MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 15, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Vice Mayor Richard F. Martin and City Manager Michael A. McNees PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Palmer stated that Vice Mayor Martin and City Manager McNees are visiting China as a cultural exchange and therefore will not be present for either session of the meeting. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:31 through 2:34 Michael Brown, President, Lido Shores Property Owners Association, 1155 Center Place (34236), came before the Commission and stated that he is requesting a Barrier Island Chapter as an addition to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that a Barrier Island Chapter or other Barrier Island alternative is necessary to respond to concerns of residents who live on Lido Keyi that unlike the mainland, barrier islands are fragile environments in a constant state of change by natural forces; that considering the unique and distinct features of barrier islands, current zoning laws and traffic regulations, which may be suitable for mainland communities, are not suitable for barrier island communities; that all environmental studies indicate building should not occur on barrier islands; that two questions are, how much more development or mis-development can a barrier island withstand and the point at which development begins to undermine current life investment on the barrier islands; that an avenue BOOK 55 Page 26592 12/15/03 2:30 P.M. BOOK 55 Page 26593 12/15/03 2:30 P.M. to answer the questions is perhaps with a Barrier Island Chapter or Barrier Island Zone District which will provide answers to the important questions. 2. APPROVAL RE: : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF NOVEMBER 19, 2003, AND REGULAR COMMISSION MEETING OF DECEMBER 1, 2003 = APPROVED (AGENDA ITEM II) CD 2:34 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the November 19, 2003, Special Commission meeting and the minutes of the December 1, 2003, Regular Commission meeting are approved by unanimous consent. 3. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:34 through 2:35 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. I, Item No. IV-A-10, Approval Re: Change Order Number 3, Payne Terminal Seawall Replacement Project, per the request of City Engineer/Director Daughters. B. Add Consent Agenda No. I, Item No. IV-A-11, Approval Re: Commissioner Servian to travel to Treviso, Italy, as a representative of the City, per the request of Mayor Palmer. C. Remove Consent Agenda No. I, Item No. IV-A-7, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Assignment and Assumption of Contract between Browning-Ferris Industries (BFI) and Waste Services, Inc. assigning BFI's interest in its Sarasota agreement to Waste Services, Inc. The restated Service Agreement between the City of Sarasota and BFI, dated April 3, 1995, requires that the City Commission approve the assignment, per the request of Deputy City Manager Schneider. Mayor Palmer asked if the Commission had any objections to the Changes to the Orders of the Day? Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Mayor Palmer stated that Consent Agenda No. I, Item No. IV-A-11 is to appoint Commissioner Servian as the leader of the City's delegation to Treviso, Italy, representing the Commission. Mayor Palmer asked if any Commissioner wished to remove an item from Consent Agenda Nos. 1 or 2; and hearing none, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. 4. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD' S REGULAR MEETING OF NOVEMBER 12, 2003 = AUTHORIZED SPENDING $600 FROM THE HISTORIC PRESERVATION DEMOLITION FUND TO PAY CONSULTANT, MIKKI HARTIG OF HISTORICAL AND ARCHITECTURAL RESEARCH SERVICES, TO PREPARE AND SUBMIT A GRANT APPLICATION TO THE STATE FOR PHASE III OF THE SURVEY OF HISTORICAL RESOURCES FOR SUBMISSION BY THE DECEMBER 15, 2003, DEADLINE; RECEIVED REPORT (AGENDA ITEM III-1) CD 2:35 through 2:40 Tom Luzier, Chair of the Historic Preservation Board, and Harvey Hoglund, Senior Planner, Planning and Redevelopment, came before the Commission. Mr. Luzier presented the Eollowing items from the November 12, 2003, meeting of the Historic Preservation Board: A. Survey of Historical Resources Mr. Luzier stated that the Historic Preservation Board voted unanimously 7 to 0 to request the Commission authorize spending $600 from the Historic Preservation Demolition Fund to pay consultant, Mikki Hartig of Historical and Architectural Research Services, to prepare and submit a grant application to the State for Phase III of the Survey of Historical Resources for submission by the December 15, 2003, deadline. BOOK 55 Page 26594 12/15/03 2:30 P.M. BOOK 55 Page 26595 12/15/03 2:30 P.M. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to authorize spending $600 from the Historic Preservation Demolition Fund to pay consultant, Mikki Hartig of Historical and Architectural Research Services, to prepare and submit a grant application to the State for Phase III of the Survey of Historical Resources for submission by the December 15, 2003, deadline. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. B. Cultural District Master Plan Mr. Luzier stated that the Historic Preservation Board has reviewed a draft of the recommendations for the Cultural District Master Plan; that the Historic Preservation Board will receive a report in January 2004 indicating the recommendations which will impact the historic resources in the Cultural District; that the Historic Preservation Board is unsure if the Historic Preservation Board is aligned with the recommendations; that the Historic Preservation Board will report back to the Commission subsequent to the January 2004 Historic Preservation Board meeting. C. List of Priority Issues Mr. Luzier distributed a list of priority issues and stated that the Historic Preservation Board created the list of priority issues which face the Historic Preservation Board in recognition of the limitations of Staff time and discussions regarding effective utilization of time and to utilize the Historic Preservation Board's time effectively; that issues addressed are a combination of information from the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), Commissioner recommendations, Historic Preservation Board member recommendations, and other board recommendations; that Staff and Historic Preservation Board members will meet shortly to prioritize the issues to determine the manner to allocate and effectively use the time of the Historic Preservation Board; that Commission comments regarding effective use of time will be appreciated. Commissioner Servian asked if the Historic Preservation Board has decided to meet during evening hours? Mr. Hoglund stated that Historic Preservation Board meetings will be conducted in the afternoons at 4:00 p.m. Commissioner Servian stated that late afternoon meetings will benefit Staff by alleviating the necessity to attend meetings after regular working hours. Mayor Palmer stated that understanding Staff commitment and the outside time attending other meetings including Commission and Planning Board/Local Planning Agency (PBLP) meetings is important; that a concern is to be very careful about utilizing Staff time during normal working hours sO Staff is not required to spend any more time outside the regular workday than absolutely necessary. Mr. Luzier stated that 4:00 p.m. is a good time allowing for an extension of meetings for a short time if necessary and is easier to work into work schedules for citizens serving on the Historic Preservation Board. Mayor Palmer stated that a number of conversations were held with members of the Historic Preservation Board regarding time commitments; that the efforts of the Historic Preservation Board members and Staff to resolve various issues are appreciated. Commissioner Atkins stated that the priority list does not include the Central Cocoanut neighborhood. Mr. Luzier stated that the Central Cocoanut neighborhood is one of the elements in the Phase II surveys for a possible Central Cocoanut Historic District which will be addressed in the future round of surveys; that boundaries will be identified for the Central Cocoanut Historic District area to determine which properties to address in Phase II; that the Historic Preservation Board will report back to the Commission with recommendations once the work is completed. Mayor Palmer asked if historic preservation will be included in the Central Cocoanut Neighborhood Action Strategy, Mr. Luzier stated that Phase II of the Historic Preservation work and development of the Central Cocoanut Neighborhood Action Strategy are two separate endeavors which are coincidentally linked. BOOK 55 Page 26596 12/15/03 2:30 P.M. BOOK 55 Page 26597 12/15/03 2:30 P.M. Mayor Palmer stated that the Central Cocoanut Neighborhood Action Strategy should include a discussion regarding historic preservation. Mr. Luzier stated that upon completion of the Phase II surveys, the Historic Preservation Board will provide a list not only of the areas included in the historic district but also of historic buildings identified in the area; that the surveys will provide a better grasp of the building composition of the area; that Phase II of the survey was intended as a northern expansion from the survey previously conducted in the Downtown area; that at the third or fourth phase, surveying south and east from Downtown will occur, which is the next logical step as work in Phase I has been completed. Mayor Palmer stated that historic preservation should be included in all the Neighborhood Action Strategies. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to receive the Historic Preservation Board's report of the November 12, 2003, meeting. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4,5,6,8, 9, 10, AND 11 = APPROVED; ITEM NO. 7 - REMOVED UNDER CHANGES TO THE ORDER OF THE DAY (AGENDA ITEM IV-A) CD 2:40 through 2:44 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Sarasota County regarding a grant from the West Coast Inland Navigation District for the reimbursement of funds expended by the City of Sarasota for the upgrade of safety equipment, construction of a launch facility and the removal of derelict vessels within the City limits that may cause a safety hazard to persons or marine life. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to State Highway Lighting, Maintenance and Compensation Agreement between the City of Sarasota and the Florida Department of Transportation (FDOT) stating that the City shall maintain the "street lighting" but not maintain any additional bridge structure lighting (work lights, down lighting, navigational lighting, and draw bridge traffic signalization) on Ringling Causeway Bridge (SR 789), New Pass Bridge (SR 789), or Siesta Drive Bridge (SR 758). 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Quitclaim Deed quitclaiming any interest in the sanitary sewer easement under and across Lots 17 and 18, Cherokee Lodge Subdivision to the owner of these lots. 4. Approval Re: Authorize the Director of Housing and Community Development to prepare and submit to the Florida Department of Community Affairs an application for $50,000 in funding under the Hurricane Loss Mitigation Program to conduct wind loss retrofits on homes owned by low- and moderate-income families in the Front Porch Community. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement for Housing Opportunities for People with AIDS (HOPWA) Grant Implementation Services between the City of Sarasota and The Health Planning Council of Southwest Florida, Inc. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the West Coast Inland Navigational District Grant Agreement between the City of Sarasota and Sarasota County for the construction of rest rooms at Centennial Park. 8. Approval Re: Authorize Staff to proceed with the Zoning Text Amendments for the 1st Cycle in 2004. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Commission Services Agreement between the City of Sarasota and Shelley Lederman, a sole proprietor, for the Van Wezel Performing Arts Hall for the purpose of assisting in helping visitors, performers, crews, patrons, guests and others and to coordinate with hotel and rental car companies for the BOOK 55 Page 26598 12/15/03 2:30 P.M. BOOK 55 Page 26599 12/15/03 2:30 P.M. collection of commissions arising out of the increased visitors to the Hall. 10. Approval Re: Change Order Number 3, Payne Terminal Seawall Replacement Project. 11. Approval Re: Commissioner Servian to travel to Treviso, Italy, as a representative of the City. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1659) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1686) = ADOPTED; ; ITEM 3 (RESOLUTION NO. 04R-1687) - ADOPTED ; ITEM 4 (RESOLUTION NO. 04-1688) = ADOPTED ; ITEM 5 (RESOLUTION NO. 04-1689) ADOPTED; ITEM 6 (ORDINANCE NO. 03-4504) - ADOPTED, ; AND ITEM 7 (ORDINANCE NO. 04-4519) - ADOPTED (AGENDA ITEM IV-B) CD 2:44 through 2:47 1. Adoption Re: Proposed Resolution No. 03R-1659, appropriating $18,800 from the Mandatory Law Enforcement Trust Fund (114-070) to fund Police Officer training and continued education for potential and existing officers at training institutions and programs other than those held by the Sarasota Police Department; etc. 2. Adoption Re: Proposed Resolution No. 04R-1686, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 04R-1687, appropriating $20,000 from the unappropriated fund balance of the General Fund to fund one-half the cost (not to exceed $20,000) of a real estate market study and a public relations plan in connection with the Housing Authority's application for the HOPE VI Revitalization Grant; etc. 4. Adoption Re: Proposed Resolution No. 04R-1688, appropriating $10,145.52 from the unappropriated fund balance of the General Fund to pay expenses for the months of June through November 2003 for the consultant facilitating the Strategic Plan for the City; etc. 5. Adoption Re: Proposed Resolution No. 04R-1689, pledging support for the HOPE VI Grant Application of the Sarasota Housing Authority by committing the expenditure of Entitlement Grant Funds to the HOPE VI Revitalization area if the grant is awarded; etc. (Title Only) 6. Adoption Re: Second reading of proposed Ordinance No. 03-4504, amending Sarasota City Code Section 33-248, Chapter 33, Article VII, Schedules, pertaining to the speed limit on certain local streets; setting forth findings resulting from the traffic investigation by the City Engineering Department; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. (Title Only) 7. Adoption Re: Second reading of proposed Ordinance No. 04-4519, amending the Sarasota City Code Chapter 33, Traffic and Motor Vehicles, Article VII, Schedules, Section 33-249, Schedule II: One-way Streets and Alleys by changing First Street between Orange and Lemon Avenues and Second Street between Orange and Central Avenues to one way streets for a temporary period set forth herein; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1659, 04R-1687, and 04R-1688 in their entirety and proposed Resolution Nos. 04R-1686 and 04R-1689 and Ordinance Nos. 03-4504 and 04-4519 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 7, inclusive. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion BOOK 55 Page 26600 12/15/03 2:30 P.M. BOOK 55 Page 26601 12/15/03 2:30 P.M. carried unanimously (4 to 0) : Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 7. UNFINISHED BUSINESS: APPROVAL RE : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE TERMINATION OF LICENSE AND EASEMENT DATED OCTOBER 30, 1956 RELATIVE TO THE FIRST STREET TUNNEL REMOVAL AND REIMBURSEMENT AGREEMENT APPROVED (AGENDA ITEM VI-I) CD 2:47 through 2:49 Mayor Palmer stated that the item is to authorize the Mayor and City Auditor and Clerk to execute the Termination of License dated October 30, 1956, relative to the First Street Tunnel Removal and Reimbursement Agreement. Richard Winters, Manager, Engineering Projects, came before the Commission and stated that pursuant to the Tunnel Removal and Reimbursement Agreement between the City and the Five Points Sarasota Investors, LLC, the tunnel, as identified in the Easement and License dated October 30, 1956, has been removed to the. satistaction of the City Engineer; therefore, the Easement and License can be terminated pursuant to the Tunnel Removal and Reimbursement Agreement; that the City is seeking reimbursement as provided in the Tunnel Removal and Reimbursement Agreement. Mr. Winters continued that Staff recommends the Commission approve the termination of License and Easement dated October 30, 1956, and authorize the Mayor and City Auditor and Clerk to execute the Termination of License and Easement. On motion of Commissioner Atkins and second of Commissloner Bilyeu, it was moved to approve the termination of the License and Easement dated October 30, 1956, and authorize the Mayor and City Auditor and Clerk to execute the Termination of License and Easement. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. 8. UNFINISHED BUSINESS: APPROVAL RE: PLACING THE SIESTA DRIVE DRAINAGE PROJECT FROM THE WEST END OF THE SARASOTA BAY BRIDGE TO THE HANSON BAYOU BRIDGE ON HOLD PENDING COMPLETION OF TASK FORCE REVIEW OF PROJECT NEED AND CONCEPT DESIGN SATISFACTORY TO THE NEIGHBORHOOD; AND APPROVE CREATING A TASK FORCE TO MAKE DESIGN RECOMMENDATIONS APPROVED (AGENDA ITEM VI-II) CD 2:49 through 2:58 Mayor Palmer stated that the item is to place the Siesta Drive drainage project on hold pending completion of task force review of project need and concept design satistactory to the neighborhood and approve creating a task force to make design recommendations. Richard Winters, Manager, Engineering Projects, came before the Commission and stated that The Bay Island Neighborhood Association is opposed to the current design of the Siesta Drive Drainage Project as the current design consists of open swales on both sides of Siesta Drive, which is not appropriate for the main entry for Siesta Key; that the residents desire a more elaborate project and a piped stormwater system with curbs and gutters, landscaping, etc.; that Staff recommends putting the project on hold; that Staff recommends creation of a Task Force consisting of neighborhood residents, Staff, Florida Department of Transportation (FDOT) staff, and consultants to review project need and concept design. Commissioner Servian stated that a better way to phrase the residents' desire for a more elaborate design is as a more aesthetically pleasing design; that open swales will not be attractive to visitors to Siesta Key; that current County Commissioner Nora Patterson served on the City Commission at the time the project was approved and recently indicated at a neighborhood meeting the development of open swales was not known at the time the project was approved, which was interesting; that placing the project on hold is appropriate. Commissioner Bilyeu asked the reason the current proposed project is no loger acceptable? Mr. Winters stated that the original project was an interim project to solve flooding problems in the area; that the FDOT has provided solutions for drainage; that the aesthetics of the neighborhood have become more important. BOOK 55 Page 26602 12/15/03 2:30 P.M. BOOK 55 Page 26603 12/15/03 2:30 P.M. Commissioner Bilyeu stated that a concern is the cost for the project; and asked if an additional $2 to $3 million will be required to fund a project as desired by the residents? Mr. Winters stated that an additional $2 to $3 million is an estimate; that the cost could possibly be less. Commissioner Bilyeu asked if the flooding problems have been solved in the area? Mr. Winters stated that some flooding still occurs; that Staff continues to address solutions to curtail flooding. Mayor Palmer stated that safety issues exist in addition to aesthetic issues; that the sidewalk is going up against the walls adjacent to the right-of-way creating a danger of backing into a bicyclist or pedestrian; that conversations with the neighborhood residents indicate the expense may be more than the City and FDOT can fund; that a public/private partnership with the neighborhood association or the property owners is a possibility; that creating a task force is important to determine funding possibilities; that a resolution to assure an appropriate project is important. Commissioner Servian asked if Staff will be responsible for taking the lead to create the task force? Mr. Winters stated yes. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to place the Siesta Drive drainage project on hold pending completion of task force review of project need and concept design satisfactory to the neighborhood and approve creating a task force to make design recommendations. Commissioner Servian thanked Staff and the representatives from the neighborhood present in the Chambers; and stated that the Siesta Key Neighborhood Association is a good group and made sound recommendations to improve the project. Mayor Palmer called for a vote on the motion to place the Siesta Drive drainage project on hold pending completion of task force review of project need and concept design satisfactory to the neighborhood and approve creating a task force to make design recommendations. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Palmer, yes. The Commission recessed at 2:58 p.m. and reconvened at 6:00 p.m. 9. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR NOVEMBER 2003, DETECTIVE DAN WILDTRAUT, CRIMINAL INVESTIGATIONS DIVISION, SARASOTA POLICE DEPARTMENT (AGENDA ITEM IX-1) CD 6:00 through 6:01 Mayor Palmer requested that Peter Abbott, Police Chief, and Dan Wildtraut, Detective, Sarasota Police Department, and Employee of the Month for November 2003, and his family join her and the Commission at the Commission table. Chief Abbott, Detective Wildtraut, his wife Laurie, sons Connor and Drew Wildtraut came before the Commission. Chief Abbott stated that best wishes for happy holidays are extended to everyone; that coercing Detective Wildtraut to publicly receive the Employee of the Month Award for November 2003 was difficult due to his modesty; that the work conducted by Detective Wildtraut is of the highest level; that Detective Wildtraut was the lead detective and heavily involved in the resolution of a shooting homicide case which occurred on Gillespie Avenue during the summer of 2003; that Detective Wildtraut organized the entire case; that police officers of all ranks listen to Detective Wildtraut; that Detective Wildtraut commands respect and is a professional held in the highest regard; that the State Attorney's Office of the Twelfth Judicial Circuit for the State of Florida is extremely pleased with the work of Detective Wildtraut; that Detective Wildtraut presents cases well, has gone above and beyond the call of duty by extending extraordinary effort in the case of the State of Florida versus John Troy, was the lead investigator in the case, was extremely thorough duiing the investigation, and comes to work every day and performs his job with enthusiasm and professionalism; that the citizens of Sarasota are now aware of his efforts; that Detective Wildtraut's skills are unmatched, appreciated, and held in awe. Detective Wildtraut stated that being present in the Commission Chambers to receive the award is an honor; thanked Chief Abbott and the Commission for awarding him the Employee of the Month BOOK 55 Page 26604 12/15/03 2:30 P.M. BOOK 55 Page 26605 12/15/03 2:30 P.M. for November 2003; extended a special thanks to Captain Thomas Laracey, and Sergeant Robert Reau, Sarasota Police Department (SPD). Detective Wildtraut continued that major cases require teamwork; thât no one person can perform the job; that" receiving the Employee of the Month award would not be possible without the teamwork provided by fellow detectives. Mayor Palmer stated that everyone is proud of Detective Wildtraut and the entire SPD; that the SPD does a fabulous job for the City which is appreciated by everyone; and presented Detective Wildtraut with a City-logo watch, a plaque, and a certificate as the November 2003 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts and for serving with excellence and pride. 10. COMMISSION PROCLAMATION RE: PROCLAIMING JANUARY 29, 2004, AS "TAMIAMI TRAIL SCENIC HIGHWAY DAY" (AGENDA ITEM IX-2) CD 6:01 through 6:04 Mayor Palmer requested that Dennis Daughters, Director of Engineering/Clty Engineer, join her and the Commission at the Commission table for the presentation. Mr. Daughters, Natalie Rush, Transportation Planner, Engineering Department, and Millie Small, Member, Corridor Advocacy Group, came before the Commission. Mayor Palmer read in its entirety the Proclamation declaring January 29, 2004, as Tamiami Trail Scenic Highway Day and indicating that Tamiami Trail has been an integral part of Florida's history and continues to be an important link to the future. Mayor Palmer continued that the efforts of Staff, the Members of the Corridor Advocacy Group and everyone involved are appreciated; that Commissioners Bilyeu and Servian have also been involved through their efforts at the Sarasota/Manatee Metropolitan Planning Organization (MPO). Mr. Daughters stated that at the August 7, 2000, Regular Commission meeting, the Commission directed the Administration to include discussion of the Florida Scenic Highways Program during consideration of the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Downtown Master Plan, Preliminary Draft); that during a two year period, the Corridor Advocacy Group diligently worked to have Tamiami Trail from Manatee County's northern line to Sarasota County's southern line, a span of 70 miles, designated as a Florida Scenic Highway through the Florida Scenic Highways Program sponsored by the Florida Department of Transportation (FDOT); that the endeavor required a collaborated working effort between seven governmental entities including Sarasota and Manatee Counties; that an event will be held at 11:30 a.m. on January 29, 2004, at Bayfront Park to celebrate the designation of Tamiami Trail as a Florida Scenic Highway; that everyone is invited to attend. 11. COMMISSION PRESENTATION RE : MAYOR'S CITATION TO SARASOTA PROWLERS 13 AND UNDER AAU BASEBALL STATE CHAMPIONS (AGENDA ITEM IX-3) CD 6:10 through 6:11 Mayor Palmer stated that the Commission is proud to have the 2003 Amateur Athletic Union (AAU) 2003 State Baseball Champions present in the Chambers audience; and requested that Coach Ed Peteja join her and the Commission at the Commission table. Coach Peteja stated that coming before the Commission is an honor; that the Sarasota Prowlers team was only formed early in 2003; that the team traveled to Clearwater, Florida, to play in the AAU 2003 State Baseball Championships; that he informed the team the best team does not always win; that most important is the team which plays the best; that the team won five games in a span of 34 hours; that the team played well; that a family type weakend was spent in Clearwater; that the tem stayed in hotels which was a new experience for some team members; that the weekend was unbelievable and sometimes seems as if a dream; that the trophy received provides proof the win at the AAU Baseball State Championship is real. Mayor Palmer stated that the dream has come true for the Sarasota Prowlers; and requested the following Team Members and BOOK 55 Page 26606 12/15/03 2:30 P.M. BOOK 55 Page 26607 12/15/03 2:30 P.M. Coaches of the Sarasota Prowlers join her and the Commission at the Commission table: Johnny Garcia, Sam Paderewski, Mike Lynch, Kyle Williams, Nick O'Brien, Joel Radovich, Matt Jones, Josh Russell, Chad Hehe, Taylor Armstrong, Thac Keaton, Hunter Davis and Coaches Frank O'Brien, Ed Peteja, and Rodney Davidson. Mayor Palmer stated that the City is proud to be a City of Champions; read in its entirety the Mayor's Citation indicating the Commission is proud to honor the Sarasota Prowlers for their outstanding achievement in winning the 13 and under Amateur Athletic Union (AAU) 2003 State Baseball Championship; and presented each Team Member and Coach with the Mayor's Citation. Mayor Palmer requested that Coach Peteja deliver Mayor's Citation to the following Members and Coaches not present: Troy Swenson, Max Swenson, Nick Conforti, Tyler Terdoslavich, and Coach Justin Sleeper. Coach Peteja stated that having use of the wonderful field at Ed Smith Sports Complex is appreciated. Mayor Palmer stated that Sarasota has the best baseball team in the entire State of Florida; extended congratulations to the team; and stated that the team is encouraged to win again in 2004. Coach Peteja presented to the Mayor for the Commission a November 16, 2003, Press Release from the Cincinnati Reds congratulating the Sarasota Prowlers; a November 14, 2003, congratulatory letter to the Sarasota Prowlers from the Florida Marlins; and a photograph of the Sarasota Prowlers Team signed by the entire Team; and stated that the letter from the Florida Marlins indicates the Florida Marlins and Sarasota Prowlers are both 2003 champions. Mayor Palmer displayed the photograph of the Sarasota Prowlers Team on the Chamber monitors. Mayor Palmer 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. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4505, AMENDING THE ZONING CODE (2002 ED.) TO CREATE A NEW OVERLAY DISTRICT TO BE KNOWN AS THE "DOWNTOWN RESIDENTIAL OVERLAY DISTRICT" WHICH WILL ALLOW POTENTIAL DWELLING UNIT DENSITY INCREASES OF UP TO 200 UNITS PER ACRE FOR RESIDENTIAL MULTI-FAMILY DEVELOPMENTS WITHIN THE OVERLAY DISTRICT WHILE RETAINING A MAXIMUM DWELLING UNIT DENSITY OF 50 UNITS PER ACRE FOR THE ENTIRE OVERLAY DISTRICT; ; TO PROVIDE THAT A SITE PLAN MUST BE APPROVED BY THE CITY COMMISSION AND REVIEWED BY THE PLANNING BOARD PRIOR TO DEVELOPMENT OF A PROJECT WITH INCREASED DENSITY AS ALLOWED WITHIN THE OVERLAY DISTRICT; TO PROVIDE STANDARDS FOR REVIEW OF APPLICATIONS FOR INCREASED DENSITY WITHIN THE OVERLAY DISTRICT; AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY TO DEPICT THE BOUNDARIES OF THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) PASSED ON FIRST READING AS REVISED TO INCLUDE LANGUAGE REGARDIN NOTIFICATION OF THE RESIDENTIALLY ALLOWED PROPERTIES IN THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT AND SPECIFIC CRITERIA CONCERNING NON-LUXURY HOUSING, TRANSPORTATION, AND EXACTIONS AND BOOK 55 Page 26608 12/15/03 2:30 P.M. BOOK 55 Page 26609 12/15/03 2:30 P.M. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 04-4513, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION; DIVISION 2, DEFINITIONS: SEC. II-201, DEFINITIONS, TO CLARIFY DEFINITIONS; ARTICLE VI, ZONE DISTRICTS; DIVISION 5, COMMERCIAL ZONES; TABLE VI-503, DEVELOPMENT STANDARDS IN THE COMMERCIAL ZONES, TO CLARIFY DEVELOPMENT STANDARDS; ARTICLE VI, ZONE DISTRICTS; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS ; SEC. VI-704, SPECIAL CRT AND C-CBD DEVELOPMENT STANDARDS, TO CLARIFY DEVELOPMENT STANDARDS : REPEALING ORDINANCES IN CONFLICT, : PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF : ETC. (TITLE ONLY) PASSED ON FIRST READING AND NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4514, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE III, DECISION MAKING AND ADMINISTRATIVE BODIES; DIVISION 5, PUBLIC ART COMMITTEE ; SEC. III-502, MEMBERSHIP; TERMS ; TRANSITION, ; VACANCIES ; REMOVAL; ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES; DIVISION 5, SITE PLAN; SEC. IV-503, STAFF REVIEW AND REPORT, AND DIVISION 9, CONDITIONAL USES; SEC. IV-903, STAFF REVIEW AND REPORT; ARTICLE VI, ZONE DISTRICTS; DIVISION 2, SINGLE FAMILY ZONE DISTRICTS; SEC. VI-203, RESIDENTIAL USE DEVELOPMENT STANDARDS; DIVISION 3, MULTIPLE FAMILY ZONE DISTRICTS; TABLE VI-303, RESIDENTIAL DEVELOPMENT STANDARDS IN THE MULTIPLE FAMILY ZONES i DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS; SEC. VI-703, DEVELOPMENT STANDARDS; J, PEDESTRIAN STANDARDS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, ; DIVISION 6, ADDITIONAL USE AND DEVELOPMENT STANDARDS; SEC. VII-602, SPECIFIED STANDARDS FOR CERTAIN USES, V, SIDEWALK CAFES; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 9, ACCESSORY STRUCTURE AND USES ; SEC. VII-904, NON- RESIDENTIAL ACCESSORY USES BUILDINGS AND STRUCTURES; ; Q, SPECIFIC ACCESSORI USES ALLOWED IN THE SMH ZONE DISTRICT; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) - PASSED ON FIRST READING AND NON QUASI-JUDICTAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4515, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING: ARTICLE VI, ZONE DISTRICTS; DIVISION 1, GENERAL; SEC. VI-101, PURPOSE, TO UPDATE THE TABLE OF FUTURE LAND USE CLASSIFICATIONS AND IMPLEMENTING ZONE DISTRICTS; ARTICLE VI, ZONE DISTRICTS; DIVISION 3, MULTIPLE FAMILY ZONE DISTRICTS; TABLE VI-301, PRIMARY USES ALLOWED IN THE MULTIPLE FAMILY ZONES; ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES; DIVISION 2, GENERAL PROCEDURES ; SEC. IV-202, NOTICES AND PUBLIC HEARINGS ; AND DIVISION 8, HISTORIC DESIGNATION; SEC. IV-808, CHANGES TO STRUCTURES WITH HISTORIC DESIGNATION/CERTIFICATE OF APPROPRIATENESS AND SEC. IV-811, REMOVAL OF DESIGNATION; ; ARTICLE III, DECISION MAKING AND ADMINISTRATIVE BODIES; DIVISION 4, HISTORIC PRESERVATION BOARD ; SEC. III-401, POWERS AND DUTIES; AND DIVISION 7, PLANNING AND DEVELOPMENT DEPARTMENT ; SEC. III-703, JURISDICTION, AUTHORITY AND DUTIES; ; AND DIVISION 14, COMPREHENSIVE PLAN AMENDMENTS; ; SEC. IV-1404, PLANNING BOARD REVIEW; ARTICLE VI, / ZONE DISTRICTS; DIVISION 6, PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS; TABLE VI-601A, PRIMARY USES ALLOWED PRODUCTION INTENSIVE COMMERCIAL; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; OFF-STREET PARKING AND LOADING; SEC. VII- 212, ON-SITE LOCATION OF PARKING ; AND DIVISION 6, ADDITIONAL USE AND DEVELOPMENT STANDARDS ; SEC. VII-602, SPECIFIC STANDARDS FOR CERTAIN USES, X, OPEN AIR MARKET/BAZAAR, APPENDIX B, OWNERSHIP IDENTIFICATION PROCEDURES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) (APPLICATION NO. 03-ZTA-04, APPLICANT CITY OF SARASOTA) PASSED ON FIRST READING WITH A CHANGE TO SECTION VII-602 (X) (I) OPEN AIR MARKET/BAZAAR, (ZONING CODE (2002 ED.) TO INDICATE NO SALES SHALL BE ALLOWED WITHIN THE PUBLIC RIGHT-OF-WAY (AGENDA ITEM XI-A-1) CD 6:14 through 7:24 BOOK 55 Page 26610 12/15/03 2:30 P.M. BOOK 55 Page 26611 12/15/03 2:30 P.M. Mayor Palmer stated that the four non Quasi-Judicial Public Hearings pertaining to proposed Ordinances which amend the Zoning Code (2002 Ed.) will be heard simultaneously; that the Commission will vote on proposed Ordinance Nos. 03-4505, 04- 4513, 04-4514, and 04-4515 separately. Mayor Palmer opened the public hearing for proposed Ordinance Nos. 04-4505, 04-4513, 04-4514, and 04-4515; stated that Zoning Text Amendment Application No. 03-ZTA-04 as incorporated in proposed Ordinance Nos. 04-4505, 04-4513, 04-4514, and 04-4515 is to amend the Zoning Code (2002 Ed.); and requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission and stated that Zoning Text Amendments are scheduled twice each year; that proposed Ordinance Nos. 03-4505, 04-4513, 04-4514, and 04-4515 pertain to Zoning Text Amendments for the second cycle of 2003; that the Planning Board/Local Planning Agency (PBLP) conducted a public hearing on October 15, 2003, to receive public testimony regarding Zoning Text Amendment Application No. 03-ZTA-04 which contained 22 items; that the PBLP recommended approval of 20 items. Mr. Parsons distributed and referred to the Zoning Code (2002 Ed.) Zoning Text Amendments Ayprora/tir-process/et Scheduled Table; and stated that ideas are tracked in the table; that ideas were received from Staff, City advisory boards, and the general public or were the result of experience in implementing the Zoning Code (2002 Ed.); that the Zoning Text Amendments which the Commission will consider for the first cycle of 2004 are indicated in the table; that all ideas received for Zoning Text Amendments are cataloged in the table; that ideas are assembled together in a manageable group two times per year; that the Planning and Redevelopment Department drafts proposed language and submits the Zoning Text Amendments to the Development Review Committee (DRC) for review and comment; that after DRC review is complete, the PBLP conducts a public hearing and provides the Commission with a recommendation; that the final step in the process is for the Commission to conduct a public hearing and take action to adopt, reject, or adopt with modification; that each Zoning Text Amendment cycle is approximately six months long; that Zoning Text Amendments for the second cycle of 2003 are encapsulated in the four proposed Ordinances before the Commission at this time and range from scriveners' corrections to clarifications, amendments to achieve consistency with changes in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and new initiatives. Mr. Parsons referred to Items 1 through 20 of the Zoning Code (2002 Ed.) Zoning Text Amendments second cycle of 2003, included in the Agenda backup material throughout the presentation; and continued that Items 1 through 3 are simple scriveners' corrections; that Items 4 through 10 are clarifying amendments in which some text is generally added to provide more clarification; that Items 11 through 13 are to achieve consistency with the City's Comprehensive Plan; that items 14 through 20 are new initiatives. Mr. Parsons further stated that Item 4 simply adds a student youth representative of the STAR (Students Taking an Active Role) in government program to serve on the Public Art Committee; that Item 5 is to achieve consistency between the Engineering Design Criteria Manual and the Zoning Code (2002 Ed.) with regard to who can apply for technical deviations from the Engineering Design Criteria Manual; that the Zoning Code (2002 Ed.) indicates the technical deviations must be based upon review of a detailed study prepared by the Applicant; that the Engineering Design Criteria Manual indicates the detailed study must be prepared by a professional engineer; that Item 4 clarifies any apparent confusion and clearly indicates the intent for preparation of the detailed study by a professional engineer; that Item 6 amends the design standards for garage placement; that presently, the design standards for garage placement only apply to the Residential Single Multiple 9 units per acre (RSM-9) Zone District, which is the Laurel Park neighborhood; that Item 6 amends design standards for garage placement to include the similar use of carports; that the intent of the design standards for garage placement is to de- emphasize vehicular storage from the front facade of the primary building; that carports function similarly to garages; therefore, the placement of carports should be subject to the same setback standards. BOOK 55 Page 26612 12/15/03 2:30 P.M. BOOK 55 Page 26613 12/15/03 2:30 P.M. Mr. Parsons stated further that Item 7 is a reader aid referring the reader to additional setback requirements applicable to Residential Multiple Family 4 (RMF-4), Residential Multiple Family 5 (RMF-5), Residential Multiple Family 6 (RMF-6), and Residential Multiple Family 7 (RMF-7) Zone Districts; that Item 8 is. to clarify the application of pedestrian standards in the Waterfront Resort (WFR) Zone District to non-residential developments to eliminate any potential confusion regarding the qualifying types of development for which pedestrian standards apply by clearly indicating the pedestrian standards apply to non-residential development; that Item 9 clarifies the current standards for outdoor dining umbrella dimensions for shapes other than circular to eliminate the need for cafes to obtain variances for rectangular and square shaped umbrellas and define reasonable standards. Mr. Parsons referred to an aerial map indicating the location of the Sarasota Memorial Hospital (SMH) Zone District displayed on the Chamber monitors; and stated that Item 10 clarifies the area in which accessory medical and non-medical uses may be located to eliminate confusion as to the allowed location of accessory medical and non-medical uses in the SMH Zone District; that a table was developed which clearly delineates the location in which particular accessory uses can take place; that the table indicates certain uses can take place anywhere in the SMH Zone District with certain restrictions and includes uses which can take place only in the principle SMH building; that on October 15, 2003, the PBLP recommended the uses of delicatessen, drug store or pharmacy, restaurant and health club be moved from the Permitted Uses to the Minor Conditional Uses anywhere in the SMH Zone District with restrictions category; that the City has more flexibility for review if such uses are included as Minor Conditional Uses. Mayor Palmer stated that the SMH Zone District only applies to hospital owned property; that an entity other than SMH will likely not submit a proposal for a particular use which is inconsistent with the SMH Zone District. Mr. Parsons stated that properties exist in the geographic area which are owned by private interests other than SMH. Commissioner Bilyeu asked the reason for the odd shape of the boundary of the SMH Zone District? Michael Taylor, Deputy Director of Planning and Redevelopment, came before the Commission and stated that the Future Land Use Chapter of the City's Comprehensive Plan identifies the boundary in a square; that the odd shaped boundary is a result of an SMH initiated rezoning for the SMH Zone District and includes only SMH property; that the properties outside of the boundaries of the SMH Zone District are currently not owned by SMH and were not part of the SMH initiated rezoning; that properties outside of the SMH Zone District boundary are eligible for the SMH Zone District but have not yet been rezoned; that some properties within the SMH Zone District are owned by corporations; that one office building which is a sublease of SMH might be able to propose a standalone use which is the reason for moving the accessory uses to the Minor Conditional Use category. Mr. Parsons stated that Items 11, 12, and 13 are to achieve consistency between the Zoning Code (2002 Ed.) and the City's Comprehensive Plan; that Item 11 is to achieve consistency between the Zoning Code (2002 Ed.) and the City's Comprehensive Plan following adoption of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) related Comprehensive Plan Amendment and the implementing Zone Districts for two new Future Land Use Classifications; that the table depicting the implementing Zone Districts will be modified by deleting the Community Commercial Future Land Use Classification and adding the interim implementing Zone Districts for the Downtown Urban General and Downtown Urban Mixed Use Future Land Use Classifications associated with the recently resolved Comprehensive Plan Amendment to implement the Downtown Master Plan 2020; that Item 12 recognizes both elementary and secondary schools are allowed as conditional uses in all Multiple Family Zone Districts; that Item 13 creates a new overlay district which is called the Downtown Residential Overlay District and would allow for increases in residential density up to 200 dwelling units per acre while maintaining an average of 50 dwelling units per acre over the Downtown Residential Overlay District area; that a new Section VI-906, Downtown Residential Overlay District, is created in the Zoning Code (2002 Ed.); that the official Zoning Map will also be amended to depict the official boundaries of the Downtown Residential Overlay BOOK 55 Page 26614 12/15/03 2:30 P.M. BOOK 55 Page 26615 12/15/03 2:30 P.M. District; that the Downtown Residential Overlay District is the third overlay district in the City; that the Fruitville Gateway Corridor Overlay District was the first and the Conservation Overlay District was the second. Mr. Parsons continued that the intent and purpose of the Downtown Residential Overlay District is to foster Downtown revitalization by enhancing the livability and character of the Downtown through the encouragement of a mix of living, working, shopping, and recreational activities; that existing or proposed development may utilize the additional density upon obtaining final approval by the Commission of a site plan with increased density beyond the allowable in the underlying Zone District in accordance with all Downtown Residential Overlay District standards; that site plans depicting such increases in density shall be considered for approval on a case by case basis; that the location of a property within the boundaries of the Downtown Residential Overlay District shall not automatically entitle a proposed project to utilize the maximum density available in the Downtown Residential Overlay District; that the development standards are all the same in the underlying Zone Districts with the exception of density. Mr. Parsons stated further that a maximum of 200 dwelling units per acre is allowed; that a site plan application requesting an increase in density must provide the square footage of each proposed unit by type such as the number of bedrooms, efficiencies, etc.; that the anticipated sale price or rental rate of each unit by type is required; that the market rental rates or sales prices of dwelling units of comparable size and type within the market area of the subject property will be requested to provide a comparison; that the information is not necessarily considered criteria to deny a development application but provides more information in exchange for an increase in density; that the standards for review are flexible and are not objective in terms of providing some form of objective number such as for a setback; that the criteria can be weighed on a case by case basis; that the standards for review criteria are in addition to the site plan review criteria for any individual case; that two public hearings would be required, one of which would be before the PBLP and one before the Commission; that the Commission presently does not approve site plans without other associated development applications; that the Commission does approve site plans if attached to a rezoning or a conditional use; that the Commission will now be approving site plans; however, site plans in the Downtown will only require administrative approval once the City of Sarasota Downtown Code (Downtown Code) is adopted. Mr. Parsons further stated that including covenants as part of the approval process is not necessary since covenants associated with any particular development are at the discretion of the Commission. Mr. Parsons referred to his October 7, 2003, memorandum to the PBLP regarding the Downtown Residential Overlay District Approval Criteria included in the Agenda backup material; and stated further that the memorandum outlines two methods for implementing the Downtown Residential Overlay District; that Method 1 is to require no additional criteria for approval allowing existing or proposed development to utilize the additional density provided by the Downtown Residential Overlay District upon obtaining site plan approval; that no additional criteria for approval are necessary as the site plan review criteria includes criteria related to externalities such as building size, mass, bulk, orientation, and other factors of compatibility which would mitigate or improve the effect of the development on adjoining properties; that Method 2 is to approve proposed developments on a case by case basis, which was the method chosen; that existing or proposed developments may utilize the additional density provided by the Downtown Residential Overlay District by satisfying additional criteria which are non-objective in nature; that the City has the ability to deny proposals for additional density; that Method 3 makes use of specific criteria; that existing or proposed development may utilize the additional density provided by the Downtown Residential Overlay District by satisfying additional objective criteria; that Staff does not have direction to develop specific objective criteria and thus is at a loss to meet Method 3; that mention has been made the additional density provided in the Downtown Residential Overlay District could or should be tied to objectives of affordable housing or transportation impacts; that clear direction as to specific criteria for affordable housing or transportation is missing. BOOK 55 Page 26616 12/15/03 2:30 P.M. BOOK 55 Page 26617 12/15/03 2:30 P.M. Mr. Parsons stated that another option is to include some specific criteria not included in the memorandum at a later date; that proposed Ordinance No. 03-4505 could be adopted with a sunset provision for expiration; that upon expiration of the Ordinance, Staff could come back with an amendment to the Ordinance to include specific criteria. Mayor Palmer stated that a sunset provision is supported; that affordable housing and transportation impact issues concerning a forthcoming project in the Downtown in which a contribution would be supported; however, established criteria are not available; that the Community Redevelopment Agency (CRA) Advisory Board is addressing the establishment of criteria; that the PBLP should be involved as well; that a sunset provision of two years is supported; that everyone will understand any proposed development will not automatically be entitled to utilize the maximum density available in the Downtown Residential Overlay District; that proposed Ordinance No. 03-4405 includes language indicating criteria for approval shall be incorporated into the City's land development regulations; that language is also included which indicates the Commission desires to encourage the construction of additional dwelling units within the Downtown Residential Overlay District and to especially encourage the construction of dwelling units which are designed and intended for occupancy by the non-luxury market; that the meaning of a non-luxury market is not identified; however, the concept is for some sort of affordable housing; that the term "non-luxury" should be defined; that provisions included in proposed Ordinance No. 03-4405 provide a basis for Staff to move forward and come back with more objective criteria than currently available. Commissioner Servian stated that the term "non-luxury" is nebulous, is difficult to understand, and depends upon a person's category of income; that defining the non-luxury market should be addressed at a later date. Mayor Palmer stated that up to a 400 percent increase in land use density is possible in the Downtown Residential Overlay District; that the land use intensity should be offset with transportation improvements and additional affordable housing and should be based upon specific criteria; that the so-called "but for" concept is a consideration. Commissioner Atkins stated that the Downtown Residential Overlay District is critical to expected development in the Downtown; that developers should help pay the way for others who are not luxury facility owners to work and live in the Downtown. Mr. Parsons stated that the Downtown Residential Overlay District would be the only area in the City with an increase in density beyond the current allowance in any particular Zone District; that an opportunity exists to develop affordable housing and transportation improvements in exchange for an increase in density. Mayor Palmer stated that the Commission has indicated affordable housing and transportation are important issues which are considered priorities; that Staff has a significant amount of other work at this time; however, the hope is for including specific criteria concerning affordable housing and transportation in less than two years. Mr. Parsons stated that Item 15 eliminates the requirement in the Zoning Code (2002 Ed.) for two resolutions, one for the PBLP and one for the Commission, for each Conditional Use Application; that the proposed amendment would delete the requirement for a Commission resolution, unless the Commission sets the conditional use matter for public hearing, eliminating an unnecessary procedure and reducing City Attorney's Office time and expense to prepare; that Item 15 is the result of a planning and permitting review process recommendation endorsed by the Commission on April 7, 2003; that Item 16 is a new recommendation from the Historic Preservation Board regarding the Historic Designation development review procedures; that the recommendation provides for the adoption of rules by the Historic Preservation Board to refer approval of minor Certificates of Appropriateness to the Director of the Planning and Redevelopment Department and also to provide a clearer process for an application to remove an historic designation. Mr. Parsons continued that Item 17 is new and eliminates the requirement for two resolutions, one by the PBLP and one by the Commission, for each Comprehensive Plan Amendment; that the proposed amendment would delete the requirement for a PBLP resolution to eliminate an unnecessary procedure and reducing BOOK 55 Page 26618 12/15/03 2:30 P.M. BOOK 55 Page 26619 12/15/03 2:30 P.M. City Attorney's Office time and expense to prepare; that Item 17 is a result of a planning and permit review process recommendation which was endorsed by the Commission on April 7, 2003; that Item 18 adds the use of artist, sculptor, potter, weaver, etc., as permitted uses within the Commercial Intensive (CI), Indussr rial Light and Warehousing (ILW), and Industrial (I) Zone Districts, allowing smaller scale artist studios within existing intensive commercial and industrial Zone Districts; that Item 19 is a change to the location of parking; that parking within the waterfront setback of residential Zone Districts is being prohibited; that the Zoning Code (2002 Ed.) presently allows for parking within any side and rear yard in residential Zone Districts; that the rear yard on Golden Gate Point is also the waterfront yard; that parking is presently taking place in the waterfront setback; that the waterfront setback is approximately 30 feet. Commissioner Servian asked if Item 19 applies to all watertront property rather than specifically Golden Gate Point? Mr. Parsons stated that Staff believes the idea not to allow parking in any watertront setback is generally good for any waterfront property; that Item 20 is a new provisional use within the Zoning Code (2002 Ed.) for an Open Air Market/Bazaar to allow for outdoor sales as requested by the Sarasota African American Chamber of Commercei that the pre-1998 Zoning Code allowed for open air markets in the Commercial Business Newtown (CBN) Zone District; that the 1998 and 2002 Zoning Codes do not specifically allow for open air sales in any Zone District if not associated with a primary structure. Mr. Parsons referred to an aerial map of the area north of Dr. Martin Luther King, Jr. Way (Dr. MLK Way) and east of North Washington Boulevard, which is commercially zoned, displayed on the Chamber monitors; and stated that a provisional use as an open air market or a bazaar would be allowed in the area; that a provisional use is somewhere between a permitted use and a temporary use and can be revoked; that retail sales in the form of booths would be allowed in an area without a primary structure; that outdoor sales are included in the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan); that allowing outdoors sales is limited to a defined geographic area as a pilot project for possible expansion in the future; that standards such as limiting the hours of operation to daylight hours only, daily removal of vendor goods from the premises after operation hours, providing of adequate sanitary facilities for the intended activity, parking, and allowed signage are included; that the permit for the activities can be revoked for failure to comply with standards; that commercial activities taking place in the area are still subject to all applicable City, Sarasota County, or State permits and approvals and other Zoning Code (2002 Ed.) requirements. Mayor Palmer stated that language referencing solid waste is not mentioned; that the language indicating retail sales should not be allowed within the public right-of-way is a concern; that no sales shall be allowed within the public right-of-way. Mr. Parsons stated that the issue concerning sales in the public right-of-way was previously mentioned to Staff; that the change indicating no sales shall be allowed within the public right-of- way should have been made. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission; and stated that sales in the public right-of-way should not be allowed; that the City's existing regulations in the Zoning Code (2002 Ed.) address any issues concerning trash or bottles remaining in the area; that the use will be treated in the same manner as other commercial activities in the City; that the existing regulations work well; that singling out the Open Air Market/Bazaar use did not seem necessary; that the Open Air Market/Bazaar is a provisional type use; that the permit for the activities can be revoked if problems occur on a regular basis. Mayor Palmer stated that language is included indicating the Director of Building, Zoning and Code Enforcement has the ability to revoke any provisional use permit for the activities if a compai tibility issue exists; and asked for further clarification since Staff will be placed in a difficult decision-making position. Mr. Litchet stated that the Open Air Market/Bazaar provision use has been reviewed with the individuals from the African American Chamber of Commerce involved in the proposal; that a good understanding has been reached; that revoking provisional use BOOK 55 Page 26620 12/15/03 2:30 P.M. BOOK 55 Page 26621 12/15/03 2:30 P.M. permits based on compatibility is not a problem; that the belief is an appeal route is available if a permit is revoked; that the revocation provision is similar to the revocation provision for conditional uses; that no conditional use permits have been revoked since the provision to revoke conditional use permits has been in effect; that the belief is the Open Air Market/Bazaar provisional use will work; that another vending situation taking place on Dr. MLK Way was not ultimately successful which was due to lack of management; that the idea of an Open Air Market/Bazaar is an excellent idea for the neighborhood, is a good incubator for many businesses, and will drive the economic engine in the area; that the hope is the provisional use for an Open Air Market/Bazaar will work. Mayor Palmer stated that the concern is not just for the Open Air Market/Bazaar provisional use * but is also for adequate language addressing sanitary uses as well as solid waste; that no sales should be allowed in the public right-of-way. Mr. Parsons stated that the intent of allowing retail sales in the public right-of-way was for a vendor to come onto the street and give someone a hot dog; that making the change in the language to allow no sales in the public right-of-way is a good idea. Mayor Palmer referred to Section VII-602 (X) (i), Open Air Market/Bazaar, Zoning Code (2002 Ed.) included in the Agenda backup material; and stated that paragraph (i) should read as follows: No sales shall be allowed within the public right-of-way. Commissioner Servian stated that the provisional use for an Open Air Market/Bazaar is intended as an incubator for someone to start up a business, be successful, and perhaps move into an office facility; and asked the reason for limiting the hours of operation to daylight hours only? Mr. Litchet stated that the thought was to begin in a conservative manner; that the area is close to residential uses; that hours can be extended if the Commission desires; that additional lighting will be necessary if the activities extend into the evening which raises more compatibility issues. Mr. Parsons stated that Item 22 concerns ownership disclosure for City-initiated rezonings; that the burden to disclose all the ownership of particular parcels is presently high for an Applicant; that the City, if an Applicant, is not treated any differently; that Item 22 revises ownership disclosure requirements for City-initiated re-zonings to require only the information found as a matter of public record. John Tylee, 1818 Main Street (34236), Executive Director of the Downtown Partnership of Sarasota (Downtown Partnership), stated that he has previously come before the Commission expressing support for Item 13 regarding the Downtown Residential Overlay District; that the desire is for increasing residential density in the Downtown; that the Downtown Partnership believes increasing residential density will increase vitality in the Downtown; that the Downtown Partnership strongly supports the addition of non-luxury homes and a variety of income and housing levels in and around the Downtown; that a request was made to change the geography of the Downtown Residential Overlay District, which was done and is appreciated by the Downtown Partnership; and distributed a position paper from the Downtown Partnership indicating support to increase Downtown Residential Densities. Mr. Tylee continued that the "but for" approach to development is a concern since the current approach is good for the Downtown; that the amount of additional development will be limited in two ways; that a limited number of properties are available for redevelopment at this time within the Downtown Residential Overlay District; that the average of 50 units per acre as an overall limit provides control over the total amount of high density allowed; that a limited number of cases of increased density will be allowed; that the Downtown Partnership recognizes the Commission's concern to ensure the Downtown Residential Overlay District operates well; that the possibility to use particular projects for specific affordable housing opportunities is understood; however, the Commission is requested to keep standards for criteria as simple and straight forward as possible. Charles D. Bailey, Jr., law firm of Williams, Parker, Harrison, Dietz & Getzen, representing Sarasota Memorial Hospital (SMH) BOOK 55 Page 26622 12/15/03 2:30 P.M. BOOK 55 Page 26623 12/15/03 2:30 P.M. and Michael Furen, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, representing Kennedy White Orthopedic Associates, came before the Commission. Attorney Bailey stated that Dan McDaniel, Director of Architecture and Facility Planning for SMH, is present in the Chamber audience to answer any questions; that the issue concerning boundaries regarding Item 10, SMH, Accessory Use Standards, will be addressed; that the boundaries relate to the properties which SMH owns in fee simple title; that the only exception recalled is the Doctors Gardens Building which is not entirely owned by SMH; that 70 percent is owned by SMH and 30 percent is owned by physicians; that SMH may on occasion lease to private organizations to use the facilities for medical purposes; that SMH purchased the Kennedy White Building which is on the south side of Hawthorne Street and leased the building back on a long term basis to Kennedy White Orthopedic Associates; that Kennedy White Orthopedic Associates is now proposing to demolish the building, lease the land through a ground lease, and construct their own building; that the lease is restricted regarding the type of uses allowed; that expanding the permissible uses under the Zoning Code (2002 Ed.) is encouraged; however, the uses should be compatible with the neighborhood; that three Classifications for location of permitted, minor, and major conditional uses which are allowed anywhere in the SMH Zone District, anywhere in the SMH Zone District with restrictions, and only in principal hospital buildings have been developed; that allowable uses are grouped and clarified as permitted, minor conditional, and major conditional uses; that SMH largely supports the clarifications; that the Neighborhood Advisory Committee convened and provided a letter of support at the PBLP meeting; that the only modification made by the PBLP as indicated during Staff's presentation is more restrictive and will likely be supported by the Neighborhood Advisory Committee; that Item 10 is supported. Attorney Furen stated that Item 10 is supported; that allowed uses other than pure medical uses were discussed with Staff; that SMH and the lessee agreed additional uses may be desired on the site in the future; that Staff will likely confirm the language caused some concern regarding clarity; that clarifying the language became the initiative which ultimately resulted in Item 10. Stephen Rees, Attorney, law firm of Icard, Merrill; Cullis, Timm, Furen, and Ginsburg, 2033 Main Street, Suite 600, (34237), stated that he is not representing a client but is rather speaking on his behalf as a land use practitioner concerning Item 13 regarding the Downtown Residential Overlay District; that the hope is the comments provided will be of practical value; that concerns regarding Item 13 have not been raised with Staff or the City Attorney's Office due to time constraints; that all properties within the Downtown Residential Overlay District should be receiving all the notices of filing, neighborhood workshops, public hearings before the PBLP, Commission, etc.; that every property within the Downtown Residential Overlay District should have an equal opportunity for consideration; that an individual proposal may have prompted the consideration for creation of the Downtown Residential Overlay District; however, the individual proposal should not be considered as necessarily qualifying; that a predisposition by the City is not being suggested; however, all property owners in the Downtown Residential Overlay District should be made aware if an application has been filed sO a determination can be made as to possible impacts to property rights and opportunities to meaningfully participate. Attorney Rees continued that the degree of proof required to place before the PBLP and ultimately the Commission to establish entitlement if representing a property owner seeking approval of an application is a concern; that the standards by which the approval of the application must be judged are a concern; that vagueness could cause denial of an application; that the desire may be to approve an application; however, a lack of objective criteria could be problematic; that determination of an application is based upon weight, relevancy, and the materiality of comments; that the standards must be known to adequately represent clients; that the present language included in Item 13 lacks objective criteria; that the intent is not for slowing the process; however, some objective, provable minimum criteria should be included; that the issue concerning the term "non-luxury" is highly subjective; that criteria exist which can be utilized as a reference regarding affordable housing; that Item 13 is supported; that the creation of a Downtown Residential Overlay District provides many benefits but requires further work internally prior BOOK 55 Page 26624 12/15/03 2:30 P.M. BOOK 55 Page 26625 12/15/03 2:30 P.M. to consideration for adoption, especially with regard to lack of specificity concerning exactions. William Morris, 995 East Mizner Boulevard, Boca Raton (33432), representing Sarasota Main Street Group stated that Item 13 regarding the Downtown Residential Overlay District is supported; that the Sarasota Main Street Group is proposing development in the Downtown Residential Overlay District and is willing to work with Staff regarding affordable housing and transportation impact which are considered important; that the proposed project includes units between 800 and 1,250 square feet which is small relative to most of the projects developed in the past; that the goal of the Sarasota Main Street Group is to market the units to people already working in or near the Downtown; that the units are much more affordable to a broader range of people than units presently- existing in the Downtown market. There was no one else signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4505 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4505 on first reading. Commissioner Servian stated that everyone in the Downtown Residential Overlay District should be provided notice upon submission of an application; and asked if a notice requirement for the entire Downtown Residential Overlay District could be included in the motion? Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated yes; that a suggestion is to restrict noticing to properties in which the underlying zoning would allow residential uses, rather than all the properties within the Downtown Residential Overlay District; that a second public hearing is required to adopt proposed Ordinance No. 03-4504, which is scheduled for the January 20, 2003, Regular Commission meeting; that the change could be made prior to the meeting. Commissioner Servian asked if the vagueness regarding the term "non-luxury" and transportation could be addressed as well? Attorney Fournier stated yes; that affordable housing in the Downtown is a new issue; that Staff indicated either an entitlement to the increased density was possible or more detailed criteria could be developed; that Staff has not had time to develop more criteria which is part of the reason for the vaguenessi that the City Attorney's Office can work with Staff in consideration of the comments made to determine if more detailed criteria can be developed by the January 20, 2004, Regular Commission meeting; that Staff will require input from the Commission regarding lack of specificity regarding exactions or Staff can attempt to specify the exactions if the Commission desires. Mayor Palmer stated that conversations have been held with Staff regarding affordable housing and exactions; that becoming too restrictive creates a legal quagmire; and asked the amount of additional language which can be added without having to readvertise? Attorney Fournier stated that more specifications can be added considering the requirement of a second public hearing, which must be noticed. Mayor Palmer stated that the process must move forward; however, standards are important; that the issues of affordable housing and transportation have been previously discussed; that representatives of the Sarasota Main Street Group indicated a contribution would be made as part of the development approval process for the proposed project; that the problem is no basis exists to determine the contribution to transportation or affordable housing; that another issue is Tax Increment Financing (TIF) funding; that the concept is for mixed and diverse housing. Attorney Fournier stated that proposed Ordinance No. 03-4505 indicates the concept but does not include specifics. Mayor Palmer stated that more specificity is required as long as the process does not have to start over from the beginning. BOOK 55 Page 26626 12/15/03 2:30 P.M. BOOK 55 Page 26627 12/15/03 2:30 P.M. Attorney Fournier stated that the title of the proposed Ordinance in the advertisement indicated standards of review would be covered in the general sense without being specific; that including more specificity without having to start the process over should not be a problem. Mayor Palmer stated that a sunset provision will not be necessary if specific criteria can be included; that the intent is to not allow a developer an automatic entitlement without having to meet certain criteria; that the hope is to develop criteria prior to the January 20, 2004, Regular meeting rather than waiting two years; however, the additional workload placed on Staff is a concern. Mayor Palmer restated and called for a vote on the motion to pass proposed Ordinance No. 03-4505 on first reading with the changes to include language regarding notification of the residentially allowed properties in the Downtown Residential Overlay District and development of specific criteria concerning non-luxury housing, transportation, and exactions to be brought back prior to second reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Palmer, yes; Servian, yes; Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4513 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 04-4513 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4514 by title only. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 04-4514 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Servian, yes; Atkins, yes; Bilyeu, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4515 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 04-4515 on first reading with the stipulation regarding no sales in the public right-of-way. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. The Commission recessed at 7:24 and reconvened at 7:37 p.m. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4507, TO VACATE THAT CERTAIN 30 TO 40 FOOT WIDE PLATTED OLD BRADENTON ROAD RIGHT-OF-WAY COMMENCING AT ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY PARKWAY (FORMERLY DESOTO ROAD) FOR APPROXIMATELY 1,215 FEET TO THE NORTH THEREOF ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (APPLICATION NO. 03-SV-08, APPLICANT CHARLES D. BAILEY, JR. OF WILLIAMS PARKER, ET AL. AS AGENT REPRESENTING THE SARASOTA-MANATEE AIRPORT AUTHORITY, OWNERS) PASSED ON FIRST READING (AGENDA ITEM XI-A-2) CD 7:37 through 7:43 Mayor Palmer stated that Street Vacation Application No. 03-SV-08 as incorporated in proposed Ordinance No. 03-4507 is to vacate a 30 to 40 foot portion of the Old Bradenton Road right-of-way; that the Applicant is Charles Bailey, Jr., of Williams, Parker, et al., as agent representing the Sarasota-Manatee Airport Authority, owners; opened the public hearing; and requested that the Applicant come forward. Charles Bailey, Jr., of Williams, Parker, et al., as agent representing the Sarasota-Manatee Airport Authority, owners, BOOK 55 Page 26628 12/15/03 2:30 P.M. BOOK 55 Page 26629 12/15/03 2:30 P.M. came before the Commission; referred to a site map and aerial photographs of the proposed Street Vacation displayed on the Chamber monitors throughout the presentation; and stated that the proposed Street Vacation is for the segment of roadway north of University Parkway, comprised of 1,215 feet in a north/south direction; that the roadway was previously part of the State Secondary Road System but was officially deleted on January 17, 1973; that prior to 1993, the roadway extended farther to the north and east beyond the City limits and connected to Old US 301; that Sarasota County asserted jurisdiction over the unincorporated portion of the roadway and claimed portions of the roadway within the City limits by virtue of having maintained the roadway for more than four yearsi that in 1993, Sarasota County abandoned, vacated, and exchanged the interest held of the entire length of Bradenton Road north of University Parkway; that the northern segment was closed SO, a new airport perimeter roadway could be constructed within the area. Attorney Bailey continued that the location of the utilities in the right-of-way had previously been determined; that easements were given back to the utilities and remain intact; that Street Vacation Application No. 03-SV-08 contains adequate evidence Florida Power and Light (FPL), Verizon, Tampa Electric Company, and Comcast Corporation find the easements acceptable; that the roadway does not serve any through traffic and essentially provides access to the air cargo building and the fuel storage facility; that confirmation concerning satisfaction with the easement had not previously been secured from FPL at the time Street Vacation Application No. 03-SV-08 was filed but has since been received; and distributed a copy of the confirmation received from FPL. Mayor Palmer requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission; and stated that a presentation regarding Street Vacation Application No. 03-SV-08 as incorporated in proposed Ordinance No. 03-4507 is not necessary since the review criteria included in the Agenda backup material is sufficient; that the area has no traffic circulation; that maintaining the roadway serves no public benefit; that on November 12, 2003, the Planning Board/Local Planning Agency (PBLP) held a public hearing regarding proposed Ordinance No. 03-4507 and voted 4 to 0 to recommend approval of the proposed Street Vacation with no conditions necessary; that Staff recommends the Commission pass proposed Ordinance No. 03-4507 on first reading. Mayor Palmer asked if Street Vacation Application No. 03-SV-08 meets all criteria required for street vacations? Mr. Parsons stated yes. There was no one signed up to speak and Mayor Palmer closed public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4507 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4507 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Palmer, yesi Servian, yes; Atkins, yes. Mayor Palmer 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 process; 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. 14. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4486, TO AMEND ORDINANCE NO. 02-4406 WHICH CONDITIONALLY REZONED PROPERTY LOCATED AT 521 COCOANUT AVENUE TO THE COMMERCIAL -CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; SAID AMENDMENT CONSISTS OF THE SUBSTITUTION OF PROPOSED BOOK 55 Page 26630 12/15/03 2:30 P.M. BOOK 55 Page 26631 12/15/03 2:30 P.M. SITE PLAN APPLICATION NO. 03-SP-20 FOR PREVIOUSLY APPROVED SITE PLAN APPLICATION NO. 02-SP-13 TO ENABLE THE CONSTRUCTION OF +4,000 SQUARE FEET OF COMMERCIAL/RETAIL SPACE AND 35 MULTIPLE FAMILY DWELLING UNITS, AS DETAILED IN SITE PLAN APPLICATION 03-SP-20; APPROVING THE SUBSTITUTED SITE PLAN APPLICATION 03-SP-20; PROVIDING FOR CONDITIONS; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NOS. 03-ROA-03 AND 03-SP-20, APPLICANTS STEPHEN D. REES, ESQ. AND DONALD M. LAWSON AIA, AS AGENTS REPRESENTING PORTOFINO ENTERPRISES, LLC, OWNER) - PASSED ON FIRST READING (AGENDA ITEM XI-B-1) CD 7:44 through 8:02 Mayor Palmer stated that Rezone Ordinance Amendment Application No. 03-ROA-03 as incorporated in proposed Ordinance No. 03-4486 and as accompanied by Site Plan Application No. 03-SP-20 amends Ordinance No. 02-4486 which conditionally rezoned property located at 521 Cocoanut Avenue to the Commercial-Central Business District C-CBD Zone District; that the Applicants are Stephen Rees, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, and Donald Lawson, AIA, Lawson Group Architects, as agents for Portofino Enterprises, LLC, owner. City Attorney Taylor stated that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal and 3 minutes for the City's presentation and 3 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 3 minutes to speak and 3 minutes for rebuttal. Mayor Palmer stated that hearing no objections, the recommended time limits are approved. City Attorney Taylor stated that the following individuals have filed and met the criteria for certification as Affected Persons: John Lyons and Laurie Rosin. City Attorney Taylor stated that neither Mr. Lyons nor Ms. Rosin are present in the Commission Chambers but are acknowledged as Affected Persons. Mayor Palmer requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Atkins stated that conversations have been held with Wayne Moreland, contract purchaser. Mayor Palmer and Commissioners Bilyeu and Servian stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Attorney Rees and Mr. Lawson came before the Commission. Attorney Rees stated that Wayne Morehead, the purchaser of the property at 521 Cocoanut Avenue through Portofino Enterprises, LLC, brings fantastic energy and vision to the Cityi that working with Mr. Morehead and Mr. Lawson has been a privilege; that proposed Ordinance No. 03-4486 has been reviewed; that the following proffered conditions included in the proposed Ordinance No. 03-4486 are understood: ..site plan and all related development and construction plans for the proposed building shall be in compliance with those labeled Portofino Place, and received by the Planning Department on October 27, 2003. .applicant shall submit a Transportation Demand Management Plan and/or Transportation Systems Management Plan for approval by the City Engineer. .applicant shall submit a Construction Staging Plan to the Director of Building, Zoning & Code Enforcement for approval. - The staging plan shall be updated quarterly, and submitted to the Director of Building, Zoning and Code Enforcement for review and approval by the Development Review Committee.. elevated plaza shall be open to the general public, with a sign sO stating to be located in the main lobby of the building. This condition will automatically terminate upon adoption of the proposed Downtown Code and the subsequent rezoning of the site BOOK 55 Page 26632 12/15/03 2:30 P.M. BOOK 55 Page 26633 12/15/03 2:30 P.M. to one of the implementing Zone Districts of the Downtown Code. A technical deviation from the prohibition of no driveway access to the Boulevard of the Arts as contained in the Engineering Design Criteria Manual has been approved for the Portofino Place Project subject to a condition that the driveway from Boulevard of the Arts into the Portofino Place Project be removed at such time as Boulevard of the Arts is reconstructed by the City or such driveway access becomes a safety hazard, as determined by the City Engineer Mr. Lawson referred to renderings of the proposed project displayed on the Chamber monitors throughout the presentation; and stated that the site is located at the southwest corner of Cocoanut Avenue and Boulevard of the Arts; that the project consists of 35 residential condominiums and approximately 4,100 square feet of commercial retail space; that the building is nine stories in height; that Staff has prepared a thorough and comprehensive review of the project as is indicated in the Summary of Comprehensive Plan Consistency Analysis, which is included in the Agenda backup material and includes ten criteria; that the project was found consistent with all aspects of the ten criteria; that on November 12, 2003, the Planning Board/Local Planning Agency (PBLP) conducted a public hearing to consider the proposed rezoning ordinance amendment and proffered site plan for the project; that the 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 both the amendment and the proffered site plan; that at the PBLP public hearing, Staff indicated an improvement was seen from the previously approved site plan; that the amount of commercial space was reduced and the number of residential living units were increased in consideration of the desire for more residential housing in the Downtown; that Staff concludes the proposed project meets or exceeds each criterion of the Zoning Code (2002 Ed.); that the building is not as high as allowed in the Commercial-Central Business District (C-CBD) Zone District; that all parking for the proposed project is under the building and concealed from the view of the adjacent neighbor; that more parking than required is being provided; that a neighborhood meeting was held at which no opposition to the proposed project was heard; that support was indicated for further development in the community; that the proposed project is considered an enhancement to the City, bringing more housing and a reduction in traffic to the Downtown. Mr. Lawson continued that work was conducted with Planning and Redevelopment Department Staff and other City Staff over the last few months; that the project meets or exceeds all requirements; that the Commission is requested to consider adoption of proposed Ordinance No. 03-4486. Commissioner Servian stated that the understanding is the only manner in which the building can be constructed is if the trees are removed; that the site plan indicates the trees which are removed will be replaced with palm trees; and asked if vertical oak trees similar to those planted on upper Main Street have been considered since more shade would be provided? Mr. Lawson stated that the idea is excellent and will be addressed with Mr. Morehead. Commissioner Servian stated that the suggestion is to intersperse the vertical oak trees with the palm trees. Mayor Palmer stated that the site plan indicates the entrance on Boulevard of the Arts is temporary; that the condominium covenant documents should clearly indicate the entrance is temporary; that a request is to underline and capitalize the wording indicating the fact Boulevard of the Arts is the temporary entrance sO people are aware the driveway into the property from Boulevard of the Arts will change; that similar issues have previously come before the Commission; that people have objections if property is purchased under certain conditions and the conditions are suddenly changed. Mr. Lawson stated that Mr. Morehead has a vision to redevelop the neighborhood; that absent an access off Boulevard of the Arts, the only access to the property would be off an alley to the south which currently is not necessarily the greatest point of entry; that the thought was to provide the best possible front door for residents and visitors coming to the project; BOOK 55 Page 26634 12/15/03 2:30 P.M. BOOK 55 Page 26635 12/15/03 2:30 P.M. that the City was requested to allow access from Boulevard of the Arts until such time as improvements are made to the area. Mayor Palmer stated that allowing temporary access from Boulevard of the Arts is not a problem; that the concern is to make purchasers fully aware of the possibility of a change in access to the building at the time of purchase to avoid problems between the City and purchasers in the future. Commissioner Bilyeu stated that view corridor issues should be made clear as well; and stated that the project is pleasing. Mayor Palmer requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission; stated that the Applicants have sufficiently covered the project and have addressed the point regarding temporary access from Boulevard of the Arts; and quoted Section 6(e) of proposed Ordinance No. 03-4486 as follows: This agreement shall provide that the City, through the City Engineer, shall be solely responsible to determine when the subject driveway must be closed. Mr. Hoglund stated that the approach to open space is treated differently between the current C-CBD Zone District and the draft City of Sarasota Downtown Code (Downtown Code) ; that the project relies on open space as a feature of the building; that the project requires processing under the C-CBD Zone District sO the Developer is making the upper level open space available to the public as an interim measure; that the requirement for open space will no longer exist once the Downtown Code is implemented; that a neighborhood meeting was held on April 3, 2003, to present the project and another larger associated mixed-use project located on the opposing corner on the northeast corner of Cocoanut Avenue and Boulevard of the Arts; that some comments in the Executive Summary, included in the Agenda backup material, pertain to the larger project. Mr. Hoglund continued that Planning Staff recommends the Commission pass proposed Ordinance No. 03-4486 on first reading. Commissioner Servian asked for clarification regarding the necessity of having the entrance off Boulevard of the Arts. Mr. Hoglund stated that Boulevard of the Arts is a primary street in which part of the focus is to have a pleasant pedestrian experience from the neighborhood to the east down to the waterfront; that the project has the benefit of having an alley; that many blocks in the Downtown have an alleyi that the basic approach to access in the future will be to utilize alleys to the fullest; that ground level parking in the building will obviously be devoted to some commercial space; that visitor parking on the upper level will be for residents of the building; that the building and traffic circulation can function by utilizing the alley as an entrance. City Auditor and Clerk Robinson stated that no Affected Persons or interested persons have signed up to speak. Mayor Palmer stated neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4486 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4486 on first reading. Mayor Palmer stated that the improved project is pleasing. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Servian, yesi Atkins, yes; Bilyeu, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4502, TO REZONE PROPERTY LOCATED AT 800, 810, 820 AND 830 CENTRAL AVENUE FROM THE COMMERCIAL RESIDENTIAL TRANSITION (CRT) ZONE DISTRICT TO THE COMMERCIAL-CENTRAD BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW THE RENOVATION OF EXISTING STRUCTURES AND EXPANSION OF THE RANGE OF ALLOWABLE USES FOR AN EXISTING DEVELOPMENT KNOWN BOOK 55 Page 26636 12/15/03 2:30 P.M. BOOK 55 Page 26637 12/15/03 2:30 P.M. AS ROSEMARY COURT ; APPROVING SITE PLAN APPLICATION NO. 03- SP-37 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-19 AND 03-SP-37, APPLICANT BRUCE FRANKLIN, / PRESIDENT I LAND RESOURCE STRATEGIES, INC. f AS AGENT REPRESENTING DOWNTOWN RENTALS, INC. I OWNER) = PASSED ON FIRST READING (AGENDA ITEM XI-B-2) CD 8:02 through 8:08 Mayor Palmer stated that proposed Ordinance No. 03-4502 as incorporated in Rezone Application No. 03-RE-19 and accompanying Site Plan Application No. 03-SP-37 is to rezone approximately .77 of an acre of property located at 800, 810, 820, and 830 Central Avenue from the Commercial Residential Transition (CRT) Zone District to the Commercial-Central Business District (C-CBD) Zone District; that the Applicant is Bruce Franklin, President, Land Resource Strategies, Inc., as agent representing Downtown Rentals, Inc., as owner. City Attorney Taylor stated that the recommendation is to allow 5 minutes for the Applicant's and the City's presentations and 3 minutes for rebuttal. Mayor Palmer stated that hearing no objections, the recommended time limits are approved. Mayor Palmer requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Bilyeu stated that he had a prior affiliation with the developer some time ago concerning the project in the very early stages; however, the affiliation was terminated prior to his election. City Attorney Taylor stated that under State law a pecuniary benefit regarding the issue must exist to have a conflict of interest; that Commission Bilyeu has no current connection with the project but did at one time; that Commissioner Bilyeu was advised to disclose any ex parte communications; however, no conflict of interest exists. Mayor Palmer and Commissioners Atkins and Servian stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Mr. Franklin came before the Commission; referred to the Rosemary Court site plan displayed on the Chamber monitors; and stated that the Site Plan Application is straight forward; that the request is to amend previously approved Ordinance No. 97-4020 which rezoned the parcel to the Commercial Residential Transition (CRT) Zone District with limited uses; that the request is for rezoning to the Commercial-Central Business District (C-CBD) Zone District with limited uses as indicated in the proffered site plan; that Jonathan Sheintal acquired the property; that the request is to modify the prior ordinance which approved the uses permitted in Rosemary Court; that access to the parking area is from Central Avenue and Ninth Street; that the prior ordinance allocated uses by building and limited the uses permitted on the property by certain uses in each building, which was constraining; that rezoning to the C-CBD Zone District will expand the types of uses permitted; that allowed uses on the property are included in proposed Ordinance No. 03-4502; that a tenant can locate in any building without the concern the use is specific to one building, which provides flexibility; that a proposed condition of the Application is any conditional uses in the C-CBD Zone District will be sought through the Planning Board/Local Planning Agency (PBLP) in compliance with Zoning Code (2002 Ed.) requirements; that the Commission is requested to pass proposed Ordinance No. 03-4502 on first reading. Mayor Palmer requested that Staff come forward for the City's presentation. Karin Murphy, Redevelopment Specialist, Planning and Redevelopment Department, stated that the Application is simple, which is pleasing; that proposed Ordinance No. 03-4502 eliminates the zoning enclave of the CRT Zone District for the property; that the CRT Zone District is no longer an implementing zone district for the future land use classification; that privately initiated rezonings to eliminate zoning enclaves are encouraged; that privately initiated rezones of older Zone Districts are encouraged; that a chart of allowable uses in the C-CBD Zone District, the Historic Designations, and the Traffic Concurrency BOOK 55 Page 26638 12/15/03 2:30 P.M. BOOK 55 Page 26639 12/15/03 2:30 P.M. Analysis are included in the Agenda backup material; that the Application promotes the "shelf life" of the historic structures and provides additional uses; that at the November 12, 2003, meeting the PBLP found Rezone Application No. 03-RE-19 and Site Plan Application No. 03-SP-37 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the Tree Protection Ordinance, satisfies the Zoning Code (2002 Ed.) standards for review, and voted 4 to 0 to recommend approval of the rezone and site plan, subject to the following conditions: Site, development and all related development and construction plans shall be in compliance with the plans labeled "Rosemary Court" received by the Planning and Redevelopment Department on October 30, 2003 Applicants shall execute an Easement Deed in favor of the City for the purposes of installing, maintaining and repairing utility facilities over, along and under and within that portion of a ten foot wide alley vacated by Ordinance No 86-3024 within the boundaries of the property utility facilities shall include, but not be limited to, water, sewer, reuse and stormwater facilities Use of the property - shall be limited to the uses permitted in the C-CBD Zone District, as indicated in proposed Ordinance No. 03-4502 Mayor Palmer stated that no other interested persons have signed up to speak; that neither the Applicant, nor the City, has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4502 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4502 on first reading. Commissioner Bilyeu stated that approving the project is pleasing. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Servian, yes; Atkins, yes; Bilyeu, yes; Palmer, yes. 16. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XII) CD 8:08 There was no one signed up to speak. 17. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XV) CD 8:08 through 8:12 COMMISSIONER BILYEU: A. stated that a recent meeting of the Juvenile Justice Committee of Department of Juvenile Justice (Committee) was attended; that the Nominating Committee agreed to extend him voting rights; that the meetings of February, March, and April 2004 will not be attended due to a scheduling conflict with Commission meetings concerning the proposed Downtown Code; that the Committee approved his absences and indicated extending voting rights was pleasing as often members do not attend the meetings. COMMISSIONER SERVIAN: A. stated that the recent meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was not attended due to an out-of-town. trip; that a copy of a package of letters to the MPO from residents of Longboat Key concerning the narrowing of US 41 was received; that the MPO replied to each letter indicating comments should be directed to the Sarasota City Commission. COMMISSIONER ATKINS: A. stated that the Sarasota Housing Authority (SHA) Steering Committee for the HOPE (Housing Opportunities for People Everywhere) VI grant, on which he serves, is continuously working and enthusiastically expects to BOOK 55 Page 26640 12/15/03 2:30 P.M. BOOK 55 Page 26641 12/15/03 2:30 P.M. receive the HOPE VI grant; that the SHA Board of Directors continues to appreciate the efforts of the City Commission to help secure the HOPE VI grant; and requested that the Commissioners continue the efforts and the support. Mayor Palmer stated that the Commission must not only support but also help lead the effort to secure the HOPE VI grant. B. stated that the Enterprise Zone Redevelopment Agency, which he chairs, will now begin meeting every two months rather than quarterly as considerable activity is happening rapidly; that additionally, the anticipation is to receive the HOPE VI grant which will increase activity in the Enterprise Zone. MAYOR PALMER: A. stated that the economic analysis component of the study concerning a possible conference center will be returned to the Tourist Development Council by January 2004 and will provide information concerning the need for a conference center, the potential cost, possible funding sources, and a recommendation concerning location, likely to include four alternative locations. B. stated that Sarasota County Commissioner Nora Patterson will be assuming the leadership of the Tourist Development Council; that Sarasota County Commissioner Shannon Staub will be assuming the leadership of the Economic Development Board; that Sarasota County Commissioner David Mills will continue representation on the Board of Directors of the Sarasota County Fairgrounds; that Sarasota County Commissioner Jon Thaxton was elected Chair and Sarasota County Commissioner Paul Mercier was elected Vice Chair of the Sarasota Board of County Commissioners as of January 1, 2004. 18. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED TO PLACE AN ITEM CONCERNING THE STRATEGIC PLAN ON THE AGENDA OF THE JANUARY 5 2003, REGULAR COMMISSION MEETING; STAFF WILL : 1) SCHEDULE A PRESENTATION IN RECOGNITION OF THE CITIZEN VOLUNTEERS OF THE SARASOTA POLICE DEPARTMENT FOR A FUTURE COMMISSION AGENDA, 2) DEVELOP A PROGRAM FOR ORIENTATION OF ADVISORY BOARD MEMBERS AND 3) PROVIDE A REPORT CONCERNING THE TRANSPORTTON MANAGEMENT ORGANIZATION (AGENDA ITEM X) CD 8:12 through 8:18 COMMISSIONER BILYEU: A. stated that a recognition reception for the Citizen Volunteers of the Sarasota Police Department (SPD) is suggested; that the holiday party for the Police Citizen Volunteers was recently attended and was excellent. Mayor Palmer stated that the Police Citizen Volunteers are a wonderful group of people; that an item for recognition should be placed on an Agenda for a future Commission meeting; that a recognition was discussed with the SPD Police Chief. City Auditor and Clerk Robinson stated that an item will be placed on an Agenda of a future Commission meeting. Commissioner Bilyeu stated that the goal of 60 Police Citizen Volunteers has almost been achieved. B. stated that the Advanced Elected Municipal Officers (EMO) Conference was recently attended and was excellent. C. stated that an orientation for Sarasota County Advisory Board members was recently attended; that at the time assuming a position on a City advisory board initially, he attended a certification program for Robert's Rules of Order at Manatee Community College; that the requirements of Florida's REthe-mmNe laws can be inadvertently violated due to the inexperience of the board members; that the orientation at Sarasota County included a good presentation by Staff from the County Attorney's Office; that providing a presentation to City advisory board members would be good. BOOK 55 Page 26642 12/15/03 2:30 P.M. BOOK 55 Page 26643 12/15/03 2:30 P.M. City Auditor and Clerk Robinson stated that the desire is for a more formal orientation program for City advisory board members. Commissioner Bilyeu stated that the information from the Sarasota County's orientation could be provided; that the City's Board of Adjustment receives a more formal orientation program from the City Attorney's Office and the Building, Zoning and Code Enforcement Department. City Auditor and Clerk Robinson stated that the hope was to have the individual specializing in Florida's govermment-in-the- sunshine law at the State level provide a presentation for the Commission and the City's advisory board members. Mayor Palmer stated that the necessity to have someone from the State make a presentation is not understood; that City Auditor and Clerk Robinson sits at the Commission table and is the Parliamentarian for the National League of Cities. City Auditor and Clerk Robinson stated that his thought concerned Florida's govermment-in-the-sunshine law and gift tax law. Mayor Palmer stated that City Attorney Taylor would be of assistance concerning Florida's govermment-in-the-sunshine law and gift tax law; that the City has talented people on Staff. City Auditor and Clerk Robinson stated that a program will be developed. D. stated that the following two neighborhood associations have been dormant and are now becoming active in District 3: the Paver Park Neighborhood Association and the Poinsettia Park Neighborhood Association; that the Poinsettia Park Neighborhood is located in the area of 12th and 17th Streets; that the holiday party of the Poinsettia Park Neighborhood Association was recently attended, was a very festive evening, and had good participation from the neighborhood residents. COMMISSIONER SERVIAN: A. distributed an on-line salary survey from the December 2003 Quality Cities magazine published by the Florida League of Cities; and asked if the City participates? City Auditor and Clerk Robinson stated that a salary survey conducted by the Florida League of Cities is regularly received and completed. Commissioner Servian stated that the on-line salary survey can be updated at any time; that comparative studies can be performed. Mayor Palmer stated that the on-line salary survey can be forwarded for completion to the Director of Human Resources. B. stated that Engineering Staff provided Compact Discs (CDs) of the construction project of the John Ringling Causeway Bridge to everyone who took the tour of the construction site; and thanked Dennis Daughters, Director of Engineering/City Engineer, for the CDs which are a good memorialization of the construction project. C. stated that a wish for a happy and safe holiday season is extended to everyone. COMMISSIONER ATKINS: A. stated that questions are being received as to if the restrooms at Dr. Martin Luther King, Jr., (Dr. MLK) Park will be ready by the Dr. Martin Luther King, Jr. holiday celebration; that the response from Staff is the restrooms will be ready. Deputy City Manager Schneider stated that a completion schedule for the restrooms at Dr. MLK Park and at Centennial Park was previously provided the Commission and will be provided again. BOOK 55 Page 26644 12/15/03 2:30 P.M. BOOK 55 Page 26645 12/15/03 2:30 P.M. MAYOR PALMER: A. stated that an additional $10,000 was provided the consultant for the development of a Strategic Plan; that the consultant has been ill; however, questions are the future direction and the cost to complete the Strategic Plan; that a certain amount of funding was initially provided to develop the Strategic Plan; that the discussion now includes past funds of $10,000 owed, yet the Strategic Plan is not yet complete; that a status report should be provided at the January 5, 2004, Regular Commission meeting. City Auditor and Clerk Robinson stated that the status report could be placed on the Agenda for the afternoon session of the January 5, 2004, Regular Commission meeting. Mayor Palmer stated that hearing no objections, a status report for the Strategic Plan will be placed on the Agenda under Unfinished Business in the afternoon session of the January 5, 2004, Regular Commission meeting; that the status of the Strategic Plan is becoming a concern. Commissioner Servian stated that the Finance Department was requested to provide a report concerning to-date expenditures, which equal $32,200; that the concerns are shared. Deputy City Manager Schneider stated that a concern regarding reaching finality is shared; that the thought was the Strategic Plan was almost complete several months ago, subsequent to which several additional steps were recommended; that information which was considered the final requirement was submitted a month ago; that the City Manager is also concerned; that the consultant provided a flow chart of suggested prices for different tasks, which is probably beyond the City's desire at this time; that hopefully, the consultant will attend the January 5, 2004, Regular Commission meeting. Mayor Palmer referred to correspondence from the consultant dated December 5, 2003, indicating the outputs from the August 25, 2003, Workshop were compiled and reviewed in October 2003; and stated that the consultant's review was provided to the City Manager and the Deputy City Manager but not the City Auditor and Clerk or the City Attorney; that the Commission has stressed from the beginning the importance of involving all three Charter Officials. B. stated that a citizen from Lido Shores spoke about a Barrier Islands Chapter to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), under Citizens' Input; that the Commission previously approved the development of a Barrier Islands Chapter; that a committee was formed to work on development of a Barrier Islands Chapter; that representatives from Lido Shores should be involved in the committee, which recently met to begin developing a plan; that the citizen should be advised of the existence of the committee and the actions being taken. Commissioner Servian stated that funds were not allocated in the City's fiscal year (FY) 2003/04 budget to write the Barrier Islands Chapter; that the Barrier Island Group, which the citizen represented, has come together with the objective of convincing the Commission to allocate funds for the development of a Barrier Islands Chapter in FY 2004/05 and is presenting the issue of the development of a Barrier Islands Chapter to assure the Commission is aware of the importance of funding. Mayor Palmer asked if Lido Shores is represented on the committee? Commissioner Servian stated yes; that the Barrier Island Group is coming forward to lobby the Commission in anticipation of the development of the FY 2004/05 budget. C. stated that participation in the City's Transportation Management Organization (TMO) has recently been required by the Commission in the approval of development applications; however, the TMO was placed on hold during the development of the Downtown Mobility Study but will not be eliminated; that the City has State funds for the development of the TMO; that a status report concerning the TMO is requested; that of particular concern is the trolley, mass transit, and other transportation issues affecting the Downtown. Deputy City Manager Schneider stated that a report concerning the status of the TMO will be provided to the Commission. BOOK 55 Page 26646 12/15/03 2:30 P.M. BOOK 55 Page 26647 12/15/03 2:30 P.M. 19. ADJOURN (AGENDA ITEM XII) CD 8:27 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of December 15, 2003, at 8:27 p.m. u - - b Zou ANN R. PALMER, MAYOR ATTEST: Bi E Rabengon BILLY E.CROBINSON, CITY AUDITOR AND CLERK