2:30 P.M. BOOK 56 Page 27531 04/05/04 2:30 P.M. lunch or other times; that keeping the headways down with one trolley was difficult; that the most significant concerns should be addressed quickly with the implementation of the plan; that immediate relief to the Downtown parking problem is necessary. Vice Mayor Martin asked if the trolley will be free to riders? Ms. Davis-Shaw stated yes; that the trolley stops will be at each block on Main Street at mid block. Vice Mayor Martin stated that the route to Marina Jack and the Bayfront would seem the least potentially used as compared to the intensity of Main Street. Ms. Davis-Shaw stated that parking may be utilized around Marina Jack for people who only park for a couple of hours to shop or eat lunch as the peak tourist season dies down. Vice Mayor Martin asked if a person would see the trolley arriving approximately every seven minutes? Ms. Davis-Shaw stated yes. Mr. Daughters stated that the plan is in the initial stages and is very flexible; that adjustments can be made as necessary; that the goal is to make the trolley service the most efficient, effective program possible. Mayor Palmer stated that the service will be tailored to the needs of the citizens and can be evaluated as the service continues. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to approve the implementation of the trolley for Main Street on a monthly basis for up to six months and authorize the City Manager to negotiate a contract with Trolley Systems of America, Inc., for an amount not to exceed $3,438.75 per week. Commissioner Servian stated that appreciation is expressed to Staff for the initiative and for working with the Downtown businesses; that the businesses have been desperate for assistance. Commissioner Bilyeu stated that the trolley system is supported for the reasons stated by Commissioner Servian; that the trolley service will be a good start. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 14. CITIZENS' INPUT (AGENDA ITEM VIII) CD 5:07 There was no one signed up to speak. 15. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 5:07 through 5:14 MAYOR PALMER: A. stated that a March 22, 2004, meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was attended during which water taxis were discussed; that Commissioners Bilyeu and Servian also attended; that Karin Murphy, Redevelopment Specialist, Planning and Redevelopment Department, did an extraordinary job explaining the intent of the water taxi; that the issues discussed included dedicated slip locations, public/private partnerships, a consolidated Transit Authority by Counties, obtaining Federal funds for water taxi demonstration programs, Federal transportation legislation with funding possibilities, and Florida Department of Transportation (FDOT) matching funds which could be available only for a limited time; that efficiency of service, structure, the headways, the points of service, and commuter service should be reliable and convenient; that commuter versus tourism service was discussed; that tourism service is more flexible than commuter service; that various other issues were discussed; that the meeting was successful; that representatives from the MPO and FDOT were present; that representatives from many jurisdictions including Cities of North Port and Palmetto, Florida, were present; that the possibility of integrating the service in the Counties and implementing the service to the Cities of St. Petersburg and Tampa, Florida, was discussed; that significant support exists for a feasibility study; that the information will be brought back to the next MPO meeting; that the attendance of the Commissioners at the meeting is appreciated; that the efforts of Ms. Murphy are also appreciated; that the City is far ahead of any other jurisdiction in terms of the progress regarding a water taxi; that the City has BOOK 56 Page 27532 04/05/04 2:30 P.M. BOOK 56 Page 27533 04/05/04 2:30 P.M. adopted an ordinance, established provisions for water taxis, included water taxis in the Parks + Connectivity Master Plan, and has identified sites for water taxi stops; that the issues currently are funding and the relationship between ground and water transportation. Commissioner Servian stated that several representatives present at the meeting indicated amazement at how advanced the City was compared with other jurisdictions; that the City should be proud of Staff; that Ms. Murphy is commended for the effort put forth. B. stated that City and County Staff and Commissioners participated in discussions regarding the renovation of the Ed Smith Stadium and the collaboration with the State to receive funding; that discussions were held with a number of State legislators in Tallahassee, Florida, last week regarding State funding of sports complexes. COMMISSIONER ATKINS: A. stated that a recent Sarasota Housing Authority (SHA) meeting was attended; that the SHA anticipates receiving final word of the award of the Housing Opportunities for People Everywhere (HOPE) VI grant soon; that the HOPE VI grant is imminent; that the SHA has been working to solidify some property acquisitions; that the SHA is encouraged and appreciative of the City's efforts. VICE MAYOR MARTIN: A. stated that a baseball game was held at Ed Smith Stadium supporting Healthy Start and Nurturing Dad Programs; that the Cincinnati Reds and City Staff worked closely with both groups to assure a successful event; that the Executive Director of Healthy Start sang to open the game; that a Nurturing Dad threw out the first pitch; that the City Box Office was utilized for volunteers and famous graduates of the Nurturing Dad Program; that both programs are extraordinary efforts in the community; that Patrick Calhoun, Manager, Sports Facilities, worked diligently to reach groups which are not necessarily easy to reach. Mayor Palmer passed the gavel to Vice Mayor Martin, wished everyone a Happy Passover, and left the Chambers at 5:14 p.m. 16. REMARKS OF COMMISSIONERS ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA CONSENSUS TO: 1) SCHEDULE AN INFORMAL COMMISSION RETREAT AND 2) CONSIDER THE POSITIVE AND NEGATIVE CONSEQUENCES OF TEMPORARILY EXTENDING THE PARKING TIME LIMITS TO THREE HOURS DURING THE DOWNTOWN CONSTRUCTION (AGENDA ITEM X) CD 5:14 through 5:30 COMMISSIONER BILYEU: A. stated that the City has gone through considerable effort to adopt the Sarasota Downtown Master Plan 2020, which promotes new urbanism; that a City resident, Devin Rutkowski, is an advocate of new urbanism and is building a unique, quality project in the Laurel Park neighborhood called the Walpole Place, which takes into consideration the surrounding neighborhood; that such projects should be encouraged. B. stated that the Sarasota Board of County Commissioners allows dialog during citizens input; that citizens speaking to the City Commission regarding a hardship or concern do not receive a response; that sometimes dialog is important; that examples are two issues presented by speakers during Citizens' Input at the current meeting; that one issue involved a situation in which the City is the lessor; that one issue involved a situation in which the citizen has received a building permit from the City but could not build due to actions of a neighbor; that the Commission should be able to have a brief dialog or refer the issue to Staff with a report back at the following meeting. City Auditor and Clerk Robinson stated that the Commission's adopted Rules of Procedure permit the Commission to have a dialog but not with the presenter; that the Commission is allowed to refer the matter to the Administration. Commissioner Servian stated that the issue regarding the Pelican Man has already been referred to the Administration which could have been conveyed to the citizens to avoid the appearance of lack of concern or follow up by the Commission. BOOK 56 Page 27534 04/05/04 2:30 P.M. BOOK 56 Page 27535 04/05/04 2:30 P.M. Commissioner Bilyeu stated that the Commission would be better understood if a prior referral to the Administration could be relayed to the citizen. C. stated that lengthy public hearings at Commission meetings have been held recently; that some citizens indicate having been Sworn; however, some citizens are late; that the sign up sheets could have an indication the information elicited is under oath similar to the Countyi therefore, the City would be aware the people are already sworn; that the entire process could be expedited. COMMISSIONER SERVIAN: A. stated that the Commission previously discussed scheduling a retreat; that a directive was made to Staff to schedule a retreat which never came to fruition; that using a particular facilitator was discussed; that the Commission felt using the particular facilitator was not appropriate; that the Charter Officials were asked to follow up concerning the directive; that numerous issues have been identified which should be discussed at a retreat; that a retreat would be appropriate to bring forth some issues before the Commission; and asked if any action was taken regarding the directive? City Auditor and Clerk Robinson asked if the suggestion is to schedule a retreat as soon as possible? Commissioner Servian asked if the Commission reached a consensus to schedule a retreat? Vice Mayor Martin stated that the last discussion outlined by Mayor Palmer was to have a specific procedure or program for a retreat; that the question is if the format discussed previously is acceptable and if the issues can be addressed following the suggested procedure or program. Commissioner Servian stated that two different ideas are likely being discussed; that one idea is to have an opportunity for the Commission to have an informal retreat to discuss necessary items; that the necessity for a formal retreat with a facilitator is a different idea. City Auditor and Clerk Robinson stated that the Mayor attended a conference in Kansas City, Missouri, sponsored by the National League of Cities; that one session dealt with the relationship of the Commission and the Charter Officials; that Commissioner Servian appears to desire a less formal retreat similar to the retreat held a few years ago at the time the City Manager first arrived. Commissioner Servian stated that an informal opportunity to speak to each other would be supported as the opportunity has not been available previously to the current Commission. Vice Mayor Martin stated that such a retreat has never occurred during the tenure of the current Commission. Commissioner Servian stated that is correct; that the Commission has been seated for over a year. City Auditor and Clerk Robinson asked if the less formal retreat should be scheduled as soon as possible and a more formal retreat could be discussed at that time? Commissioner Servian stated that having an informal retreat would be helpful to formulate ideas for a more formal retreat. Vice Mayor Martin stated that hearing the Commission's agreement, an informal Commission retreat should be scheduled. B. stated that the issue of extending time before issuing parking tickets in the Downtown during construction should be considered; that traffic problems have been replaced with parking problems; that citizens are offended by receiving a $7 ticket for parking five minutes over the two hour limit; that extending the parking to three hours would be helpful with sO many streets closed; that the parking limit on St. Armands Circle is three hours; that extending the time limit to three hours for parking would be helpful. Vice Mayor Martin stated that considering an extension of the time limit is supported. Commissioner Servian stated that an extension to three hours would be limited to during the construction period; that people are receiving a disproportionate number of parking tickets as no other parking spaces are available since sO much of the Downtown is closed. BOOK 56 Page 27536 04/05/04 2:30 P.M. BOOK 56 Page 27537 04/05/04 2:30 P.M. Vice Mayor Martin stated that extending the parking time to three hours may exacerbate the parking problem; that consideration of the positive and negative aspects of extending the parking limits to three hours is supported. Commissioner Bilyeu stated that consideration of extending the parking limits is supported. Vice Mayor Martin stated that a consensus has been reached to consider the positive and negative consequences of temporarily extending the parking limits to three hours during the construction Downtown. Commissioner Atkins stated that the employers' parking in parking spaces intended for business patrons has exacerbated the parking problems for the employers' own businesses; that the advantage of the park and ride trolley will now be recognized and utilized. COMMISSIONER ATKINS: A. stated that the Easter parade will take place; that the community is pleased with the Easter parade route and is anxious for the Easter parade; that the Easter parade has been well-advertised; that the Front Porch Program did an excellent job of sending out cards introducing the parade; that the Easter parade will be a great production and will be better than ever. B. stated that two community meetings were held relating to the Fredd Atkins Park; that very few people have objected to any design presented which is encouraging; that people are waiting with great expectation for the expedient completion of construction. Vice Mayor Martin stated that a concern heard was representatives of Newtown did not actually have an opportunity to provide input to the design team who developed the plan. Commissioner Atkins stated that input was received for the third or fourth design phase; that the design has been modified at each stage; that the community was waiting for a compilation of all the other meetings to determine the people's expectations compared to the results. Vice Mayor Martin stated that the situation is probably not fully understood; that the project is key for the corner of the entire development; that having the project moving along well is pleasing. VICE MAYOR MARTIN: A. stated that the Coalition of City Neighborhood Associations (CCNA) held a meeting on Saturday, April 3, 2004, to which the Commission was invited; that the meeting was successful; that the forum is satisfactory; that the meeting was constructive and represented diverse perspectives; that hearing neighborhood concerns in such depth is a valuable experience; that the meeting was helpful and productive. Commissioner Atkins asked if a report or any type of notes could be expected from the CCNA meeting? Commissioner Bilyeu stated that a summary was made of information received - at the CCNA meeting and will be distributed to the other Commissioners. Commissioner Servian stated that Mayor Palmer asked anyone having read a prepared statement to forward the document to the Commission; that the major issues identified were listed at the meeting; that good notes were taken; that an electronic mail (email) could be sent to the Commissioners with the information which would be helpful. Commissioner Atkins stated that an email would be helpful. 17. ADJOURN (AGENDA ITEM XII) CD 5:30 There being no further business, Vice Mayor Martin adjourned the Regular meeting of the City Commission of April 5, 2004, at 5:30 p.m. LOU ANN R. PALMER, MAYOR ATTEST: Billy E Aobneon BILLYA E. ROBINSON, CITY AUDITOR AND CLERK BOOK 56 Page 27538 04/05/04 2:30 P.M.