BOOK 56 Page 27599 04/19/04 2:30 P.M. MINUTES OF THE REGULAR SARASOIA CITY COMMISSION MEETING OF APRIL 19, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Eredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 2:32 through 2:34 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add Consent Agenda No. 1, Item IV-A-8, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Purchase and Sale Agreement between the City of Sarasota and Nathan Coon, Jr. for the acquisition of property for the expansions of Fredd "Glossie" Atkins Park in the amount of $160,000 per the request of Housing and Community Development Director Donald Hadsell. Mayor Martin asked if the Commission has any objections to the Change to the Orders of the Day. On motion of Commissioner Palmer and second of Vice Mayor Servian it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Mayor Martin asked if any Commissloner wished to remove an item from Consent Agenda No. 1 or 2. Commissioner Palmer requested that Consent Agenda No. 2, Item No. IV-B-2, concerning Adoption Re: Proposed Resolution No. 04R-1745, appropriating $165, C 000 from the unappropriated fund balance of the Old Penny Sales Tax Fund (127) to fund additional expenditures for the Lemon Avenue Streetscape Project, and engineering expenses for changes made because of the Whole Foods Development and the SCAT Transfer Station; etc., be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. IV-B-2, will be considered under New Business as Agenda Item No. VII-1, which will be heard in the afternoon session. 2. CITIZENS' INPUT CONCERNING CITY TOPICS DIRECTED THE ADMINISTRATION TO RESEARCH AND PROVIDE CLARIFICATION REGARDING CONCERNS OF THE TERRACE GARDEN NEIGHBORHOOD ASSOCIATION (AGENDA ITEM I) CD 2:34 through 2:40 The following person came before the Commission: Charles Senf, 2346 Pelican Drive (34237), President, Terrace Gardens "a neighborly association" (TGNA), referred to numerous letters and electronic mail (email) regarding TGNA; and stated that a letter, dated April 12, 2004, was received from Kathlyn Vieira, Neighborhood Coordinator, Neighborhood Partnership Office, on April 15, 2004; that the letter indicates an interest has been expressed in resurrecting the neighborhood association; that the letter also indicates Terrace Garden was a formed neighborhood association but was disbanded not long ago; that sufficient interest now exists to reform the association; that the letter was surprising since the TGNA is already formed and operating; that the TGNA has elected officers and board members; that correspondence received from Michele Mician, Neighborhood Coordinator, Neighborhood Partnership Office, was forwarded to Ms. Vieira and to Mayor Martin via email to demonstrate the fact the TGNA has been struggling to remain intact since 2002; that the TGNA has a board and has adopted bylaws; that the bylaws are considered exemplary; that the name of the association was chosen to avoid the fear of code enforcement or some other negative connotations and to remind people the association is neighborly and is organized; that some small successes have been achieved; that a November 19, 2002, email was sent to the Sarasota Police Department (SPD) regarding a homeless person sleeping in the box cars stored on the west side of Shade BOOK 56 Page 27600 04/19/04 2:30 P.M. BOOK 56 Page 27601 04/19/04 2:30 P.M. Avenue; that the email was forwarded to the Commission; that issues concerning flooding in the area are being addressed as well; that rain gauges received from Sarasota County were distributed to the neighbors to provide a more objective view of flooding issues. Mr. Senf continued that a telephone call was made to Ms. Vieira; that he questioned the person expressing interest in resurrecting the neighborhood association; that the response was a request for the number of times and dates in which the existing neighborhood association is meeting; that he repeated his question multiple times and received the same response; that a request was made for Ms. Vieira to provide a list of the individuals receiving the April 12, 2004, letter; that a request was made to forward the email; however, the email has not been received; that he has communicated the issue to Commissioner Bilyeu and the other Commissioners. Mayor Martin stated that a request is to enter the email concerning the TGNA into the record since some confusion exists. Commissioner Atkins stated that he is not receiving email from Mr. Senf due to the City's protection against spam email. Mayor Martin stated that some of the Commissioners have received email from Mr. Senf; that hearing no objections, the Administration will research the issue and provide a response back to Mr. Senf. Commissioner Bilyeu stated that the email received by Mr. Senf was forwarded to the City Manager. 3. APPROVAL RE : MINUTES OF THE SPECIAL CITY COMMISSION MEETINGS OF MARCH 30 AND APRIL 2, 2004, AND THE REGULAR CITY COMMISSION MEETING OF APRIL 5, 2004 APPROVED (AGENDA ITEM II) CD 2:40 through 2:41 Mayor Martin asked if the Commission had any changes to the minutes? Mayor Martin stated that hearing no changes, the minutes of the Special City Commission meetings of March 30, 2004, and April 2, 2004, and the Regular City Commission meeting of April 5, 2004, are approved by unanimous consent. 4. BOARD ACTIONS: APPROVAL RE: : PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF MARCH 24, 2004 = SET PROPOSED ZONING TEXT AMENDMENT APPLICATION NO. 04-ZTA-01 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM III-1) CD 2:41 through 2:49 Jane Robinson, Director of Planning and Redevelopment, came before the Commission. Ms. Robinson stated that the following item was discussed at the March 24, 2004, Regular PBLP meeting: Zoning Text Amendment No. 04-ZTA-01 Ms. Robinson stated that the PBLP conducted a public hearing on March 24, 2004, to receive public testimony concerning proposed Zoning Text Amendment Application No. 04-ZTA-01, First Cycle of 2004, which consists of 12 scriveners corrections and 11 other items which clarify or amend the existing Zoning Code (2002 Ed.) provisions; that each item is fully described in the March 1, 2004, memorandum to the PBLP from Michael Taylor, Deputy Director of Planning and Redevelopment, which is included in the Agenda backup material; that the PBLP found Zoning Text Amendment Application No. 04-ZTA-01 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), satisfies the Standards for Review in Section IV-1206, Zoning Code (2002 Ed.), and voted 5 to 0 to recommend approval by the Commission; that Staff recommends the Commission set Zoning Text Amendment Application No. 04-ZTA-01 for public hearing. Vice Mayor Servian referred to Item 7, Eminent Domain Taking for US 301, of proposed Zoning Text Amendment 04-ZTA-01; and requesting clarification regarding the location indicated in the following language: The proposed amendment would address eminent domain takings by the State on US 301 between Myrtle Avenue and US 41. Michael Taylor, Deputy Director of Planning and Redevelopment, came before the Commission; and stated that the area of the US 41 and US 301 intersection is approximately in the area of the Sarasota Ford dealership. BOOK 56 Page 27602 04/19/04 2:30 P.M. BOOK 56 Page 27603 04/19/04 2:30 P.M. Commissioner Palmer referred to Item 3, Required Public Hearing for Site Plans in Governmental Use (G) Zone Districts, of proposed Zoning Text Amendment 04-ZTA-01; and stated that site plan approval does not normally come before the Commission unless part of a rezoning or a Major Conditional Use; and asked the rationale for site plans located in the G Zone District requiring a public hearing before the Commission? Mr. Taylor stated that everything located in the G Zone District is primarily approved by the Commission. Commissioner Palmer stated that the understanding is the G Zone District is set up in a unique manneri that the requirements are different from other Zone Districts. Mr. Taylor stated that is correct; that a recent project was discussed by Staff and the City Attorney's Office as to if a public hearing should take place before the Commission; that the current Zoning Code (2002 Ed.) is not explicitly clear; that the intent of Item 3 is to clarify a public hearing before the Commission will be required for site plans located in the G Zone District. Commissioner Palmer referred to Item 11, Parking for Medical Offices in the Commercial Business Newtown (CBN) and Commercial Residential Transition (CRT) Zone Districts, of proposed Zoning Text Amendment 04-ZTA-01; and stated a requirement for parking does not exist in the CBN or CRT Zone Districts for the first 3,000 square feet of non-residential floor area; however, the lack of a requirement does not apply to medical offices and Clinics; that medical offices and clinics are heavily intensive uses. Mr. Taylor stated that the intent is for parking requirements to apply to medical offices and clinics; that Section VII-204 (B), Zoning Code (2002 Ed.), indicates off street parking requirements for medical offices and clinics; and quoted Section VII-206(E), Off-Street Parking Requirements in Specific Zone Districts, Zoning Code (2002 Ed.) as follows: Unless otherwise reduced by other provision in the Zoning Code (2002 Ed.), the off-street parking requirements set forth in Section VII-204, Zoning Code (2002 Ed.) may be reduced as follows in the specified Zone Districts and for the following specified uses: CBN and CRT Zone Districts. Except for medical offices and clinics, there shall be no parking required for the first 3,000 square feet of non-residential floor area. The requirements for any remaining non-residential floor area shall be based on the requirements in Section VII-204. Mr. Taylor continued that the intent is to have parking located in the CBN and CRT Zone Districts for medical offices and clinics. Commissioner Palmer stated that no parking is required for the first 3,000 square feet of non-residential floor area if the phrase "except for medical offices and clinics" is removed. Mr. Taylor stated that is correct, except for medical offices and clinics. Commissioner Palmer asked if is the phrase "except for medical offices and clinics" is being removed sO no parking is required for the first 3,000 square feet of non-residential floor area. Mr. Taylor stated that no requirement exists for parking in the CBN and CRT Zone Districts at this time except for medical offices and clinics; that medical offices and clinics are required to meet parking for the first 3,000 square feet of non-residential floor area and beyond. Commissioner Palmer asked for further clarification. Mr. Taylor stated that the change resolves an inconsistency between Section VII-206, which exempts all uses in the CBN and CRT Zone Districts, and Section VII-204, Zoning Code (2002 Ed.) which requires parking for medical offices and clinics. Commissioner Palmer asked if the City is requiring parking in the first 3,000 feet of non-residential floor area and beyond? Mr. Taylor stated that the City is not requiring parking for the first 3,000 square feet of non-residential floor area except for medical offices and Clinics; that medical offices and clinics are required to provide parking; that medical offices and clinics are being excepted from the provision indicating no parking is required for the first 3,000 square feet of non-residential floor area. BOOK 56 Page 27604 04/19/04 2:30 P.M. BOOK 56 Page 27605 04/19/04 2:30 P.M. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that adding the phrase "except for medical offices and clinics" will clarify Section VII-206 (E), Zoning Code (2002 Ed.) and clarify the requirement for medical offices and clinics to provide a certain amount of parking. Ms. Robinson stated that the intent is to require parking in the CBN and CRT Zone Districts for medical offices and clinics. Commissioner Palmer stated that the new language requires medical offices and clinics to have parking. Mayor Martin stated that as written, the language is confusing which is the reason for requesting clarification. On motion of Commissioner Palmer and second of Vice Mayor Servian it was moved to set proposed Zoning Text Amendment Application No. 04-ZTA-01 for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to receive the report of the March 24, 2004, Planning Board/Local Planning Agency (PBLP) Regular meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 5. BOARD ACTIONS: APPROVAL RE: HUMAN RELATIONS BOARD REPORT - RECEIVED REPORT (AGENDA ITEM III-2) CD 2:49 through 2:56 Kurt Hoverter, Director, Human Resources, Mark Singer, Attorney, City Attorney's Office, Lottie Swann-Crawford, Chair, and Suzanne Atwell, Vice Chair, Human Relations Board, came before the Commission. Attorney Singer stated that the first Board Report of the Human Relations Board will be provided; that Reverend Jim Merritt was the original Chair of the Human Relations Board but has resigned due to a move to Orlando, Florida; that the Human Relations Board has been working diligently; that the progress of the Human Relations Board will be provided; that Staff has completed all the forms necessary to begin processing complaints. Mr. Hoverter stated that the Human Relations Board has met five times; that an outreach sub-committee was created to develop brochures for posting in general business locations; that the intent of the brochures is to inform the local business community of the efforts of the City regarding the prohibiting of discrimination; that the brochures provide succinct information; that a tri-fold brochure which was debuted at the Sarasota Openly Addresses Racism (SOAR) symposium was designed by the outreach sub-committee and has been posted in 14 City locations; that work being conducted with the Ringling School of Art and Design to identify an appropriate logo which fits the topic of mon-discrimination, that the hope is to provide further information at the time the next Board Report is provided; that a City focus program is planned as another means of communicating efforts toward mon-discrimination, that the Human Relations Board has developed a special events sub-committee for planning future events; that the local Bar Association expressed an interest in partnering to build a seminar for businesses to provide an understanding of the City's non-discrimination Ordinance and the application of the Ordinance; that outreach work will also be conducted regarding the 50th anniversary of the United States Supreme Court ruling regarding Brown versus Board of Education as another means of communication; that all the forms for use by the Human Relations Board have been designed; that the only step remaining is to include the forms on the website sO people can complete the forms online, which should take place within the next three weeks; that people will have the ability to make online or in person complaints. Commissioner Palmer asked if any complaints have been filed? Mr. Hoverter stated that two initial employment complaints have been received; that one complaint was outside the jurisdictional limits of the City; that one housing complaint has been received which came in on a different form; that the individual was requested to complete the City's Complaint of Discrimination form; that nothing has been officially filed on the City's Complaint of Discrimination form. Commissioner Palmer stated that the Help Against Discrimination brochure and poster, included in the Agenda backup material are excellent; that Staff and the Human Relations Board are congratulated for developing the forms; that the forms will be helpful as guides. BOOK 56 Page 27606 04/19/04 2:30 P.M. BOOK 56 Page 27607 04/19/04 2:30 P.M. Attorney Singer stated that the voters of the City approved the change to the City's Charter in November 2002; that the change prohibits discrimination on the basis of age, disability, gender, marital status, national origin, race, religion, sexual orientation, or veteran status; that subsequently the Commission appointed the Ad Hoc Committee on Non-Discrimination, an Ordinance was prepared and passed effective October 1, 2003, and the Human Relations Board was appointed; that the Human Relations Board has functioned well and is ready to accept complaints from alleged victims of discrimination; that reporting the progress of the Human Relations Board is anticipated; that work has been closely coordinated with the Florida Commission on Human Relations; that projects and plans of the Florida Commission on Human Relations were discussed; that the Human Relations Board is mentioned frequently among other communities similar to the size of the City; that the hope of the Florida Commission on Human Relations is the City's Ordinance can be used as a model which is utilized throughout the State. Mayor Martin stated that the work conducted by the Human Relations Board is pleasing. Vice Mayor Servian agreed. Ms. Swan-crawtord stated that a pledge is to work hard; that the hope is to make a difference. Ms. Atwell stated that the work is exciting; that events throughout the City are attended; that the SOAR seminar was attended which provided an excellent opportunity to distribute materials; that the process is blossoming; that complaints have not yet been received; however, the process to receive complaints is available; that moving forward with the process is anticipated. Mayor Martin stated that educating the public will make all the difference; and expressed thanks for the hard work. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to receive the report of the Human Relations Board. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4,5, 6, 7 AND 8 = APPROVED (AGENDA ITEM IV-A) CD 2:56 through 2:58 1. Approval Re: Affirm Planning Board/Local Planning Agency Resolution, recommending approval of Major Conditional Use Application No. 04-CU-02 and Site Plan Application No. 04-SP-10 to allow construction of a park as a major conditional use on property located at 705 and 715 East Avenue as well as 2072/2074 gth Street in the Residential Multiple Family-2 (RMF-2) Zone District; providing for conditions of approval and providing that said major conditional use is required to be constructed and located in accordance with the site plan submitted with Application No. 04-SP-10; providing for certain conditions regarding the use of Shenandoah Park; etc. 2. Approval Re: Extension of time to make a joint status report to the City Commission regarding the status of roadway improvements required to be constructed under the terms of the Ritz-Carlton Development Agreement. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Robert E. Keltner for connection to the potable water and the sanitary sewer systems for a developed site located at 1560 Stringfield Avenue. 4. 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 Harold J. Rosenberg, President, Roseglen Corporation for connection to the potable water and the sanitary sewer systems for a developed site located at 3810 Flamingo Avenue. 5. Approval Re: Policy guidelines for the provision of rehabilitation grant assistance under the Residential Construction Mitigation Program. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Morelli Landscaping, (Bid No. 04-13W) in the amount of $399,960.75 for the Ringling Causeway Parks. BOOK 56 Page 27608 04/19/04 2:30 P.M. BOOK 56 Page 27609 04/19/04 2:30 P.M. 7. Approval Re: Request from the Housing Authority of the City of Sarasota (HACS) for a reallocation of $6,587 previously provided by the City of Sarasota to fund a real estate market study and a public relations plan as part of their Hope VI Housing Revitalization Grant application process. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Purchase and Sale Agreement between the City of Sarasota and Nathan Coon, Jr. for the acquisition of property for the expansions of Fredd "Glossie" Atkins Park in the amount of $160,000. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 8, inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. Vice Mayor Servian stated that Consent Agenda No. 1, Item 8, was received the day of the meeting; that receiving an item on the day of the meeting is a concern; that having an opportunity to read additional information received on the day of a meeting is difficult; that avoiding the situation would be appreciated. City Manager McNees stated that an attempt will be made to avoid the situation unless absolutely necessary; that the negotiation regarding Item 8 has been ongoing; that the desire was to include Item 8 on the Agenda as soon as possible since obtaining closure to the issue has been a struggle; that the intent was to have the Mayor and City Auditor and Clerk execute the Purchase and Sale Agreement as soon as possible to avoid further problems. Vice Mayor Servian stated that the situation is considered reasonable. Mayor Martin agreed; and stated that the views expressed by Vice Mayor Servian are appreciated. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1744) ADOPTED ; ITEM 2 (RESOLUTION NO. 04R-1745) REMOVED FOR DISCUSSION AS AGENDA ITEM VII-1 (AGENDA ITEM IV-B) CD 2:58 through 2:59 1. Adoption Re: Proposed Resolution No. 04R-1744, appropriating $1,694.36 from the unappropriated fund balance of the General Fund to pay final expenses for the consultant facilitating the Strategic Plan for the City; etc. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1744 in its entirety. On motion of Commissioner Bilyeu and second of Commissioner Palmer, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Martin 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, yes; Servian, yes. 8. BOARD APPOINTMENTS: APPOINTMENT RE: CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES - 1) METROPOLITAN PLANNING ORGANIZATION (MPO) : APPOINTED VICE MAYOR SERVIAN AND COMMISSIONER PALMER WITH COMMISSIONER BILYEU AS ALTERNATE, ; 2) SARASOTA BAY NATIONAL ESTUARY POLICY COMMITTEE : CONTINUATION OF THE TERMS OF MAYOR MARTIN AND COMMI SSIONER BILYEU AS ALTERNATE; 3) TOURIST DEVELOPMENT COUNCIL AND TOURIST AND ECONOMIC DEVELOPMENT BOARD : APPOINTED COMMIS SSIONER ATKINS WITH COMMISSIONER PALMER AS ALTERNATE ON THE TOURIST DEVELOPMENT COUNCIL; 4) ECONOMIC DEVELOPMENT ORGANIZATION OF THE ECONOMIC DEVELOPMENT CORPORATION : APPOINTED VICE MAYOR SERVIAN WITH COMMISSIONER PALMER AS ALTERNATE 5) ENTERPRISE ZONE REDEVELOPMENT AGENCY: : COMMISSIONER ATKINS TO REMAIN THE CITY'S REPRESENTATIVE FROM DISTRICT 1; 6) MANASOTA LEAGUE OF CITIES: CONTINUATION OF THE TERMS OF COMMISSIONER PALMER WITH MAYOR MARTIN AS ALTERNATE; 7) COUNCIL OF GOVERNMENTS: MAYOR MARTIN WITH VICE MAYOR SERVIAN AS ALTERNATE 8) SARASOTA COUNTY COASTAL ADVISORY COMMITTEE : CONTINUATION OF THE TERMS OF MAYOR MARTIN WITH VICE MAYOR SERVIAN AS ALTERNATE AND CITY ENGINEER DENNIS DAUGHTERS AS THE TECHNICAL MEMBER; 9) LIAISON TO THE PENSION BOARDS: CONTINUATION OF COMMISSIONER PALMER AS LIAISON; 10) LIAISON TO THE SARASOTA HOUSING AUTHORITY: : APPOINTED VICE MAYOR SERVIAN AS LIAISON WITH COMMISSIONER ATKINS AS ALTERNATE 11) JUVENILE JUSTICE COUNCIL OF THE DEPARTMENT OF JUSTICE: CONTINUATION OF THE TERMS OF COMMISSIONER BILYEU AND COMMISSIONER ATKINS AS ALTERNATE, ; 12) WATER PLANNING ALLIANCE BOARD: CONTINUATION BOOK 56 Page 27610 04/19/04 2:30 P.M. BOOK 56 Page 27611 04/19/04 2:30 P.M. OF THE TERMS OF MAYOR MARTIN WITH COMMISSIONER BILYEU AS ALTERNATE (AGENDA ITEM V) CD 2:59 through 3:17 Mayor Martin stated that the Commission appoints Commission representation on boards and committees on an annual basis; that each board will be addressed separately. Mayor Martin continued that the City has two seats on the Metropolitan Planning Organization (MPO); that Vice Mayor-Servian and Commissioner Bilyeu are the City's current representatives and were appointed on April 21, 2003; that he serves as the alternate and was originally appointed on September 4, 2001; that the terms on the MPO have no expiration date; and asked if Vice Mayor Servian and Commissioner Bilyeu are interested in continuing representation on the MPO? Vice Mayor Servian stated yes. Commissioner Bilyeu stated that serving on the MPO has been enjoyable and educational; however, Commissioner Palmer may be interested in serving, which is considered fine. Mayor Martin stated that the offer is gracious. Commissioner Palmer asked if any other Commissioner is interested in serving on the MPO, or if Commissioner Bilyeu is no longer interested in serving on the MPO? Commissioner Bilyeu stated that serving as the alternate may be helpful to Mayor Martin; that the position of Mayor may require more time. Commissioner Palmer stated that the offer to serve on the MPO is accepted; and asked if Commissioner Bilyeu would be willing to serve as alternate? Mayor Martin stated that having Commissioner Bilyeu serve as alternate is fine; that he is willing to step down as alternate for at least one year; that all the Commissioners should have an opportunity to serve on the MPO; and hearing the consensus of the Commission, Vice Mayor Servian and Commissioner Palmer will represent the City on the MPO and Commissioner Bilyeu will serve as alternate. Mayor Martin stated that he is the City's representative on the Sarasota Bay National Estuary Policy Committee and was originally appointed on April 16, 2001; that Commissioner Bilyeu serves as the alternate and was appointed on April 21, 2003; that the terms on the Sarasota Bay National Estuary Policy Committee have no expiration date; that continuity is considered good and expressed a desire to continue to serve. Commissioner Palmer asked if Commissioner Bilyeu wishes to remain as alternate? Commissioner Bilyeu stated yes. Commissioner Palmer stated that a suggestion is to approve the continuation of the terms by consensus. Mayor Martin stated that hearing no objections, the terms for the City's representation on the Sarasota Bay National Estuary Policy Committee will continue. Mayor Martin stated that Commission Palmer is the City's representative on the Tourist Development Council and was originally appointed on April 16, 2001; that Vice Mayor Servian serves as the alternate and was originally appointed on May 6, 2002; that the Tourist Development Council seats have a term of four years; that the terms of the City's seats expire on September 1, 2006. Commissioner Palmer stated that a desire is to continue to servei that the hope is Vice Mayor Servian will also desire to continue to serve as alternate. Commissioner Atkins stated that serving on a board or committee is desired which was expressed in 2003; that the hope is fellow Commissioners will be gracious and step down from a board or committee to provide an opportunity for him to serve. Mayor Martin stated that the request is appreciated; that Commissioner Atkin's previous interest in serving on a board or committee is recalled. Vice Mayor Servian stated that she is willing to step down as alternate. BOOK 56 Page 27612 04/19/04 2:30 P.M. BOOK 56 Page 27613 04/19/04 2:30 P.M. Mayor Martin stated that Commissioner Atkins may be interested in being the representative rather than the alternate. Commissioner Atkins stated that Commissioner Palmer has graciously been provided the City's representative on the MPO; that perhaps Commissioner Palmer will be willing to surrender the seat held on the Tourist Development Council; that the Tourist Development Council performs an important function in the community. Commissioner Palmer stated that the direction of the Tourist Development Council has changed; that remaining on the Tourist Development Council as the City's representative with Commissioner Atkins as alternate is preferred. Commissioner Atkins stated that the preference is to hold a seat as the City's representative on the Tourist Development Council; that the Tourist Development Council could benefit from his personal expertise and experience. Mayor Martin stated that a vote will be taken after the changes which have taken place within the Tourist Development Council have been discussed; that the Tourist and Economic Development Board is a new board which was created resulting from the reorganization of the Economic Development Board, on which Vice Mayor Servian served as the City's representative; that nine members of the Tourist Development Council, including the City's representative, will sit on the 19 person Tourist and Economic Development Board; that another City Commissioner may possibly serve on the Tourist and Economic Development Board; however, the possibility has not been verified. City Auditor and Clerk stated that another City Commissioner will not be serving on the Tourist and Economic Development Board. Commissioner Palmer stated that the Economic Development Organization of the Economic Development Corporation has organized a new Countywide Economic Development Organization Board which will be connected with the Tourist and Economic Development Board; that each of the four municipalities in the County and the County will have a seat on the Board subject to a willingness to become an investor/member; that the Economic Development Organization Board will be developing Investor Agreements with the municipalities which will be effective October 1, 2004; that the Economic Development Organization Board is a private/public sector partnership; that the first meeting will be held on May 5, 2004; that an opportunity may exist for a Commissioner to serve. Mayor Martin stated that nominations are requested for the City's representative and alternate to the Tourist Development Council. Commissioner Palmer stated that she would like to serve as the City's representative. Commissioner Atkins stated that he would like to serve as the City's representative. Mayor Martin called for a vote. Commissioner Palmer received 2 votes: Bilyeu, Palmer. Commissioner Atkins received 3 votes: Atkins, Martin, Servian. Mayor Martin stated that Commissioner Atkins will serve as the City's representative on the Tourist Development Council and will therefore also be serving on the Tourist and Economic Development Board; that the hope is Commissioner Palmer will agree to serve as alternate; and asked if the ability of an alternate to represent the City on the Tourist and Economic Development Board has been clarified? City Auditor and Clerk Robinson stated no. Mayor Martin asked if Commissioner Palmer is willing to serve as alternate on the Tourist Development Council. Commissioner Palmer stated yes. Mayor Martin stated that the City will have one representative on the Economic Development Organization Board of the Economic Development Corporation; and asked if individual Commissioners are interested in serving. Vice Mayor Servian and Commissioner Palmer indicated an interested in serving. Vice Mayor Servian stated that the Economic Development Board has been disbanded; that she served on the Economic Development Board; that Commissioner Atkins was the alternate; that an opportunity exists for continuity regarding economic development. BOOK 56 Page 27614 04/19/04 2:30 P.M. BOOK 56 Page 27615 04/19/04 2:30 P.M. Mayor Martin asked if including an alternate has been clarified? City Auditor and Clerk Robinson stated no. Mayor Martin called for a vote regarding the nomination of Commissioner Palmer as the City's representative on the new Economic Development Organization Board of the Economic Development Corporation. Commissioner Palmer received 2 votes: Bilyeu, Palmer. Mayor Martin called for a vote regarding the nomination of Vice Mayor Servian. Vice Mayor Servian received 3 votes: Atkins, Martin, Servian. Mayor Martin stated that Vice Mayor Servian will serve as the City's representative on the Economic Development Organization Board of the Economic Development Corporation. Commissioner Palmer stated that serving in the capacity of an alternate is desired should the opportunity become available. Vice Mayor Servian stated that the appointment of Commissioner Palmer is supported. Commissioner Atkins agreed. Mayor Martin stated that Vice Mayor Servian can request clarification at the next meeting as to if an opportunity is available for an alternate. Vice Mayor Servian stated that she will be out of the Country for the first meeting; that clarifying if an opportunity for an alternate can represent the City is necessary. City Auditor and Clerk Robinson stated that an alternate could be appointed; that the alternate could attend the meeting and ask the question. Mayor Martin stated that hearing the consensus of the Commission, Commissioner Palmer will serve as alternate on the Economic Development Organization Board. Mayor Martin continued that the Commissioner representing District 1 is the City's representative on the Enterprise Zone Development Agency; that Commissioner Atkins represents District 1 and will remain the City's representative. Mayor Martin further stated that Commissioner Palmer is the City's representative to the ManaSota League of Cities and he is the alternate; that both were appointed on September 4, 2001; that the seats on the ManaSota League of Cities have no expiration date. Commissioner Palmer stated that continuing as the City's representative is desired. Mayor Martin stated that Commissioner Palmer has served well in the position; that the willingness to continue is appreciated; that he is willing to continue to serve as alternate. Vice Mayor Servian stated that the continuing representation of Commissioner Palmer as the City's representative and Mayor Martin as the alternate is supported. Commissioners Atkins and Bilyeu agreed. Mayor Martin stated that the Mayor and City Manager are the City's representatives to the Council of Governments with the Vice Mayor as the alternate. Mayor Martin continued that he is the City's representative to the Sarasota County Coastal Advisory Committee which is served in an ex-officio capacity; that he was originally appointed on April 16, 2001; that he takes part in the discussions but cannot vote; that Vice Mayor Servian is serving as the alternate and was appointed on April 21, 2003; that City Engineer Dennis Daughters serves as a technical member; that the seats on the Sarasota County Coastal Advisory Committee have no terms; that hearing no objections, the appointments will continue. Commissioner Palmer stated that Commissioner Bilyeu is the City's representative to the Sarasota County Community Action Agency Board and was appointed on May 19, 2003. Commissioner Bilyeu stated that he would like to continue to serve. BOOK 56 Page 27616 04/19/04 2:30 P.M. BOOK 56 Page 27617 04/19/04 2:30 P.M. Mayor Martin stated that clarification should be received as to if an alternate can be appointed; that all the boards and committees should ideally have an alternate. Commissioner Bilyeu stated that alternates were discussed; that discussions concerning having alternates attend meetings but not vote took place; that the issue will be clarified. Mayor Martin stated that support for the ability of alternates to vote should be brought forth. Mayor Martin continued that Commissioner Palmer serves as the liaison to the General Employees, Police, and Fire Pension Boards, and was originally appointed on September 4, 2001. Commissioner Palmer stated that she would like to continue to serve. Commissioner Atkins stated that the continuation of Commissioner Palmer as the liaison to the City's Pension Boards is supported. Commissioner Bilyeu agreed. Mayor Martin stated that Commissioner Palmer is valued in the position and will remain as the liaison. Mayor Martin continued that Commissioner Atkins serves as the liaison to the Sarasota Housing Authority and was appointed on April 21, 2003; that Vice Mayor Servian serves as the alternate and was also appointed on April 21, 2004. Commissioner Bilyeu stated that both Commissioner Atkins and Vice Mayor Servian are doing an excellent job. Commissioner Atkins stated that he is willing to serve as the alternate if Vice Mayor Servian is willing to serve as the liaison. Vice Mayor Servian stated that she is willing to serve as the liaison to the Sarasota Housing Authority. Mayor Martin stated that hearing no objections, Vice Mayor Servian will become the liaison to the Sarasota Housing Authority with Commissioner Atkins as alternate. Mayor Martin stated that Commissioner Bilyeu is the City's representative on the Juvenile Justice Council of the Department of Justice and was appointed on April 21, 2003; that Commissioner Atkins serves as the alternate and was also appointed on April 21, 2003. Commissioner Bilyeu stated that he is willing to continue to serve. Commissioner Atkins stated that he is willing to continue to serve as alternate; that clarification is requested as to if a vote can be cast as an alternate. Mayor Martin stated that the City Auditor and Clerk's Office can provide the clarification; that the voting rights of alternates are important and should be stressed; that Commissioner Bilyeu will remain as the City's representative on the Juvenile Justice Council of the Department of Justice with Commissioner Atkins remaining as alternate. Mayor Martin continued that he serves as the City's representative to the Water Planning Alliance Board, and was appointed on April 21, 2003; that Commissioner Bilyeu serves as alternate and was also appointed on April 21, 2003; that representatives are appointed for at least a one-year and preferably a two-year term; that he is willing to continue to serve; that the Water Planning Alliance Board does not meet often. Commissioner Bilyeu stated that he is willing to continue as alternate. Vice Mayor Servian stated that the continuation of Mayor Martin as the City's representative and Commissioner Bilyeu as the alternate is supported. Commissioners Atkins and Palmer agreed. Mayor Martin stated that the terms will continue; that to summarize, the Commission representation on external boards and committees is as follows: Sarasota/Manatee Metropolitan Planning Organization Vice Mayor Servian and Commissioner Palmer Commissioner Bilyeu as alternate Tourist Development Council and Tourist and Economic BOOK 56 Page 27618 04/19/04 2:30 P.M. BOOK 56 Page 27619 04/19/04 2:30 P.M. Development Board Commissioner Atkins Commissioner Palmer as alternate Sarasota Bay National Estuary Policy Committee Mayor Martin Commissioner Bilyeu as alternate Economic Development Organization Board Vice Mayor Servian Commissioner Palmer as alternate Enterprise Zone Development Agency Commissioner Atkins ManaSota League of Cities Commissioner Palmer Mayor Martin as alternate Council of Governments Mayor Martin Vice Mayor Servian as alternate Sarasota County Coastal Advisory Committee Mayor Martin Vice Mayor Servian as alternate Liaison to the Pension Boards Commissioner Palmer Liaison to the Sarasota Housing Authority Vice Mayor Servian Commissioner Atkins as alternate Juvenile Justice Council of the Department of Juvenile Justice Commissioner Bilyeu Commissioner Atkins as alternate Water Planning Alliance Board Mayor Martin Commissioner Bilyeu as alternate 9. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE THE ADMINISTRATION TO NEGOTIATE AND THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT AMENDMENT BETWEEN THE CITY OF SARASOTA AND WILSONMILLER, INC., IN AN AMOUNT NOT TO EXCEED $63,330 FOR THE LEMON AVENUE STREETSCAPE PROJECT AND PROVIDE A CONSTRUCTION CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $101,670, SUBJECT TO ADOPTION OF PROPOSED RESOLUTION NO. 04R-1745 = APPROVED (AGENDA ITEM VI-1) CD 3:17 through 3:25 Mayor Martin stated that a status report regarding the Lemon Avenue Streetscape project will be provided and requested that Staff come forward for the presentation. Dale Haas, Technical Service Manager, Public Works, came before the Commission. Mr. Haas stated that the request is to authorize the Administration to negotiate a contract amendment with WilsonMiller, Inc., the engineering firm for the Lemon Avenue Streetscape project, to provide a full time project manager since a key City Staff member working on the project is no longer employed with the City; that prior to the bid of the project, the Administration requested WilsonMiller to provide additional services including two alternate designs for the section of Lemon Avenue from First Street to Second Street; that at the time, the issue concerning the location of the Sarasota County Transportation Authority (SCAT) transfer facility was uncertain and could have been delayed or denied by the Commission; therefore, the section of roadway from First Street to Second Street was not included in the original bid package for the Lemon Avenue Streetscape project; that amending the contract is preferred rather than coming back before the Commission at a later date with a change order, which could involve exorbitant costs; that Staff recommends the Commission: 1) authorize the Administration to negotiate a contract amendment in an amount not to exceed $63,330, with WilsonMiller, Inc., and to authorize the Mayor and City Auditor and Clerk to execute the same, and 2) provide a construction contingency for the project in the amount of $101, 670; that both actions are subject to approval of Special Appropriation No. 04R-1745; that the Agenda Request Form, included in the Agenda backup material, indicates an incorrect amount for the construction contingency of $101,170; that the amount should be $101, 670; that the total special appropriation will be $165,000; that the amount represents 8.8 percent of the original contract for the Lemon Avenue Streetscape project. Commissioner Palmer stated that including contingencies during the bidding process should be automatic; that additional expenditures are not necessarily visible at the time a project is issued for bid; that projects usually have a 10 percent contingency. Mr. Haas stated that the additional funds are necessary due to unforeseen conditions. BOOK 56 Page 27620 04/19/04 2:30 P.M. BOOK 56 Page 27621 04/19/04 2:30 P.M. Commissioner Palmer stated that contingencies cover costs relating to unforeseen conditions; that a contingency was not included which is the reason for the contract amendment; that the funds are being utilized out of the old Local Option Sales Tax (L.0.S.T.), also called the penny sales tax; that dollars are available in the Engineering Department since a key Staff member assigned to the project has resigned; and asked if any of the funds budgeted for the Staff member could be utilized to assist in covering the construction management cost, which is approximately $25,000? City Manager McNees stated that use of L.0.S.T. funds is restricted but is appropriate for the proposed expenditure; that the attrition dollars for the Staff member are available in the City's General Fund for any purpose; that utilizing funds from the L.0.S.T. is considered appropriate; however, utilizing the attrition dollars for the Staff member is possible as well. Commissioner Palmer stated that use of L.0.S.T. funds is strict; that utilizing funds which were budgeted for the key Staff member working on the project who is no longer employed with the City seems logical. William Hallisey, Director of Public Works, came before the Commission and stated that the salary cost for the Staff position is charged directly to projects; that the funds budgeted for the Staff member would have been charged to the account for the Lemon Avenue Streetscape project. Commissioner Palmer asked for clarification regarding use of L.O.S.T. funds. Mr. Hallisey stated that L.0.S.T. funds will be used; that the Staff position was predominantly responsible for working on capital improvement projects. City Manager McNees stated that a question was if the City includes certain contingencies in all projects; that including contingencies in all projects is a continued debate between the engineers and individuals responsible for budgeting projects; that budgeting blanket contingencies of 10 or 15 percent is not supported since the contingency becomes the project budget; that everyone working on the project is aware of the contingency and can spend the additional money without obtaining approval; that approval by the City Manager should be required prior to expenditure of contingency funds. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to: 1) authorize the Administration to negotiate a contract amendment in an amount not to exceed $63,330, with WilsonMiller, Inc., and to authorize the Mayor and City Auditor and Clerk to execute the same, and 2) provide a construction contingency for the project in the amount of $101, 670 with both actions being subject to approval of Special Appropriation No. 04R-1745. Motion carried unanimously (5 to 0) : Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yesi Martin, yes. 10. UNFINISHED BUSINESS: CONTINUED DISCUSSION RE : DOWNTOWN SARASOTA MOBILITY STUDY RECOMMENDATIONS SUPPORTED KEY PROJECT NOS. 2 THROUGH 10 AND KEY PROJECT NO. 12, WITH A CHANGE TO KEY PROJECT NO. 8 TO CONSIDER A PEDESTRIAN OVERPASS AS AN ALTERNATIVE, / AND KEY PROJECT NO. 9 TO CONSIDER THE CSX RAIL LINE CORRIDOR AS AN ALTERNATIVE; DIRECTED STAFF TO BRING BACK THE SPECIFIC MOBILITY NOW! RECOMMENDATIONS AND A TIMELINE FOR IMPLEMENTATION OF IMPROVEMENTS OVER THE NEXT ONE TO THREE YEARS (AGENDA ITEM VI-2) CD 3:25 through 5:02 Mayor Martin stated that a continuation of the discussion regarding the Downtown Sarasota Mobility Study (Downtown Mobility Study) recommendations will be provided; and requested that Staff come forward. Dennis Daughters, Director of Engineering/City Engineer and Osama Freija, Manager of Traffic Engineering, came before the Commission. Mr. Freija stated that the Agenda Request form included in the Agenda backup material includes a list of items which were requested from Staff during the March 30, 2004, public hearing regarding the Downtown Mobility Study; that 12 key projects were identified in the Downtown Mobility Study; that at the March 15, 2004, Regular meeting, the Commission decided not to pursue two key projects; and referred to hi April 15, 2004, memorandum in the Agenda backup material indicating the two key projects which will not be pursued as follows: 1. Narrow Bayfront Drive; and 11. Redesignate US 41 BOOK 56 Page 27622 04/19/04 2:30 P.M. BOOK 56 Page 27623 04/19/04 2:30 P.M. Mr. Freija continued by referring to his April 15, 2004, memorandum indicating the remaining 10 key projects on which the Commission is requested to take action: 2. Bayfront Drive and Gulf Stream Avenue - three leg multi-lane roundabout; 3. Tamiami Trail and Fruitville Road multi-lane roundabout; 4. US 301 and Fruitville Road maintain signalized intersection with 11 specifically identifled projects; 5. Roundabouts on Ringling Boulevard at Palm Avenue, and Roundabouts on Ringling Boulevard and Pineapple Avenue; 6. Bicycle Network; 7. Pedestrian Network; 8. Pedestrian Sleeves; 9. Dedicated Bus Lane on Cocoanut Avenue; 10. Bus Queue Jump Lanes on Fruitville Road and US 301; and 12. Transportation Concurrency Exception Area Policy Mr. Freija referred to his April 15, 2004, memorandum to the Commission, regarding the Downtown Mobility Study Request for Information, included in the Agenda backup material; and stated that the memorandum details the advantages and disadvantages of each recommendation in the Downtown Mobility Study, discusses the consequences if the Commission chooses not to adopt the recommendations, and addresses the implementation time for each project; that an April 5, 2004, letter from the City Engineer to the Sarasota/Manatee Metropolitan Planning organization (MPO) regarding the US 41 Orange Avenue to Fruitville Road Allowed Modifications is included in the Agenda backup material, which concerns a question raised by Vice Mayor Servian at the March 22, 2004, MPO Board meeting of changes the Florida Department of Transportation (FDOT) would allow on US 41; that an April 15, 2004, electronic mail (email) from FDOT is included in the Agenda backup material which provides a response; that a November 3, 2003, letter from the City Engineer to Robert Johnson, Johnson and Koepsel, P.L., regarding the Gulf Stream Avenue/US 41 Intersection Improvements Letter of Understanding, is included in the Agenda backup material, indicates the phasing recommendations by the Mobility Now! Committee which were agreed upon by the Cityi that an October 29, 2003, memorandum to the City Manager from the City Engineer and the Planning and Redevelopment Director, is also included in the Agenda backup material, and provides a response to issues raised at the public hearing regarding the actions by the City in the last 18 years concerning development on North Tamiami Trail from Gulf Stream Avenue to Tenth Street. Mr. Frieja referred to his April 15, 2004, memorandum to the Commission, regarding the Downtown Mobility Study Request for Information, included in the Agenda backup material; and stated that each Key Project can be discussed separately with an opportunity for questions and answers and to obtain consensus. Commissioner Atkins stated that an issue most apparent at the public hearing was someone at the City informed the State 17th Street was considered as the re-designated US 41; that a report as to the manner in which the issue was relayed to the State is requested. Mr. Freija stated that a response can be provided at this time; that a response was provided at the March 30, 2004, meeting; that the Downtown Mobility Study was conducted during the implementation process of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that alternatives were discussed with the public during the course of the Downtown Mobility Study; that two project managers from FDOT were involved; that John Czerepak, Project Manager, Florida Department of Transportation, is present in the Commission Chambers for questions if desired; that prior to the November 6, 2003, Commission workshop regarding the Downtown Mobility Study, Staff as project managers for the Downtown Mobility Study was of the opinion 17th Street, which had been in the City's Capital Improvement Plan (CIP) for over 30 years, might be a four lane facility in the future based on the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that 17th Street is indicated as a major arterial in the future in the City's Comprehensive Plan; that the City's Comprehensive Plan was adopted in 1998; that the goal was to continue to move the project forward based upon an approved existing plan; that public meetings were held; that the public indicated considering 17th Street as a re-designated US BOOK 56 Page 27624 04/19/04 2:30 P.M. BOOK 56 Page 27625 04/19/04 2:30 P.M. 41 was appropriate; that at the November 6, 2003, Downtown Mobility Study Workshop, the Commission directed Staff not to consider 17th Street as a re-designated US 41; that the August 13, 2003, letter from FDOT to Dennis Daughters, Director of Engineering/City Engineer, which was distributed by Vice Mayor Servian at the March 30, 2004, public hearing included responses based upon the information which was included in the Downtown Mobility Study at the time; that Staff no longer considered 17th Street as an alternative route for US 41 upon receiving the direction from the Commission at the November 6, 2003, Downtown Mobility Study Workshop, ; that the intent during the 17th Street study was never to consider 17th Street as the re-designated US 41; that Staff did not inform the public 17th Street would be considered as a re-designated US 41; therefore, Staff sought approval for the Project Development and Environment (PD&E) Study for the 17th Street project as a roadway extension project only and not as a project for a re-designation of US 41. Commissioner Atkins stated that the issue as presented by Staff is understood; however, the neighbors were not informed of the possibility of re-designating 17th Street as an alternate US 41 at the time of neighborhood discussions regarding four laning 17th Street through the Central Cocoanut Neighborhood; that although requested, all the information concerning 17th Street was not provided at the time the 17th Street project was presented to the neighborhood. Mr. Freija stated that responding to the concerns expressed is difficult; that the concerns are respected but are not considered accurate; that the neighborhood was informed 17th Street will be extended based on traffic demand and was being separately studied from the Downtown Mobility Study; that the direction from the Commission at the November 6, 2003, Downtown Mobility Study Workshop, was no longer to consider 17th Street as an alternative route for US 41, which was three to four months prior to presenting the 17th Street project to the Commission. Commissioner Palmer stated that is correct. Commissioner Atkins left the Chambers at 3:30 p.m. Vice Mayor Servian stated that the question is if the neighbors were informed 17th Street was being reviewed as the alternative US 41 during the neighborhood meetings regarding four laning of 17th Street held prior to the November 6, 2003, Downtown Mobility Study workshop? Mr. Freija stated no; that the reason for not informing the neighbors 17th Street was being reviewed as the alternative US 41 is 17th Street was considered a separate project which involved traffic demand; that the project had nothing to do with the Downtown Mobility Study. Vice Mayor Servian stated that appearing argumentative is not the intent; however, during the neighborhood meetings regarding the 17th Street extension project, the neighbors were not informed 17th Street could become a US Highway, which is the reason the neighbors are perturbed. Commissioner Atkins returned to the Chambers at 3:32 p.m. Mr. Freija stated that the concern of the neighbors is respected. Mr. Freija distributed and referred to the Downtown Mobility Study Implementation Handbook displayed on the Chamber monitors as well as his April 15, 2004, memorandum to the Commission regarding the Downtown Mobility Study Request for Information throughout the discussion; and stated that each Key Project will be individually discussed; that the Implementation Handbook does not reflect eliminating the de-designation and two-laning of US 41 as directed by the Commission at the March 15, 2004, Regular meeting; that the Implementation Handbook will be revised and can be brought back before the Commission, if desired. Mayor Martin stated that the interrelationsmaps between projects should be provided during the presentation; that all transportation issues are connected. Mr. Freija stated that Key Project No. 1 is to narrow Bayfront Drive; that the Commission determined not to pursue the project at the March 15, 2004, Regular meeting; that the project will be removed from the Downtown Mobility Study Implementation Handbook; that Key Project No. 2 is a three-leg multi-lane roundabout at the intersection of Bayfront Drive and Gulf Stream Avenue; that the public was provided with a design for a roundabout compared to a design for a signalized intersection; that approximately 50 people attended the public workshopi that the goal was to receive feedback; that a majority of the public responded favorably to a roundabout at the intersection of Bayfront Drive and Gulf Stream BOOK 56 Page 27626 04/19/04 2:30 P.M. BOOK 56 Page 27627 04/19/04 2:30 P.M. Avenue; that all the preliminary planning analysis has been conducted; however, considerable work remains; that design analysis will be conducted upon approval of Key Project No. 2; that the April 15, 2004, email from FDOT, included in the Agenda backup material, indicates some concerns regarding the roundabout unless certain conditions are met and further design analysis is conducted; that experts in roundabouts will be involved once the design analysis is conducted; that discussions will be held with FDOT to resolve some of the concerns regarding the roundabout; that the Commission can either approve a signalized intersection or a roundabout at the intersection; that both will function; however, the roundabout will provide a better level of service; that in the interim, several tasks will be conducted; that the Closure of the eastern leg of Gulf Stream Avenue will take place during the summer of 2004; that plans have been forwarded to FDOT; that partial closure has been discussed with FDOT and involves continuation of the eastbound movement; that the full closure will take place at the time the Main Street left turn lane is constructed; that FDOT is accepting of the idea and is continuing to review the plans; that the goal is to construct and Close the eastern leg during the summer of 2004, which is consistent with the Mobility Now! recommendation. Vice Mayor Servian asked if the eastern leg of Gulf Stream Avenue could remain open as the east bound segment for people traveling Cocoanut Avenue to First Street until the roundabout is constructed? Mr. Freija stated that the suggestion could be considered but will depend upon the traffic flow and the manner in which traffic adjusts. Vice Mayor Servian stated that the question has been previously raised and answered; and asked for clarification of right-of-way required at the intersection. Mr. Freija stated that a seminar was recently conducted regarding roundabouts; that the diameter of the roundabout was discussed; that the roundabout has been designed conceptually by the Engineering Department; that the roundabout fits; that an expert conducting the seminar indicated the roundabout can be shifted at a 90 degree angle to the west, if necessary. Commissioner Palmer stated that the suggestion of Vice Mayor Servian regarding the eastern leg of Gulf Stream Avenue would provide a safety valve from the location on a temporary basis; that the eastern leg of Gulf Stream Avenue at least partially or wholly would be closed in the summer of 2004; however, the left turn lane from US 41 onto Main Street and Marina Plaza would not occur until the summer of 2006; that one project depends upon the other; that having no access into the Downtown from either north and south will create a major problem; that moving some of the improvements up is desired; and asked for clarification regarding the schedule? Mr. Freija stated that people can still make a left turn and use Palm Avenue, First or Second Streets to travel into the Downtown; that people traveling south can utilize Ringling Boulevard to access the Downtown, if the eastern leg of Gulf Stream Avenue is fully closed, until the left turn lane is constructed at the intersection of US 41 and Main Street; that the concern is a significant number of people are utilizing the intersection to access Fruitville Road to avoid a right turn at US 41, which was discussed with FDOT; that the preference is to attempt a partial closure for one or two years and to monitor the effect, which was supported by FDOT; that funds are not yet available to construct the left turn lane at the intersection of US 41 and Main Street; that negotiations regarding existing development agreements in the area will take place; that some Congestion Management System funds can be pursued once the project is approved; that the schedule is not firm at this time; that making an obligation for an earlier date without having funding in place is a concern; that the permitting process is lengthy; that FDOT, the Southwest Florida Water Management District (SWFWMD), and others will be involved in review of the project, once approved, due to the proximity to the water. Commissioner Palmer stated that the intent is not to push the schedule further than appropriate; that the request is to push dates forward if possible; that the direction desired by the Commission is to see some improvements constructed as quickly as possible. Mr. Frieja stated that Staff feels the same; that an attempt will be made to move projects quickly through the process; however, dedication toward a certain timeline cannot be provided at this time since funding is not in place. BOOK 56 Page 27628 04/19/04 2:30 P.M. BOOK 56 Page 27629 04/19/04 2:30 P.M. Mayor Martin asked if consensus has been reached to move forward with Key Project No. 2 for a three-leg multi-lane roundabout at the intersection of Bayfront Drive and Gulf Stream Avenue? Vice Mayor Servian and Commissioners Atkins, Bilyeu, and Palmer stated yes. Mayor Martin stated that Key Project No. 3 is the four-leg multi-lane roundabout at the intersection of Tamiami Trail and Fruitville Road. Mr. Freija stated that a signalized intersection versus a roundabout was considered; that a roundabout can operate at the intersection at a Level of Service D; that a signalized intersection will operate at a Level of Service E; that a dual southbound to eastbound left on US 41 will be constructed; that the project is part of the Development Agreement with the Ritz-Carlton Hotel and Condominiums; that the City has pursued the project with FDOT for the past two to three years; that the project is included in the MPO's Congestion Management System funds; that the City has different design parameters than FDOT; that FDOT utilizes the geometric design index for highway designs; that the City utilizes design criteria from the State American Association of State Highway and Transportation Officials (AASHTO) Green Book; that AASHTO design criteria are mainly for small cities and counties; that City Engineer Daughters served as part of the AASHTO Green Book Committee; that acquisition of right-of-way will be necessary to construct a roundabout or a signalized intersection; that the improvement is expensive, costing approximately $17 million; that the hope is to negotiate the gain with SLAB, LLC, with whom the City has a Development Agreement associated with the Ritz-Carlton Hotel and Condominiums project; that the Development Agreement was originally with Core Development and C. Robert Buford but was assigned to SLAB; that some of the right-of-way from the Splash store could possibly be acquired, if necessary; that negotiations are also possible with the developer of any future project at the future Quay property; that the roundabout can be shifted 90 degrees; that all the properties in the area will not be impacted; that experts in roundabouts will be necessaryi that the worse case scenarios are being presented; that roundabouts experts can provide detailed information during the design phase; that the cost of the roundabout versus the benefit was a personal struggle; that improvements are required; that a dual left and a continuous right turn lane are necessary between Fruitville Road and US 41; that the cost of the improvement is more than is presented at this time; that the preference is to construct the roundabout which is consistent with the Downtown Master Plan 2020; that the roundabout will provide for a continuous, free flow of traffic and is a nice gateway into the City. Mayor Martin stated that the understanding is the options for the roundabout and the signalized intersection are both costly due to the necessity to acquire right-of-way. Mr. Freija stated that the roundabout will be less costly than the signalized intersection since acquisition of right-of-way from Fruitville Road to Gulf Stream Avenue will be required to accommodate the continuous right turn lane. Commissioner Palmer stated that the project is indicated at a time frame of 11 and 20 years, which is considered long range; and asked for clarification regarding short-term plans going forward, which is the concern of many people. Mr. Freija stated that some improvements have already taken place at the intersection of Fruitville Road and Tamiami Trail; that the left turn lane has been extended westbound to southbound; that a dual left turn lane exists at this time; that the inbound left turn lane was extended to Cocoanut Avenue which was one of the improvements required of the City; that negotiations with FDOT regarding phasing of the project continue; that Staff remains optimistic. Commissioner Palmer stated that EDOT has been waiting to see the direction the community and the City wishes to take; that discussions with FDOT will be easier once definitive decisions are made; that FDOT will likely not take a position if the direction of the City is not known; that working with FDOT may become easier if the Commission makes some decisions regarding the projectsi; that the Downtown Mobility Study was funded by FDOT; that the belief is FDOT will assist the City once the Commission provides definitive direction. Mayor Martin agreed. Commissioner Atkins stated that a question was who else would participate in the project for a four-leg multi-lane roundabout at the intersection of Tamiami Trail and Fruitville Road, since BOOK 56 Page 27630 04/19/04 2:30 P.M. BOOK 56 Page 27631 04/19/04 2:30 P.M. the project is estimated to cost $17 million; that the hope is assurance will be provided earlyi that obtaining an understanding with FDOT is important prior to committing to a project costing $17 million; that the owners of the Quay property will likely be willing to participate; that the owners may or may not be advocates of roundabouts, which should be verified early on. Mr. Freija agreed; that FDOT has been identified as one of the players regarding the project; that the intersection is a State roadway; that FDOT's participation along with the City and the developer will be requested; that FDOT will have the burden of identifying some funds to improve the level of service at the intersection; that Commission approval of the recommendation provides Staff a tool to carry forward to FDOT and discuss funds, design, and measures for implementation. Vice Mayor Servian stated that the transportation impact fees are a consideration; that certain large scale developments will have a large scale impact and should pay a large scale impact fee; that a roundabout at the intersection of Tamiami Trail and Fruitville Road will reduce the amount of asphalt; that the cost will be astronomical to purchase right-ot-way; that more lanes of traffic will result if a roundabout is not constructed; that additional lanes of traffic are not aesthetically pleasing as a gateway into the Downtown. Commissioner Bilyeu stated that roundabouts are supported; that a significant amount of research has been personally conducted; that the hope roundabouts at Tenth Street, Boulevard of the Arts, and Fruitville Road are included in the improvements; that roundabouts are safe; that people will become used to roundabouts; that the Quay property is a negotiable item; that the City owns two sides of Tenth Street; that widening two lanes of US 41 in front of the Sarasota Renaissance has been discussed in the Cultural District Master Plan; that the feasibility of widening two lanes of US 41 from Gulf Stream Avenue to Ringling Boulevard to provide a median which will assist with pedestrian crossing has been discussed; that the long term improvement will like cost $30 million in the future; that the cost of the project is estimated at $17 million; however, the estimate was projected during 2003. Commissioner Palmer stated that the concept of a roundabout at Tenth Street and US 41 raised by Commissioner Bilyeu has been pondered; that the improvement is not included in the Downtown Mobility Study but should be considered on a "wish list"; that the Cultural District Master Plan includes a boulevard in front of the cultural district, which could include Tenth Street; that the improvement could be absolutely beautiful if the City pursues the direction for a cultural district in the area; that Tenth Street as an incredible entry into the City is envisioned; that a study has not been conducted; that discussions have taken place in which people should be encouraged to utilize Lemon and Orange Avenues into the Downtown; that Lemon Avenue is a four lane highway and is not highly utilized; that other alternatives are envisioned as a result of the discussion. Mayor Martin stated that focusing on the Key Projects is important; however, identifying other alternatives is appreciated; that aesthetics, beautifying the City, and improving the pedestrian network are also part of the discussion; and asked if consensus has been reached concerning Key Project No. 3 to construct a four-leg multi-lane roundabout at the intersection of Tamiami Trail and Fruitville Road? Vice Mayor Servian stated that the project is supported. Commissioners Palmer and Bilyeu agreed. Commissioner Atkins stated that support for the project cannot be provided at this time. Mayor Martin stated that the belief is other fellow Commissioners are not entirely convinced of the recommended Key Projects; that sufficient detail would provide total assurancei however, the suggestion is to move forward in support of projects which seem sensible. Commissioner Atkins stated that moving forward with the project is supported. Mayor Martin stated that Key Project No. 4 is at the US 301 and Fruitville Road intersection. Mr. Freija stated that the Downtown Master Plan 2020 recommends a roundabout at the intersection of US 301 and Fruitville Road; that a planning and technical analysis for a roundabout was conducted; that the analysis indicated a roundabout the size of a football field would be necessaryi that constructing the roundabout was not BOOK 56 Page 27632 04/19/04 2:30 P.M. BOOK 56 Page 27633 04/19/04 2:30 P.M. deemed appropriate; that eleven specific projects were identified to ease congestion at the intersection of US 301 and Fruitville Road; that the intersection is currently strained; that not much can be done to improve the problem other than attempting to minimize the number of vehicles attempting to make left and right turns out of the intersection onto Fruitville Road. Mayor Martin stated that hearing no objections, the Commission supports Staff's recommendation to not construct a roundabout at the intersection of US 301 and Fruitville Road and to move forward with the 11 identified projects which will assist in alleviating the congestion in the area. Mayor Martin stated that Key Project No. 5 includes single lane roundabouts at the intersection of Ringling Boulevard at Palm Avenue and the intersection at Ringling Boulevard at Pineapple Avenue. Mr. Freija stated that the roundabouts are personal favorites since the intersection at Ringling Boulevard and Palm Avenue is prone to accidents and is problematic; that a roundabout will minimize the number of accidents; that the pedestrian movement will also be improved; that a roundabout at Ringling Boulevard and Pineapple Avenue is also another way to improve the geometry of the intersection; that the intersection is presently awkward; that the roundabout will minimize the existing conflict points; that typically a signalized intersection has 32 conflict points for vehicular traffic and 24 for pedestrians; that roundabouts reduce the conflict points to eight for both vehicular traffic and pedestrians. Mayor Martin stated that the understanding is Key Project No. 5 is proposed as the first roundabout project. Mr. Freija stated that is correct; that Staff's philosophy is to construct smaller roundabouts first; that a roundabout at Hillview Avenue and Osprey Avenue is recommended in the City's Capital Improvement Program (CIP); that a roundabout has been constructed at Hillview Avenue and Laurent Place which is operating fine. Commissioner Palmer stated that the narrowing of the laneage on Ringling Boulevard has been heard as a concern. Mr. Freija stated that a four lane roadway can be maintained between the roundabouts; that the roadway can be merged into two lanes upon reaching the throat of the roundabout but is not the preference of roundabout experts; that a roundabout allows additional capacity to the roadway segment; that a four lane roadway is not necessary since the additional capacity has been added and the roundabout provides for a continuous free flow of traffic; that maintaining a four lane roadway can be researched in the future to 2025; that minimizing the conflict points is the goal; that merging traffic could be problematic; that Staff supports the concept of the roundabout; however, the design is not final. Commissioner Palmer stated that Key Project No. 5 is supported. Vice Mayor Servian and Commissioners Atkins and Bilyeu agreed. Mayor Martin stated that consensus has been reached in support of Key Project No. 5 regarding roundabouts at the intersection of Ringling Boulevard and Palm Avenue and the intersection of Ringling Boulevard and Pineapple Avenue. Mayor Martin stated that Key Project No. 6 concerns bicycle networks. Mr. Freija stated that improving bicycle safety and comfort within the Downtown area and encouraging more bicyclists to ride is the intent of the Downtown Master Plan 2020; that the project is consistent with the Parks + Connectivity Master Plan; that FDOT methodology was used; that the City is doing well to improve the bicycle network; that additional improvements are required over the next few years. Mayor Martin stated that Key Project No. 6 is indicated for a six to ten year period; and asked the reason for not addressing the improvements sooner? Mr. Freija stated that some of the bicycle network improvements are indicated along US 41, which are based on anticipated development in the future; that the improvements will be addressed if development occurs sooner than anticipated. Mr. Daughters stated that Key Project No. 6 is indicated for a six to ten year period due to funding; that funding currently exists in the CIP for some of the improvements. BOOK 56 Page 27634 04/19/04 2:30 P.M. BOOK 56 Page 27635 04/19/04 2:30 P.M. Mayor Martin stated that the assumption is the Commission agrees with Key Project No. 6 to improve the bicycle network. Vice Mayor Servian and Commissioners Atkins, Bilyeu and Palmer, stated yes. Mayor Martin stated that Key Project No. 7 is to improve the pedestrian network. Mr. Freija stated that Key Project No. 7 relates to Key Project No. 8 which addresses the enhanced ability to cross US 41, in particular at the Bayfront and at the First Street un-signalized intersection; that the desire is to eventually improve the walkability and make improvements to the sidewalk systems in the Downtown, which is consistent with the Downtown Master Plan 2020 and the Parks + Connectivity Master Plan; that several projects involving sidewalks are ongoing such as the Multi-Use Recreation Trail (MURT); - that a sidewalk construction program currently exists in the City in which sidewalks have been constructed in many of the neighborhoods; that the goal is to maintain a good quality level of service for the walking community. Mayor Martin stated that hearing no objections, Key Project No. 7 is supported. Mayor Martin stated that Key Project No. 8 concerns pedestrian sleeves. Mr. Freija stated that Key Project No. 8 is difficult due to land use issues; that the goal is to provide connectivity to the Downtown which is difficult due to the development occurring to the west; that the hope is to create a safe pedestrian path which will encourage the majority of the community living to the west to walk to the Downtown rather than depending on a vehicle; that First Street is recommended in the Downtown Master Plan 2020 as one of the best locations for a pedestrian sleeve; that the intersection of US 41 and First Street was reviewed extensively; that FDOT is a partner in the Downtown Mobility Study; that projects must be consistent with FDOT policyi that FDOT does not support certain recommended pedestrian crossings at this time; that. approving the concept of a pedestrian sleeve at US 41 and First Street will provide Staff with some criteria for approaching FDOT with creative ideas for the pedestrian sleeve; that Staff can work with FDOT to develop good plans if the community and Commission provide support; that many design elements are possible. Mr. Daughters referred to the Implementation Handbook regarding the pedestrian network; and stated that 13 project locations for pedestrian sleeves are included; that 11 of the thirteen project locations are located at signalized intersections. Vice Mayor Servian stated that having a pedestrian crosswalk mid-block between two roundabouts on the busiest road in the City is a concern from a safety perspective; that the understanding is study of the pedestrian crosswalk will continue if the project is approved at this time; that upon further study, a decision may be reached not to construct the pedestrian sleeve. Mr. Freija stated that is correct; that a consensus to approve the project allows Staff to consider the project as part of the detailed analysis at the time the overall corridor is reviewed as part of the design of the roundabout; that Staff will report the outcome of the analysis back to the Commission. Commissioner Palmer stated that considering the pedestrian sleeve at the intersection of US 41 and Eirst Street is important; that people are crossing the street at this time, which will likely continue; that some sort of pedestrian connection is necessaryi; that stopping midway between the roadway assists in crossing the intersection but is dangerous. Mr. Freija stated that engineering and planning professionals have not yet reached consensus regarding pedestrian sleeves; that other alternative examples are available which can be provided to FDOT. Mayor Martin stated that remaining open to all possibilities is important; that the pedestrian sleeve at US 41 and First Street should not be discounted. Commissioner Bilyeu stated that a pedestrian overpass should be considered as an alternative; that pedestrian overpasses should not be discounted in areas which may require enhanced safetyi that one study conducted indicated pedestrian overpasses should be used; that the Downtown Mobility Study indicates pedestrian overpasses should not be used; that the option for studying use of pedestrian overpasses should remain open. BOOK 56 Page 27636 04/19/04 2:30 P.M. BOOK 56 Page 27637 04/19/04 2:30 P.M. Mr. Freija stated that Staff is willing to consider a pedestrian overpass as an alternative; however, the principles of new urbanism do not support elevated pedestrian crossings or overpasses; that from an engineering perspective, elevated pedestrian crossings increase the pedestrian crossing distance; that the crossing length is increased due to Americans with Disabilities Act (ADA) requirements; that detailed analysis was conducted which indicates people do not utilize pedestrian overpasses unless connected with specific land uses such as a conference center to retail uses; that pedestrian overpasses are only used during certain times of the day. Commissioner Bilyeu stated that a pedestrian overpass should be considered as an alternative to the pedestrian sleeve, if the pedestrian sleeve will not work. Mr. Freija stated that new urbanist experts will be consulted; that spending money to construct a pedestrian overpass which is not used would be a concern; that Staff is confident ideas will be identified which will complement and provide a safe way to cross the intersection; that many options exist which will be fully identified during the design phase; that Staff will study the possibility of a pedestrian overpass as an alternative, if desired by the Commission. Commissioner Atkins stated that an alternate way for pedestrians to cross is supported if a safe pedestrian crosswalk is not possible; that elevators rather than a long ramp could carry people to a pedestrian overpass; that some intriguing ideas are available; that a pedestrian overpass should be considered as an alternative; that no one enjoys crossing US 41 at any point; that some kind of elevated crossing should be included in the area of Ringling Boulevard and US 41. Mayor Martin stated that the Commission's consensus heard is to move forward conceptually with Key Project No. 8 and to consider a pedestrian overpass as an alternative; that pedestrian overpasses have been constructed in other States and Countries; that further study is necessary. Vice Mayor Servian stated that aesthetically pleasing alternatives exist, which should be studied; that a pedestrian crosswalk at the intersection of US 41 and First Street provides an uncomfortable feeling; that the belief is upon further study, a pedestrian crosswalk will not be constructed if deemed unsafe. Mayor Martin agreed. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to continue the afternoon session until 5:00 p.m. or until completion of the Agenda of the afternoon session. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Mayor Martin stated that Key Project No. 9 is for a dedicated bus lane on Cocoanut Avenue from Fruitville Road to Dr. MLK Way. Mr. Freija stated that rather than starting from the beginning, all the studies regarding transportation improvements adopted by either the MPO, Sarasota County, or the Sarasota/Bradenton International Airport were reviewed; that the Renaissance Planning Group is the consulting organization which conducted the Public Transportation System Analysis (PTSA) for the MPO; that the PTSA recommended a bus rapid transit with dedicated bus lanes and consideration of some signal preemptions; that a low headway such as 15 minutes per hour is suggested; that the bus rapid transit route should be between Ellenton, Florida, and Sarasota Square Mall; that the scope of the PTSA did not include identifying the exact location of the bus rapid transit corridors; that the PTSA indicated the corridor should be within the US 41 parameters; and quoted the PTSA as follows: The corridor should be within the US 41 parameters and therefore, may operate on a parallel facility such as Old Bradenton Road, Cocoanut Avenue, or the CSX rail line, which are within the US 41 corridor. Mr. Freija continued that the consultant recommended a dedicated bus lane based on the future land use anticipated in the City, which is deemed by Staff as a rail system; that a dedicated bus lane is recommended on Cocoanut Avenue with signal preemptions to trigger the signal for the buses only; that the recommendation is related to the bus queue jump lanes which are necessary if a bus is to maintain a 15 minute headway; that buses should have priority over other vehicles or will be delayed in traffic, therefore, losing headwayi that dependable headway is necessary to entice ridership; that the improvement will be in two phases; that a bus route through the neighborhood BOOK 56 Page 27638 04/19/04 2:30 P.M. BOOK 56 Page 27639 04/19/04 2:30 P.M. presently exists; that the first phase is to encourage and work with SCAT to improve headways; that a one hour headway exists at this time; that the hope is to reduce the headway to 30 or 15 minutes; that funds will eventually be necessary; that a committee and the Renaissance Planning Group are working together toward developing bus rapid transit between Sarasota and Manatee Counties; that Key Project No. 9 will fulfill part of the need for bus rapid transit between Sarasota and Manatee Counties. Mayor Martin stated that Key Project No. 9 was originally clearly supported; that some of the concerns which have come forth from the neighborhood and some misunderstanding on the part of the Commission have resulted in increasing the importance of the project. Commissioner Palmer stated that a letter was received from the Central Cocoanut neighborhood this afternoon indicating concern regarding the impact of a dedicated bus lane on Cocoanut Avenue; that the project is long term; that opportunities will be available for Staff to discuss the project with the neighborhoods; that bus routes presently exist on Cocoanut Avenue; that the Bayou Oaks, Central Cocoanut, and Dr. MLK Way area neighborhood residents should have input regarding the project. Mr. Freija stated that Key Project No. 9 remains as a concept, if the Commission provides approval at this time; that Staff will proceed with the first phase which includes exploration of funds to improve the headways of the existing bus route in the area; that the second phase to construct a dedicated bus lane must be incorporated into the City's Comprehensive Plan which will take approximately two to three years; that the project will be incorporated in the CIP once included in the City's Comprehensive Plan; that the project will be brought before the public once the funds are available; that preliminary engineering studies are then performed which are brought before the Commission for approval; that the project is brought back before the Commission at the time the final designs are being prepared; that approval of Key Project No. 9 will allow the committee and the Renaissance Planning Group to continue with the study. Commissioner Atkins stated that other projects have become problematic in the Central Cocoanut neighborhood; that bus rapid transit is supported; that lower income families will require a bus rapid transit system due to the extreme price of gas; that light rail is the best alternative; that neither Sarasota nor Manatee Counties are working with the City to develop a plan for a light rail system; that the community will be placed at risk if Key Project No. 9 is approved; that Key Project No. 9 is not supported at any point in the process. Mayor Martin stated that to clarify, the understanding is by designating a dedicated bus lane on Cocoanut Avenue, the pressure will be removed for doing the right thing which is to create a light rail corridor. Commissioner Atkins stated that is correct. Vice Mayor Servian agreed with the views expressed by Commissioner Atkins; and stated that the alternatives for a parallel facility such as Old Bradenton Road, Cocoanut Avenue, or the CSX rail line will no longer exist if Key Project No. 9 moves forward; that the bus rapid transit system should be located at the CSX rail line; that the second phase of the project indicates two transit stations in the middle of Cocoanut Avenue; that the reason to construct two transit stations in the middle of a neighborhood is not understood; that efforts to improve the Central Cocoanut neighborhood through grant funding and Neighborhood Action Strategies are underway; that the hope of the Central Cocoanut neighborhood is to become more neighborly and connected. Mr. Freija stated that the PTSA is extensive; that land uses and the projection for the future were reviewed; that the improvement is planned 20 years in the future and not in the next five years; that constructing a dedicated bus lane on Cocoanut Avenue from Fruitville Road to Dr. MLK Way made sense; that most of the recommended alternatives were in the City, which was shocking; that the land use which must complement the transit system was identified in the PTSA; that the PTSA refers to the system as an exceptional transit facility which needs to move people; that the PTSA was likely attempting to justify a rail system but could not; that communities usually support a bus system through the neighborhood since everyone will be served; and quoted the PTSA as follows: Providing good transit system is only one part of the equation to build an effective transit system. It is recommended that the two counties jointly prepare BOOK 56 Page 27640 04/19/04 2:30 P.M. BOOK 56 Page 27641 04/19/04 2:30 P.M. redevelopment plans . that these plans would create a more intensive land use pattern leading to the creation of compact transit centers that include a clustering of different land uses such as retail, apartment, and offices around stations. It is recommended that transit centers be developed as quarter mile zones or nodes with a pedestrian scale street pattern and building located in relatively close proximity to the street and to each other. Mr. Freija stated that a significant amount of detail is included in the PTSA; that the reason the MPO performed the PTSA is due to fund availability to construct improvements to move vehicles; that a needs analysis was performed by the MPO for the long range transportation plan which indicated the John Ringling Causeway Bridge (Ringling Bridge) will require 12 lanes; that the PTSA was conducted as transportation improvements cannot be realized with infrastructure improvements alone; that further analyses were also necessary; that the PTSA was developed to complement all of the analyses. Commissioner Bilyeu stated that communication between the City and neighborhoods has been a key concern; that discussions have taken place with Mr. Freija; that a complete understanding of the project was obtained; that the project is supported since the first phase is considered important to the neighborhood; that the second phase is required to come back before the Commission; that the design may change; that transportation projects are long range extending 15 to 20 years; that a nice, circulating transit system in the Downtown core and perhaps into the Newtown area is anticipated in the future; that Key Project No. 9 is supported. Mayor Martin stated that the views expressed by Commissioner Bilyeu are appreciated; that the project is conceived as the best case scenario; that the many concerns raised by the neighborhood raised the question of the possibility of the project becoming the worst case scenario; that the decisions made at the table commit future Commissioners to aim toward the best case scenario; that making decisions at the table is sometimes a gamble; that a distinct light rail system with sufficient headways is envisioned sO people will not have to drive; that the light rail system could be an electric vehicle or some sort of hybrid means of transportation; that the traffic on Cocoanut Avenue will be unbearable 10 to 20 years in the future; that the dedicated bus lane on Cocoanut Avenue will assist in mitigating the impact; that projecting future needs is difficult; that Key Project No. 9 is supported; that the pressure for light rail should continue; that the City's representatives on the MPO should incessantly pressure the need for the multi-jurisdictional community to unite in support of a light rail system as a viable alternative; and asked for clarification regarding the proposed two transit stations located in the middle of the Cocoanut Avenue right-of-way. Mr. Freija stated that the plan is conceptual at this time; that the design of the transit station design is unknown at this time; that further research will be conducted in 10 years; that right-of-way on Cocoanut Avenue will be accommodated; that in the future, Cocoanut Avenue could become a transit corridor without vehicles; that further discussions can take place with other jurisdictions once the Key Project No. 9 is approved. Mayor Martin stated that the pedestrian experience in the area is a concern. Mr. Freija stated that the improvement must complement the pedestrian experience; that Cocoanut Avenue could become a transit/pedestrian corridor. On motion of Commissioner Bilyeu and second of Commissioner Palmer, it was moved to approve Key Project No. 9 for a dedicated bus lane on Cocoanut Avenue. Commissioner Bilyeu stated that the need for continued communication between the City and the neighborhoods in the area is stressed. Commissioner Palmer stated that the City's members of the MPO should ensure other identified alternatives remain open; that the neighborhoods should be included in the discussion; that Key Project No. 9 is an important piece of the entire intermodal connection; however, options should remain open to consider other alternatives. Commissioner Atkins stated that removing Cocoanut Avenue from the discussion concerning a dedicated bus lane and moving toward consideration of the other identified alternatives was the intent. Vice Mayor Servian agreed; that the goal is admirable; however, the concern is the dedicated bus lane will be located on Cocoanut Avenue and the other identified alternatives will not BOOK 56 Page 27642 04/19/04 2:30 P.M. BOOK 56 Page 27643 04/19/04 2:30 P.M. be explored, if Key Project No. 9 is approved; that moving toward the CSX rail line as an alternative is considered appropriate; that the City's representatives to the MPO should continue to apply pressure toward the CSX rail line. Mayor Martin stated that the decision concerning Key Project No. 9 has been difficult; and called for a vote on the motion to approve Key Project No. 9 for a dedicated bus lane on Cocoanut Avenue. Motion carried (3 to 2): Atkins, no; Bilyeu, yes; Palmer, yes; Servian, no; Martin, yes. Mr. Daughters requested clarification regarding the direction of the Commission concerning the alternative relating to the CSX rail line corridor. Mayor Martin stated that the direction is to move forward conceptually but to also consider the alternative relating to the CSX rail line corridor, in a similar manner to the direction provided for Key Project No. 8 which is to move forward but also to consider a pedestrian overpass as an alternative. Vice Mayor Servian and Commissioner Palmer agreed. Mayor Martin stated that Key Project No. 10 concerns bus queue jump lanes at Fruitville Road and US 301. Mr. Freija stated that Key Project No. 10 is interrelated with Key Project No. 9; that to maintain the 15 minute headway, the capacity for vehicles will be sacrificed; that the project is long term over 20 years. Vice Mayor Servian stated that the plan is long range from 11 to 20 years in the future; that exploring methods for encouraging people to ride the bus rather than drive is necessaryi that otherwise, traffic will be unbearable. Commissioner Atkins stated that many of the Key Projects are connected; that Key Project No. 10 is connected with Key Project No. 9, which was not personally supported; therefore, Key Project No. 10 is not supported. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to support Key Project No. 10 regarding bus queue jump lanes at Fruitville Road and US 301 as presented. Motion carried (4 to 1): Atkins, no; Bilyeu, yesi Palmer, yesi Servian, yes; Martin, yes. Mayor Martin stated that Key Project No. 11 concerns re-designation of US 41; that the Commission determined not to pursue re-designation of US 41 at the March 15, 2004, Regular meeting. Mayor Martin continued that Key Project No. 12 concerns the Transportation Concurrency Exception Area (TCEA) policy. Mr. Freija stated that the City has had a TCEA since 1998; that essentially, as defined, the TCEA is a Transportation Concurrency "Reduction" Area rather than a Transportation Concurrency "Exception" Area; that the program is site specifici that the recommendation is to provide Staff with the direction to proceed to develop a comprehensive program for the entire Downtown area; that several Key Projects for the Downtown have been identified; that the goal is to create a program in which any development within the established boundaries can hopefully participate financially to implement and expedite improvements. Commissioner Palmer stated that the term "hopefully" is a concern; that developers will participate financially. Mr. Freija continued that a significant amount of work is necessary prior to establishing a program; that the program will require approval by the Commission, the Department of Community Affairs (DCA), and FDOT. Mayor Martin asked for clarification regarding the process concerning concurrency and transportation issues prior to establishing a program. Mr. Freija stated that the TCEA will apply if the proposed development is within the Downtown area; that the TCEA will be maintained until a fully developed program comes before the Commission for approval and is submitted and approved by FDOT and the DCA; that the approved program will then be implemented and adopted in the City's Comprehensive Plan; that the process will take approximately three to four years. Mayor Martin asked for clarification regarding use of the impact fees. BOOK 56 Page 27644 04/19/04 2:30 P.M. BOOK 56 Page 27645 04/19/04 2:30 P.M. Mr. Freija stated that use of the impact fees will depend on the impact of the development to the surrounding area. Vice Mayor Servian asked if the required fees could be used within the area of the development? Mr. Freija stated that the program is not yet fully outlined and will be developed with the help of the City Attorney's Office; that creating a sensitive program is necessary; that a fully developed program will be brought back before the Commission in the future; that the existing TCEA could be extended throughout the Downtown. Commissioner Bilyeu stated that Key Project No. 12 is supported; that the large picture regarding traffic concurrency is understood; that the City should be aggressive in identifying parking spaces; that a significant amount of development has been taking place in the Downtown without any requirement for self contained parking; that additional parking is necessary. Mayor Martin stated that the Commission's consensus has been heard regarding Key Project No. 12 concerning the TCEA; and expressed thanks to Staff for the hard work and to the Commission for working through the issue; that the information included in the Agenda backup material is informative, helpful, and appreciated. Commissioner Palmer stated that Staff is requested to bring back the specific Mobility Now! recommendations and a timeline for implementation of improvements over the next one to three years. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to extend the meeting through to the end of the afternoon Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Commissioner Bilyeu stated that additional time to study the recommendations and to discuss concerns with Staff was available since the issue was continued from the March 30, 2004, Special meeting, which is appreciated; that the decision making process was easier. Mr. Daughters stated that thanks are extended to FDOT; that FDOT was a partner with the City regarding the development of the Downtown Mobility Study; that the City prefunded the Downtown Mobility Study; however, FDOT will refund the City; that FDOT has expended a significant amount of time and effort toward the Downtown Mobility Study; that FDOT will continue as a partner going forward. Mayor Martin stated that the entire Commission appreciates the efforts of FDOT. 11. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1745, APPROPRIATING $165,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE OLD PENNY SALES TAX FUND (127) TO FUND ADDITIONAL EXPENDITURES FOR THE LEMON AVENUE STREETSCAPE PROJECT, AND ENGINEERING EXPENSES FOR CHANGES MADE BECAUSE OF THE WHOLE FOODS DEVELOPMENT AND THE SCAT TRANSFER STATION, ; ETC. ADOPTED WITH THE LANGUAGE IN THE TITLE TO INDICATE ONLY FUNDING FOR ADDITIONAL EXPENDITURES FOR THE LEMON AVENUE STREETSCAPE PROJECT AS THE PURPOSE (AGENDA ITEM VII-1) CD 5:02 through 5:04 Mayor Martin stated that the item was pulled from Consent Agenda No. 2 by Commissioner Palmer and concerns proposed Resolution No. 04R-1745 appropriating $165,000 from the unappropriated fund balance of the old Penny Sales Tax Fund for additional expenditures for the Lemon Avenue Streetscape Project, and engineering expenses for changes made due to the Whole Foods Market Centre project and the Sarasota County Area (SCAT) transfer facility. Commissioner Palmer stated that the item was pulled due to questions regarding the engineering expenses for changes made due to the Whole Foods Market Centre project and the SCAT transfer facility; that the language in the proposed Resolution should be clarified since the appearance is adjustments and changes are being made due to the Whole Foods Market Centre project and the SCAT transfer facility, which is not the case. City Manager McNees stated that the language of proposed Resolution No. 04R-1745 does not provide clarity as to the purpose of the project; that a suggestion is to include only the following language in the title of proposed Resolution No. 04R-1745 related to the purpose: BOOK 56 Page 27646 04/19/04 2:30 P.M. BOOK 56 Page 27647 04/19/04 2:30 P.M. to fund additional expenditures for the Lemon Avenue Streetscape Project. Commissioner Palmer agreed. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1745 in its entirety. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution No. 04R-1745 with the language in the title to indicate only funding for additional expenditures for the Lemon Avenue Streetscape project as the purpose. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 12. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 5:04 There was no one signed up to speak. Mayor Martin stated that Agenda Item IX, Commission Board and Committee Reports, Agenda Item X, Remarks of Commissioners, Announcements and Items for Next Agenda, and Agenda Item XI, Other Matters/Administrative Officers, are typically heard during the afternoon session and asked the wishes of the Commission. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to continue Agenda Items IX, X, and XI to the end of the evening session. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. The Commission recessed at 5:08 and reconvened at 6:00 p.m. 13. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MARCH 2004, OFFICER CLIFF CESPEDES, / SARASOTA POLICE DEPARTMENT (AGENDA ITEM XII-1) CD 6:00 through 6:11 Mayor Martin requested that Peter Abbott, Chief of Police, Captain Thomas Duncan, and Officer Cliff Cespedes, Sarasota Police Department and Employee of the Month for March 2004, join him and the Commission at the Commission table. Mayor Martin stated that Officer Cespedes is one of the actors with The Players Theatre who visited China during the recent trip with the Sarasota Sister Cities Association; that a ride along with Officer Cespedes occurred a couple weeks ago which was an eye opening experience to observe the activities of the police officers and the Sarasota Police Department to maintain public safety; that the situations experienced included psychotic episodes, domestic abuse, and traffic infractions; that police officers must be ready to move into an emergency mode and at the same time demonstrate a gentle and professional attitude toward the public. Chief Abbott stated that Officer Cespedes has accomplished significant achievements; that Officer Cespedes identified two perpetrators of a homicide within minutes of the homicide; that Officer Cespedes arrested a person wanted for five commercial burglaries; that everyone sleeps better as Officer Cespedes is an excellent officer. City Manager McNees stated that honoring Officer Cespedes is a pleasure; that while touring China with Officer Cespedes, Officer Cespedes's picture was featured on the front page of the local daily newspaper; that traveling all the way to China to be featured on the front page of a newspaper is ironic; that the only way a police officer's picture would be featured on the front page of a Sarasota newspaper would be as a result of wrong-doing; that the recognition of Officer Cespedes due to his actions in the past few months is appropriate; that the Sarasota Police Department deserves a great deal of credit; that Chief Abbott and Captain Duncan are commended for recommending Officer Cespedes as Employee of the Month for March 2004. Mayor Martin presented Officer Cespedes with a City-logo watch, a plaque, letters of commendation, and a certificate as the March 2004 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts and for serving with excellence and pride. Officer Cespedes recounted his experience of responding to a homicide on November 10, 2003, and subsequently apprehending two suspects; and stated that he loves working for the City and the BOOK 56 Page 27648 04/19/04 2:30 P.M. BOOK 56 Page 27649 04/19/04 2:30 P.M. people of the City and looks forward to many years of service to the City. 14. COMMISSION PRESENTATION RE : RECOGNIZING HUMAN RELATIONS BOARD CHAIR LOTTIE SWANN-CRAWFORD WHO WAS INDUCTED INTO THE CIVIL RIGHTS HALL OF FAME IN ROCKLAND COUNTY, NEW YORK, FOR HER TIRELESS EFFORTS TO ELIMINATE DISCRIMINATION OF ALL FORMS (AGENDA ITEM XII-2) CD 6:11 through 6:14 Mayor Martin requested that Lottie Swann-Crawford, Chair, City's Human Relations Board, join him and the Commission at the Commission table for the presentation; and stated that Ms. Swann- Crawford was met during a Sarasota Openly Addresses Racism (SOAR) symposium; that the community was aware focus was required to address discrimination and to recognize the value of diversity in the community; that Ms. Swann-Crawford had remarkable human relations experiences in New York; that a. Human Relations Board was established by the City which is a source of pride to the community; that Ms. Swann-Crawford is recognized for outstanding achievements and leadership in the fight to eliminate discrimination of all forms; that the presentation is to also recognize Ms. wann-Crawford's induction into the Civil Rights Hall of Fame in Rockland County, New York, for the tireless efforts to eliminate discrimination of all forms; that the City is thankiul to have Ms. Swann-crawtord in the community; and presented a plaque honoring Ms. Swann-Crawford for her induction into the Civil Rights Hall of Fame in Rockland County, New York. Ms. Swann-Crawford stated that she will continue to work until she gets old; that the Human Relations Board will continue to work to create fair housing for all people in Sarasota. 15. COMMISSION PRESENTATION RE: PROCLAMATION DESIGNATING MAY 1 THROUGH 8, 2004 AS NATIONAL SAFE KIDS WEEK IN THE CITY OF SARASOTA (AGENDA ITEM XII-3) CD 6:14 through 6:19 Mayor Martin requested that Joyce Raby, Chair, Sarasota SAFE KIDS Coalition, and Scott Montgomery, Life Guard Manager for Sarasota County, join him and the Commission at the Commission table for the presentation; read in its entirety the Proclamation declaring May 1 through 8, 2004, as National Safe Kids Week in the City; and presented the Proclamation appropriately framed to Ms. Raby and Mr. Montgomery. Ms. Raby stated that working with the City and the Commission is a pleasure; that the City is encouraged to continue the good work and working with the Florida Safe Kids Coalition. Mr. Montgomery stated that a May 1, 2004, event is scheduled and includes a demonstration of cardiopulmonary resuscitation (CPR), methods to make a home pool safe, proper fencing of pools, and proper pool chemistry; that the events are free of charge; that Officer William Schwenk of the Sarasota Police Department, a 1996 Olympic Gold Medalist, will attend the event; that the event is from 10:00 a.m. to 2:00 p.m. at Arlington Park Pool. 16. COMMISSION PRESENTATION RE : RESOLUTION NO. 04R-1729 DESIGNATING APRIL 2004 AS FAIR HOUSING MONTH IN THE CITY OF SARASOTA (AGENDA ITEM XII-4) CD 6:19 through 6:22 Mayor Martin stated that Resolution No. 04R-1729 is to designate April 2004 as Fair Housing Month in the City of Sarasota and requested that Ms. Lottie Swann-Crawford, Chair, City's Human Relations Board, join him and the Commission at the Commission table; read Resolution No. 04R-1729 adopted at the April 5, 2004, Regular Commission meeting in its entirety; and presented Resolution No. 04R-1729 appropriately framed to Ms. Swann-Crawford. 17. COMMISSION PRESENTATION RE: : FRAMED PICTURE FROM LIONHEART RADIO AND THE ALNWICK, ENGLAND DISTRICT COUNCIL (AGENDA ITEM XII-5) CD 6:22 through 6:25 Robert Atkins, Radio Presenter, Alnwick, England, came before the Commission and stated that he is a radio presenter for Lionheart Radio in Alnwick, England; that the City Commissioners, the City Manager, and the City Auditor and Clerk of the City of Sarasota during the Christmas holidays conducted a special promotion in Alnwick by recording Christmas greetings for presentation to the citizens of Alnwick; that Alnwick is the city in which the recent Harry Potter movie was filmed; that the framed picture is from the Alnwick District Council; and quoted from a plaque as follows: Warmest greetings to the Mayor, the Commissioners, Officials and Citizens of the City of Sarasota, from BOOK 56 Page 27650 04/19/04 2:30 P.M. BOOK 56 Page 27651 04/19/04 2:30 P.M. Alnwick, England. We thank those who contributed to our Christmas broadcast of Lionheart Radio and wish everyone all the best for 2004. Mr. Atkins continued that pictures of the Alnwick Commissioners and a diagram of an area known as Hogwarts are included in the plaque; that the Alnwick Commissioners meet in a castle; that Commission meetings were postponed as two Commissioners were extras in the Harry Potter film; and presented the plaque to Mayor Martin on behalf of the City. 18. SCHEDULED PRESENTATION RE: NEW DEVELOPMENTS AND ISSUES OF CONCERN OF KEEP SARASOTA COUNTY BEAUTIFUL DIRECTED THE ADMINISTRATION TO REVIEW THE ISSUES (AGENDA ITEM XIII-1) CD 6:25 through 6:33 Don Fleming, Chairman, Keep Sarasota County Beautiful Board, came before the Commission and stated that he has been on the Keep Sarasota County Beautiful Board for seven years and the Chairman for the past three years; that Keep Sarasota County Beautiful was originally a City program until the County took control of the program; that he has served on other advisory boards for approximately 20 yearsi that a new program has been created; that the Sarasota Police Department will participate in a one- day program similar to a program initiated in 2003; that individuals were ticketed for littering by throwing cigarettes out vehicle windows which is a significant issue concerning forest fires; that litter from cigarette butts is alarming; that the recent Amendment to the Florida Constitution banning cigarette smoking in restaurants forces people to smoke outside resulting in significant litter; that October 21, 2004, will be designated as a litter free day in Sarasota; that all law enforcement agencies will participate; that the Keep Sarasota County Beautiful board members will travel with the law enforcement officers for the day; that law enforcement officers have probable cause to stop individuals who throw cigarettes out of vehicle windows which may lead to discovering other infractions such as driving with a suspended license, open liquor containers, etc.; that the litter free day program is exciting; that assistance of any type is requested from the Commission; that he previously served on the board of the Sarasota Bay National Estuary Program; that the water situation in Sarasota is a concern; that the irrigation meter was removed from his home and xeriscape landscaping was installed as conserving water is vitally important; that the subsequent increase in the water bill was surprising; that the understanding is water usage between 1,000 to 12,000 gallons is the same price per gallon in the City; that the County charges higher rates as the usage increases; that people who conserve should be rewarded and people who waste should be penalized; that the Commission is requested to review the City's water billing process; that the City's minimum usage fee exceeds the County's. Mr. Fleming continued that the road over the John Ringling Causeway to St. Armands Circle is bordered by Australian Pines; that Australian Pines in Australia grow a 40 foot taproot into the ground; that the high saltwater table in Sarasota does not allow a deep taproot; that removal of the Australian Pines would allow the growth of the natural mangroves and vegetation in the area; that the City is requested to consider removal of the Australian pines; that Australian pines cause erosion; that safety and pollution issues exist at the dog's beach in the Cityi that dogs urinate and defecate on the beach and in the water; that many dog owners do not clean up after the dogs; that no safety precautions have been taken such as roping off the area at the construction site of the new seawall on the west side of the John Ringling Causeway Bridge; that people have been observed on the construction site and barges which poses a danger. Mayor Martin stated that hearing no objections, the Administration is directed to review the issues. 19. SCHEDULED PRESENTATION RE: SARASOTA MUSEUM OF ART (AGENDA ITEM XIII-2) CD 6:33 through 6:42 Dottie Baer Garner, Elaine Keating, Bill Hartman, Mark Kauffman, and Wendy Surkis, founders of the Sarasota Museum of Art, came before the Commission. Ms. Garner stated that the Founding Committee of the Sarasota Museum of Art is a group of Sarasota residents with a common interest and desire to have a modern and contemporary art museum in Sarasota; that the Sarasota Museum of Art will fill a void which exists in the City's culturally rich community; that progress has been made in founding the Sarasota Museum of Art; that the Mission Statement of the Sarasota Museum of Art is as follows: BOOK 56 Page 27652 04/19/04 2:30 P.M. BOOK 56 Page 27653 04/19/04 2:30 P.M. The Sarasota Museum of Art will exhibit, collect and preserve Modern and Contemporary art works of the highest quality, serve as an aesthetic, intellectual and educational asset to the community, and create a lasting legacy of cultural richness for the future of Sarasota. Ms. Surkis stated that in January 2004 an anonymous donor made a significant commitment to the Sarasota Museum of Art; that an opinion from the community regarding a museum is necessaryi that three public meetings were conducted; that dialog was conducted with other Sarasota cultural institutions; that 21 people attended the first public meeting, 62 attended the second public meeting, and 125 attended the third public meeting; that the progress of the project was discussed; that the attendees of the public meetings proudly endorsed the concept of having a modern and contemporary art museum in Sarasota. Mr. Hofiman stated that the Founding Committee hired an art museum consultant to assess the scope of the project and semblance with museums in comparable markets; that the consultant succinctly advised the Founding Committee to procure or construct an initial facility of 20,000 square feet with growth potential to 40,000; that approximately $300 per square foot should be budgeted for construction; that delaying construction until a significant endowment fund is developed was suggested; that the projected annual operating budget is $2 million; that a startup Downtown storefront presence to serve as a visible office for administrative and fundraising functions and allow a minimal display area was also suggested; that from this visible incubator, the Sarasota Museum of Art will be created; that a Downtown presence is contemplated in the near future. Ms. Keating stated that excellent concepts, significant energy, strong momentum, and a solid vision are good; however, funds are required to secure a temporary location; that a Challenge Gift was received in the amount of $100,000 as seed money for immediate requirements; that the Sarasota Museum of Art Founding Committee must raise an additional $100,000 by May 15, 2004, to receive the full amount of the Challenge Gift; that the Starters Circle was created for individuals contributing $1,000 or more; that all contributions are welcome and everyone's assistance is required; that in 26 days, the Founding Committee has raised $84,750 which proves the community supports the Sarasota Museum of Art; that the Founding Committee is cognizant the Sarasota Museum of Art community-based project requires the citizens of Sarasota to become involved; that committees are being organized; that the initial committees identified are: Business Planning - Fundraising - Site and Building Location = Art ellections/Collectors Identification - Marketing, Publicity, Advertising and Communications = Membership Development = Education Outreach Ms. Keating stated that the Founding Committee is comprised of volunteers and has the intent of bringing the Sarasota Museum of Art to reality. Mr. Hartman stated that an exciting aspect of the Sarasota Museum of Art is the mission to acquire and display a collection of art representing Sarasota's historic visual arts legacy; that the Sarasota Museum of Art collection will contribute to assisting Sarasota in retaining the reputation as a center for the arts; that the Sarasota Museum of Art will inform visitors regarding Sarasota's past and serve as inspiration for future generations of young people studying art; that the Sarasota Museum of Art has been urged to create an archive utilizing existing records of surviving older artists for future scholars who may wish to research and write about artists who have called Sarasota home; that residents of Sarasota possess excellent modern and contemporary art; that much of the art will remain in Sarasota if the community creates a proper showcase for the art; that the Sarasota Museum of Art can be of significant economic benefit to the community; that the Sarasota Museum of Art will be a year round destination for residents and tourists; that the Sarasota Museum of Art will add to the educational art venues available to school groups, seniors, visitors, and special interest groups; that the desire is for the Sarasota Museum of Art to become a part of the Sarasota cultural life. Ms. Keating stated that speaking with people in the community and raising initial seed money decidedly indicated Sarasotans are enthusiastic regarding the Sarasota Museum of Art and the time is right for Sarasota to have an art museum devoted to modern and contemporary art; that the Founding Committee has made BOOK 56 Page 27654 04/19/04 2:30 P.M. BOOK 56 Page 27655 04/19/04 2:30 P.M. significant accomplishments and has come before the Commission to indicate the progress and request support for the endeavor; that the City and the Founding Committee must locate a site in the City which is appropriate for the Sarasota Museum of Art. Ms. Surkis stated that the City and the Founding Committee can develop the Sarasota Museum of Art project; that today's inspiration can be tomorrow's heritage; that the supporters of the Sarasota Museum of Art, colleagues on the Founding Committee who have been devoted to the task, and the City are thanked. Ms. Garner stated that assigning a Staff member as a liaison with the Founding Committee would be appreciated; that an open meeting concerning the Sarasota Museum of Art will be held from 5:00 to 7:00 p.m. Wednesday, April 28, 2004, in the Commission Chambers. 20. SCHEDULED PRESENTATION RE: SARASOTA FILM FESTIVAL (AGENDA ITEM XIII-3) CD 6:42 through 6:56 Jody Kielbasa, Executive Director, and Hans Wohlgefahrt, Outreach Coordinator, Sarasota Film Festival, came before the Commission. Mr. Kielbasa displayed a short documentary movie about the Sarasota Film Festival prepared by a film school in Winter Park, Florida, on the Chamber monitors; and stated that the Sixth Annual Sarasota Film Festival featured 82 feature length and 73 short films of 20 World and US Premieres and 40 Southeast US and Florida Premieres; that attendance at the Sarasota Film Festival increased 60 percent to over 40,000 admissions to screenings; that the film screenings increased 75 percent over the previous year to 25,000; that 64 international films were screened representing 25 different countries; that over 130 filmmakers, celebrities, and industry insiders attended the Sarasota Eilm Festival; that attending celebrities included Sam Elliot, Valentina DeAngelis, Patrick Stewart, Robert Benton, Lindsay and Billy Crystal, The B-52s, Mario Van Peebles, Howie Mandel, Woody Harrelson, Louise Fletcher, Betty Buckley, Brad Renfro, among many others; that the Van Wezel Performing Arts Hall was sold out the opening night with Jennifer Love Hewitt; that the Sarasota Film Festival Preview Guide was distributed in the Sarasota Herald-Tribune to over 100,000 households in Charlotte, Manatee, and Sarasota Counties; that unprecedented publicity was received for the Sixth Annual Sarasota Film Festival; that the Sarasota Film Festival has become the largest film festival in the southeast US; that the Sarasota Film Festival has experienced significant growth in outreach and education with children in the community. Mr. Wohlgefahrt stated that the mission of the Sarasota Film Festival outreach and education programs is to foster an appreciation of film as an art form and to support the creative endeavors of local, international, and regional filmmakers; that a portion of the Sarasota Film Festival excitement is the number of students and participants in the outreach and education programs; that over 8,700 participants attended 25 free seminars on topics ranging from screenwriting to women filmmakers to B-movies; that audiences of children and families exceeded 1,200 for free KidsFest screenings and events; that two different in-school programs were offered and attended by 5,000 students during the Sarasota Film Festival; that over 40 public and private schools from Manatee, Sarasota, and Charlotte Counties participated in the Sixth Annual Sarasota Film Festival; that efforts continue year round to conduct programsi that one program is the Projections Free Outdoor Screening Series; that free technical support is provided to local filmmakers; that the upcoming Sarasota Film Festival will provide a larger family festival; that a screenwriting competition will be conducted. Mr. Kielbasa stated that the Sarasota Film Festival is accessible and balanced for everyonei that a significant amount of free programming is provided; that the celebrities conduct seminars and symposiums and attend the schools at no cost; that allowing free events has contributed to the growth of the Sarasota Film Festival; that the City should consider an outdoor amphitheater or screening facility for free programming to allure people to the Downtown during the evenings. Vice Mayor Servian asked the involvement of the Sarasota Film Festival with non-profit organizations? Mr. Wohlgefahrt stated that First Step of Sarasota, Inc., participated with the Sarasota Film Festival in a dinner and a movie fundraising event for the past two years which has contributed to the growth of the project; that the movie produced by Billy Crystal's daughter, Lindsay Crystal, was the feature for the 2004 dinner and a movie event; that the Sarasota Film Festival has ongoing relationships with the Van Wezel Performing Arts Hall education department and The John and Mable Ringling Museum of BOOK 56 Page 27656 04/19/04 2:30 P.M. BOOK 56 Page 27657 04/19/04 2:30 P.M. Art; that a film series in the fall will be coordinated with The John and Mable Ringling Museum of Art exhibits. Mr. Kielbasa stated that each year the Sarasota Eilm Festival brings actors to teach at Florida State University and the Asolo Theatre Company; that actors and filmmakers speak at local schools. 21. SCHEDULED PRESENTATION RE: : SARASOTA COUNTY COMMITTEE FOR ECONOMIC DEVELOPMENT REPORT (AGENDA ITEM XIII-4) CD 6:56 through 7:09 Dr. Laurey Stryker, Chief Executive Officer, University of South Florida, and Chair, Committee on Economic Development, and Kathy Baylis, Vice President Economic Development, Sarasota County Committee for Economic Development, came before the Commission. Dr. Stryker thanked the Commission for support of the University of South Florida; and stated that 3,000 students attended USE this year, which is a 50 percent increase in three years; that many citizens in the community desire to further their education in southeast Florida which is consistent with the economic development discussion; that an update on the Economic Development Committee's work and the plan being implemented will be presented; that several Commissioners attended planning sessions over the past 18 months; that the area of creative services was addressed in two presentations as one area of economic development which creates significant opportunity in the community; that creative services is a strength which should be developed in the economic community as well as the cultural community as the two are interacting. Ms. Baylis stated that the Commission is requested to imagine the possible Future No. 1 for the community as follows: The year is 2025 and Sarasota County has been chugging along doing basically the same old thing for the last 20 years. Residential real estate development and tourism and service jobs have continued to dominate the economy. The average age of the community has increased to 65 as more and more retiring baby-boomers have moved to the area and bought homes. Only about 40 percent of the population works and over 50 percent of the workers live in DeSoto and Charlotte Counties. Very few can afford to live in the homes built over the last few decades. Most of the community is built out and there is little new construction. As a result the tax base has dwindled and the County and City Commissions have struggled to keep taxes affordable. Unfortunately, they have been forced to cut services and community assets like beaches, roads, waterways are all starting to show signs of serious deterioration. This has created a ripple effect in the tourism industry which has experienced a decline in the last five years. Community leaders are up in arms demanding to know what happened. Why will government not do something to improve the local economy? How did this happen? Didn't we see this coming years ago? Why didn't we do something about it? Ms. Baylis continued that the Commission is now requested to imagine Future No. 2 for the community as follows: The year is 2025. Sarasota County's economy is strong and prospering. The community recently received recognition from Architectural Digest for the innovative design and livability of it communities. Its Downtown areas are vibrant and alive with music, families, and parks. An integrated system of trails, waterways, and pristine natural habitat areas support a thriving eco-tourism industry. Several small research and development parks have sprung up over the last decade and companies on the leading edge of nano-technology, fuel cell research, and informatics employ hundreds of graduates from the newest State university, the Suncoast Institute of Technology. The average age in the community has dipped to 45 against a nationwide trend, and for the first time in recorded history, the community's average earned wage outpaces the national average wage. The tax base has steadily increased due to a thriving business community and the City and County Commissioners have had the very fortunate job of lowering the tax rate in each of the last five budget cycles. Sarasota County is truly the jewel of the west coast of Florida. Ms. Baylis further stated that the community is at a crossroad; that the community can do nothing and take the risk the community will have Future No. 1; that the community can be pro-active by working together toward Future No. 2; that the new Economic Development Strategic Plan was developed to create Future No. 2; that the community desires to create careers for the young people, insulate the economy, improve the wages for working people, and sustain services in the community. BOOK 56 Page 27658 04/19/04 2:30 P.M. BOOK 56 Page 27659 04/19/04 2:30 P.M. Ms. Baylis referred to computer-generated slides regarding economic statistical data for Sarasota County displayed on the Chamber monitors; and stated that the average annual wage in Sarasota County is approximately $29,000 which is lower than the State's average of approximately $31,000 and lower than the national average wage of approximately $35,000; that 65 percent of people are employed in retail and service jobs in Sarasota County and have an average wage of approximately $24,000; that the percentage of earned personal income to total personal income including investment income is approximately 40 percent in Sarasota County; that the national average of personal earned income to total personal income is 70 to 75 percent; that significant investment income and transfer payments from Social Security occur in Sarasota Countyi that approximately 15 percent of the Sarasota County tax base derives from commercial industrial use which is a downward trend; that ten years ago, 20 percent of taxes were from commercial industrial use. Ms. Baylis stated that the new economic development strategy involves four key focus areas which are. to: 1. Develop emerging value added industry clusters 2. Expand innovation and entrepreneurial activities 3. Improve the business climate and infrastructure 4. Enhance local and regional collaboration Ms. Baylis continued that four cluster groups are: 1. Specialty manutacturing 2. High technology and entrepreneurship 3. Life and environmental sciences 4. Creative services Ms. Baylis further stated that two organizational changes in the community have been made; that a new County advisory board was formed called the Tourist and Economic Development Board which will be comprised of members from the Tourist Development Council and representatives from the economic development community; that collaboration and cohesiveness are necessary; that in the private sector, a new group called the Economic Development Organization Board of the Economic Development Corporation of Sarasota County, will have the first meeting May 5, 2004, to begin implementation of the Economic Development Strategic Plan on October 1, 2004; that all the Chambers of Commerce in the greater community will be partners in the organization; that each municipality and the industry cluster people will have a seat; that funding will continue through the occupational license fees, private investments, grants, municipality participation, and local foundations. Mayor Martin stated that the Commission appointed Vice Mayor Servian as the representative and Commissioner Palmer as the alternate to the Economic Development Organization Board of the Economic Development Corporation of Sarasota County. Ms. Baylis stated that the Economic Development Strategic Plan is about working together and developing partnerships in the community; that for the City to participate in the Economic Development Strategic Plan is favorably anticipated. Vice Mayor Servian stated that serving on the Economic Development Organization Board is exciting; however, Commissioner Palmer will attend the first meeting as she will be visiting Treviso, Italy, as a Sister City representative; that receiving a copy of the presentation would be appreciated as the presentation would be helpful in discussing Treviso's equivalent of the Economic Development Strategic Plan. Commissioner Palmer stated that Commissioner Atkins will sit on the Tourist Development Council and therefore also sit on the Tourist and Economic Development Board. Mayor Martin requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. BOOK 56 Page 27660 04/19/04 2:30 P.M. BOOK 56 Page 27661 04/19/04 2:30 P.M. 22. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : MEDI IATED SETTLEMENT AGREEMENT, LIDO KEY RESIDENTS ASSOCIATION, INC. ET AL VERSUS CITY OF SARASOTA, ET AL, - CASE NO. 2003 CA 8012 NC IN THE CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA; ETC. APPROVED (AGENDA ITEM XIV-A-1) CD 7:11 through 7:13 Mayor Martin opened the public hearing; and requested that Staff come forward. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that a Lawsuit filed by the Lido Key Residents Association, Inc., and the Pelican Gardens Condominium Association, Inc., is pending in the Circuit Court of Sarasota County against the City, Core Development, Inc., and MEB Capital, Inc.; that the lawsuit challenges the rezoning of property located at 129 Taft Drive on Lido Key approved by the Commission at the May 5, 2003, Regular meeting; that a settlement was mediated; and referred to the Mediation Settlement Stipulation included in the Agenda backup material including the terms of the settlement. Attorney Singer continued that Section 163.3215 (7), Florida Statutes, requires such mediation settlement agreements with a local government be the subject of a public hearing and approved by the Commission; that one issue remains and will be the subject of a non-jury trial, scheduled for April 23, 2004; that the major benefit of the Mediation Settlement Stipulation is the parties agreed no appeal will be taken from the April 23, 2004, trial; that the rezoning will become final or come back to the Commission for a new public hearing as the issue of the lawsuit is the alleged insufficiency of the public notice at the time of the previous public hearing. There was no one signed up to speak and Mayor Martin Closed the public hearing. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve the Mediation Settlement Stipulation between the Lido Key Residents Association, Inc., and Pelican Gardens Condominium Association, Inc., and the City of Sarasota, Florida, Core Development, Inc., MEB Capital, Inc., and Earl Moreland, Jr., as State Attorney for the Twelfth Judicial Circuit, regarding Case No. 2003 CA 8012 NC. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 23. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 04R-1709, APPROVING APPLICATION NO. 03-PA-04 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN (1998) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF THE EASTERN 504.36 FEET OF A PARCEL OF PROPERTY LOCATED AT 4644 NORTH TAMIAMI TRAIL AND THE FUTURE LAND USE CLASSIFICATION OF AN ADJACENT PARCEL LOCATED AT 935 46" STREET FROM THE "SINGLE FAMILY- MODERATE DENSITY" FUTURE LAND USE CLASSIFICATION TO THE "COMMUNITY COMMERCIAL" FUTURE LAND USE CLASSIFICATION; SAID PARCELS HAVE A COMBINED AREA OF 2.83 ACRES; AUTHORIZING TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT, : ETC. (TITLE ONLY) (APPLICATION NO. 03-PA-04, APPLICANT BRUCE E. FRANKLIN, I PRESIDENT, LAND RESOURCE STRATEGIES, INC., / AS AGENT REPRESENTING DWAYNE, INC.) = ADOPTED WITH CHANGES IN THE ASSOCIATED AGREEMENT AS REQUIRED (AGENDA ITEM XIV-A-2) CD 7:13 through 9:04 Mayor Martin stated that proposed Resolution No. 04R-1709 incorporating Application No. 03-PA-04 is to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), for property located at 935 46th Street from the Single Family (Moderate Density) to the Community Commercial Future Land Use Classification. Mayor Martin opened the public hearing; and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., as Agent Representing Dwayne, Inc., and Dr. Helga Wall-Apelt, Founder and Chair of the Board of the Asian Museum of Art, came before the Commission. Mr. Franklin stated that Dr. Wall-Apelt bought the former Sunset Terrace motel property on North Tamiami Trail, assembled approximately six acres which represents significant consolidated property under unified ownership, and desires to undertake a master plan for world class Museum of Asian Art; that the Museum of Asian Art is currently located at the intersection of US 301 and Oak Street. BOOK 56 Page 27662 04/19/04 2:30 P.M. BOOK 56 Page 27663 04/19/04 2:30 P.M. Mr. Franklin referred to drawings of the Future Land Use Map of the area displayed on the Chamber monitors; and stated that the current Future Land Use Map indicates the frontage of the property along US 41 is designated in the Community Commercial Future Land Use Classification and the rear portion is in the Single Family (Moderate Density) Future Land Use Classification; that proposed Resolution No. 04R-1709 will allow consolidation of the property in the Community Commercial Future Land Use Classification sO a master plan for a new museum facility can be developed; that Dr. Wall-Apelt and the Board of Directors are willing to execute an agreement the property will be developed with only a museum within five years of the change of the Future Land Use Classification; that the City will have the right to restore the land use to the Single Family Moderate Density) Future Land Use Classification if the museum is not developed within the five years; that the City Attorney's Office prepared a draft agreement which is included in the Agenda backup material; that the agreement should provide the City and the neighborhood assurance a shopping center or apartment complex will not be developed on the site; that the planning represents a leap of faith; that the proposed development is not for profit and a cultural and arts institution which would positively impact North Tamiami Trail. Dr. Wall-Apelt stated that the property was purchased with the single purpose of developing the Museum of Asian Art; that she is not a developer; that the draft agreement substantiates the intent. Mr. Franklin stated that neighborhood residents were concerned as the traffic analysis included in the Staff Report included an approximate 70 unit apartment complex and a 100,000 square foot commercial shopping center; that the reason for the inclusion of the apartment complex and the shopping center is the procedure for evaluating and making a recommendation to the Planning Board/Local Planning Agency (PBLP) and the Commission; that Staff must analyze the worst case scenario; that the worst case scenario determines if the traffic network will operate at an acceptable level of service; that the hope is the Commission will support proposed Resolution No. 04R-1709. Mayor Martin requested that Staff come forward. David Smith, AICP, Senior Planner II, Planning and Redevelopment Department, and Robert Fournier, Attorney, City Attorney's Office, came before the Commission. Mr. Smith referred to computer-generated slides of aerial photographs and the Future Land Use Map of the area displayed on the Chamber monitors and stated that proposed Resolution No. 04R-1709 is a large scale amendment to the Future Land Use Map of the City's Comprehensive Plan submitted by Dwayne, Inc.; that the Commission's decision is whether to transmit proposed Resolution No. 04R-1709 to the Florida Department of Community Affairs (DCA) for review and commenti that the amendment probably will be returned in August or September 2004 for adoption at a public hearing if the Commission approves transmission to the DCA; that the property is located at North Tamiami Trail and 46th Street; that the site is currently vacant and is approximately 2.3 acres in size; that the proposed use is a museum; that a portion of the parcel is in the Single Family (Moderate Density) Future Land Use Classification; that the Applicant proposes to change the classification to the Community Commercial Future Land Use Classification; that the proposal would expand the land use classification into an established residential neighborhood in a manner contrary to the general characteristics of the Community Commercial Land Use Classification which discourages expansion into residential areas if the property owner is not proposing a mixed-use development; that the Community Commercial Future Land Use Classification allows multiple family development;, that the Applicant has indicated no residential development will occur on the site; therefore, the amendment will decrease the amount of property available for single-family development in the City; that the amendment will allow different types of commercial development to encroach into an area which is surrounded by single-family homes both to the north and the south; that residential uses of the parcel are more compatible with the surrounding single-family homes. Mr. Smith continued that Staff does not support the proposed agreement; that the use as a museum would be detrimental to the surrounding residential uses; that uses could include an auditorium, theater, offices, outdoor gardens, research facility, library, parking lot, or stormwater facility; that the concepts of the agreement blur the planning and zoning processes and create a precedent others would seek; that the agreement does not restrict future rezoning to the least intensive commercial zoning district allowing a museum which is the Commercial Neighborhood District (CND) Zone District; that all the commercial implementing zone districts allow for a museum as a permitted use; that Staff recommends denial of Application No. 03-PA-04; that at its BOOK 56 Page 27664 04/19/04 2:30 P.M. BOOK 56 Page 27665 04/19/04 2:30 P.M. March 24, 2004, the Planning Board/Local Planning Agency (PBLP) recommended approval by a vote of 3 to 2. Attorney Fournier stated that a draft agreement was prepared at the direction of the Planning Board/Local Planning Agency (PBLP); that the agreement is a three party agreement between the City, the property owner, Dwayne, Inc., and the non-profit entity, the Museum of Asian Art; that the intent of the agreement is to preclude development of certain uses generally allowed in the Community Commercial Future Land Use Classification which are not compatible with the adjacent residential uses; that the agreement will ensure the land will be reclassified to the current Single Family (Moderate Density) Future Land Use Classification if the Museum of Asian Art is not developed on the site; that the agreement provides the property owner will sign an Authorization and Consent form to appoint the City as the agent of the property owner agreeing to the future reclassification of the site to the Single Family (Moderate Density) Future Land Use Classification if certain events indicated in the agreement occur; that the agreement can be approved in concept and executed immediately before or simultaneously with the adoption stage public hearing; that the property owner's consent to the City's acting as agent for the reclassification will be obtained. Attorney Fournier continued that the City and the property owner must function within the parameters of the two stage process established at the State level, which is the amendment to the City's Comprehensive Plan, changing the future land use of the property, and subsequently applying for a rezoning and submitting a site plan; that the site would remain in the Single Family (Moderate Density) Future Land Use Classification if the property were not reclassified to Community Commercial Future Land Use Classification; therefore, the property would be a zoning enclave which is allowed in the City's Comprehensive Plan and only single- family residences on the site would be permitted; that the owner waives the right to submit any application for any development of the property for three years; that the agreement obliges the owner to submit during the last two years an application for any Zone District which will permit the development of the museum with a proffered site plan and a proffer restricting all other uses which is a common practice in the City. Attorney Fournier further stated that the agreement provides a mechanism to develop the museum and allow time for fundraising; that the City will be authorized to initiate the process to have the property reclassified back to the current land use classification if: 1) no application for a rezoning and site plan approval are ever submitted, or 2) applications for rezoning and site plan approval are submitted but denied on the basis of incompatibility with the surrounding area; that the only negative aspect of the agreement concerns administration if development does not happen in five years; that the City has the authority and must initiate the process to reclassify the property; that the rezoning does not set a precedent as the agreement is a means to accommodate a non-profit cultural institution and not utilized or intended as precedent as a vehicle to assist private developers to make a profit; that the PBLP determined the opportunity to have a museum justified using the agreement as a mechanism to assure the museum is developed. Attorney Fournier stated further that some modifications will be incorporated in the agreement as a result of a letter dated March 23, 2004, from the Bayou Oaks Neighborhood Association to the PBLP indicating various concerns of the residents; that a general provision will provide the Commission can initiate the reclassification if the Commission determines the project will not move forward which will require a public hearing; that the agreement provides the failure of the Applicant to file an applications for rezoning and site plan approval which conform to representations in the agreement will serve as a basis to initiate the reclassification proceedings; that reclassification can occur if the status of the museum as a non-profit entity is Lost; that a supplemental waiver and consent form as may be required by the City Attorney in lieu of the standard form the City utilizes can be executed if the property owner appoints an attorney or planner to act as an agent to obtain an amendment to the City's Comprehensive Plan; that the agreement is a viable vehicle for controlling development of the site. Mayor Martin asked if the agreement should be approved in concept and finalized in the future? Attorney Fournier stated that the approval process provides a second public hearing; that the changes will be made in the interim period; that the agreement can be the first step in a two step process; that the Commission can choose not to approve the request; however, the request can be approved with the condition a finalized agreement is acceptable to the Commission. BOOK 56 Page 27666 04/19/04 2:30 P.M. BOOK 56 Page 27667 04/19/04 2:30 P.M. Commissioner Palmer stated that the issue of contract zoning is a concern; and asked the manner in which the agreement avoids the problem of contract zoning? Attorney Fournier stated that the agreement precludes the suggestion of contract zoning; that contract zoning suggests a situation in which the City receives a benefit in exchange for agreeing to rezone property a particular wayi that the agreement specifically indicates the Commission reserves the right, based on the evidence presented at the public hearing concerning the site plan, to determine if the site plan is acceptable; that the request of the Museum of Asian Art does not represent contract zoning. Commissioner Palmer stated that the request is to reclassify the property to the Community Commercial Future Land Use Classification; that the agreement contains specific provisions; however, the Community Commercial Future Land Use Classification allows a number of uses which are not part of the requesti and asked the manner in which the Commission can deny a request which is consistent with Community Commercial Future Land Use Classification? Attorney Fournier stated that the representations and waivers in the agreement, which was entered knowingly and at the request of the property owner, allows denial of any other requested use; that the agreement is necessary only if the Commission decides to approve development of the Museum of Asian Art to encourage the vitality of the arts in the community. Commissioner Palmer asked the use of the property if the ownership changes? Attorney Fournier stated that the agreement binds successors in interest if ownership changes; that the ownership will change as the property was purchased with a disclosed intent of donating the property to the Museum of Asian Art; that the agreement obliges the current property owner to donate the property to the museum if the site plan is approved. Commissioner Palmer stated that the Museum of Asian Art is a non- profit organization; and asked the consequence if the museum changes hands to a for-profit corporation? Attorney Fournier stated that the City has the authority to reclassify the property if the organization becomes a for-profit organization. City Attorney Taylor stated that a policy issue exists; that inherent complications are obvious; that a question is if the Commission desires to approve the request. Vice Mayor Servian asked if the agreement will protect the Commission? City Attorney Taylor that an agreement was prepared based on current knowledge and will protect the Commission in the future; that the agreement is good; however, the ability to cover every possible contingency is doubted; that the request is fraught with difficulty and presents difficulties in incorporating details into an agreement involving the City's comprehensive planning process to avoid perceived problems; that implementing reclassification of the changed use may be complicated; however, mechanisms are defined in the agreement; that proceeding with caution is urged. Attorney Fournier stated that generally, the concerns would apply; that the PBLP recommended approval within narrowly drawn parameters to create a hospitable environment for a cultural institution to facilitate the fundraising of the non-profit entity; that the development can be successful; however, reclassification should not occur on a broad basis. Mr. Smith stated that Staff of the Planning and Redevelopment Department does not support the agreement as administration would be different; that remembering the future dates certain will be difficult. Attorney Fournier stated that the only item which must be remembered is if circumstances warrant to initiate the reclassification of the property as denial or failure to submit the site plan triggers the reclassification; that the five year trigger should be in a follow-up file. Commissioner Palmer stated that the City should not have to wait five years to initiate reclassification if the Museum of Asian Art has difficulties such as the inability to raise funds; that the agreement requires additional refinement if the Commission moves forward with approval; that a level of nervousness exists at the Commission table; that a good conversation is pleasing. BOOK 56 Page 27668 04/19/04 2:30 P.M. BOOK 56 Page 27669 04/19/04 2:30 P.M. The following people came before the Commission: Dr. Alfonz Lengyel, 4206 73rd Terrace East (34243), representing the Board of Directors of the Museum of Asian Art, stated that he is an expert in city planning and has taught architecture for 45 years; that the City's problem is zoning for cultural institutions does not exist; that the governing Board of Directors of the Museum of Asian Art is willing to countersign the agreement; that the Board of Directors suggests adding to the agreement a provision no part of the property will be sold for fundraising or any other financial reason; that the proposed development of the Museum of Asian Art would support the aim of the State of Florida to sell Florida products to Asia which would have a significant economical impact on the City; that offices have been established in Tampa, Florida, and Beijing, China, to examine the Chinese market; that a formal Friendship Agreement was executed between the Cities of Zunyi, China, and Sarasota; that the proposed Museum of Asian Art would be important and a visual aid to understand the culture and customs of Asia; that the Commission is requested to approve the request. Maria Boka, 5988 Bonaventure Place (34243), stated that she is the homeowner of 946 and 926 46th Street which is directly across from the Museum of Asian Art property; that significant funds have been expended renovating the home at 926 46th Street; that she has a vested interest in the decision of the rezoning request; that the property was under contract four years ago; that a 350 unit adult congregate living facility was proposed; that discussion occurred regarding building a restaurant on the northern corner of US 41 and 46th Street; that the Museum of Asian Art is a once in a lifetime opportunity for the neighborhood and the entire North Tamiami Trail area; that the Commission has the ability to further arts development in the area; that change is occurring on North Tamiami Trail; that four to six acres exist near the neighborhood which is under the ownership of one developer; that the property could become a large student housing project due to the proximity to the expanding New College of Florida (New College) and the Ringling School of Art and Design; that simple economics dictate developers own property for profit; that Dwayne, Inc., owned by Dr. Wall-Apelt, is not a developer; that Dr. Wall-Apelt is a 20 year Sarasota resident who collects important world-wide Asian art and has a defined purpose and vision in the desire for a home for the magnificent art collection; that people are encouraged to visit the existing Museum of Asian Art at the corner of Oak Street and US 301; that the Museum of Asian Art development will provide a pristine segue into the 20 acre City- owned park behind the Museum of Asian Art property; that a project such the Museum of Asian Art can enhance the image of North Tamiami Trail and provide an artistic ambiance to the area; that the proposed project is in accordance with the vision of the City for the area; that the Commission is respectfully urged to approve the application for rezoning. Bill West, 8466 North Lockwood Ridge Road (34243), stated that the previous speaker is well-spoken and provided a good case for an important addition to the City; that Asian art has been an interest for many years; that the existence of an Asian art museum in Sarasota was surprising; that world Class art is housed at the existing museum; that the museum offers educational programs; that the list of speakers at the museum is impressive; that education is also a concern; that no other institution of the caliber of the museum exists in southeast Florida; that the hope is to have a destination important to scholars, students, and art lovers; that Sarasota is fortunate to have individuals such as Dr. Wall-Apelt to provide such an important institution. Hope West, 8466 North Lockwood Ridge Road (34243), representing the Museum of Asian Art, stated that she is a volunteer at the Museum of Asian Art; that Sarasota was chosen as a new home subsequent to a search of many communities; that Sarasota is most desirable due to the intense commitment to the arts; that the City supports museums, galleries, theater, a resident symphony, and a resident ballet company which is a source of pride; that the Museum of Asian Art will be a good neighbor; that a museum can raise the value of surrounding properties more than any other commercial enterprise; that a museum is respected as a representative of the best society can offer; that the impact to the neighborhood is positive; that for North Tamiami Trail to receive positive development would be pleasing; that the Commission is urged to support the site for the Museum of Asian Art and encourage the health of the arts for which the City is renowned. Richard Clapp, 426 South Shore Drive (34234), representing Indian Beach Sapphire Shores Association (IBSSA), stated that he is the President of the Indian Beach Sapphire Shores Association; that IBSSA agrees with the residents of the Bayou BOOK 56 Page 27670 04/19/04 2:30 P.M. BOOK 56 Page 27671 04/19/04 2:30 P.M. Oaks Neignborhood Association the Museum of Asian Art would be an excellent institution for North Tamiami Trail; that the existing museum has been visited; that the concern of the Bayou Oaks Neighborhood Association residents is shared regarding the uncertainty of plans for the eastern three acres; that a fundraising program is required prior to designing the Museum of Asian Art which is understood; that North Tamiami Trail is high on the list of developers' priorities; that redevelopment is currently occurring on North Tamiami Trail; that an issue with which developers contend is the uncertainty of the process to assure successful development; that the neighborhoods feel the same degree of uncertainty; that the uncertainty will continue as a significant issue as North Tamiami Trail development continues; that the review process should alleviate ancertainty. Tomara Kafka, 4200 Cocoanut Avenue (34234), President, Bayou Oaks Neighborhood Association, stated that the Bayou Oaks Neighborhood Association residents have had significant discussions regarding the Museum of Asian Art; that the Bayou Oaks Neighborhood Association supports the concept of the Museum of Asian Art; however, a concern is the intended use of the approximately three acres of residential property on the site; that the neighbors will be affected; that the intent is to protect the nature of the neighborhood; that details regarding use of the residential portion have been requested; that Mr. Franklin forwarded the Bayou Oaks Neighborhood Association April 23, 2004, letter indicating concerns to the Commission which is appreciated; that the intent is to ensure the neighborhoods bordering the proposed museum are protected and buffered from commercial intrusion; that Staff recommended denial and Staff's concerns are supported; that careful consideration and scrutiny of the rezoning is requested. Dr. Matthew Edlund, 770 South Palm Avenue, No. 1703 (34236), representing the Museum of Asian Art, stated that he is Director of the Center for Circadian Medicine, formerly Director of the Sarasota Palms Hospital, and currently Vice President of the Board of Directors of the Museum of Asian Art; that the intent is to build a museum; that the agreement with the City only allows for building a museum; that the design of the museum must be approved by the City; that the Museum of Asian Art is not a commercial endeavor; that more of an Asian presence in the County would be pleasing; that the Asian Wall Street Journal advertises Sarasota as the Culture Coast; that the Museum of Asian Art is the only museum dedicated to Asian art in the southeastern US; that many Asians will visit Sarasota and would be pleased to visit an Asian museum; that often museums are perceived as elitist institutions; however, a homeless person indicated a free seminar attended the previous evening at the Selby Pubic Library was enjoyed; that the community is unique with a cultural life and 35 miles of beaches; that the Museum of Asian Art will contribute to Sarasota's uniqueness. Dr. Lee Snyder, 941 46th Street (34234), stated that his property is immediately adjacent to the proposed project site for the Museum of Asian Art; that he is not opposed to a museum; that the issue is the residential area will be changed to a commercial designation; that the question is should a commercial use of property be allowed to intrude into a residential area; that the policy of the City is the residential areas along North Tamiami Trail should be protected against the intrusion of commercial use; that the community should encourage cultural institutions and protection of neighborhoods; that the portion of the Museum of Asian Art property currently designated for commercial use is large; that Museum of Asian Art representatives have been vague regarding the intended use of the residential area of the property; that the use of the property if sold is a concerni that the Museum of Asian Art representatives have not shown financial support exists to develop a museum; that representatives of a proposed museum previously presented indicated a financial plan is in place; that nothing indicates the Museum of Asian Art has a sound financial plan; that the application as presented should be denied; that the City should require development of the Museum of Asian Art in two stages. Peter Genersich, 1621 Stanford Lane (34231), stated that his family owned the Sunset Terrace property for 34 yearsi that initially, the entire parcel was zoned for commercial use; that the City conducted spot zoning in approximately 1974, rezoning the majority of North Tamiami Trail to the Residential Multiple Family 4 (RMF-4) Zone District including the portion of the Museum of Asian Art property on US 41; that prior to 1974, North Tamiami Trail was a center of activity in the community; that the rezoning began a steady decline which continued through the early 1990s; that most redevelopment is near the Downtown; that the Commission has the ability to bring growth up to the Sarasota/Bradenton International Airport area which is the gateway to Sarasota; that the Museum of Asian Art can be a catalyst to improving North Tamiami Trail; that the concern BOOK 56 Page 27672 04/19/04 2:30 P.M. BOOK 56 Page 27673 04/19/04 2:30 P.M. regarding commercial use adjacent to a residential neighborhood is outweighed by the possible future benefits of the Museum of Asian Art and the redevelopment of the surrounding areas; that the residential portion of the property has a multi-family use designation; that the property could be developed as a student housing complex which would be a negative impact; that a favorable vote is encouraged. Charles Hegener, 637 40th Street (34234), stated that he has observed the ascendancy of North Tamiami Trail and the subsequent decline; that recently he chaired a multi-stakeholder committee of north Sarasota neighborhoods, businesses, and institutions seeking to identify viable redevelopment strategies for North Tamiami Trail; that a prominent Sarasota architect described North Tamiami Trail as the toughest urban planning problem in the City; that a former professional urban planner succinctly described the problem of North Tamiami Trail as an area with strong activities occurring at each end of the road segment with nothing in between; that the committee identified the Sunset Terrace site as the strategic location to create linkage between Downtown, the Ringling School of Art and Design, and the educational and cultural institutions based on the opinions of the architect and planner; that the Museum of Asian Art meets the criteria for an ideal activity for the site and is a potential solution for a tough planning problem; that in combination with the East West College of Natural Medicine, the Museum of Asian Art provides an opportunity to create a cultural corridor; that likely alternative development possibilities are less desirable than the Museum of Asian Art; that concerns regarding commercial encroachments into residential neighborhoods are shared; that the agreement is the strongest possible due to the legal process which must be followed; that the Commission is encouraged to Close any loopholes which could compromise the quality of life of the neighbors; that a commitment is contained in the agreement which ensures the quality of life of the immediate neighbors will not be negatively impacted; that the project is enthuslastically supported; that he is speaking for himself and not as a representative of any group. There were no other interested persons signed up to speak. The Commission recessed at 8:26 p.m. and reconvened at 8:36 p.m. Mayor Martin requested that the Applicant come forward for rebuttal. Mr. Franklin came before the Commission and stated that the application is for a property-specific area; that a comparison with the Sarasota Museum of Art presentation is unfair as the Sarasota Museum of Art has funds but no art collection; that the Museum of Asian Art has a significant world-class art collection for display; and quoted from the agreement as follows: . DWAYNE and MAART enter into this agreement knowingly and voluntarily .; acknowledge the validity of the Planning staff's concern as to the potential intrusion of commercial uses into the residential neighborhood and further acknowledge the need to prepare and file a site plan for development of the museum and associated facilities on the Property which will be sensitive to the needs and concerns of the residents of the single family homes adjacent to and in the vicinity of the Property. Mr. Franklin continued that the Commission can deny a site plan which does not adhere to the provisions of the agreement; that a follow-up file can be established to determine the expiration of the five year deadline. Commissioner Palmer stated that sections of the agreement require refining. Mr. Franklin stated that the Applicant is amenable to all additions indicated by Attorney Fournier. Commissioner Bilyeu asked if the entire parcel is vacant? Mr. Franklin stated yes. Commissioner Bilyeu asked if any structures have been built on the area designated for residential use? Dr. Wall-Apelt stated no; that the area most likely will be an Asian garden. Mr. Franklin stated that the proposed Asian garden could create a gateway access to the adjacent Water Tower Park. Commissioner Palmer stated that a concern is setting a precedent; that the request is an unusual circumstance; that the BOOK 56 Page 27674 04/19/04 2:30 P.M. BOOK 56 Page 27675 04/19/04 2:30 P.M. Applicant is a cultural, non-profit organization; that no classification exists for an institutional use. Attorney Fournier agreed and stated that a problem is a Future Land Use Classification or Zone District which allows cultural or institutional facilities does not exist; that the agreement precludes the establishment of a precedent. Commissioner Palmer asked if the adjacent residences will be protected from any commercial use? Attorney Fournier stated that use restrictions will be proffered indicating the site can only be developed upon approval of applications for the rezoning and site plan; that Staff's and neighbors' concerns were considered in the drafting of the agreement. Commissioner Atkins stated that a suggestion of a speaker regarding development in stages to ensure the neighbors are comfortable accepting the concept was intriguing; and asked if approving the development in stages is realistic? Attorney Fournier stated that the practicality of developing the project in stages is unknown; that the preference would likely be to develop in one stage. Mr. Smith stated that the Staff Report indicates a house at 935 46th Street once existed but was subsequently razed. Commissloner Atkins asked the time the house was razed? Mr. Smith stated that the time is not known; that a commercial use will exist adjacent to single family homes; that uses such as fundraising activities, auctions, general public use, etc., may be objectionable to the neighbors. Mayor Martin stated that hours, use, lighting, etc., can be controlled through proffers in the site plan. Mr. Franklin stated that development in stages is not possible as the Zoning Code (2002 Ed.) does not allow use of residentially zoned property for stormwater or parking for commercial uses; that unifying the land use classification is necessary to create one unified Zone District to develop a master plan addressing buffering and protection; that the depth of the commercial property on North Tamiami Trail is the principal reason development efforts are limited. Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1709 by title only. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to adopt Resolution No. 04R-1709. Commissioner Palmer stated that the request causes significant personal concerni that the situation is unusual; that a commercial designation in a residential area is a significant concern; that the Museum of Asian Art is a one-time opportunity; that not having land use classifications for a museum use. is frustrating; that the Zoning Code (2002 Ed.) allows for museum use only under commercial categories; that the Evaluation and Appraisal Review process and the updating of the City's Comprehensive Plan require addressing uses for museumsi that setting a precedent is a concern; that contract zoning is opposed; that the City Attorney's Office indicates the reclassification is not contract zoning; that the development must comply with representations made by the Applicant and the agreement; that the opportunity to rejuvenate North Tamiami Trail with a facility as significant as the Museum of Asian Art should not be discounted. Commissioner Bilyeu stated that Fruitville Road has significant commercial properties with adjacent residential properties; therefore, the proposed development should not be considered encroaching on residential property; that an alternative is to exchange property in the Cultural Arts District with the Museum of Asian Art; that the request is supported. Commissioner Atkins stated that the question is the manner in which to revitalize North Tamiami Trail; that commercial property on North Tamiami Trail is difficult to develop due to the inadequate depth of the properties; that the Commission must make decisions regarding issues vitally important to the economic revitalization of North Tamiami Trail and US 301; that approving the request is appropriate; that the reference to contract zoning is a concern; however, redevelopment of North Tamiami Trail is essential. BOOK 56 Page 27676 04/19/04 2:30 P.M. BOOK 56 Page 27677 04/19/04 2:30 P.M. Vice Mayor Servian stated that the representatives of the Museum of Asian Art have concern for the best of interests for themselves and for the neighborhood; that entering into the agreement voluntarily and agreeing to reversion of the classification of the property if compliance discontinues indicate good faith; that the hope is the Evaluation and Appraisal Report process will develop a classification for institutional, cultural, and museum uses to avoid reclassification; that redeveloping North Tamiami Trail for the benefit of the community, protecting the neignbornoods, and revitalizing the City are necessary; that the Museum of Asian Art is a once in a lifetime opportunity; that the City, the surrounding neighborhoods, and representatives of the Museum of Asian Art will work together in a collaborative fashion. Mayor Martin asked if the motion to approve Resolution No. 04R-1709 incorporates the intent to incorporate additions and refinements to the agreement? Attorney Fournier stated yes; that the Resolution indicates the condition the agreement must be executed prior to the adoption hearing in substantially the form presented to the Planning Board/Local Planning Agency (PBLP) ; that the form will remain substantially the same but changes as required will be made. Commissioner Palmer as the maker of the motion stated that the intent of the motion was to include changes in the associated agreement as required. Commissioner Bilyeu as the seconder agreed. Mayor Martin stated that the request is supported; that the concerns of the residents of surrounding neighborhoods can be addressed at the public hearing regarding the site plan; that a leap of faith is required to imagine the best scenario; that the Commission in cooperation with the neighborhoods can obtain the best scenario; that the hope is redevelopment will occur sooner than five years. Mayor Martin called for a vote on the motion to adopt proposed Resolution No. 04R-1709 with changes in the associated agreement as required; and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. 24. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 04R-1739, APPROVING THE BROWNFIELD DESIGNATION OF CERTAIN REAL PROPERTY DESCRIBED WITH MORE PARTICULARITY HEREIN PURSUANT TO THE BROWNFIELDS REDEVELOPMENT ACT; SAID PROPERTY LOCATED AT 2046 DR. MARTIN LUTHER KING JR. WAY AND COMMONLY KNOWN AS THE MARION ANDERSON PLACE URBACULTURE SITE; ETC. = ADOPTED (AGENDA ITEM XIV-A-3) CD 9:05 through 9:14 Mayor Martin stated that proposed Resolution No. 04R-1739 is to approve Brownfield designation of property located at 2046 Dr. Martin Luther King, Jr. Way, (Dr. MLK Way); that the City is the Applicant; opened the public hearing; and requested that Staff come forward for the presentation. Douglas James, Chief Planner, and John Hawthorne, Jr., Redevelopment Specialist, Planning and Redevelopment Department, came before the Commission: Mr. James stated that brownfield designation is requested on the property which is on the south side of Dr. MLK Way, just east of US 301; that the City supports the brownfield designation; that the property consists of approximately 18 acres and is currently classified in the Open Space Recreation and Conservation Future Land Use Classification; that the remarks of Mr. Hawthorne will also apply to the next application by Dreambuilders, Inc. for a brownfield designation. Mr. Hawthorne stated that the City has been dealing with the site for a significant period of time; that the difference between the Federal and State brownfield programs is the Federal program does not require the site be designated as a brownfield by the local government; that the State's regulation changed recently which adversely impacted the work being performed on the site; that the Florida Brownfields Redevelopment Act was created by Section 97-277, Florida Statutes, in 1977 and was amended by Section 98-75, Florida Statutes, in 1998; that the Florida Brownfields Redevelopment Act was created to assist local governments and persons responsible for the clean-up and redevelopment of brownfield sites; that incentives are provided for remediation and sustainable re-use of contaminated, abandoned, or under-used properties contained within the designated areas. BOOK 56 Page 27678 04/19/04 2:30 P.M. BOOK 56 Page 27679 04/19/04 2:30 P.M. Mr. Hawthorne continued that the key objectives of the brownfields initiatives are: 1. Community economic enhancement through increased capital investment; 2. Increased tax base and tax revenue; 3. Better utilization of community resources; 4. Improvement of the quality of life; and 5. Improvement of the environment. Mr. Hawthorne stated further that many of Florida's designated infill areas contain sites with actual or perceived environmental contamination which may present a significant barrier to redevelopment; that brownfield sites are generally abandoned, idled, or under-used industrial and commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination. Mr. Hawthorne further stated that the goals of the Florida Brownfields Redevelopment Act are to: 1. Reduce public health and environmental hazards on existing commercial and industrial sites which are abandoned or under-used due to the hazards; 2. Create financial and regulatory incentives to encourage voluntary cleanup and redevelopment of sites; 3. Derive cleanup target levels and a process for obtaining a "No Further Action" letter; and 4. Provide the opportunity for environmental equity and justice. Mr. Hawthorne continued that in 1988 emphasis was placed on outreach and education for a variety of interest groups including communities, environmental consultants, lenders, local government, economic redevelopment boards, and realtors; that local governments are primarily responsible for identifying, delineating, and then designating by resolution parcels for inclusion in a brownfield area; that an important component of the designation process is the formation of an advisory committee to improve public participation and receive public comment concerning the following: 1. Rehabilitation and redevelopment of the designated brownfield area; 2. Determination of future land use; 3. Development of local empowerment opportunities; 4. Improvement of community safety; and 5. Achievement of environmental justice. Mr. Hawthorne further stated that the advantage for local governments are: 1. State incentives provide for the reuse of commercial and industrial properties; 2. Smart growth principles encourage sustainability of communities; 3. Locally-initiated programs can be developed with guidance from State Brownfields Redevelopment Program; 4. Brownfields redevelopment can be a significant element in community revitalization; and 5. Voluntary cleanup programs can be developed and implemented which require designation of a brownfield area by the local government. Mr. Hawthorne stated further that the Brownfield economic incentive tools include: 1. Voluntary Cleanup Tax Credit Program; 2. Loan Guarantee Program; 3. Property Ownership Clearance Assistance Revolving Loan Trust Fund; 4. $2,500 Redevelopment Job Bonus Refund for Job Creation; and 5. Sales and Use Tax Exemption on Building Materials. Mr. Hawthorne continued that significant information is available on each program which will not be discussed at the current meeting; that the designation by the Commission is primarily an administrative designation allowing the City to reach the State program; that the local government must go through the process before the State's programs for remediation, cleanup, and BOOK 56 Page 27680 04/19/04 2:30 P.M. BOOK 56 Page 27681 04/19/04 2:30 P.M. redevelopment can be accessed; that the application has been processed through Sarasota County Staff in accordance with the Interlocal Agreement between the City and the County; that community meetings have been held; that the matter has gone before the Planning Board/Local Planning Agency (PBLP) through a public input processi that the PBLP voted unanimously (5 to 0) to recommend designation of the property as a brownfield; that the next stage before the Commission is to designate the area as a brownfield sO the project can move forward; that a significant interest concerning the site from various developers has been expressed; that the City cannot move forward with prospective developers until the next phase of the process is completed. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution 04R-1739 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution 04R-1739. Commissioner Atkins stated that unlimited possibilities exist for the property; that the Brownfield Conference for the State of Florida is scheduled to come to the City in 2004; that the property at the time can be visited by interested parties from the entire State; that the great opportunity to adopt the resolution is appreciated. Mayor Martin called for a vote on the motion to adopt proposed Resolution 04R-1739 and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 25. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 04R-1699, APPROVING THE BROWNFIELD DESIGNATION OF CERTAIN REAL PROPERTY DESCRIBED WITH MORE PARTICULARITY HEREIN PURSUANT TO THE BROWNFIELDS REDEVELOPMENT ACT; SAID PROPERTY EXENDING FROM LEMON AVENUE ON THE EAST TO CENTRAL AVENUE ON THE WEST COMMENCING APPROXIMATELY 150 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. WAY (TITLE ONLY) = ADOPTED (AGENDA ITEM XIV-A-4) CD 9:14 through 9:19 Mayor Martin stated that proposed Resolution No. 04R-1699 is to approve the brownfield designation of real property located from Lemon Avenue to Central Avenue from 150 feet north of the right-of-way line on Dr. MLK Way; opened the public hearing; and requested that Staff come forward for the presentation. Douglas James, Chief Planner, Planning and Redevelopment Department, and Sharon Tarman, former Sarasota County Brownfield Coordinator, came before the Commission. Mr. James stated that the comments Mr. Hawthorne made in Agenda Item XIV-A-3 could be repeated verbatim concerning proposed Resolution No. 04R-1699; that the administrative process before the Commission is to allow Sarasota Dream Builders, Inc., the property owners, to begin the remediation process; that the parcel is 1.9 acres and lies between Lemon and Central Avenues; that a brownfield designation is sought; that the matter came before the Development Review Committee (DRC) ; that the Brownfield Coordinator of Sarasota County recommends approval; that Staff recommends approval; that the Planning Boar rd/Local Planning Agency (PBLP) voted 5 to 0 to recommend approval of the brownfield designation. Ms. Tarman stated that the property meets all the criteria for brownfield designation; that getting the Brownfield Conference to come to the City took extensive effort; that an invitation is extended to all to attend. Mayor Martin requested that the Applicant come forward. Wayne Krosher, President of Sarasota Dream Builders, Inc., came before the Commission and stated that the intention is to develop the property with market rate housing consistent with the applicable zoning. Vice Mayor Servian asked the result if remediation such as soil removal and replacement is required? Ms. Tarman stated that a Brownfield Site Rehabilitation Agreement will be developed with the Florida Department of Environmental Protection (FDEP); that the agreement determines the appropriate measures necessary. Vice Mayor Servian asked who would be financially responsible for the cleanup? BOOK 56 Page 27682 04/19/04 2:30 P.M. BOOK 56 Page 27683 04/19/04 2:30 P.M. Ms. Tarman stated that the developer would be financially responsible for the cleanup. Vice Mayor Servian asked if the current property owner would also be responsible? Ms. Tarman stated yes. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1699 by title only. On motion of Commissioner Atkins and second of Commissioner Palmer, it was moved to adopt proposed Resolution No. 04R-1699. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes, Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 26. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4509, AMENDING CHAPTER 11, BUILDINGS AND 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 PERSONS EXEMPT THEREFROM UNDER FLORIDA LAW; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT, i PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABIE; PROVIDING FOR A PENALTY FOR VIOLATIONS, ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM XIV-A-6) CD 9:21 through 9:34 Mayor Martin stated that proposed Ordinance No. 04-4509 concerns registration of contractors and specialty contractors; and opened the public hearing. Timothy Litchet, Director of Building, Zoning and Code Enforcement, and David Waugh, Deputy Director of Building, Zoning and Code Enforcement, came before the Commission. Mr. Litchet stated that proposed Ordinance No. 04-4509 has been drafted to ensure all the contractors and specialty tradespersons working within the City are registered by the City and requires the contractors and specialty tradespersons provide the City proof of Workers' Compensation insurance and public liability insurance; that the proposed Ordinance is necessary for protection of life and property and promotes the City's goal of protecting the citizens' health, safety, and welfare; that the proposed Ordinance has similar registration requirements to the Tree Protection Ordinance and requires all the specialty trades to register with the City; that the requirements were taken before the Building/Fire Board of Rules and Appeals; that a registration card will be provided upon registration which can be shown to clients indicating the licensure and insurance. Commissioner Bilyeu stated that clarification is required regarding a specialty tradesperson; and asked if a specialty tradesperson is a subcontractor such as a painter working for a contractor? Mr. Litchet stated yes. Commissioner Atkins asked the manner in which the registration process would impact the neighborhood handyman? Mr. Litchet stated that the handyman would be required to register with the City, pay a registration fee of $75, and provide proof of insurance. Mr. Waugh stated that a handyman can only perform work which does not require a permit. Commissioner Atkins asked if a handyman hired to paint the walls of a house would be required to pay the $75 registration fee if the desire is to perform the work legally? Mr. Waugh stated that a true classification for a handyman does not exist. Commissioner Atkins stated that the concept is understood. Mr. Waugh stated that a painter or drywall installer would be required to register; that a handyman cannot perform services which require a license such as plumbing, electrical, or heating, ventilation and air conditioning (HVAC). BOOK 56 Page 27684 04/19/04 2:30 P.M. BOOK 56 Page 27685 04/19/04 2:30 P.M. Commissioner Atkins stated that installing a doorknob on a door is difficult; that matching the second screw into the door is practically impossible; that a handyman is required to perform the service; and asked if a neighborhood handyman would be required to register to perform the service legally? Mr. Waugh stated yes. Commissioner Atkins stated that such a requirement is absurd. Mr. Litchet stated that one of the concerns of residents is specialty contractors performing services without a permit which would normally require a permit; that residents often hire a person believed a professional who is aware of the rules and regulations; that the proposed Ordinance would assure citizens licensing and insurance requirements have been met; that the potential for good exists from such an Ordinance. Commissioner Atkins stated that some property owners require a certain amount of protection; that the proposed Ordinance goes beyond the necessary; that requiring every person with a shovel or a pair of pliers attempting to help someone while walking by to register with the City is not merited; and asked if a handyman assisting an elderly person with landscaping would be required to register? Mr. Litchet stated that registration would not be required for planting plants; however, a person cutting trees down must register; that anyone performing work defined in the Tree Protection Ordinance must be registered; that proposed Ordinance No. 04-4509 was requested by some of the handymen in the City due to being questioned concerning appropriate licensing and insurance; that no process exists in the City for providing a card indicating registration and insurance; that most jurisdictions do have registration requirements; that the County licenses handymen; that some contractors and handymen have requested having a registration card. Commissioner Atkins asked the manner in which $75 was determined as the registration fee? Mr. Litchet stated that $75 is the registration fee required for registering all the other contractors. Commissioner Atkins asked if a Class A contractor pays $75 to register? Mr. Litchet stated that contractors who register with the City pay a $75 fee. Mr. Waugh stated that State certified contractors are not required to pay the $75 to the City if paid in another jurisdiction; that the registration fee must only be paid one time; that the $75 would be paid to the City if the place of business is within City limits. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to extend the meeting until completion of the Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Vice Mayor Servian asked if proof of insurance is provided by presenting Workers' Compensation and liability insurance policies? Mr. Waugh stated that proof is provided by presenting a copy of the insurance certificate. Vice Mayor Servian stated that the major benefit is the assurance contractors have liability and Workers' Compensation insurance; that a person who is brought to the jobsite by the contractor and gets injured could potentially sue the homeowner if the contractor had no insurance; that the homeowner and the small business owner are protected as well. Mayor Martin stated that people are always performing services for neighbors; that liability will be triggered by an injury thus the question of liability; that Staff will not be driving through the City in search of handymen with shovels; that Commissioner Atkins's comments are understood; that the proposed Ordinance protects the tradespersons and the hiring parties; that the proposed Ordinance is supported; that the views expressed by Commissioner Atkins are acknowledged; that overregulation is a concern. Commissioner Bilyeu asked if a licensed contractor and a handyman who possess an occupational license to perform handyman services would require separate registration? Mr. Litchet stated that the proposed Ordinance would provide for the specialty contractor license replacing the occupational license. BOOK 56 Page 27686 04/19/04 2:30 P.M. BOOK 56 Page 27687 04/19/04 2:30 P.M. Commissioner Bilyeu stated that the $75 and the $48 registration fees would not both have to be paid. Mr. Litchet stated that is correct. Commissioner Bilyeu asked for clarification regarding a conflict of interest and a vote of non-support of the proposed Ordinance. City Attorney Taylor stated that a "tradesperson" is a defined term; that a permit will not be issued to a person who has not completed the registration process; that the proposed Ordinance would not affect anyone working on a project not requiring a building permit. Commissioner Bilyeu stated that the handyman would not be affected; that a painting project does not require a permit. Mr. Waugh stated that work which does not require a permit would not require registration. Commissioner Bilyeu stated that a permit is not required to install a doorknob. Mr. Litchet stated that a significant number of people work as subcontractors under a building permit. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4509 by title only. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 04-4509 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Atkins, no; Bilyeu, yes; Martin, yes; Palmer, yesi Servian, yes. Mayor Martin requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial processi that during the quasi- judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi- judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. 27. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4540, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1015 NORTH ORANGE AVENUE, HISTORICALLY KNOWN AS THE SARASOTA WATERWORKS BUILDING, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 04-HD- 01, APPLICANT, DAN A. IONESCU ARCHITECTS, P.A. AS AGENT REPRESENTING FRANK W. HOWELL, AS OWNER) = PASSED ON FIRST READING (AGENDA ITEM XIV-B-1) CD 9:36 through 9:41 City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant five minutes for presentation and three minutes for rebuttal; that the City will have five minutes for presentation and three minutes for rebuttal; that other interested persons will have five minutes to speak. Mayor Martin stated that hearing the Commission's agreement, the recommended time limits are approved. Mayor Martin requested that Commissioner ex parte communications, if any, be disclosed; hearing none, opened the public hearing; and requested that the Applicant come forward. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that the Applicants are not present; that a requirement of the Commission upon sale of the Waterworks Building was to seek local historic designation of the building; that proposed Ordinance No. 04-4540 incorporating Historic Designation Application No. 04-HD-01 is to historically designate the Waterworks building located at 1015 Orange Avenue. BOOK 56 Page 27688 04/19/04 2:30 P.M. BOOK 56 Page 27689 04/19/04 2:30 P.M. Mr. Hoglund continued that the Waterworks Building is a handsome brick Mediterranean Revival Building; that the basic layout of the building is the eastern third was originally constructed as offices; that the majority of the floor area housed the pumps; that the redevelopment plan has been reviewed by the Historic Preservation Board on a conceptual basis to determine the manner in which the peculiar interior layout can be best utilized; that an additional building will be joined on the western edge of the building with a similar silhouette to the design of the Waterworks Building; that a second new building will be constructed on the northern half of the property which has been preliminarily reviewed by the Historic Preservation Board; that the redevelopment plans will be presented to the Planning Board/Local Planning Agency (PBLP) in June 2004; that Staff recommends historic designation of the Naterworks Building. Mr. Hoglund further stated that the Waterworks Building was designated as a National historic building in 1994; that at its March 9, 2004, meeting, the Historic Preservation Board unanimously recommended local historic designation of the structure located at 1015 Orange Avenue, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota county, the State of Florida, or the United States of America; and 2. Is associated with events which have made a significant contribution to the broad patterns of our local, state or national history; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4540 by title only. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 04-4540 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yesi Palmer, yes; Servian, yes Atkins, yes. 28. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 03-4500, TO CONDITIONALLY VACATE THE WESTERN APPROXIMATELY 150 FOOT PORTION OF THAT CERTAIN 20 FOOT WIDE PLATTED ALLEY WHICH RUNS FROM EAST TO WEST BETWEEN 540 NORTH TAMIAMI TRAIL AND 500 NORTH TAMIAMI TRAIL AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02- SV-01, APPLICANT BRUCE E. FRANKLIN, PRESIDENT, LAND RESOURCE STRATEGIES, INC., AS AGENT REPRESENTING THE MAY GROUP, LLC) = PASSED ON FIRST READING (AGENDA ITEM XIV-A-5) AND QUASI- - JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4544, TO REZONE PROPERTY LOCATED AT 500 AND 540 NORTH TAMIAMI TRAIL FROM THE COMMERCIAL NEIGHBORHOOD (CN) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C- CBD) ZONE DISTRICT TO ALLOW A PROPOSED OFFICE DEVELOPMENT WITH A RETAIL COMPONENT; SAID DEVELOPMENT IS PROPOSED TO BE LOCATED ON THE EAST SIDE OF NORTH TAMIAMI TRAIL BETWEEN FIFTH STREET AND THE BOULEVARD OF THE ARTS; APPROVING SITE PLAN APPLICATION NO. 02-SP-02 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-02 AND 02-SP-02, APPLICANT BRUCE E. FRANKLIN, PRESIDENT, LAND RESOURCE STRATEGIES, INC. AS AGENT REPRESENTING THE MAY GROUP, LLC) - PASSED ON FIRST READING (AGENDA ITEM XIV-B-2) CD 9:41 through 10:17 Mayor Martin stated that proposed Ordinance No. 03-4500 incorporates Rezone Application No. 02-RE-02 and Site Plan Application No. 02-SP-02 to vacate a portion of the alley located east of Tamiami Trail between Fifth Street and Boulevard of the Arts; that proposed Ordinance No. 04-4544 to rezone property located at 500 and 540 North Tamiami Trail from the BOOK 56 Page 27690 04/19/04 2:30 P.M. BOOK 56 Page 27691 04/19/04 2:30 P.M. Commercial Neighborhood (CN) Zone District to the Commercial Central Business District (C-CBD) Zone District to allow a proposed office development with a retail component is associated with proposed Ordinance No. 03-4500; that the Applicant is Bruce Franklin, President, Land Resource Strategies, Inc., as agent representing The May Group, LLC. City Attorney Taylor stated that the recommendation is to allow the Applicant seven minutes for presentation and five minutes for rebuttal; that the City will have five minutes for presentation and for rebuttal; that Affected Persons will have five minutes to speak with three minutes for rebuttal; that other interested persons will have three minutes to speak. Mayor Martin stated that hearing the Commission's agreement, the recommended time limits are approved. City Attorney Taylor continued that the following persons have applied for and complied with the rules for obtaining Affected Person status: Laurie Rosin and John Lyons Mayor Martin stated that hearing the Commission's approval the Affected Persons are certified. Mayor Martin requested that Commissioner ex parte communications, if any, be disclosed; and hearing none, opened the public hearing, and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., as agent representing The May Group, LLC, and Robert Garriques, Chief Financial Officer, Uni/Care Systems, Inc., came before the Commission. Mr. Franklin referred to the Future Land Use Map of the area displayed on the Chamber monitors; and stated that the property is in the Downtown Urban Mixed-Use Future Land Use Classification; that an alley bisects the property; that the property is currently in the Commercial Neighborhood (CN) Zone District; that the request is to rezone the property to the Commercial Central Business District (CCBD) Zone District; that vacating the alley is proposed; that property in the Residential Multiple Family 3 (RMF-3) Zone District is directly behind the property; that property to the north is in the Commercial Central Business District (CCBD) Zone District; that Uni/Care Systems, Inc., is a software development company for behavioral health care, currently has 43 employees, and is the cluster type business the City hopes to attract to develop businesses in the Cityi and is preparing for future growth; that the building along US 41 facing Sixth Street will be set back and a plaza area will be provided to create a friendly pedestrian walkway; that retail is not included in the proposed project; that the existing alley will be vacated; that the Applicant will dedicate a public easement of 20 feet; that the proposed project accommodates a turning radius for waste trucks and emergency vehicles; that landscaping will provide buffering for the adjacent residential areas; that a driveway on US 41 will be eliminated and the public access continuity will be maintained; that access to the three-level parking garage is from Fifth and Sixth Streets; that a cafeteria with a small outdoor café will be provided; that the proposed project is a handsome, aggressive, and contemporary architectural design; that a stainless steel mesh product is utilized to disguise the parking garage on three sides. Mr. Garriques stated that Uni/Care Systems, Inc., favorably anticipates developing the property into a high technology image to reflect the high technology of the business. Mayor Martin requested that Staff come forward. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that Mr. Franklin provided a good presentation; that significant time was expended on the proposed project; that the request is for the CCBD Zone District which will be phased out in the future; that the alley vacation is a public benefit as a driveway will be removed from US 41; that the proposed Ordinance included in the Agenda backup material provides an additional condition to ensure the alley is constructed simultaneously to provide continuous use of the alley; that at its March 24, 2004, meeting, the Planning Board/Local Planning Agency (PBLP) found the proposal consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and voted 5 to 0 to recommend approval of the proposed rezoning, the proffered site plan, and the vacating of a portion of the alleyi that Staff's recommendation is approval of the rezoning, the proffered site plan, and the alley vacation. Commissioner Palmer asked if the alley vacation will not occur if the proposed project is not completed? BOOK 56 Page 27692 04/19/04 2:30 P.M. BOOK 56 Page 27693 04/19/04 2:30 P.M. Mr. Hoglund stated that the alley should be reconfigured regardless of the action concerning the proposed project. Commissioner Palmer stated that Staff must clarify the benefit of reconfiguring the alley. Mr. Hoglund stated that eliminating the alley entrance is in the public interest. Vice Mayor Servian stated that an outdoor café on US 41 is difficult to imagine; and asked the reason for requiring retail in the area of the proposed project? Mr. Hoglund stated that the original design included a retail component; that the café is not intended for walk-in trade but rather for employees in the building. Commissioner Palmer asked if the proposed project is consistent with the Future Land Use Classifications? Mr. Hoglund stated yes. Mayor Martin asked for clarification regarding the current use of the alley. Mr. Hoglund stated that improvements to the alley are occurring due to a recently approved development project; that the alley will be utilized for services such as waste collection, deliveries, etc.; that the alley has been designed to allow large vehicles to negotiate the turns. Mayor Martin asked the ingress and egress to the alley? Mr. Hoglund stated that access is from the north and south side of the building; that service vehicles will utilize the alley. Mayor Martin requested that the Affected Person come forward. Laurie Rosin, 3448 Tanglewood Drive, (34239), came before the Commission and stated that she owns 1238, 1240, 1242, and 1244 Boulevard of the Arts; that the primary concern is the alley; that development of a new project, "The Boulevard, 1 will be limited by the configuration of the alley; that people living on Sixth Street park in the alley. Ms. Rosin referred to photographs displayed on the Chamber monitors indicating the alleyi and stated that a moving van cannot traverse the alleyi that a vehicle cannot pass a large service vehicle in the alleyi that houses line the alley which have steps or stoops directly on the alley; that The Boulevard will contain retail and residential space generating significant traffic; that residents on Fifth Street have no place to park other than the alley. There was no one else signed up to speak. Mayor Martin requested that the Applicant come forward for rebuttal. Mr. Franklin came forward and stated that the radius of the alley was approved by the City's Engineering Department; that service and emergency vehicles can maneuver through the alley. Vice Mayor Servian asked if the parking garage of the proposed project will be closed at night? Mr. Franklin stated yes; that the alley will remain open during construction of the proposed project. Mayor Martin requested that Staff come forward for rebuttal. Mr. Hoglund stated that the allowance of parking in alleys is not known; that alleys are intended for service use; that the vision for all alleys in the City is to accommodate service vehicles. Mayor Martin stated that people park in alleys as no other parking is available. Mr. Hoglund stated that no on-street parking is available on Boulevard of the Arts; that on-street parking in available on Fifth Street; that the area will be redeveloped in the future which will accommodate parking and circulation requirements. Mayor Martin asked if the turning radius is adequate for large service vehicles? Mr. Hoglund stated that the Development Review Committee (DRC) and Staff have determined the radius is adequate. BOOK 56 Page 27694 04/19/04 2:30 P.M. BOOK 56 Page 27695 04/19/04 2:30 P.M. Mayor Martin requested that the Affected Person come forward for rebuttal. Ms. Rosin came forward and asked if the waste dumpster for food from the cafeteria in the proposed project will be buffered from neighbors; and if parking would be available for neighboring residents? Mayor Martin stated that the dumpster will be buffered. Mr. Franklin stated that the neighborhood will be respected; that the neighbors should approach the owners regarding parking. Vice Mayor Servian stated that sharing parking would be good for the residents; however, the residents must reach a solution with the owners. Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4544 by title only. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 04-4544 on first reading. Vice Mayor Servian stated that the design of the proposed project is sensitive to the neighborhood and the area; that the redevelopment project is good. Mayor Martin called for a vote on the motion to pass proposed Ordinance No. 04-4544 on first reading; and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Servian, yes; Atkins, yesi Bilyeu, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4500 by title only. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to pass Ordinance No. 03-4500 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 29. CITIZENS' INPUT CONCERNING CITY TOPICS: (AGENDA ITEM XV) CD 10:17 through 10:21 The following person came before the Commission: Joseph Munyak, 349 South Shore Drive, Osprey (34229), representing Sarasota Municipal Retired Employees Association (SMREA), stated that a Commission Workshop is being scheduled to discuss the total benefits package of City Employees; that the Benefits Focus Group was formed approximately three years ago; that the question is if the Benefits Focus Group will be included in the Workshop; that insurance is a significant concern for retirees; that the Benefits Focus Group members desire to participate in the Workshop; that significant time and effort has been exerted on the issue with monthly meetings over the past three years. Mayor Martin asked if the Commission wishes the Administration to contact Mr. Munyak and communicate the status of the Workshop? City Manager McNees stated that Mr. Munyak can be given the status of the Workshop at the current meeting; that the strategic Workshop will be scheduled to analyze the past and future benefits and salary strategies; that the City's ideals as an employer must be considered; that the work of the Benefits Focus Group is tactical; that the City has a clear vision of the entire benefits issues with existing employees and retirees; that having a way to interface with the Workshop on the strategic issues is importanti that the Benefits Focus Group should be involved; that the structure of the Workshop has not been addressed; that the Administration wishes to advise everyone affected by the outcome of the Workshop of the date, time, issues, and public input opportunity of the Workshop; that the most important factor is everyone should be aware of the discussions held during the Workshop. 30. NEW BUSINESS: RESCISSION RE: MOTION APPROVED 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 TO THE "COMMUNITY OFFICE / INSTITUTIONAL" FUTURE LAND USE CLASSIFICATION - BOOK 56 Page 27696 04/19/04 2:30 P.M. BOOK 56 Page 27697 04/19/04 2:30 P.M. RESCINDED MOTION APPROVED ON MARCH 11, 2004, TO DENY RESOLUTION NO. 04R-1708 AND ADOPTED RESOLUTION NO. 04R-1708 (AGENDA ITEM XVI-1) CD 10:21 through 10:35 Mayor Martin stated that proposed Resolution No. 04R-1708 is to change the Future Land Use Classification for property located on the south side of Main Street between Lime and Shade Avenues and was denied at the March 11, 2004, Regular Commission meeting; that the item to rescind the denial of proposed Resolution No. 04R-1708 was placed on the Agenda of the current meeting by Vice Mayor Servian. Vice Mayor Servian stated that rescission of the motion to deny proposed Resolution No. 04R-1708 was placed on the Agenda for several reasonsi that Commissioner Bilyeu's motion to adopt the Future Land Use Classification for the area should have been respected for the desires of Commissioner Bilyeu's District rather than voting to deny proposed Resolution No. 04R-1708; that discussions were held with Bruce Franklin, Land Resources Strategies, Inc., and James Wells Purmort, of Purmort, Martin and Mercier Insurance Agency, and neighboring citizens to resolve the concerns; that Mr. Franklin and Mr. Purmort also met with Staff to resolve some issues. Mayor Martin stated that the concern is a public hearing was held concerning proposed Resolution No. 04R-1708 which was closed; and asked for clarification as to the manner in which to proceed. City Attorney Taylor stated that discussions were held with the City Auditor and Clerk regarding if any more public input can be received outside of the public hearing process; that an agreement was reached indicating information can be offered in furtherance of understanding the rescission but not to reopen the application for further discussion; that the rescission should be handled prior to moving forward. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to rescind the motion approved on March 11, 2004, to deny proposed Resolution No. 04R-1708. Vice Mayor Servian stated that Commissioner Bilyeu should have been supported in representation of his District; that Commissioner Bilyeu was content with the moving to adopt proposed Resolution No. 04R-1708 forward; that discussions have been held with the Applicant and neighbors to find a way to introduce some residential use to ease the minds of the citizens. Commissioner Palmer stated that proposed Resolution No. 04R-1708 should have been adopted at the time first presented to the Commission if sO desired; that a decision was made to deny the request for a change in the Future Land Use Classification; that for Commissioners from one District to support an issue based on the support of another Commissioner from another District is a concern; that the Commissioners are individuals and must deal with issues which each individual Commissioner believes is best for the community; that the requested change in the Future Land Use Classification should go through the Evaluation and Appraisal Report (EAR) process as previously indicated; that every Commissioner has a right to a personal opinion; that the motion is not supported. Mayor Martin stated that the motion is not supported; that concern was voiced previously of governance by rescission; that obviously the concept of rescission is available to the Commission; that criticism is not meant; that such rescissions are entering on dangerous ground; that the concern is projects may be presented in one form which, if not approved, could be presented again with minor changes through rescission and another approval action; that rescission is a risky endeavor; that the quandary is understood; that a legislative-type issue which comes to the City as a Future Land Use Classification becomes complicated if the matter includes a quasi-judicial rezoning; that Commissioner Palmer's comments are understood; that the matter could have been addressed clearly and forthrightly at the time initially presented; that proceeding in such a manner after the public hearing is closed is a risky endeavor. Mayor Martin called for a vote on the motion to rescind the motion approved on March 11, 2004, to deny proposed Resolution No. 04R-1708. Motion carried (3 to 2): Atkins, yes; Bilyeu, yes; Palmer, no; Servian, yesi Martin, no. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to adopt proposed Resolution No. 04R-1708. BOOK 56 Page 27698 04/19/04 2:30 P.M. BOOK 56 Page 27699 04/19/04 2:30 P.M. Commissioner Bilyeu stated that Vice Mayor Servian is respected for the actions taken; that the participation of the neighborhood residents who met with Vice Mayor Servian is also appreciated; that Vice Mayor Servian was attempting to bring two parties together to resolve the concerns; that he did not actively participate in the discussions due to Florida's government-in-the-sunshine law; that the public hearing process was discussed with the neighbors; that the public hearing is Closed; however, the testimony from the public hearing can be discussed; that no testimony was elicited from the neighborhood association; that planning is not a science; that the art of negotiation is a part of planning; that constructing a liner building which everyone approves would be excellent; that the project was supported from the inception; that the end result will be good for all citizens involved; that the EAR process can be analyzed in the future. City Attorney Taylor stated that the process should be considered; that a quasi-judicial proceeding was held; that the Commission sat as judges in a quasi-judicial proceeding and listened to the evidence; that a right to rescind and revote the earlier decision exists; that the vote must be based on the evidence and the record made at the public hearing as opposed to discussions and input gathered subsequently; that the record must not indicate something taking place after the public hearing was Closed which is now changing minds and votes; that the process could be tainted by sO doing. Vice Mayor Servian asked if the proceeding was legislative in nature? Commissioner Bilyeu stated yes. City Attorney Taylor stated that an amendment to the City's Comprehensive Plan was being considered which is, in fact, a legislative decision; that the statements regarding the quasi-Judicial proceedings can be disregarded in this instance. Commissioner Atkins stated that the block was transitional 15 years ago when the building at the southeast corner was personally supported; that the Commission vote was split at that time; that the vision has been of something positive happening in the location; that the motion is supported. Vice Mayor Servian stated that the Applicants should continue to work with the neighborhood to create a positive solution; that having the neighborhood come forward with a positive idea to resolve the concerns is appreciated. Commissioner Palmer stated that proposed Resolution No. 04R-1708 is not supported due to the encroachment of a commercial use into a residential neighborhood; that the time to determine any appropriate change in the Future Land Use Classification would be during the EAR process. Mayor Martin stated that the motion is not supported; that the entire Commission is watching the neighborhood and hoping for a satisfactory solution; that assuring a respectful building design to face the residential area on Third and Fourth Streets has been a continual concerni that a feasible solution will be found to address the concerns of the neighborhood; that the motion is not supported as an incentive for the neighborhood to bring forward a project which will be successful and will be an example for other locations. Mayor Martin called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt proposed Resolution No. 04R-1708. Motion carried (3 to 2): Palmer, noi Servian, yes; Atkins, yes; Bilyeu, yes; Martin, no. 31. NEW BUSINESS: DISCUSSION RE: PROPOSED INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE SCHOOL BOARD OF SARASOTA COUNTY FOR THE COLLECTION OF SCHOOL IMPACT FEES APPROVED (AGENDA ITEM XVI-2) CD 10:35 through 10:51 Douglas James, Chief Planner, Planning and Redevelopment Department, Ken Marsh, Director of Long Range Planning, Sarasota County School District, Art Hardy, Attorney, Sarasota County School Board, and Robert Early, Associate Superintendent, Sarasota County School District, came before the Commission. Mr. James stated that impact fees are collected on behalf of the City and County for roads, libraries, and parks through Interlocal Agreements; that Staff has performed significant work to ensure the Interlocal Agreement with the School Board of Sarasota County (School Board) is similar to the agreements between the City and County; that School Board representatives BOOK 56 Page 27700 04/19/04 2:30 P.M. BOOK 56 Page 27701 04/19/04 2:30 P.M. have been consulted since November 2003 to prepare the Interlocal Agreement before the Commission; that Staff is recommending approval of the Interlocal Agreement and is also recommending endorsement of actions which the Sarasota Board of County Commissioners may elect to take to ease the administration of the waiver provisions. Mr. Early stated that an overview of the Capital Outlay needs and the rationale behind the impact fees will be presented; that discussion of the way the impact fees affect the schools within the City is important. Mr. Marsh stated that the School District is countywide; that the School District rarely considers the City limits; that up-to-date research will be presented to the Commission on students living within the City limits and the seven schools within the City boundaries which have a total of approximately 6,400 students from kindergarten through grade 12; that 56 percent of the 6,400 students attend the seven City schools; that the other nearly 3,000 students attend schools which are outside the City limits; that 23 other schools including another 12 schools in Venice and North Port have students from Sarasota attending classes; that 60 percent of the students attending the seven City schools actually come from outside the City limits; that the assignation of students to schools has little relationship to the City limits throughout the County; that the research which will be presented to the Commission also includes an overview of each of the seven schools located within the City limits indicating when the school was originally constructed, the recent additions and remodeling, the current number of portables at the schools; that portables and wings have been added at many of the schools to accommodate the November 2002 passage : of the Class Size Reduction Amendment; that many of the schools have future renovations planned; that $37 million is set aside for renovations and additions at the schools in the Five-Year Capital Plan for schools within the City limits. Mr. Marsh continued that Growth Management Collaboration is part of the research which was created as a result of the Interlocal Agreement on Growth Management related to schools which became effective in July 2003, which is working satisfactorily: that the Facility Strategy Team meets monthly with Staff in attendance; that Elmer Berkyl, who volunteers for many programs throughout the City and the County, is the City's representative on the Citizen's Oversight Committee, which provides extremely valuable input; that the School Board will also be commenting on any residential related rezonings which come before the Commission; that he is the school-appointed designee to the Planning Board/Local Planning Agency (PBLP) on student generation related issues; that the Interlocal Agreement is actually Countywide which includes information regarding the collection of the impact fee. Attorney Hardy stated that work has been performed with City Staff over the past few months; that the efforts of Sarah Schenk, City Attorney, City Attorney's Office, are appreciated; that an impressive Interlocal Agreement has been drafted; that the Interlocal Agreement should closely resemble prior Interlocal Agreements for collection of impact fees; that an efficient system was created for the governments and the people paying the impact fees all in one location; that meetings are scheduled for the County and other municipalities; that agreements have been reached with the Town of Longboat Key, Sarasota County for the unincorporated areas, and the City of North Port; that a meeting is scheduled next week for the City of Venice; that the cooperation and assistance of the Commission is requested in collecting the impact fees for the Sarasota County School Board. Mayor Martin stated that the Director of Housing and Community Development raised a question concerning administration of the fee waiver process. Mr. James stated that School Board Staff has been talking with Attorney Schenk and Donald Hadsell, Director of Housing and Community Development, as to how to address the matter administratively and legally relating to the Interlocal Agreement. Mr. Hardy stated that the two issues of collection and exemption are separate and distinct; that collection of impact fees is before the Commission at the current meeting; that the exemption process is a second issue for discussion; that a low-income housing exemption is built into the Interlocal Agreement; that the exemption granting process must be administered; that Housing and Community Development Staff is attempting to develop an efficient manner for citizens requesting down payment assistance; that the same people who qualify for the low income housing exemption will probably qualify for the impact fee exemption; that legitimate issues have been raised; that discussions were held earlier with Staff; that additional information is being gathered; that the anticipation is to meet with Staff in several weeks to address the BOOK 56 Page 27702 04/19/04 2:30 P.M. BOOK 56 Page 27703 04/19/04 2:30 P.M. concerns; that a presentation should be ready for the City and the School Board in approximately one month; that exemptions will probably be granted for a short period of time; that the Ordinance becomes effective May 1, 2004; that upon applying for the permit, either the exemption would be granted or the impact fee paid at the time of the Certificate of Occupancy (CO); that the time and confidence exists to resolve the issue. Attorney Schenk concurred. Commissioner Palmer stated that the change in the contract which considers the evaluation of affordable housing makes sense; that agreement to amend the original Interlocal Agreement to make the collection efforts work satisfactorily is appreciated. Elmer Berkyl, 2710 Bruce Lane (34237) representing the Citizens' Oversight Committee for the Intergovermmental Agreement on School Facility Planning, came before the Commission and stated that the hope is the Commission will support the Interlocal Agreement for the collection of school impact fees; that discussions have been held with City, County, and School Board Staff; that a meeting was attended with the Facility Planning Committee; that the interests of the City in future school planning will be considered as the City's representative; that the Interlocal Agreement is supported. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to approve the Interlocal Agreement for the collection of school impact fees within the City of Sarasota and to support the amendments to the appropriate County legislation relating to the administration of the fee waiver process. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yesi Servian, yes; Martin, yes. 32. COMMISSION BOARD AND COMMITTEE REPORTS REFERRED DEVELOPMENT OF A PROCEDURE TO ADDRESS THE HOMELESSNESS ISSUE TO THE ADMINISTRATION (AGENDA ITEM XV) CD 10:51 through 11:03 COMMISSIONER BILYEU: A. stated that the Community Action Board (CAB) presented an Action Plan which will be presented to the Sarasota Board of County Commissioners in an effort to prevent homelessness during a crisis situation - such as medical problems or loss of employment; that a proactive approach is being taken by the CAB to prevent citizens from becoming homeless; that significant funds allocated by the Salvation Army are to the area within the zip code 34234 which is within the City; that the question is the assistance the City could give; that the homelessness issue will most likely grow; that for the City to make efforts to keep citizens from becoming homeless is a positive endeavor; that a consensus is sought to have the City Manager look into the issue of homelessness and support the City can offer. Mayor Martin stated that the increased involvement of Commissioner Bilyeu is noticed and appreciated; that Commissioner Bilyeu has been seen at a significant number of Homeless Coalition meetings; that he sits on the Continuum of Care Board; that Manatee and Sarasota Counties and the City of Bradenton are funding agencies for the Continuum of Care, particularly the Homeless Management Information System as well as the three local foundations; that the traditional means of providing assistance have been through County grants and aid; that the Commission generally did not become involved in the social service issues; that dual taxation issues helped form the City's policy in the past; that the concern has been the lack of State funding for the Homeless Coalition; that the Commission should consider discussion regarding the subject; that a consensus to refer the matter to Administration to begin development of a procedure to address the subject may be appropriate; that Commissioner Bilyeu is requesting a consensus; and asked the wishes of the Commission? Vice Mayor Servian stated that referring the issue of support for the homeless to the Administration is supported. Commissioner Palmer stated that many social services issues in the City require consideration; that singling out one group of people is difficult; that mental health issues are also present and should be considered. Commissioner Atkins stated that groups involved with substance abuse and HIV/AIDS also require consideration. Commissioner Palmer stated that the City has been trying to get out of supplementing operating costs for various groups who have been allocated funds; that the City is very supportive of such issues within the community; however, using City funds in excess BOOK 56 Page 27704 04/19/04 2:30 P.M. BOOK 56 Page 27705 04/19/04 2:30 P.M. of what the Salvation Army and Gifts From God and other social services receive causes significant concern; that a majority of the Commission appears to support referring the matter to the City Manager. Mayor Martin stated that the City has attempted to remain strong in accordance with past policy; that the situation is difficult; that Commissioner Atkins is also raising concerns. Commissioner Atkins stated that the concerns expressed were not meant to indicate not supporting a referral to the City Manager to consider the situation; that prior Commissions have thwarted efforts toward social services is a personal concerni that sensitivity toward social services; that appreciation is expressed for another Commissioner bringing up the issue; that the issue should be considered. Mayor Martin stated that hearing the Commission's majority consensus, the policy and funding issues concerning the homeless is referred to the Administration for a report back. COMMISSIONER PALMER: A. stated that the most recent figures on investment performances for the three Pension Funds are available for December 31, 2003; that the General Employees Fund was at $97.7 million which was a 24.8 percent increase for the yeari that the Firefighters Fund was at $85.5 million which was a 24.4 percent increase for the year; that the Police Officers Fund was at $111.9 million which was a 18.6 increase for the year; that the figures should not imply the figures are above the levels when the figures previously began dropping; that all three funds have done extraordinarily well in the past year. B. stated that a trip to Tallahassee, Florida, was made the week of April 12, 2004, for the Manasota League of Cities (MLC) i that the situation at the State Legislature is unsettled; that the Senate passed a bill imposing a filing fee for prosecution of local Ordinance violations of $10; that a Court assessment plus $40 of Court costs will be charged to the non-prevailing party; that the total would be $50 rather a $200 filing fee which was initially discussed; that the State House of Representatives is interested in obtaining a 30 percent of all fines from local law enforcement agencies to support the Senate position on filing fees and contracting with State Attorneys and Public Defenders; that the cost would be astronomical; that the MLC is working hard to defeat the House Bill and support the Senate Bill; that House Bill 1477 concerning the Strategic Intermodal System will help fund transportation initiatives; however, funds could be taken away from local governments; that one possibility discussed was the 5 cent Environmental Land Management Study (ELMS), the local gas tax; that the MLC is proposing municipalities be authorized to adopt by referendum up to 2 cents per gallon and the Counties be authorized to adopt up to 3 cents per gallon of gas; that the cities rather than the counties would collect the local municipality portion, which would be utilized within the municipal limits; that the disability presumptions for police and firefighters will likely pass; that the MLC will request a veto from the Governor, which is unlikely to occur; that the Senate and the House of Representatives were sent letters of congratulations for the strong support of the Housing Trust Fund regarding the affordable housing issue; that an effort is being made to restrict local governments from deciding acceptable siting for cellular and wireless towers and antennae; that the year has not been good for cities and counties in the State; that the Florida Marlins baseball team is demanding $60 million from the Legislature or else the Florida Marlins will move to Arizona; that the demand has tainted the City's relationship with Senator James E. "Jim" King, Republican, District 8, President of the Florida Senate, who indicated no funding will be given to any Major League baseball team sO funding for the City's Spring Training facility could be in jeopardy. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Patrick Calhoon, Manager, Sports Facilities, Ed Smith Stadium Sports Complex, was to contact Mayor Wayne Poston of Bradenton, Florida, which has been done. Mayor Martin stated that the lobbying efforts by the Commission in Tallahassee are appreciated. BOOK 56 Page 27706 04/19/04 2:30 P.M. BOOK 56 Page 27707 04/19/04 2:30 P.M. 33. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XVI) CD 11:03 through 11:32 COMMISSIONER ATKINS: A. stated that the burden of the community is often not realized; that an experience occurred on Friday, April 16, 2004, where a young man was boxing and carrying the community on his back; that the experience was special and attended personally; that China Smith is congratulated on his victory and diligent work in the community and with the church; that Mr. Smith is thanked for staying in the City. B. stated that the Commission is thanked for passing the appropriation for the property required to finish the project at the Fredd Atkins Park; that Nathan Coon and family are thanked for going through a difficult process; that the property has been in the Coon family for - an extended period of time; that the best was done to honor the family; that having the sale of the property work out for the Coon family is appreciated. COMMISSIONER PALMER: A. stated that requesting budgets prior to the completion of the Strategic Plan is a concern; that compiling a budget without a completed Strategic Plan is difficult; that the entire Table of Organization should be established sO measures and outputs can be developed. City Manager McNees stated that the budget and the Strategic Plan will be merged. Commissioner Palmer stated that the document has not been seen; and asked if the document is available? City Manager McNees stated that the Strategic Plan is being integrated into the budget sO the strategic issues will be included with the budget. Commissioner Palmer stated that the budgets were due prior to completion of the Strategic Plan; that having the budgets created based on an unavailable Strategic Plan is a concern. City Manager McNees stated that the Department Heads actually wrote and possess the strategic objectives. B. stated that the Commissioners are thanked for the support during her tenure as Mayor; that much was accomplished over the last year including important legislation and working with the community; that being in the center of the Commission table and being the main representative for the City was an honor; that the Commission was phenomenal; that the Commission is thanked for the support, efforts, and contributions to the City. COMMISSIONER BILYEU: A. stated that the social services issue is immense in the City; that a proactive approach to homelessness is necessary; that additional funds should be budgeted to address homeless issues; that Sarasota Court Watch is an excellent program; that funding for Sarasota Court Watch is coming from the Sarasota Police Department; that the new laws and regulations which will take effect in the near future may limit the appropriation of funds in such manner. B. stated that the Commission has discussed establishing a volunteer groupi that the negotiations regarding salaries and benefits raises the level of interest; that a City volunteer group could assist in curbing costs, etc.; that the City should begin the process; that departments could be enhanced in different ways; that the Sarasota Police Department has been enhanced by the Citizen Volunteers; that time is of the essence; that the citizens should be apprised of what the City does as an organization and the volunteer hours people give to the United Way and other programs; that City Staff goes above and beyond what is required; that the Staff works hard, plays hard, and volunteers many hours in the community. C. stated that the Poinsettia Park neighborhood expressed an interest in an Overlay District; that City Manager McNees attended the Poinsettia Park Neighborhood Association meeting recently; that the discussion BOOK 56 Page 27708 04/19/04 2:30 P.M. BOOK 56 Page 27709 04/19/04 2:30 P.M. included commercial vehicles, canopies, and setbacks; that the matter will be turned over to Staff who can offer some future guidance to the Commission. D. stated that discussions were held regarding the Sarasota Film Festival and the participation of other counties and cities with film festivals; that sponsorships should be discussed with the Administration; that Commission approval to discuss the matter would be appreciated. E. stated that a summit, a symposium, or a conference should be scheduled to discuss possibilities for the Sarasota Fairgrounds; that a plan for locating a conference center on Fruitville Road was once suggested; that collaboration and discussion with all parties involved is important; that the Fairgrounds is a large parcel of land within the City limits. F. stated that the time of meetings has been raised as a concern on several occasions; that consideration should be given to beginning meetings earlier to end at a reasonable time; and asked the wishes of the Commission? Vice Mayor Servian stated that beginning the meetings at 2:30 p.m. was a significant step towards ending the meetings at a reasonable hour. Mayor Martin stated that the meeting time would be ideal for retreat discussion; that the Administration is constantly given new ideas during Remarks of Commissioners; that the significant size of Administration's list of job tasks should be considered; that matters discussed should be definitive; that the amount of information to which the Administration can be responsive should be respected; that a retreat will be scheduled soon to discuss the matters. Commissioner Bilyeu stated that the Agenda Item of Remarks of Commissioners is rushed as everyone is ready to leave; that the Commission has a job to do; that the Commission is must conduct its business in open meetings; that some items discussed are not being accomplished; that the question is when will the issues get handled; that handling the issues at a retreat is fine; that a retreat has been planned for six or seven months. Mayor Martin stated that many suggested ideas are excellent; that the issue is the amount of time Staff has available; that the Agenda item Remarks of Commissioners is a good opportunity to raise issues; that the issues should possibly be put on a future Agenda to consider formally and sO more thought can be given to the items before coming to the Commission; that the Agenda Item Remarks of Commissioners is the time to suggest items for future Agendas. Commissioner Bilyeu stated that the agreements of three Commissioners was being sought to give the City Manager direction concerning policy issues and expending monies; that three votes are required to direct a matter to Administration; that the matters being raised can be worked out; that the citizens expect the, Commission to bring matters to the table which are not being accomplished. Mayor Martin stated that the matters could be better handled at a retreat; that any Commissioner can ask to have an item put on the Agenda; that a consensus is not necessary to place an item on the Agenda. Commissioner Atkins stated that clarification may be necessary from the City Auditor and Clerk; that the understanding was the Agenda was under the control of the Mayor, and asked for clarification. City Auditor and Clerk Robinson stated that any Commissioner can place an item on the Agenda. G. stated that someone approached him about obtaining a hot dog vending license to operate at Centennial Park; that currently vending is only allowed in parks by written contract approved by the Commission; that discussions were held with the City Manager; and asked the time the matter should be brought up for discussion? Vice Mayor Servian stated that the matter would go on the Agenda under New Business. Commissioner Bilyeu asked if the research must be done personally? City Auditor and Clerk Robinson stated that the matter can be placed on the Agenda; that the person can sign up to speak to the issue. BOOK 56 Page 27710 04/19/04 2:30 P.M. BOOK 56 Page 27711 04/19/04 2:30 P.M. Commissioner Bilyeu stated that currently nothing is on the table to allow people to speak to the issue; that a policy decision is required. City Auditor and Clerk Robinson stated that an Ordinance would be necessary to change the existing policy. Commissioner Palmer stated that the matter could be placed on the Agenda for discussion; that the matter need not be presented; that the issue is brought up as a concern; that a consensus would then be reached by the Commission as to whether to study the matter and refer the matter to the Administration. Commissioner Bilyeu stated that no problem is had doing such; and asked the reason for the Agenda Item of Remarks of Commissioners? Commissioner Palmer stated that the Agenda Item of Remarks of Commissioners to explain what has been done, where a person has been, or something of significance. Mayor Martin stated that a comment with context to ask for the placement of an item on the Agenda is also appropriate. V. Peter Schneider, came before the Commission and stated that the vending license matter concerns the Zoning Code (2002 Ed.); that the matter was placed on the Agenda and referred to the Administration; that the Administration would provide direction regarding the section of the Zoning Code (2002 Ed.) requiring an amendment; that the matter would then be set for public hearing if the Commission desires to proceed. City Manager McNees stated that a discussion was held with Commissioner Bilyeu; that the item could have been placed on the Agenda for the May 3, 2004, Regular Commission meeting; that the concern was if Staff would be prepared to discuss the issue at the meeting; that the process would be to achieve Commission consensus to place the issue on a future Agenda with a Staff report; that a key concern is if the Agenda Item of Remarks of Commissioners should be utilized to direct items be placed on a future Agenda which may not be a productive method to have issues included on the work plan; that the struggle begins when the Commission has questions but does not want to appear as unwilling to cooperate; that the result is a silent consensusi that such items would be better considered at the retreat; that a decision could be made at the retreat regarding the formal or informal process of placing items on the Agenda, which is the crux of the issue. Mayor Martin stated that the retreat has not yet been attended by the new Commission; that the policies, procedures, and consensus process is not defined; that the discussion has been healthy and has provided a significant Agenda item for the retreat; that Commissioner Bilyeu is thanked for his comments. VICE MAYOR SERVIAN: A. stated that a meeting relative to the issue of taxation was attended by Mayor Martin and herself at the Lido Key Neighborhood Association the weekend of April 17, 2004; that many of the Lido Key residents are part-time residents and do not understand the Save Our Homes Amendment or the Homestead Exemption; that the residents had a better understanding of the concepts but did not feel much better upon the conclusion of the meeting; that the residents will not have much reprieve until the residents declare a Homestead Exemption; that the meeting was informative; that members of the County and the School Board of Sarasota County attended; that State legislatures were in session and could not attend. B. stated that lobbying was performed in Tallahassee, Florida, the week of April 12, 2004, with Commissioner Palmer; that an article in the April 18, 2004, Sarasota Herald-Tribune entitled Sarasota County Beefing Up Its Lobbying Efforts was read; that the state of affairs has become complex enough to consider hiring a lobbyist during the Legislative Session to represent the City and to keep apprised of developments in Tallahassee; that a grasp of the State legislative developments is difficult; that a collaboration with other incorporated cities in the area concerning lobbying efforts could be beneficial; that the hiring of a lobbyist should be put on a future Agenda for discussion; that the State Legislative Session will not begin for another year. C. asked if a date for the Commission retreat has been scheduled? City Auditor and Clerk Robinson stated that the retreat is scheduled for June 28, 2004, from 2:00 to 8:00 p.m. BOOK 56 Page 27712 04/19/04 2:30 P.M. BOOK 56 Page 27713 04/19/04 2:30 P.M. Vice Mayor Servian stated that a list of issues to discuss during the retreat should be provided sO the Commission will not be overwhelmed on the day of the retreat. MAYOR MARTIN: A. stated that the City is the leaseholder and owner of the property at the Pelican Man's Bird Sanctuary; that allegations have arisen which had not been previously proven; that the idea was for the City to wait until the allegations were proven; however, the State has now found the allegations true; that the State stepped in and imposed a Cease and Desist Order; that the Sarasota County Sheriff's Department is involved in an investigation at the Pelican Man's Bird Sanctuary on another issue; that the Administration should carefully analyze the potential - breach of the lease agreement prior to further involvement in the issue; that the concern is not finding the operation in breach of the lease and putting an end to the lease; that the concern is to assure the Pelican Man's Bird Sanctuary is on track with all the proper permits and licenses; that the Pelican Man's Bird Sanctuary is a great service to the community. B. stated that the Affordable Housing Workgroup which the County has formed made a presentation to the Sarasota Board of County Commissioners (BCC); that two City representatives were a part of the work group; that a presentation to the City Commission is desired from Staff for a better understanding of the recommendations and the potential role the City Commission can perform. Mr. Schneider stated that a meeting was held with County Staff; that the scheduling of an hour workshop presentation to the BCC was requested; that Staff will be contacted to schedule a workshop presentation. C. stated that the issue of the entire Commission or the Mayor signing Proclamations has varied in the past; that he would be more than willing to sign Proclamations if the Commission did not desire to do so; that any thoughts on the matter would be appreciated. Commissioner Palmer stated that the preference is for the entire Commission to sign Proclamations. Vice Mayor Servian stated that the citizens prefer having the signatures of the entire Commission. 34. OTHER ATERSADKNISTATIV: OFFICERS (AGENDA ITEM XVII) CD 11:32 through 11:37 CITY ATTORNEY TAYLOR: A. stated that the workshop concerning Legal Services is scheduled for May 21, 2004; that Jim English, City Attorney for the City of Tallahassee, Florida, is available for the Workshop; that Attorney English will be invited by Staff if his attendance is desired. Mayor Martin stated that Attorney English's role in the Workshop would be to discuss the transition of legal services if desired by the Commission; that the cost of Attorney English's services are reasonable; that his attendance is desirable. Commissioner Palmer stated that the previous indication was the three Charter Officials were working on a program to determine the handling of legal services in the department and to control the management; that no report has been seen; that the Commission requested a report some time agoi and asked the status? City Attorney Taylor stated that no report has been provided as the subject is multi-faceted; that the law firm of Taylor, Lawless, & Singer is one facet; that the City Manager's office is one facet; that other outside facets exist; that the report is being prepared; that a report is not out partially due to being in the process of preparing the annual report indicating the City's state of legal fees compared to one year ago; that the report will be completed by the end of April 2004; that a list which indicates the legal matters handled throughout the year will be simple; that proving the production of changes along with the numbers is more difficult; that outside legal counsel expenses for labor relations is approximately one-third of the expenses of last year at the same time; that positive results are occurring in the office of Kurt Hoverter, Director of Human Resources. BOOK 56 Page 27714 04/19/04 2:30 P.M. BOOK 56 Page 27715 04/19/04 2:30 P.M. Commissioner Palmer stated that the costs are internally being reduced; that the hope was a way of tracking the reduction was available. Mayor Martin stated that the City is doing things to reduce the legal costs; that the Charter Officials should bring the information forward to the Commission when available; that the information will be crucial for the May 21, 2004, Legal Services Workshop as one of the main tools to utilize in order to make the proper assessments. CITY AUDITOR AND CLERK ROBINSON: A. stated that the County will be making a presentation concerning the Conference Center at the May 17, 2004, Regular Commission meeting; that the presentation will be placed on the afternoon or evening Agenda. Mayor Martin asked if the presentation would be allowed more time than seven minutes? City Auditor and Clerk Robinson stated that the County is requesting up to 30 minutes; that the goal is to reduce the time to 20 minutes with 10 additional minutes for questions. 35. ADJOURN (AGENDA ITEM XVIII) CD 11:37 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of April 19, 2004, at 11:37 p.m. - Puul dlafir RICHARD F. MARTIN, MAYOR ATTEST: BilyE Aabenoon BILLY EC ROBINSON, CITY AUDITOR AND CLERK BOOK 56 Page 27716 04/19/04 2:30 P.M.