BOOK 53 Page 25027 03/17/03 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 17, 2003, AT 2:30 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, Michael Connolly, City Attorney's Office (afternoon session), and Robert Fournier, City Attorney's Office (evening session) ABSENT: City Attorney Richard J. Taylor PRESIDING: Mayor Mason Mayor Mason called the meeting to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:27 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 2:28 through 2:30 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 1, Item No. IV-A-7, Approval Re: Authorize the formal execution of the Front Porch Reimbursement Sub-grant Agreement between the State of Florida, Office of Economic Opportunity, and the Newtown Front Porch Program Council and the City of Sarasota as the fiscal agent on behalf of the Council; and to authorize the City Manager or designee to sign all documents related to this agreement, per the request of the City Manager McNees. B. Reverse the order of Public Hearings, Item Nos. X-A-5 and X-A-6 to hear the proposed Ordinance No, 03-4442 regarding annexing certain real property prior to hearing proposed Resolution No. 03R-1592 regarding the amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), per the request of the Planning Department. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:30 through 2:37 The following people came before the Commission: Ken Shelin, 770 South Palm Avenue (34236), distributed a Proposal for a Sarasota Bayfront Art Park to the Commission and stated that he is a resident of the City and lives on the Downtown Bayfront; that the proposal is to substantially enhance and provide an opportunity for pedestrians to make a better use of the Bayfront area which furthers the goals of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the green buffer area which parallels US 41 and Gulf Stream Avenue along the Bayfront is seldom utilized by pedestrians due to the lack of walkways, paths, access, or amenities to attract pedestrian interest; that the area is perfect for walking in an already attractive City. BOOK 53 Page 25028 03/17/03 2:30 P.M. BOOK 53 Page 25029 03/17/03 2:30 P.M. Mr. Shelin continued that the proposal is to create an "Art Park" in conjunction with the Parks + Connectivity Master Plan and the goals of the Downtown Master Plan 2020 on the green buffer to contain the following: A decorative walk which weaves through the trees and other landscaping incorporating commissioned artistic designs from Mound Street to the intersection of US 41 and Gulf Stream Avenue; Pieces of sculpture and other outdoor art placed at various locations to create attractive viewing opportunities; Benches and other amenities sO a person using the area can sit and contemplate art, read, rest, watch sunsets, or carry on conversations with others; Benches as commissioned works of art much in the manner of Antonio Gaudi's undulating bench at Park Guell in Barcelona; - Fountains as commissloned works of art for public refreshment; and - Landscaping with native plants to create attractive settings for the Art Park. Mr. Shelin further stated that the concept is ambitious but could be developed geographically in sections over time provided by the Parks + Connectivity Master Plan; that pieces of art could be added as time and resources permit; that art could be acquired by a variety of means including donations, loans, grants, and purchases; that the hope is Staff can explore the concept. Stan Zimmerman, 2469 Novus Street (34237), stated that the request is for the Commission to remain open minded and patient regarding the County's proposal to move the County Administration Center to the Arthur Andersen Building; that the hope is the City will be able to schedule a Citywide town meeting concerning the issue; that the proposed move could be beneficial for the City; that one benefit is the alleviation of traffic generated from hundreds of County employees traveling through District 3; that the move could be a significant traffic abatement solution; that the economic impact may not be as profound as feared; that the majority of County employees pack lunches and are not habituates of Downtown restaurants; that the Commission is urged to approach the issue with an open mind; that moving the County Administration Center may be an efficient use of governmental resources for County taxpayers; that someday the City of North Port, not the City of Sarasota, will be the largest City in Sarasota Countyi that the Sarasota County 2050 Plan calls for the creation of thousands of new residences east of Interstate 75 which will require service by a County Administrative complex; that the proposed move may be an opportunity for the County to relocate at their own expense. 3. BOARD ACTIONS RE: REPORT RE: CELEBRATE SARASOTA COMMITTEE MEETING OF MARCH 12, 2003 RECEIVED REPORT, ; AFFIRMED THE RECOMMENDATIONS OF THE CELEBRATE SARASOTA STEERING COMMITTEE REGARDING THE GRANT FUNDING (AGENDA ITEM III-1) CD 2:37 through 2:50 Thorning Little, Chair, and Paul Thorpe, Vice Chair, Celebrate Sarasota Steering Committee (Committee), came before the Commission. Mr. Little presented the following items from the March 12, 2003, Committee meeting: A. Funding of the City Seal in the floor of the Federal Building. BOOK 53 Page 25030 03/17/03 2:30 P.M. BOOK 53 Page 25031 03/17/03 2:30 P.M. Mr. Little stated that the Commission requested the Committee and the Public Art Committee (PAC) consider sharing the $10,000 cost; that the Committee unanimously voted to allocate $5,000 of Celebrate Sarasota funds for the installation; however, consideration for the actual location of the placement of the City Seal was reserved until the floor plan of the Federal Building is finalized. B. Grant Applications Mr. Little stated that the Committee reconsidered grant applications referred back to the Committee by the Commission and additional grant applications submitted for Celebrate Sarasota grant funding; that the Committee increased the recommended amount for the Celebrate Sarasota Art & Memorabilia Committee and Art Center Sarasota Artwork Exhibition and Photo Competition from $2,500 to $5,000 and recommends the Commission approve the following reconsidered and new grant applications: Grant Application/Applicant Amount The Celebrate Sarasota Art & Memorabilia Committee $5,000 and Art Center Sarasota Artwork Exhibition and Photo Competition Taran Day Committee $5,225 Strathspey Reel Society Performance Arlington Park Neighborhood Association $1,620 Neighborhood Celebration/Tree Dedication Yes You Can, Inc. $500 Life is a Treasure Mr. Little continued that the primary request of the Taran Day Committee is to support the Strathspey Reel Society Performance; that the recommendation of $5,225 is for a portion of the performance, which is anticipated to cost $45,000; that 20 to 30 musicians from Dunfermline, Scotland, will be performing with historic violins with a fee for admission; that $5,225 expenditure will be likely offset by ticket sales; that monies which are not utilized will be returned to the Celebrate Sarasota grant fund; that the hope is the Taran Day Committee will sell a significant amount of tickets for the event sO the Celebrate Sarasota grant fund will not be utilized and returned. Mr. Little further stated that the Arlington Park Neighborhood Association requested $1,620 for a tree planting event; that the recommended amount for previous neighborhood applications has been $500; however, the Arlington Park Neighborhood is a large demographic area which includes over 1,500 homes; that the mailing alone for the event is more than $500; that $1,620 is a reasonable request considering the size of the neighborhood. Mr. Little stated further that the Life is a Treasure event sponsored by Yes You Can, Inc., is an educational cruise for children from low-income families to explore the Sarasota bays; that the Committee determined $500 as a reasonable funding request; that the balance in the Celebrate Sarasota grant fund will be $11,536 if the recommended funding is approved by the Commission; that the recommendation is to stop taking Celebrate Sarasota grant fund applications and utilize some of the remaining funds to order additional commemorative coins and stickers; that the Rosemary District Neighborhood Association grant request for the Rosemary Garden Party was returned; that t-shirts for the event could not be produced in time to meet the event deadline. Mr. Thorpe referred to the March 13, 2003, 67th Annual Sarasota County Fair insert from the Sarasota Herald-Tribune; and stated BOOK 53 Page 25032 03/17/03 2:30 P.M. BOOK 53 Page 25033 03/17/03 2:30 P.M. that extra copies are available if the Commission had not seen the insert which depicts the City's logo and features a great story commemorating the City's 100th Anniversary; that an exhibit featuring old time Sarasota is on display at the Ken Clark Auditorium. C. Time Capsule at the Federal Building Mr. Little stated that the Commission referred the Best Memories Time Capsule project grant application back to the Committee for reconsideration to avoid duplicated efforts between the project and the proposed construction of a time capsules in the Federal Building; that the Committee considered the placement of a time capsule in the Federal Building and reconsidered the Best Memories Time Capsule project grant application; that the sponsor of the project agreed to work with the City's efforts for the time capsule in the Federal Building; that a presentation was made to the Committee by the City Manager at the March 12, 2003, Committee meeting, requesting assistance with funding for the time capsule in the Federal Building; that the Committee recommended a bronze plaque be placed at the location of the time capsule to indicate no monetary value is within the time capsule and the significance of the City Seal embedded in the floor in commemoration of the City's 100th Anniversary Celebration; that the Committee discussed the possible option of locating the time capsule at City Hall; that the Committee tabled the discussion until the April 9, 2003, Committee meeting sO the Federal Building can be toured and more information can be provided. Commissioner Servian referred to the March 12, 2003, draft minutes of the Celebrate Sarasota Steering Committee included in the Agenda backup material as follows: Consensus was reached to continue to accept Grant Applications, but to tell applicants that funding is low. Commissioner Servian asked if the consensus is a misprint or has the Committee stopped taking applications? Mr. Little stated that the consensus is correct; that he previously misspoke. City Auditor and Clerk Robinson stated that a portion of the $25,000 of the Celebrate Sarasota funding which was set aside to purchase memorabilia has been utilized; that $11,536 will be the remaining balance if the recommendations presented are approved. Commissioner Martin stated that the March 12, 2003, draft minutes also reflect a motion to table the Best Memories Time Capsule project; that the understanding is the issue is resolved. Mr. Little stated that is correct. City Auditor and Clerk Robinson stated that the sponsor of the Best Memories Time Capsule project is willing to work with the City to develop the time capsule in the Federal Building. On motion of Commissioner Quillin and second of Vice Mayor Palmer, it was moved to receive the March 12, 2003, report of the Celebrate Sarasota Committee. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to affirm the recommendations of the Celebrate Sarasota Steering Committee regarding the grant funding. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. BOOK 53 Page 25034 03/17/03 2:30 P.M. BOOK 53 Page 25035 03/17/03 2:30 P.M. Mr. Little stated that the next Celebrate Sarasota Steering Committee meeting is scheduled for 5 p.m., April 9, 2003, in Room 303A of City Hall. 4. BOARD ACTIONS RE: : REPORT RE : SARASOTA SISTER CITIES REQUEST TO NAME THE WALKWAY ON BAYFRONT PARK ADJACENT TO THE TREES NAMED IN HONOR OF SARASOTA': S SISTER CITIES AS "SARASOTA SISTER CITIES WALK" APPROVED (AGENDA ITEM III-2) CD 2:50 through 2:58 Hope Burns came before the Commission and stated that she is present on behalf of Linda Rosenbluth, President, Sarasota Sister Cities Association (Sister Cities) who was unable to attend the meeting; that the request is to name a connecting walkway in Bayfront Park adjacent to the trees, "Sarasota Sister Cities Walk," renamed in honor of Sarasota's Sister Cities; that the short walkway is surrounded on both sides by mahogany trees planted by the City in honor of each of the Sister Cities; that a bronze plaque commemorates the date which each international Sister City became an official Sister City; that the Sister Cities displayed on the plaque are as follows: Santo Domingo, Dominican Republic; - Hamilton, Ontario, Canada; - Vladimir, Russia; - Perpignan, France; Tel Mond, Israel; and Dunfermline, Scotland. Commissioner Quillin stated that the issue should be referred to the Administration for a report with recommendations as to the commemorative sidewalk; that the designation should be part of the Bayfront Park Master Plan; that several amenities in the area such as the steigerwaldt-Jockey Fountain, also called the children's fountain, the Allen Play Area, and the Dolphin fountain should be evaluated by Staff as possible commemorative pieces; that a kiosk at Bayfront Park may be necessary. Vice Mayor Palmer stated that the request is to name a connecting walkwayi that a sign can be installed indicating a section of the walkway is the "Sarasota Sister Cities Walk" prior to the formal dedication ceremony during the visit of the Dunfermline Strathspey Reel Society Fiddle Orchestra (Fiddle Orchestra) in early April 2003. Mayor Mason asked if a walkway must be created? Vice Mayor Palmer stated no; that the request is to name a section of the existing walkway. Commissioner Quillin stated that she is aware of the upcoming visit; however, the public is not aware of the significance of the new fountains and the playground; that a kiosk is suggested. Vice Mayor Palmer stated that a kiosk can be considered at a later date. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the request of the Sarasota Sister Cities to name the walkway in Bayfront Park adjacent to the trees named in honor of Sarasota's Sister Cities as the "Sarasota Sister Cities Walk.' Commissioner Martin stated that the motion is supported; however, the item should be referred to the Administration to determine the necessary material for the designation. BOOK 53 Page 25036 03/17/03 2:30 P.M. BOOK 53 Page 25037 03/17/03 2:30 P.M. Commissioner Quillin stated that the motion is supported; that the intent of the suggestion to refer the issue to the Administration is to consider the overall designations in the area; that the commemoration of certain areas of Bayfront Park and the costs involved should be evaluated; that a kiosk should be installed to inform the public of areas to walk dogs and which items of the park were gifts to the City. Vice Mayor Palmer stated that the request is simply for signage and not an involved process which may require a major expenditure; that the signage should be installed prior to the April 2003 dedication. Commissioner Martin asked if the direction for the designation of the sidewalk is clear to the Administration? City Manager McNees stated yes; that designating the sidewalk will be brought back before the Commission if the cost is significant. Commissioner Servian stated that the understanding is a sign will be installed at either end of a section of the walkway; that a kiosk should be considered in the long-range development of Bayfront Park. Mayor Mason called for a vote on the motion to approve the request of the Sarasota Sister Cities to name the walkway at Bayfront Park adjacent to the trees named in honor of Sarasota's Sister Cities as the "Sarasota Sister Cities Walk." Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2,3,4,5, 6, AND 7 APPROVED (AGENDA ITEM IV-A) CD 2:58 through 2:59 Commissioner Quillin requested that Item No. 1 be removed for additional clarification. City Manager McNees stated that Item No. 1 is a request to set proposed Ordinance No. 03-4459 regarding speed limits on certain streets in residential districts for public hearing; that any issue can be clarified prior to or at the public hearing if desired. Commissioner Quillin stated that several County parks adjoin the Cityi that an interlocal agreement may be necessary; that the request to remove Consent Agenda No. 1, Item No. 1, is withdrawn. 1. Approval Re: Set for public hearing proposed Ordinance No. 03-4459, amending Sarasota City Code Section 33-248, Chapter 33, Article VII, Schedules, pertaining to the speed limit on certain streets in residential districts; setting forth findings resulting from the traffic investigation by the City Engineering Department; repealing ordinances in conflict; providing for the severability of the parts hereof if declared invalid or unenforceable; etc. 2. Receipt Re: 2002 Annual Advisory Board Reports. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Security One Systems, Inc., (RFP. #02-65M) for the Security Access System. 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Upmans Towing Inc., (Bid #02-66M) to provide the Sarasota Police Department with wrecker towing and storage services for a one year period on an "as needed" basis. BOOK 53 Page 25038 03/17/03 2:30 P.M. BOOK 53 Page 25039 03/17/03 2:30 P.M. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Joint Funding Agreement between the U.S. Geological Survey and the City of Sarasota for the Sarasota Bay National Estuary Program. 6. Approval Re: Accept the offer of CSX Transportation, Inc., to settle the quiet title action between the City of Sarasota and CSX Transportation, Inc., (RFP #02-33M) in order to obtain marketable title of the abandoned railroad spur which traverses the City's Waterworks Building property. 7. Approval Re: Authorize the formal execution of the Front Porch Reimbursement Sub-grant Agreement between the State of Florida, Office of Economic Opportunity, and the Newtown Front Porch Program Council and the City of Sarasota as the fiscal agent on behalf of the Council; and to authorize the City Manager or designee to sign all documents related to this agreement. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Items 1 through 7 inclusive. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1596) ADOPTED ; ITEM 2 (RESOLUTION NO. 03R-1597) - ADOPTED; ITEM 3 (RESOLUTION NO. 03R-1599) - ADOPTED, ; ITEM 4 (RESOLUTION NO 03R-1601) - ADOPTED, ; AND ITEM 5 (ORDINANCE NO. 03-4441) ADOPTED (AGENDA ITEM IV-B) CD 2:59 through 3:02 1. Adoption Re: Proposed Resolution No. 03R-1596, authorizing the negotiation of a loan in an aggregate amount not to exceed $5,500,000 from the First Florida Governmental Financing Commission; approving the acquisition, construction and equipping of certain capital projects relating to public facilities; approving the execution and delivery of a loan agreement with the First Florida Governmental Financing Commission; providing certain other matters in connection with the making of such loan; etc., (Title Only). 2. Adoption Re: Proposed Resolution No. 03R-1597, 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. 03R-1599, appropriating $10,000 from the unappropriated fund balance of the Community Redevelopment Trust Fund to provide funding for legal fees for the Sarasota Herald Tribune Project and the Courthouse Center Project; etc. 4. Adoption Re: Proposed Resolution No. 03R-1601, appropriating $100,000 from the Law Enforcement Trust Fund (110-082) to provide funds for the expenses related to the investigation, identification and apprehension of drug traffickers; etc. 5. Approval Re: Second reading of proposed Ordinance No. 03-4441, amending the Sarasota City Code, Chapter 2, Administration, by deleting therefrom Article IX, Sarasota Mobile Home Park; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1599, 03R-1601 and proposed Ordinance No. 03-4441 in their entirety and proposed Resolution Nos. 03R-1596 and 03R-1597 by title only. BOOK 53 Page 25040 03/17/03 2:30 P.M. BOOK 53 Page 25041 03/17/03 2:30 P.M. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Items 1 through 5, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yesi Servian, yes. 7. UNFINISHED BUSINESS : ADOPTION RE : PROPOSED RESOLUTION NO. . 03R-1602, APPROPRIATING $100,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE PENNY SALES TAX FUND (TO BE REIMBURSED BY SARASOTA COUNTY) TO PROVIDE FUNDING FOR THE CONSTRUCTION OF A SKATE PARK AT PAYNE PARK; ETC. - ADOPTED, ; AUTHORIZED THE ADMINISTRATION TO EXECUTE A CHANGE ORDER TO THE NORTH WATER TOWER PARK CONTRACT WITH TAMPA CONTRACTING SERVICES, 1 INC., IN THE AMOUNT OF $641,731 FOR THE CONSTRUCTION OF A SKATE PARK AT PAYNE PARK AND TO APPROVE THE TRANSFER OF $143,986 FROM THE PAYNE PARK BUDGET TO COMPLETE THE FUNDING OF THE PROJEÇT (AGENDA ITEM VI-1) CD 3:02 through 3:24 Duane Mountain, Public Works Capital Projects Manager, came before the Commission and stated that on February 12, 2003, competitive bids were received from three firms for the construction of a skate park in Payne Park; that the bids ranged from $641,731 to $840,000; that Tampa Contracting Services, Inc., submitted the lowest bid for the construction of a skate park at $641,731; that the request is to transfer $143,986 from the Payne Park budget to the Skate Park Project, approve proposed Resolution No. 03R-1602 to appropriate $100,000 from the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, to advance the $100,000 which is committed to the City from Sarasota County for the Skate Park Project, and authorize Staff to execute a change order to the North Water Tower Park Contract with Tampa Contracting Services, Inc., in the amount of $641,731 for the construction of a skate park at Payne Park. Vice Mayor Palmer asked if Sarasota County will reimburse the $100,000 upon completion of the Skate Park Project? Mr. Mountain stated yes. Commissioner Quillin asked if restrooms will be constructed at the skate park? Mr. Mountain stated that restrooms will not be constructed at this time; that four port-o-lets will be installed until restrooms can be constructed in Payne Park. Commissioner Quillin asked for clarification of the monitoring of the skate park. Mr. Mountain stated that the City will have a full-time attendant at the skate park. Commissioner Quillin asked if a building will be constructed to house a vender or water fountains? Mr. Mountain stated that a drinking fountain area will be constructed; that no buildings are anticipated at this time; that Payne Park should be designed as a major park; that the amenities of the skate park should not be the driving force for the design of Payne Park; that the intent is to construct and open the skate park first; that additional amenities will be incorporated in the design of Payne Park. Commissioner Martin asked if Tampa Contracting Services, Inc., constructed the North Water Tower Park? BOOK 53 Page 25042 03/17/03 2:30 P.M. BOOK 53 Page 25043 03/17/03 2:30 P.M. Mr. Mountain stated yes; that Tampa Contracting Services, Inc., also constructed the stelgerwaldt-Jockey Fountain, also called the children's fountain, at the Bayfront. Commissioner Martin asked if Tampa Contracting Services, Inc., has a reputation for meeting deadlines and coming in under budget? Mr. Mountain stated yes. Commissioner Quillin stated that $250,000 for a new filtration system at the steigervaldt-Jockey Fountain, also called the children's fountain at the Bayfront is not coming in under budget. Commissioner Martin asked for clarification regarding the time line for the skate park and the planning process for Payne Park? Mr. Mountain stated that construction of the skate park can commence immediately and will be completed by the summer of 2003; that the initial goal was for completion prior to the end of the 2002/03 school year; however, a construction schedule has not been received from the contractor. Commissioner Martin asked the length of time to construct the skate park? Mr. Mountain stated that construction time is approximately 90 to 120 days. Mayor Mason stated that the port-o-lets are a concern; that incorporating restrooms in design of Payne Park is understood; however, assurance is necessary the skate park will not end up like Fredd Atkins Park in which the port-o-lets have become a permanent part of the park. Mr. Mountain stated that port-o-lets have existed for a long time at Centennial Park and Fredd Atkins Park; that Staff has applied for a grant to construct restrooms at both locations; that the attendant at the skate park can monitor the condition of the port-o-lets; that a workshop will be scheduled in April 2003 to discussion the completion of the Payne Park Master Plan by September 2003. Commissioner Quillin stated that the port-o-lets are a concerni that several neighborhood parents are excited about the skate park; however, the lack of restrooms and seating facilities for the parents to watch their children skate is a concerni and asked the budget allocation for a full-time attendant at the skate park? Mr. Mountain stated that funding for an attendant is in the current budget; that different levels of service options were presented during the November 18, 2002, Regular Commission meeting; that Staff has been challenged to develop a volunteer program to attempt to offset some of the cost for a full-time attendant. Commissioner Quillin stated that discussing a full-time attendant during the budget process is not recalled; and asked the cost of a full-time attendant if no one volunteered? Mr. Mountain stated that a full-time attendant at the skate park would be approximately $40,000 for salary and benefits. Commissioner Quillin asked if $40,000 is enough to cover an attendant seven days a week? Mr. Mountain stated yes. Commissioner Quillin asked the hours of operation for the skate park? BOOK 53 Page 25044 03/17/03 2:30 P.M. BOOK 53 Page 25045 03/17/03 2:30 P.M. Mr. Mountain stated that Staff is unaware of the potential usage or the types of maintenance issues which could arise; that the hours of operation will be experimental; that the park will not be open without an attendant; that possible hours of operation may be 2:30 to 8:00 p.m. during the school week with extended hours for weekends and holidays; that Staff can learn from the operations of the skate park in North Port; that the skate park at Payne Park will be unique and may be considered one of the premier skate parks in the State; that the skate park will have reasonable hours of operation on Sunday's sO children can get home and be ready for school the next day. Commissioner Quillin stated that understanding is the skate park is open for all ages. Mr. Mountain stated that is correct; that Staff is unaware of the number of non-school aged children who may desire to utilize the skate park; that additional hours may be necessary; however, the skate park in North Port has little business prior to 2 p.m. Commissioner Quillin asked if the $40,000 for an attendant is based on a 40 hour work week? Mr. Mountain stated yes. Commissioner Servian stated that the skate park should be open later in the evening during the summer months and on weekends; that security is a concern; that the port-o-lets must be in eye- sight of the attendant; that safety and security is important with such a large number of children; that the possibility of the skate park attracting the wrong type of people is a concern. Commissioner Martin stated that skateboarding is spectator sporti and asked if temporary benches could be installed for parents and spectators? Mr. Mountain stated yes. Commissioner Martin asked if the designer of the skate park remains engaged in a review process during the construction of the Skate Park? Mr. Mountain stated that the Team Pain is the main designer and major subcontractor for the skate park; that Team Pain assisted Kimley-Horn and Associates in the design of the skate park and will be involved in the construction process. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1602 in its entirety. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 03R-1602. Commissioner Quillin stated that the manner in which the City is proceeding on the skate park is a concerni that several parents are excited about the construction of the skate park but also concerned about the safety of their children; that shelters will not be available in the event of a sudden down pour of rain; that children will be lining up to use the pot-o-lets; that moving quickly on construction of the skate park is supported; however, arrangements should be made for the safety of children; that a chain-linked fence around the skate park will not provide a significant amount of security; that restroom facilities are necessary; that a vender would be happy to lease space near the skate park to provide refreshments or supplies for the skateboarders; that the City would not build a swimming pool with just a lifeguard; that the City would have to build additional facilities to accommodate the pool; that the City has a responsibility for the health, safety, and welfare of the citizens; that Staff should learn from the skate park in North Port. Mayor Mason stated that the youth of the community have waited long enough for a skate park; that the geographical location of BOOK 53 Page 25046 03/17/03 2:30 P.M. BOOK 53 Page 25047 03/17/03 2:30 P.M. the skate park is complicating the construction; that restrooms could be developed if the City was not preparing to develop the remainder of Payne Park; that the public should know the construction of the skate park is a work in progress. Commissloner Quillin stated that she is not attempting to stop the progress of the skate park; that children will not walk to the existing auditorium at Payne Park to use the restroom facilities. City Manager McNees stated that intent is to construct the highest quality amenity for the skateboarders and develop the ancillary facilities through the design of the Payne Park Master Plan; that options are to wait to develop the skate park and Payne Park together or construct the skating amenity which has been designed with temporary port-o-lets at this time; that Staff is providing full consideration for the safety of the children at the skate park. Commissioner Quillin stated that the Administration should be more proactive regarding the additional amenity of a shelter for the skate park in the event of a sudden storm; that a corporate sponsor should be sought as a possible vender at the skate park; that the lack of a shelter and restrooms are a concern. City Manager McNees stated that shelter facilities, concession stands, and restrooms can be constructed; however, the rest of the design for the Payne Park Master Plan will be driven by the existing amenities. Vice Mayor Palmer stated that several logical points have been raised; that shelter and restrooms will be part of the Payne Park Master Plan; that children are currently skateboarding throughout the City without shelter or restrooms; that constructing the skate park will be a major improvement to the current skateboarding situation. Commissioner Servian asked if the attendant could have access to the existing auditorium at Payne Park during the hours of operation in the event of a sudden storm? City Manager McNees stated that the suggestion can be considered. Mayor Mason called for a vote on the motion to adopt proposed Resolution No. 03R-1602 and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yesi Martin, yes. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to authorize the Administration to execute a change order to the North Water Tower Park Contract with Tampa Contracting Services, Inc., in the amount of $641,731 for the construction of a skate park at Payne Park and to approve the transfer of $143,986 from the Payne Park budget to complete the funding of the project. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 8. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE STAFF AND THE CONSULTANT TO PROCEED WITH PHASE II OF THE 17TH STREET EXTENSION PROJECT APPROVED ; RECEIVED REPORT (AGENDA ITEM VI-2) CD 3:24 through 3:40 Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, and Kurt Jensen, P.E., Baskerville-Donovan, Inc., came before the Commission. Ms. Davis-Shaw stated that Phase I of the 17th Street Extension Project was previously approved by the Commission; that a purchase order was issued to the consultant for Phase I in the amount of $235,258.91; that Phase I of the project is complete BOOK 53 Page 25048 03/17/03 2:30 P.M. BOOK 53 Page 25049 03/17/03 2:30 P.M. and Baskerville-Donovan, Inc., will present a short summary of the results of the kick-off meeting and two design charrettes. Mr. Jensen referred to a short summary of the history of the Phase I of the 17th Street Extension Project displayed on the Chamber monitors and stated that on July 15, 2003, a kick-off meeting was held with the Commission to explain the scope of the project and discuss the plan for public involvement; that on October 22, 2002, a kick-off meeting was held with the general public; that 34 citizens attended and were invited to attend the design charrettes; that the first design charrette was held on November 23, 2003; that the majority of attendees agreed on: - The need for the 17th Street extension; The construction of a four lane roadway east of the Seminole-Gulf Railroad (railroad) to US 301; The construction of a four lane roadway west of the railroad to US 41; and The difference in the roadway characteristic from the portion of 17th Street east of the railroad and the portion of 17th Street west of the railroad. Mr. Jensen continued that a few individuals preferred the possibly of a two lane roadway west of the railroad to US 41; that 25 citizens and 11 City Staff members attended the first design charrette; that on January 25, 2003, the second design charrette was held and attended by 16 people; that the majority of attendees agreed on the need: for a four lane roadway on the western side of the railroad to US 41; for a four lane roadway on the eastern side of the railroad to US 301; to buffer existing homes on the western side of the railroad; to shift the road to the north to mitigate roadway impacts; for a two lane roundabout on Central Avenue; and for a pedestrian and bicyclist facilities for safety. Mr. Jensen further stated that the design charrettes were to obtain input from the general public to assist in a design which would be in the best interest of the people in the area; that the Phase II activities must be initiated as Phase I activities are being concluded; that the first task of the Phase II activities is to conduct a public meeting to discuss alternatives for the 17th Street Extension Project (alternatives public meeting). Ms. Davis-Shaw stated that the alternatives public meeting will be scheduled toward the end of April 2003 depending on the availability of the facility; that an exact date is not confirmed. Mr. Jensen stated that alternatives public meeting will include aerial displays of the proposed project and discussion of impact to properties. Mayor Mason stated that the number people who did not attend the first two charrettes is a concerni that a number of people in her neighborhood have discussed the issue but did not attend the charrettes; and asked the manner in which the neighborhood can be informed of the results from the previous charrettes? Ms. Davis-Shaw stated that a newsletter is sent to area residents every two months to provide updated information concerning the project from the previous two months; that the BOOK 53 Page 25050 03/17/03 2:30 P.M. BOOK 53 Page 25051 03/17/03 2:30 P.M. residential property owners between the railroad and US 41 are concerned; that Staff created a list with addresses and telephone numbers of all affected area residents and attempted to contact each person; that all property owners in the area are on the mailing list and are receiving the newsletter; that Staff asked a series of questions to the individuals who were contacted by telephone; that a copy of the list with the results of the telephone survey can be provided to the Commission if desired. Mayor Mason stated that Staff should inform the Commission of the continuing efforts to attempt to contact the residents; that the residents between US 41 and Cocoanut Avenue on 17th Street are receiving the newsletter and information; however, the residents from Cocoanut Avenue to the railroad on 17th Street may not be as informed. Ms. Davis-Shaw stated that door hangers can be utilized to inform the residents. Mayor Mason stated that Staff should inform the residents on 16th, 17th, and 18th Streets by using every means possible. Commissioner Quillin stated that the property owners support the 17th Street Extension Project; however, holding charrettes and surveying the property owners regarding two or four lanes of roadway without visually showing how close the roadway will be to the property owners front doors is not desired; that similar projects have been completed in other areas in which the amount of land lost was appalling to property owners; that the character of a neighborhood is completely changed; that the recommendation is to visually show the amount of right-of-way necessary for two or four lanes of roadway; that the majority may not desire four lanes; that extending center islands from Orange Avenue to US 301 is suggested. Mr. Jensen stated that the alternatives public meeting is the part of Phase II of the project. Commissioner Quillin stated that the majority of the attendees at the first two charrettes have already indicated a desire for a four lane roadway. Mr. Jensen stated that the alternatives public meeting will be open to a much larger group of individuals with displays of aerial photographs of the impact of two and four lanes of roadway on the adjoining properties. Ms. Davis-Shaw stated that residents will have an opportunity to see their homes and the location of the future right-of-way for two and four lanes of roadway. Commissioner Quillin stated that the project is necessary for transportation and the interconnect system throughout the City; that the desire is to complete the project and not have the project die for lack of support. Mr. Jensen stated that Phase II is to provide aerial views, gather input from the attendees of the alternatives public meeting, and present the results to the Commission regarding the following design alternatives: A. US 41 to Orange Avenue - No build alternative; - Four-lane roadway with frontage road; and Four-lane roadway with no frontage road. B. Orange Avenue to US 301 No build alternative; BOOK 53 Page 25052 03/17/03 2:30 P.M. BOOK 53 Page 25053 03/17/03 2:30 P.M. Four-lane roadway with frontage road at residential section and additional laneage at US 301; and Four-lane roadway with no frontage road. Mayor Mason stated that the options have been presented at the previous charrettes; that several residents do not desire the extension at all; that Staff must be as diligent as possible in informing all affected residents. Commissioner Servian stated that door hangers are preferred. Commissioner Quillin stated that the housing in the area is heavily rental property; that mailers and door hangers are preferred; that the newsletter should encourage the residents to provide written comments regarding the project; that the project was brought forward in the early 1990s and died for lack of support; that the desire is for everyone to support the proposed project. Vice Mayor Palmer stated that the Commissioners may wish to attend the alternatives public meeting; and asked if the date can be coordinated with the Commissioners calendars? Ms. Davis-Shaw stated yes. Commissioner Martin asked if the City will acquire enough right- of-way for four lanes of roadway even if only two lanes will be constructed. Mr. Jensen stated that the City is encouraged to acquire enough right-of-way for four lanes of roadway; however, the decision is at the discretion of the Commission. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to receive the report and to authorize Staff and the Consultant to proceed with Phase II of the 17th Street Extension Project. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. Commissioner Servian requested the Commission be provided the informational newsletter. 9. UNFINISHED BUSINESS: APPROVAL RE: SUBJECT TO THE APPROVAL OF RESOLUTION NO. 03R-1596, AUTHORIZE THE ADMINISTRATION TO NEGOTIATE A CONTRACT AMENDMENT IN AN AMOUNT NOT TO EXCEED $1,749,591 FOR THE CONSTRUCTION PHASE OF THE ENERGY EFFICIENCY SERVICES WITH FLORIDA POWER AND LIGHT; ALSO TO AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SAME - APPROVED (AGENDA ITEM VI-3) CD 3:40 through 3:45 Vice Mayor Palmer left the Chambers at 3:41 p.m. William Hallisey, Director of Public Works, came before the Commission, referred to a March 6, 2003, memorandum to the Commission regarding Florida Power and Light (FPL) Energy Efficiency Services and the Energy Conservation Partnership Report Feasibility Study (Energy Study) included in the Agenda backup material and stated that FPL prepared the Energy Study which recommends modifications to electrical equipment and replacement of electrical equipment with higher efficiency devices; that the cost of the project will be $1,749,591; that the primary benefit to the City is a guaranteed annual energy savings of $235,000 for at least ten years; that energy savings will be generated by using higher efficiency lighting in the various public buildings, the conversion to light emitting diode (LED) traffic lights throughout the City, and replacing air handling and water pumping motors with variable frequency BOOK 53 Page 25054 03/17/03 2:30 P.M. BOOK 53 Page 25055 03/17/03 2:30 P.M. drives; that as a bonus, the project will include a backup generator for City Hall and connecting the Public Works Department to the existing backup generator at the wastewater treatment plant which will enhance the City's capabilities to remain in operation during emergency conditions. Mr. Hallisey continued that the recommendation is to authorize the Administration to negotiate a contract amendment in an amount not to exceed $1,749,591 for the construction phase of the Master Agreement for Demand Side Management and Energy Efficiency Services with FPL and also to authorize the Mayor along with the City Auditor and Clerk to execute same. Vice Mayor Palmer returned to the Chambers at 3:43 p.m. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to authorize the Administration to negotiate a contract amendment in an amount not to exceed $1,749,591 for the construction phase of the Master Agreement for Demand Side Management and Energy Efficiency Services with Florida Power and Light and also to authorize the Mayor along with the City Auditor and Clerk to execute same. Commissioner Quillin asked the time frame to replace the traffic lights? Mr. Hallisey stated that FPL will start within 30 days of the contract. Commissioner Quillin stated that the old streetlights on public streets in the City should be replaced with new energy efficient street lights. Mr. Hallisey stated that the old streetlights are generally high efficiency lighting; that FPL will be contacted to determine if an additional savings is possible. Commissioner Quillin stated that FPL should be contacted regarding enhanced service to the public; that some of the older street lights are efficient in certain areas; that the type of lighting in the neighborhoods and heavily travel streets should be evaluated. Mr. Hallisey stated that the issue will be researched. Mayor Mason called for a voted on the motion to authorize the Administration to negotiate a contract amendment in an amount not to exceed $1,749,591 for the construction phase of the Master Agreement for Demand Side Management and Energy Efficiency Services with Florida Power and Light and also to authorize the Mayor along with the City Auditor and Clerk to execute same. . Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 10. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE STAFF TO SELL THE FOURTEEN CITY-OWNED PROPERTIES THAT HAVE BEEN IDENTIFIED BY THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT (OHCD) AND CODE ENFORCEMENT USING THE PROCESS OUTLINED IN THE PROPERTY ACQUISITION PROGRAM GUIDELINES APPROVED WITH THE DELETION OF THE 2431 WASHINGTON COURT PROPERTY (AGENDA ITEM VI-4) CD 3:45 through 3:59 Donald Hadsell, Director of Housing and Community Development, came before the Commission, referred to the February 20, 2003, memorandum to the Commission regarding the Property Acquisition Pilot Program Report, included in the Agenda backup material, and stated that the Commission requested a status report regarding the BOOK 53 Page 25056 03/17/03 2:30 P.M. BOOK 53 Page 25057 03/17/03 2:30 P.M. Property Acquisition Program; that the City and County Commissions established the Property Acquisition Program in the 2000-2005 Consolidated Plan which allocated $200,000 to establish a revolving account to fund the purchase of land which could be used for the development of affordable housing; that policy guidelines were established to implement the program and create a mechanism for using State Housing Initiatives Partnership (SHIP) funds to acquire and a process for disposing of the properties; that Staff identified nine properties in the City which were being maintained by the Building Department and could be purchased and utilized for affordable housing; that the properties were acquired and offered to non-profit housing developers; that six of the properties were sold to Good Homes of Manasota Inc., which developed and resold the properties to lower income homebuyers; that the non-profit agencies did not bid on three of the properties and the properties are still owned by the City; that the properties will be made available to for-profit builders as provided in the program guidelines; that the three properties which will be sold to for- profit developers are: 1543 25th Street, 2511 North Links Avenue, and 1554 24th Street. Mr. Hadsell continued that the Commission has also requested a report concerning additional properties which could be acquired for affordable housing; that 15 additional properties have been identified and could be acquired for back taxes or code enforcement liens; that the intent is to meet with the non-profit agencies, identify which properties are of interest, and request the City Attorney's Office to start the process of taking title to the properties; that the 15 additional properties are: 1370 15th Street, 1445 18th Street, 3010 Church Street, 3003 North Links Avenue, 2077 28th Street, 1680 23rd Street, 1710 23rd Street, 1757 24th Street, 1657 22nd Street, 1622 25th Street, 3328 Goodrich Avenue, 3316 Goodrich Avenue, 3005 Goodrich Avenue, 2410 North Links Avenue, and 2400 North Links Avenue. Mr. Hadsell further stated that Staff has identified 14 additional properties which are currently owned and maintained by the City and could be developed as affordable housing; that the recommendation is to utilize the process outlined in the Property Acquisition Program Guidelines for the parcels being sold; that the fourteen properties are: 1202 Tarpon Avenue, 1202 Lockwood Ridge Road, 2431 Washington Court, 3403 Osprey Avenue, 1563 23rd Street, 999 East Avenue, 2551 Central Avenue, 1969 Fourth Street, 1865 24th Street, 1563 24th Street, 1577 24th Street, 1174 Myrtle Street, 1280 Myrtle Street, and 2726 Maple Street. Mr. Hadsell stated that all the City Departments will be notified of the 14 properties which will be sold in the event any must be held for some reason; that the City is currently incurring the cost to maintain the properties. Mayor Mason asked if the parcel with a street address of 2431 Washington Court is the second lot south of Fredd Atkins Park? Mr. Hadsell stated that an answer is unknown. Mayor Mason stated that the City at one time attempted to purchase the property immediately to the south of Fredd Atkins Park since the second lot to the south was already City-owned; that Fredd Atkins Park could be enhanced if all three parcels were City- owned; that the parcel with a street address of 2431 Washington Court should be deleted from the list of properties offered for sale if the parcel is the second lot south of Fredd Atkins Park. BOOK 53 Page 25058 03/17/03 2:30 P.M. BOOK 53 Page 25059 03/17/03 2:30 P.M. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the parcel with a street address of 2431 Washington Court is the second lot south of Fredd Atkins Park; that the parcel will be removed from the list of parcels offered for sale. Commissioner Martin asked if homes exist on any of the parcels? Mr. Hadsell stated that the parcels are all vacant properties. Commissioner Martin asked for clarification of the determination of parcel prices. Mr. Hadsell stated that parcel prices are determined by the cost the City incurred to acquire the property; that the cost to maintain the parcels is not included. Commissioner Servian asked if the additional properties which could be acquired for aftordable housing are obtained through purchasing the tax deed of the property? Michael Connolly, Attorney, City Attorney's Office, stated that most of the City-owned parcels were acquired through the purchase of a tax deed; that the average outstanding taxes per parcel were $1,000 or less; that the purchaser does not have marketable title on a tax deed; therefore, title insurance cannot be obtained and a quiet title action must be completed; that the average cost of a quiet title action is $2,800. Commissioner Servian stated that purchasing the tax deed is an inexpensive method to acquire property. Vice Mayor Palmer asked for clarification of the code enforcement liens. Attorney Connolly stated that the properties acquired by the City through the purchase of tax deeds were encumbered by code enforcement liens; that the code enforcement liens merged into the City's ownership interest of the property once the City purchased the tax deeds. Vice Mayor Palmer asked if some properties have only code enforcement liens? Attorney Connelly stated that property could be acquired due to code enforcement liens; however, the City-owned parcels were abandoned; that the previous owners were not paying the taxes nor the code enforcement liens. Commissioner Martin asked the reason the non-profit agencies did not bid on three of the properties with a street address of 1543 25th Street, 2511 North Links Avenue, and 1554 24th Street. Mr. Hadsell referred to a photograph of one of the six houses developed by Good Homes of Manasota Inc., displayed on the Chamber monitors and stated that the non-profit has limited capacity and was of the opinion six of the nine parcels were marketable. Commissioner Martin asked if the price of the three parcels remains the same? Mr. Hadsell stated that the guidelines provide for a sealed bid type process for for-profit agencies; that the City could actually make some moneyi that the use of SHIP dollars to acquire the properties which has a low-income requirement is a concern; that purchasing too much property which might not be utilized for housing with SHIP funds is not desired. Vice Mayor Palmer stated that the house developed by Good Homes of Manasota Inc., is attractive; that the dislike for snout houses BOOK 53 Page 25060 03/17/03 2:30 P.M. BOOK 53 Page 25061 03/17/03 2:30 P.M. has been discussed in the past; and asked if the City has some type of design control regarding development? Mr. Hadsell stated that the developer is required to meet with the neighborhood association to discuss the design of the home prior to construction; that snout houses have garages in the front to avoid the cost of the additional concrete required to the house; that placing the garage toward the back of a house is expensive; that the garage should be equal to the front of the house with a porch element. Vice Mayor Palmer stated that the photograph of the home displayed on the Chamber monitors does not look like a snout house; and requested Staff continue to discourage the development of snout houses. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to authorize Staff to sell the 13 City-owned properties which have been identified by the Office of Housing and Community Development and Code Enforcement using the process outlined in the Property Acquisition Program Guidelines with the deletion of the 2431 Washington Court property. Vice Mayor Palmer asked if Staff is moving forward to obtain additional properties which could be acquired for affordable housing? Mr. Hadsell stated yes. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 11. UNFINISHED BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 03R-1588, APPROVING CITY INITIATED APPLICATION 02-PA-08 REQUESTING AN AMENDMENT TO THE ENVIRONMENTAL PROTECTION CHAPTER OF THE SARASOTA CITY PLAN REVISING ACTION STRATEGY 3.4. SHORELINE PEDESTRIAN ACCESS AND ACTION STRATEGY 3.2, SHORELINES; AMENDING THE RECREATION AND OPEN SPACE PLAN, ACTION STRATEGY 1.7, GULF AND BAY ACCESS IN NON-RESIDENTIAL DEVELOPMENT, ; AND AUTHORIZING TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT ; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-08, APPLICANT CITY OF SARASOTA) ADOPTED (AGENDA ITEM VI-5) CD 3:59 through 4:02 Michael Connolly, Attorney, City Attorney's Office, came before the Commission and stated that Comprehensive Plan Amendment Application No. 02-PA-08 as incorporated in proposed Resolution No. 03R-1588 is to authorize transmittal of City-initiated amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) to the Florida Department of Community Affairs (DCA) for review and comment. Attorney Connolly continued that on March 3, 2003, the Commission continued the discussion regarding proposed Resolution No. 03R-1588 for two weeks to enable the City Attorney's Office to determine if Action Strategy 1.7, Bay and Gulf Access in Non-Residential Development, Recreation and Open Space Chapter of the City's Comprehensive Plan could be further modified to avoid placing the initial burden to acquire public pedestrian access to Sarasota Bay and the Gulf of Mexico on the City while still encouraging the provision of such access; that the US Supreme Court sets forth a test which would be relevant to determine if such a dedication could be required; that the modified language incorporated in proposed Resolution No. 03R- 1588 maintains the requirement for the property owner to provide pedestrian access but also provides the caveat for waiving the requirement at the time of site plan approval; that the process is a fact intensive investigation; that a regulation cannot be applied to all cases; that the proposed language requires the BOOK 53 Page 25062 03/17/03 2:30 P.M. BOOK 53 Page 25063 03/17/03 2:30 P.M. facts be reviewed by Staff and the City Attorney's Office to determine if criteria established by the US Supreme Court are meet; that a wavier of the requirement to provide the access would occur during the site plan processi that voluntary sale of the easement right could accomplish the same result. Vice Mayor Palmer stated that the resolution to the issue is pleasing. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1588 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin it was moved to adopted proposed Resolution No. 03R-1588 as modified by the City Attorney's Office in accordance with the Commission's discussion at the on March 3, 2003, Regular Commission meeting. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. 12. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 4:02 There was no one signed up to speak. The Commission recessed at 4:02 p.m. and reconvened at 6:00 p.m. 13. COMMISSION PRESENTATION RE: : AWARD RECOGNITION TO ALEXANDREA DAVIS-SHAW, P.E., ASSISTANT CITY ENGINEER, THE ENGINEER OF THE YEAR - 2002 BY THE MYAKKA CHAPTER FLORIDA ENGINEERING SOCIETY (AGENDA ITEM VIII-1) CD 6:00 through 6:03 Dennis Daughters, Director of Engineering/City Engineer, Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, and John Foley, P.E., Lombardo, Skipper, and Foley, Inc., Awards Chairman, Myakka Chapter, Florida Engineering Society, join him and the Commission at the Commission table. Mr. Foley stated that Ms. Davis-Shaw has been a Professional Engineer since 1991; that she began her career with the City as an Engineering Intern and was promoted to Deputy Director Engineering/Deputy City Engineer upon receipt of her license in 1991; that Ms. Davis-Shaw has worked in the City's Residential Traffic Calming Program and has assisted in the development of a grassroots program to address traffic concerns in residential neighborhoods; that she has been active with the Florida Engineering Society at both the State and Chapter levels during her employment with the City; that Ms. Davis-Shaw has held several offices as well as chaired the Annual Meeting Steering Committee of the Florida Engineering Society and that she has taught about the benefits of the engineering profession to local children's groups which she found very rewarding; that Ms. Davis-Shaw believes being hired as an intern was instrumental in determining her career path; that she hopes to offer similar experiences to other students; and read the Engineer of the Year = 2002 plaque and presented Ms. Davis-Shaw with the plaque for being selected as Engineer of the Year - 2002. Ms. Davis-Shaw stated that receiving the award from the Myakka Chapter, Florida Engineering Society, is an honor and appreciated; that working with the City has been a wonderful experience; that Mr. Daughters' encouragement to join and actively participate in various community activities is appreciated. The following family members were present in the audience and were recognized: Rose Davis, mother, Forrest, husband, and Akila, daughter. BOOK 53 Page 25064 03/17/03 2:30 P.M. BOOK 53 Page 25065 03/17/03 2:30 P.M. Mr. Daughters stated that several of the employees of the Engineering Department are present in the audience; and requested the employees stand for recognition of all their efforts. Mayor Mason stated that the work and efforts of Ms. Davis-Shaw are appreciated. 14. COMMISSION PRESENTATION RE : PROCLAMATION ON SEXUAL ASSAULT AWARENESS MONTH FOR SAFE PLACE & RAPE CRISIS CENTER OF SARASOTA (SPARCC) PRESENTED TO SPARCC EXECUTIVE DIRECTOR, STEPHANIE WOODS (AGENDA ITEM VIII-2) CD 6:03 through 6:07 Mayor Mason requested that Stephanie Woods, Executive Director, Safe Place and Rape Crisis Center of Sarasota (SPARCC), join her and the Commission before the Commission table. Mayor Mason stated over 12 million women have been raped; that sexual assault occurs every 90 seconds in this countryi that SPARCC provides free service to victims of rape and sexual assault in Sarasota and DeSoto Counties and seeks to prevent sexual violence through public awareness and education; that SPARCC, with the Florida Council Against Sexual Violence and the Florida Department of Health, is sponsoring "Crimes Against Nature,' a performance piece and panel discussion on April 2, 2003, at the Players Theatre to help increase public awareness and promote the decision to end sexual violence. Mayor Mason read in its entirety the City of Sarasota Proclamation declaring March 2003 as "Sexual Assault Awareness Month, a month of special importance and worthy of the recognition of the citizens of the City of Sarasota. Ms. Woods stated that proclaiming March 2003 as "Sexual Assault Awareness Month" is appreciated; and presented complimentary tickets to the Commission to attend the "Crimes Against Nature" event. Ms. Woods continued that the "Crimes Against Nature" event may sound sober and depressing; however, the event is a surprisingly fabulous, Broadway level, 1-hour comedy; that the event is free and available to the public; and thanked the community for the continuing support. 15. COMMISSION PRESENTATION RE : PROCLAMATION RE: : PROCLAIMING MARCH 18, 2003, AS TAMPA BAY BUCCANEERS DAY IN THE CITY OF SARASOTA AND CELEBRATE WITH EVERYONE IN SOUTHWEST FLORIDA THE EXTRAORDINARY ACHIEVEMENT OF THE PLAYERS, THE COACHES 1 AND THE OWNERS IN BRINGING THE TITLE OF SUPER BOWL CHAMPIONS TO THE GREATER COMMUNITY (AGENDA ITEM VIII-3) CD 6:07 through 6:10 Mayor Mason stated that on January 26, 2003, the Tampa Bay Buccaneers won Super Bowl XXXVII with a resounding victory over the Oakland Raiders; that Tampa Bay was awarded the National Football League's 27th franchise on April 24, 1974, and Hugh Culverhouse, developer of the Palmer Ranch area in Sarasota, was awarded ownership; that on January 16, 1995, Malcolm Glazer stepped to the podium after the announcement of his purchase of the Buccaneers and promised the crowd a winner; that many believed the promise unrealistic; however, the promise was realized after only seven seasons. Mayor Mason continued that on September 20, 1998, the new Raymond James Stadium which quickly became known as The Crown Jewel of the National Football League officially opened with the Buccaneers defeating the arch-rival Chicago Bears in a dramatic victory; that on February 20, 2002, Jon Gruden was introduced as the new head BOOK 53 Page 25066 03/17/03 2:30 P.M. BOOK 53 Page 25067 03/17/03 2:30 P.M. coach and took the team to a Super Bowl victory after his first season, becoming the youngest head coach to win a Super Bowl. Mayor Mason read the City of Sarasota Proclamation in its entirety which declared March 18, 2003 as "Tampa Bay Buccaneers Day," a day for celebrating with everyone in Southwest Florida, the extraordinary achievement of the players, the coaches, and the owners in bringing the title of Super Bowl Champions to the greater community. 16. COMMISSION PRESENTATION RE: REPORT REGARDING SARASOTA OPENLY ADDRESSES RACISM (S.O.A.R.) SYMPOSIUM SCHEDULED FOR APRIL 12, 2003 (AGENDA ITEM VIII-4) CD 6:10 through 6:12 Mayor Mason requested that Mary Ann Andrews, Executive Director, Drug Free Communities, and Henry Blyden, join her and the Commission at the Commission table. Ms. Andrews stated that the third annual Sarasota Openly Addresses Racism (S.0.A.R.) symposium is schedule from 9:00 a.m. to 3:00 p.m. on April 12, 2003, at Booker High School; that the dialog of the symposium will be expanded to include a wider conversation regarding diversity and discrimination as well as a review of discrimination based on age, disability, gender, marital status, national origin, race, religion, sexual orientation, and veterans' status in the areas of housing, employment and public accommodation from the amendment to the City of Sarasota Charter (1996) (City Charter); that the symposium is free and opened to the public; that breakfast and lunch will be served; that the Commission and the public are encouraged to attend. Mr. Blyden distributed a packet of information regarding the symposium and stated that additional flyers for the event are available at the entrance to the Chambers. 17. SCHEDULED PRESENTATION RE : REQUEST FOR AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA SEASON OF SCULPTURE, INC. TO ALLOW AN EXTENSION OF THE EXHIBITION FOR AN ADDITIONAL YEAR AND TO ALLOW FOR THE EXHIBITION TO BE AN ANNUAL EVENT, WITH NEW ART DISPLAYED EACH YEAR REFERRED TO THE PUBLIC ART COMMITTEE AND THE ADMINISTRATION FOR REVIEW AND RECOMMENDATIONS (AGENDA ITEM IX-1) CD 6:12 through 6:21 Mayor Mason stated that a request is being presented for an amendment to the Lease Agreement between the City and Sarasota Season of Sculpture, Inc. Jeff Russell, Chair of the Board of Directors, Jill Kaplan, Executive Director, Sarasota Season of Sculpture, Inc., Joel Freedman, AICP, Freedman Consulting Group, Inc., and Charles Kuykendall, Barger & Dean Architects, Inc., came before the Commission. Mr. Russell stated that national award winning sculptor, Bruce White, is present in the audience; that Mr. White achieved his doctorate from Columbia University; that he was the first sculptor to sell a piece of work from the 2002/03 Sarasota Season of Sculpture exhibition; that Mr. White co-produced the Pier Walk Show in Chicago, Illinois, and is the co-founder of the Sarasota Season of Sculpture, Inc. Ms. Kaplan distributed a packet of information regarding the Sarasota Season of Sculpture exhibition to the Commission and stated that Sarasota visitors and citizens on an evening drive along the Bayiront are greeted by some of the Country's finest BOOK 53 Page 25068 03/17/03 2:30 P.M. BOOK 53 Page 25069 03/17/03 2:30 P.M. public sculptures dramatically displayed against the back drop of the sky; that the Sarasota Season of Sculpture exhibition is open for viewing 24 hours per day, seven days a week; that over 300 volunteers including several corporate, foundation, educational, city, county, state, and federal officials have assisted in keeping the Sarasota Season of Sculpture exhibition one of the nation's stellar cultural events; that the most unique component of the Sarasota Season of Sculpture exhibition is the level of educational outreach provided to the community; that the Sarasota Season of Sculpture exhibition is one of the most extensive broad-based educational programs of any public art show in the nation and is the reason for support from the National Endowment for the Arts; that educational highlights include: A 23-foot kiosk featuring free information for all visitor to the Bayfront; A free docent program available to the pubic and utilized by world-class hotels as the Ritz Carlton, the Hyatt Sarasota, and the Colony Beach and Tennis Resort; An outreach to all the schools, with continuing programs at Booker Middle School and North Port High School; A similar outreach to colleges; and The International Sculpture Symposium. Ms. Kaplan continued that the International Sculpture Symposium: "Public Art through the Ages," was held on December 6, 7, and 8, 2003; that the symposium was presented by the Sarasota Season of Sculpture, Inc., in partnership with the John and Mable Ringling Museum and the Ringling School of Art and Design; that public art enriches society by expressing a community's joys and values in a powerful visual form; that the forms are sometimes witty, perplexing and provoking but always free and available to all; that the citizens of the community continue to honor the Sarasota Season of Sculpture exhibition with their support. Ms. Kaplan referred to works of art from the Sarasota Season of Sculpture exhibition displayed on the Chamber monitors and stated that the Sarasota Season of Sculpture exhibition is held bi- annually; that the request is to allow an extension of the exhibition for an additional year and to allow for the exhibition to become an annual event with new art displayed each year; that the extension will provide the opportunity to sell some of the works of art from which the City receives 10 percent of the sale; that the sculpture by Mr. White was recently sold to a member of the public; that the City received $10,000 from the sale; that several other individuals are interested in purchasing six of the sculptures on display; that another individual is interested in purchasing Albert Paley's sculpture entitled "Interlace" valued at $320,000; that one sculpture on display in the Sarasota Season of Sculpture exhibition is John David Mooney's sculpture entitled "Spiral Galaxy,' which was displayed at the Vatican in Rome, Italy; that the works of art on display at the Bayfront are incredible. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to refer the request to extend the Sarasota Season of Sculpture exhibition for an additional year and to allow for the exhibition to become an annual event, with new art displayed each year to the Public Art Committee for consideration and recommendation. Commissioner Quillin that the motion is supported; however, the Administration should also review the request and make a recommendation. BOOK 53 Page 25070 03/17/03 2:30 P.M. BOOK 53 Page 25071 03/17/03 2:30 P.M. Commissioner Martin stated that the understanding is the request has been previously presented to the Public Art Committee; that referring the request to Administration is supported. Vice Mayor Palmer, as the maker of the motion with the approval of Commissioner Servian, as the seconder, amended the motion to refer the request to extend the Sarasota Season of Sculpture exhibition for an additional year and to allow for the exhibition to become an annual event, with new art displayed each year to the Public Art Committee and the Administration for consideration and recommendation. Mayor Mason called for a vote on the motion as amended. Motion carried unanimously (5 to 0): Martin, yesi; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 18. SCHEDULED PRESENTATION RE: : SARASOTA COUNTY OPENLY PLANS FOR EXCELLENCE (SCOPE) 2002-2003 COMMUNITY REPORT CARD RECEIVED REPORT (AGENDA ITEM IX-2) CD 6:21 through 6:32 Timothy Dutton, Executive Director, and Jake Thomas, Director of Community Information, Sarasota County Openly Plans for Excellence (SCOPE), came before the Commission. Mr. Dutton stated that the Community Report Card with indicators concerning the community will be presented; that the Community Report Card is one of three major SCOPE projects annually; that Traffic Flow and Congestion, and Affordable Housing are the remaining two; that 101 indicators are in the Community Report Card; that the Community Report Card elicits action and questions from the public regarding community issues. Mr. Dutton referred to graphs representing the results of key indicators from the Community Report Card displayed on the Chamber monitors and stated that County-level indicators are presented; that neigmborhood-Dased indicators are being developed for future review; that eight key topic areas were reviewed: 1) Civic Participation, 2) Culture and Recreation, 3) Economy, 4) Health, 5) Learning 6) Natural Environment, 7) Social Environment and 8) Transportation and Mobility. Mr. Dutton stated that an indicator for Civic Participation is the percentage of voting age population registered; that Sarasota is above the State and National average for the percentage of voting age population registered; that an indicator for Culture and Recreation is County Park attendance per capita for the past five years; that park attendance is calculated by counting cars in parking lots and park sign-in sheets; that a decrease in attendance at beaches occurred in 2001 due to cold weather and shark scares; that library usage in Sarasota is high; that library operating income per capita is competitive in the State; that a review of the indicators for the Economy indicates differences between per capita income for people with unearned income compared to jobs with salaries; that new construction in the community has experienced a 60 percent growth over the past five years; that jobs increased in the service sector and decreased in the government sector from 1995 through 2000.; that race and income levels affect the indicators of Health; that the Hispanic population across the Country has low birth-weight babies due to lifestyle and diet; that the low birth-weight rates worsen the longer an immigrant remains in the Country; that Florida has one of the highest number of HIV cases per 100,000 people in the Nation; that the County compares favorably to the State in the number of HIV cases per 100,000 people; that the number of newly reported HIV cases has increased during 1999 and 2000 and should be carefully monitored; that the number of HIV cases also has a disproportionate impact on the African-American community; that adult learning opportunity data was difficult to obtain; that data concerning the number of general equivalency diplomas (GED) awarded is unavailable. BOOK 53 Page 25072 03/17/03 2:30 P.M. BOOK 53 Page 25073 03/17/03 2:30 P.M. Commissioner Quillin stated that GEDS are issued through the Adult Education Program, which should be able to provide the information. Mr. Dutton stated that the Adult Education Program cannot provide the number of GEDS granted each year; that the data is not available at the local level; and continued that in 1999 a different formula was used at the local level to calculate school absenteeism, which is the reason for the significant change in the absenteeism rate for 1999-2000; that in 2000-01, 15.7 percent of local children were absent a month or more during the school year; that the minimum number of days reported absent is 21; that Law Enforcement was unaware of the number of truancies in the Sarasota area; that the high school dropout rate is good compared to the State; that African-American and Hispanic dropout rates decreased but are nevertheless two to three times higher than the dropout rate for whites; that due to slow change in the indicators for Natural Environment, data is difficult to calculate over a five-year period; that an indicator of the Natural Environment is the number of manatees which has increased over the past six years. Mr. Dutton continued that the indicators for Social Environment indicates a significant amount of alcohol is purchased in Sarasota; that Sarasota has a high alcohol sales per capita which is increasing faster than the State; that the number of youth alcohol offenses per 1,000 is also much higher and increasing faster than the State; that weekday ridership on the Sarasota County Area Transit (SCAT) is stable; that a decline occurred from 1997 to 1998 due to the increase in fare from $.25 to $.50; that gasoline consumption per gallon increased and exceeded the State and National averages in 2000; that the Commission is encouraged to read the Community Report Card. Mayor Mason stated that the presentation was interesting and educational and thanked Mr. Dutton for the presentation. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 19. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 03R-1593, APPROVING APPLICATION NO. 03-PA-01 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A 0.49t ACRE PARCEL OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF 10PH STREET AND COCOANUT AVENUE FROM THE COMMUNITY/INSTITUTIONAL FUTURE LAND USE CLASSIFICATION TO THE COMMUNITY COMMERCIAL CLASSIFICATION AND AUTHORIZING TRANSMITTAL OF THE PROPOSED COMPREHENS: IVE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT, ; ETC. (TITLE ONLY) (APPLICATION NO. 03-PA-01, APPLICANT JOEL J. FREEDMAN AS AGENT REPRESENTING AMC PROPERTIES, L.L.P. AND THE CECIL R. WHIPPLE TRUST) = ADOPTED (AGENDA ITEM X-A-1) CD 6:32 through 6:49 BOOK 53 Page 25074 03/17/03 2:30 P.M. BOOK 53 Page 25075 03/17/03 2:30 P.M. Mayor Mason opened the public hearing and requested that Staff come forward for the presentation. Mayor Mason stated that Plan Amendment Application No. 03-PA-01 as incorporated in proposed Resolution No. 03R-1593 pertains to an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan). David Smith, AICP, Senior Planner II, Planning Department, came before the Commission and stated that five comprehensive plan amendments are on the Agenda at the meeting; that four of the amendments on the Agenda are large scale amendments; that the Florida Statutes require large scale amendments be transmitted to the Florida Department of Community Affairs (DCA) prior to holding public hearings for adoption of the amendment; that Application No. 02-PA-03 relating to the China Healing Center is a small scale amendment and the hearing will be an adoption public hearing. Mr. Smith referred to computer-generated slides of the proposed project displayed on the Chamber monitors throughout the presentation and stated that Plan Amendment Application No. 03- PA-01 as incorporated in proposed Resolution No. 03R-1593 is a privately-initiated proposal to amend the Future Land Use Classification for a .49+ acre site located at the northwest intersection of Cocoanut Avenue and Tenth Street; that the amendment was submitted by AMC Properties L.L.C. and the Cecil R. Whipple Trust; that the current future land use classification is the Community Office/Institutional Future Land Use Classification; that the Applicant is seeking a change to the Community Commercial Future Land Use Classification to relocate the Broadway Bar and Restaurant to the location; that the proposal represents a "regular" or "large scale" amendment to the City's Comprehensive Plan since the change to the Community Commercial Future Land Use Classification allows residential densities greater than 10 dwelling units per acre; therefore, the proposed amendment to the City's Comprehensive Plan will require review by the (DCA); that the Community Commercial Future Land Use Classification allows office and commercial retail type uses; that the proposed use is for redevelopment of a restaurant, the Broadway Bar and Restaurant, in connection with the larger mixed-use project planned for nearly the entire block bounded by Tenth Street on the south, Eleventh Street on the north, US 41 on the west, and Cocoanut Avenue on the east; that most of the site is owned by AMC Properties L.L.C., except for the Speedway Gas Station and the Cocoanut Avenue Apartments to the north of the site; that the mixed-use project will contain an urban grocery store, residential units, office and commercial uses. Mr. Smith continued that the Applicant plans to relocate the existing Broadway Bar and Restaurant from its current site on US 41 to the northwest corner of Tenth Street and Cocoanut Avenue; that the site is presently in the Residential Multiple Family 3 (RMF-3) Zone District; that a rezoning application will be necessary to develop a commercial use on the site; that at its January 22, 2003, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to approve transmittal of Plan Amendment Application No. 03-PA-01 to the DCA for review and comment; that Staff recommends adopting proposed Resolution No. 03R-1593 authorizing transmittal of Plan Amendment Application No. 03-PA-01 to the DCA for review and comment. Joel Freedman, AICP, Freedman Consulting Group, Inc., Agent, representing AMC Properties, L.L.P., the Cecil R. Whipple Trust, and Carolyn Haussmann, owner of the Broadway Bar and Restaurant, came before the Commission and stated that the purpose of the amendment is to present a mixed-use project which includes a grocery store; that Publix Supermarkets, Inc. has signed the lease for the grocery store; that the developer is prepared to commence as soon as possible; that the project is complicated as a result of the diverse mixed-use classifications. BOOK 53 Page 25076 03/17/03 2:30 P.M. BOOK 53 Page 25077 03/17/03 2:30 P.M. Mr. Freedman referred to an aerial photograph of the site and indicated that the grocery store will be located in the center of the complex; that the original plan was to maintain the Broadway Bar and Restaurant at its present location on US 41; that relocation of the Broadway Bar and Restaurant became apparent as the design of the project unfolded; that the current future land use classification is the Community Office/Institutional Future Land Use Classification; that the Applicant is seeking a change to the Community Commercial Future Land Use Classification to relocate the Broadway Bar and Restaurant; that the Community Commercial Future Land Use Classification allows office and commercial retail type uses; that the proposed use is for redevelopment of the restaurant in connection with the larger mixed-use project planned for nearly the entire block bounded by Tenth Street on the south, Eleventh Street on the north, US 41 on the west, and Cocoanut Avenue on the east; that the Broadway Bar and Restaurant will be located on the back corner of the lot. Mr. Freedman continued that the design includes pedestrian connections throughout the site; that the project will create a trendy atmosphere; that the enhanced Cocoanut Avenue will be the gateway into the Downtown area; that the Broadway Bar and Restaurant will service the newly developed area residents; that the project is in an area slated for further development from a land use perspective; that the project will have a positive impact on the City; that the project is designed enhance the Rosemary neighborhood. Mr. Freedman displayed a rendering of the new Broadway Bar and Restaurant along with a rendering of the Tenth Street frontage of the project; that the attractive trontage will encompass tiles recovered from the Italian ocean liner, Andrea Doria, which collided with the Swedish ocean liner, The Stockholm, and sunk off the coast of Nantucket Island, Massachusetts, on July 25, 1956; that retail businesses are anticipated, along with outdoor dining establishments; that appreciation to the Staff is extended. Commissioner Servian asked if the project is currently located in a Federal Emergency Management Agency (FEMA) Flood Zone. Mr. Freedman stated that the project is not located in a FEMA Flood Zone, which is at an elevation of 13 feet, but is in a Velocity (V) Zone; that the original plan was to develop along US 41; however, the area is in a V Zone and therefore cannot be constructed as originally planned. Commissioner Servian stated that, therefore, elevation of the site is not required. Mr. Freedman stated that is correct. Commissioner Martin stated that a neighborhood meeting did take place; and asked if neighborhood concerns were discussed at the meeting? Mr. Freedman stated that the prospect of a grocery store in the area - has the neighborhood residents estatic; that the owner of La Cocoanut Apartments is very excited and has requested an entrance to the grocery store from the apartment complex; that the area behind the apartment complex will be landscaped; that the neighborhood residents are enthusiastic and positive regarding the revitalization of the neighborhood; that negative comments on the project have not been received to date. Vice Mayor Palmer stated that the backup material includes findings of a traffic analysis as follows: The proposed project meets City of Sarasota transportation concurrency requirements; BOOK 53 Page 25078 03/17/03 2:30 P.M. BOOK 53 Page 25079 03/17/03 2:30 P.M. The applicant should construct a mortmbound-casthound right turn declaration lane of 215 feet (or shorter, depending on the results of a speed study) plus a 50- foot taper at the proposed site access driveway on US 41; The existing median opening on US 41 about 365 feet north of Tenth Street should be closed in conjunction with construction of the proposed dual southbound left turn lanes at the US41/Tenth Street intersection. The dual left turn lanes should be constructed to a length of 265 feet plus a 100 foot taper; The existing median opening on Tenth Street about 360 feet east of US 41 should be closed; and A "No Left Turn 4:00 p.m. to 6:00 p.m." sign at the westbound approach or a physical barrier in the median of US 41 should be installed at the US 41/11th Street intersection. Vice Mayor Palmer continued that the applicant is responsible for constructing a northbound-eastbound right turn deceleration lane of 215 feet (or shorter, depending on the results of a speed study) plus a 50-foot taper at the proposed site access driveway on US 41; that Mr. Smith can provide assistance to ascertain the area of responsibility for the remaining findings. Mr. Freedman stated that another traffic analysis is planned. Mr. Smith stated that Engineering Staff advises the developer will be responsible for the construction of a northbound-to- eastbound right turn deceleration lane; that the existing median opening on US 41 about 365 feet north of Tenth Street is a Congestion Management System project which is funded through the Sarasota/Manatee Metropolitan Planning Organization (MPO) process; that Florida Department of Transportation (FDOT) and the City are responsible for the existing median opening referred to in the third finding of the analysis; that the area on US 41 is located within the FDOT right-of-way; that the developer is responsible for the closure of the existing median opening on Tenth Street about 360 feet east of US 41; that the area is within the City right of wayi that a "No Left Turn 4:00 p.m. to 6:00 p.m." sign at the westbound approach is not allowable under FDOT regulations. Vice Mayor Palmer stated that clarification of the findings of the analysis is necessary. Mr. Freedman stated that the US 41 project has been planned for a considerable amount of time; that FDOT and the City are in the process of establishing a time schedule for completion of the project; that the FDOT timeline indicates the project may be completed next summer which coincides with the commencement of the project on Tenth Street and Cocoanut Avenue. Vice Mayor Palmer asked the timeline of the project on Tenth Street and Cocoanut Avenue? Mr. Freedman stated that commencement of the project could be at the end of the year 2003; that an opening in the year 2004 can be anticipated. Mr. Smith stated that the neighborhood meeting minutes were excluded from the backup material and were distributed at the present meeting. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1593 by title only. BOOK 53 Page 25080 03/17/03 2:30 P.M. BOOK 53 Page 25081 03/17/03 2:30 P.M. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 03R-1593 authorizing transmittal of Plan Amendment Application No. 03-PA- 01 to the Florida Department of Community Affairs. Vice Mayor Palmer stated that the project is a tremendously exciting project; that the concept is perfect to achieve the ambience anticipated by the City. Commissioner Quillin stated that she previously lived in the neighborhood; that the progress of the neighborhood is pleasing; that the Rosemary District is revitalizing; that the Broadway Bar and Restaurant has been an establishment for many years in the City. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes; Martin, yes; Mason, yes; Palmer, yes. 20. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 03R-1590, APPROVING APPLICATION NO. 02-PA-11 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN TO REVISE THE CENTRAL CITY FUTURE LAND USE CLASSIFICATION BY CREATING THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT AND BY ALLOWING 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; ; AND AUTHORIZING TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-11, APPLICANT SARASOTA MAIN STREET, LLC) = ADOPTED WITH CHANGES TO INCLUDE ADDITIONAL LANGUAGE REGARDING HOUSING AND INCLUSION OF ADDITIONAL PROPERTIES WITHIN THE BOUNDARY (AGENDA ITEM X-A-2) AND 21. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED NO. 03R-1591, APPROVING APPLICATION NO. 02-PA-12 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN TO REVISE THE DOWNTOWN URBAN MIXED USE FUTURE LAND USE CLASSIFICATION BY CREATING THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT AND BY ALLOWING 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 UNITY DENSITY OF 50 UNITS PER ACRE FOR THE ENTIRE OVERLAY DISTRICT; AND AUTHORIZING TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-12, APPLICANT SARASOTA MAIN STREET LLC) ADOPTED WITH CHANGES TO INCLUDE ADDITIONAL LANGUAGE REGARDING HOUSING AND INCLUSION OF ADDITIONAL PROPERTIES WITHIN THE BOUNDARY (AGENDA ITEM X-A-3) CD 6:50 through 7:45 Mayor Mason opened the public hearing and requested that Staff come forward. David Smith, AICP, Senior Planner II, Planning Department, came before the Commission and stated that the Applicant has submitted two separate text amendment applications for the same subject parcel with the same maps and Agenda backup material; that proposed Resolution No. 03R-1590 and proposed Resolution No. 03R-1591 will be combined; that proposed Resolution No. 03R- 1590 is a request to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), to revise the Central City Future Land Use Classification by creating the Downtown Residential Overlay District; that the Applicant is Sarasota Main Street, L.L.C.; BOOK 53 Page 25082 03/17/03 2:30 P.M. BOOK 53 Page 25083 03/17/03 2:30 P.M. that proposed Resolution No. 03R-1591 is to amend the text of the Future Land Use Chapter of the City's Comprehensive Plan regarding the Downtown Urban Mixed Use Future Land Use Classification; that the central area of Downtown is within the Central City Future Land Use Classification; however, an amendment to the City's Comprehensive Plan in 2001 regarding the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020), would have amended the classification for the Downtown area to the Downtown Urban Mixed Future Land Use Classification; that the Central City Future Land Use Classification remained in effect during the 2001 challenge to the amendment to the City's Comprehensive Plan, which has since been resolved; that the Downtown Urban Mixed Use Future Land Use Classification will become effective after the review and notice period by the Florida Department of Community Affairs (DCA); that the Applicant will withdraw one of the proposed plan amendment applications based on the effective date of the Urban Mixed Use Future Land Use Classification. Mr. Smith referred to computer-generated slides of the proposed project displayed on the Chamber monitors throughout the presentation and continued that the proposed project consists of a +46.04 acre area bounded by Fruitville Road to the north, Orange Avenue to the east, Ringling Boulevard to the southeast, Palm Avenue to the southwest, and Cocoanut Avenue to the west; that the Applicant is seeking to allow for the potential increase of residential development from a maximum density of 50 dwelling units per acre to 200 dwelling units per acre within a specific area of Downtown. Mr. Smith further stated that the average density of the Downtown residential dwelling district which totals 46 acres shall not exceed 50 units for the area as a whole even though a particular parcel could have a density as high as 200 units per acre; that more uses and residential development in the Downtown area are encouraged in the Downtown Master Plan 2020; that the proposed area is approximately 97 percent non-residential uses with only 3 percent residential uses; that increasing residential uses to approximately 25 percent of the total uses in the Downtown core is a goal of the Downtown Master Plan 2020; that the proposed amendment to the City's Comprehensive Plan would be an incentive to create additional residential developments; that only nine units currently exist in the proposed area; that while 2,300 residential units could be theoretically built in the area under the current regulations, only nine units currently exist. Mr. Smith stated further that the proposed Downtown Residential Overlay District is within the Downtown General Zone District; that most of the Downtown Bayfront has been excluded since 75 percent of the area is comprised of residential use consisting of higher density condominiums and is the reason Palm Avenue was chosen as the southwestern boundary of the area; that the application includes approximately 4 acres of the Downtown Bayfront area; that the Applicant has an interest in the property at the corner of Main Street and Palm Avenue. Mr. Smith further stated that at its January 22, 2003, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to approve transmittal of Plan Amendment Application No. 02-PA-11 to the DCA for review and comment; that Staff recommends adopting proposed Resolution No. 03R-1590 authorizing transmittal of Plan Amendment Application No. 02-PA-11 to the DCA for review and comment. Vice Mayor Palmer stated that prior requests have been received to include properties fronting on Main Street extending from Palm Avenue to Gulf Stream Avenue in the boundary for the proposed Downtown Residential Overlay Districti and asked if the request for additional frontage could be added to the Application? Attorney Fournier stated yes. BOOK 53 Page 25084 03/17/03 2:30 P.M. BOOK 53 Page 25085 03/17/03 2:30 P.M. Commissioner Servian referred to the Proposed Downtown Residential Overlay District Map displayed on the Chamber monitors and included in the Agenda backup material and stated that several requests for inclusion in the boundary for the proposed Downtown Residential Overlay District have been received from owners of property fronting Main Street extending from Palm Avenue to Gulf Stream Avenue; that the properties are currently in the Downtown Bayfront Zone District; that the property owners have repeatedly requested to have the properties included in the boundary; however, nothing has happened; that the property owners have been informed to wait until an amendment to the City's Comprehensive Plan is brought forward. Mr. Smith stated that discussions have been held with a number of individual property owners in the area; that property owners have been informed requests for being included in the boundary should be made during the public hearing process. Commissioner Martin asked the logic behind the creation of the boundaries for the proposed Downtown Residential Overlay District? Mr. Smith stated that Planning Staff had various discussions concerning the size of the proposed project; that a question was if the proposed project should begin as a pilot program, include the entire Downtown, or include only two or three areas; that Planning Staff believed the proposed project should not be limited to only one or two properties as an incentive; that the desire was not to have the proposed project too large but rather to use the proposed project as a test to ascertain the outcome of incorporating a policy of this type into the City's Comprehensive Plan; that the desire was for an area which was not too large but not too small; that the boundaries are indicated on the proposed Downtown Residential Overlay District Mapi that the desire was to target an area which does not have much residential; that a significant residential component already exists in the Downtown Bayfront Zone District; that the proposed Downtown Residential Overlay District only has nine dwelling units which could potentially become 2,300. Commissioner Quillin stated that the logic behind the decision makes sense; that using the area as a test will provide an indication of interest in residential units; that extending the Proposed Downtown Residential Overlay District boundaries into areas already having significant dwelling units at this time is a concern; that individual property Owners in the Downtown Bayiront Zone District desiring to become part of the Proposed Downtown Residential Overlay District should request being added by bringing forth an amendment; and asked if amendments requested by individual property owners would be considered small scale? Mr. Smith stated that the amendments would be considered a large scale amendment if the boundary is adopted as is currently proposed and an amendment is brought forth for a piece of property existing just outside of the boundary, as the land use of the property would be changed but the boundary would be changed as well; that the DCA certification has not yet been received sO an amendment submitted by an individual property owner at this time would be considered a large scale amendment; that the amendment process for extending the boundary would be considered small scale if DCA certification is received and largé scale if DCA certification is not received. Commissioner Quillin stated that the boundary should be considered a test over the next couple of years; that the possibility of expanding the boundary into areas which do not contain dwelling units can be addressed in the future to obtain mixed use combinations which the City desires and which is proposed in the Downtown Master Plan 2020. BOOK 53 Page 25086 03/17/03 2:30 P.M. BOOK 53 Page 25087 03/17/03 2:30 P.M. Commissioner Servian stated that the area for which the extension of the boundary is being requested consists only of approximately five or six properties on both sides of Main Street extending to Gulf Stream Avenue; that the request is not for extending the boundary through the entire Bayfront area since the area is already comprised of residential properties; that no residential units exist on Main Street other than the Orange Blossom building; that the Orange Blossom building consists of one unit per floor which totals approximately eight or nine units. Mr. Smith stated that approximately 3 acres would be added if the boundary was expanded providing for an additional 150 dwelling units which could be built in the area; that the existing eight or nine units in the Orange Blossom building would be subtracted leaving an additional 140 dwelling units being added to the map. Vice Mayor Palmer stated that the area being requested for inclusion in the boundary is the frontage on Main Street on both sides between Palm and Gulf Stream Avenue. Commissioner Martin referred to an October 17, 2002, letter to Planning Staff from the President of Horizon Mortgage Corporation, who owns a parcel one half block from the property which is the subject of Plan Amendment Application Nos. 02-PA-11 and 02-PA-12 on the east end of Orange Avenue and is requesting consideration for being included in the boundary; and stated that a question to consider is how far the boundary could potentially be extended; that the proposed project is exciting particularly since the project includes affordable prices not currently being offered in the area; that the density included in the project will achieve the demographic mix which is desired for the vitality of the Downtown; and asked the criteria concerning density for granting projects? Mr. Smith stated that brief discussions have been held regarding the proposed projects; that an open market such as first come first serve could exist or criteria could be established requiring certain percentages of moderately priced or low income housing; that the establishment of criteria is open at this time; that establishing criteria is important; that a decision for criteria should be made prior to writing the implementing Land Development Regulations; that criteria can be established administratively or can be addressed through the public hearing process. Commissioner Martin stated that more residential housing in the Downtown is desired; however, the price ranges should be different; and asked if criteria should be included in the proposed Resolution? Attorney Fournier stated that the concept is to have more design intensive criteria for site plan approval at the time the Downtown Code becomes effective; that the developer will not be required to go to the PBLP or the Commission for a public hearing as part of the approval process if meeting the established criteria; that a reason may exist for projects permitted under the increased density action strategy to require a public hearing which can be addressed at the present time if the Commission desires; that additionally, a further level of review beyond the administrative level can be indicated. Attorney Fournier continued that criteria should be identified if the desire is to establish criteria; that criteria can be developed subsequently in the Land Development Regulations and can be referenced in the Ordinance which adopts the amendment to the City's Comprehensive Plan; that the criteria should clearly define the goal which is to increase the number of moderately priced housing units in the core area of the Downtown; that BOOK 53 Page 25088 03/17/03 2:30 P.M. BOOK 53 Page 25089 03/17/03 2:30 P.M. criteria should be rationally related to the achievement of the goal; that development of criteria should come later. Commissioner Martin stated that the City Attorney's Office should assist with development of language for criteria if the Commission chooses to address the issue at the present time. Attorney Fournier stated that appropriate language can be developed. Vice Mayor Palmer stated that extensive conversations have been held with the City Manager and Planning Staff concerning the proponents of the issue relating to criteria; that other Commissioners have indicated similar concerns; that language for developing criteria should be addressed going forward. Mayor Mason requested the Applicant to come forward. Christopher Brown, and William Morris, Applicants, representing Sarasota Main Street, L.L.C., came before the Commission. Mr. Brown stated that Sarasota Main Street, L.L.C., has an interest in developing the site at the southeast corner of Main Street and Palm Avenue; that the Orange Blossom building has served as an inspiration and is a remarkably beautiful and historic building; that the Architect is in awe of the Orange Blossom and will use the building as a reference for design; that the site can be developed with an 18-story building with a maximum density limit of 35 units under the current Zoning Code (2002 Ed.); that the request is to increase the density to allow for 126 units; that a market exists in the City for a more moderate-income level of housing; that Palm Avenue is a very important pedestrian street; that pedestrians will move through the proposed building using an arcade; that the site is an excellent location to introduce housing in the area; that several meetings have occurred with Andres Duany, Principal, FAIA, Duany Plater-Zyberk & Company (DPZ), regarding the proposed design and creating an arcade to improve the pedestrian character and building style of the area; that 800 square foot loft apartments above the arcade will be the most affordable units and will help to disguise the parking garage on the lower floors of the building; that sidewalk retail is included; that the proposed structure includes a four-story pedestal from which the smaller tower rises; that the pedestal plan breaks up the scale of tall buildings for the pedestrian; that the main tower is set back 20 feet from the first four floors of the building; that Mr. Duany favors transition lines; that the proposed project includes two horizontal transition lines, one at four stories and one at the top of the building; that transition lines are typical of historic buildings such as the Orange Blossom. Mr. Brown continued that a marketing survey was conducted with the Downtown Association of Sarasota (Downtown Association); that understanding a particular market takes time; that market studies were conducted for recently completed projects in Delray Beach, Boca Raton, Fort Lauderdale, and Jacksonville, Florida. Mr. Brown further stated that the Commission's desire to add frontage on both sides of Main Street extending to Gulf Stream Avenue to the boundaries is not a problem and makes sense; that the basic request is for 200 units per acre on a per site basis but never to exceed the 50 units per acre for the entire area; that a parcel would be required to support fewer and larger units, placing the building in the higher income market if the building development at a density of 35 units per acre were required; that the desire is to develop housing for a more moderate-income market; that the City appears to have plenty of residences available for the high-income market; that the request is to allow for the potential increase of residential development from a maximum density of 50 dwelling units per acre to 200 dwelling units per acre by creating the Downtown Residential Overlay BOOK 53 Page 25090 03/17/03 2:30 P.M. BOOK 53 Page 25091 03/17/03 2:30 P.M. District; that the average residential density with the proposed area will not exceed 50 dwelling units per acre. Mr. Morris stated further that the firm participated in a tour with the Downtown Association; that the project site was the last stop on the tour; that a survey was allowed and conducted which was provided to the Commission; that the goal was to receive substantive ideas from people who participated in the tour relating to different amenities such as buy or lease preferences, price range, etc., that the tour was interesting; that 42 responses were received as a result of the tour; that 40 people preferred to buy rather than to rent; that most of the people were looking at a price range of $200,000 to $500,000; that amenities such as high ceilings, large balconies, and large kitchens were mentioned; that the people who completed the survey were relatively young and were estimated as being in the 35 to 45 year old range; that most people appeared sincerely interested in living Downtown; that the people attended the tour for a reason which provided a better perspective on constructing smaller, affordable units; that 10 foot high ceilings are planned; that the top two floors may possibly have 11 foot ceilings; that some units could be divided in half from 1,850 square feet to 925 square foot creating an additional number of units which will be affordable to a number of people desiring to live Downtown; that people working in Downtown office buildings and retail shops would be able to afford to live Downtown which is the desired result. Mr. Smith referred to architectural renderings of Florida buildings in downtown West Palm Beach, with no density limitations and a height limit of 15 stories, in Jacksonville with no density or height limitations, in downtown Boca Raton with no density limitations and a height limit of 10 stories, in Fort Lauderdale with no density or height limitations, and in Gainesville with a density limit of 150 units per acre and no height limit; and stated that a number of other similar buildings were developed throughout Florida which can serve as a comparison to the proposed project; and that the belief is 25 percent of the market will be Downtown professionals; that Sarasota has every characteristic as a desirable place to live an urban lifestyle offering a place to walk, shop, attend cultural events, and visit art galleries; that an urban lifestyle as opposed to a desire to view the water is desirable; that the project will be focused on the moderate income market. Mr. Smith continued that an extensive residential building boom is taking place in downtown Delray Beach; that Downtown residential housing creates a very exciting cityi that an evening parking problem exists in Delray Beach; that Delray Beach has 30 downtown restaurants; that Sarasota has great retailers in the Downtown; that retail will improve by the support provided by nearby residential consumers; that retailers cannot rely upon people visiting during the winter months; that downtown corporate offices in other cities frequently ask if residential housing is available downtown for employees; that residential housing is important and will attract corporate users; that Sarasota's culture and existing institutions are phenomenal; that downtown dwellers are the strongest supporters of cultural institutions; that the proposed project site is within walking distance to the Sarasota Opera; that a large percentage of opera lovers will likely move into the proposed building; that many cities are creating residential housing in the Downtown which attracts year round residents; that attracting year round residents to the Downtown is the goal of the City; that the Commission's consideration for the proposed project is appreciated. Commissioner Martin stated that full time residents are needed in the Downtown area; that the concern is all the units in the proposed project will be purchased as second and third homes; and asked if the situation has arisen in other cities, and if BOOK 53 Page 25092 03/17/03 2:30 P.M. BOOK 53 Page 25093 03/17/03 2:30 P.M. SO, can the situation be addressed through effective marketing which encourages people to live in cities year round? Mr. Smith stated that a significant townhouse boom is taking place in downtown Delray Beach; that 75 percent of the townhouses in downtown Delray Beach are being purchased by full time residents now living on the barrier island; that people are moving off the barrier island and into the downtown; that the full time residents moving off the barrier islands and into the City are in the 35 to 55 year old age groupi that the townhouse units range in price from $300,000 to $500,000; and are slightly more expensive than condominiums. Mr. Morris stated that a large project was recently finished in Boca Raton which began as rental units; that the project was converted to condominiums due to the interest of sO many people during the early phases of construction; that approximately 75 percent of the 255 units are comprised of year round residents who work in the downtown area; that another large project was recently completed near the beach in Fort Lauderdale; that a lifestyle is being sold; that the lifestyle is high quality and includes an entire amenity package such as valet parking, the ability to walk to 15 to 20 restaurants, attend nearby cultural activities, etc.; that people living and working in other downtown cities are for the most part year round residents. Mr. Smith stated that the proposed project is not a waterfront site; that retirees or part year residents tend to desire living on the waterfront; that the proposed project will attract people having knowledge of the charm of Sarasota and the lifestyle of the Downtown; that the water is no longer the main attraction. Mr. Morris stated that credit for ceiling height, usable deep balconies, and a certain quality of quantifiable amenities would assist in establishing criteria for density. Mr. Smith stated that Martin County, Florida, is discussing moderate income housing; that 650 square foot units will be counted as a half of a unit which serves as a bonus for a developer to build small units; that smaller units will be more affordable; that the idea is good. Vice Mayor Palmer stated that housing costs are a concern of everyone; and asked for the Applicant to elaborate concerning experience relating to transportation and congestion management. Mr. Smith stated that transit is important; that for the City to have a trolley is pleasing; that the trolley route includes the proposed project site which is even more pleasing; that the Commission should adopt a public policy for developers to make contributions to transit in lieu of traffic signals; that investing money in transit is preferred to investing money in traffic signals; that investing money in transit makes more sense; that a City imposed transit impact fee would be welcome, would provide for a better Downtown, and relieve traffic thereby creating a walkable Downtown. Mr. Morris stated that investing money in transit would be financially supported; that a certain percentage of people choosing to live in the Downtown would either work out of homes or not work at all; that the percentage of people will not be generating morning and evening trip intervals; that a certain percentage would live and work in the Downtown and would walk to work most days; that another percentage of people may work in locations other than the Downtown and would be leaving outbound and against traffic between 7:00 a.m. and 9:00 a.m. in the morning; that the trolley system and water taxis work well in Fort Lauderdale; that similar transportation will work well in the City and would assist in minimizing or furthering any traffic impacts. BOOK 53 Page 25094 03/17/03 2:30 P.M. BOOK 53 Page 25095 03/17/03 2:30 P.M. Mr. Smith stated that a Downtown Mobility Study is being conducted by the City; that one of the issues analyzed in a mobility study is a Transportation Concurrency Exception Area (TCEA); that Sarasota is one of 23 cities having TCEAS which do not exempt residential property; that having a complete TCEA is important as an incentive for Downtown housing not only in the Commercial Central Business District Zone District but also in other portions of the Downtown; that a complete TCEA exempts residential from transportation concurrency requirements; that the City may wish to develop a complete TCEA in tandem with transit; that Sarasota would be one of the only cities combining transit with the TCEA. Commissioner Quillin stated that the City is also performing a Parking + Connectivity Study; that the concept of park and ride is a portion of the study; that the proposed project exemplifies the desired plan for the Downtown which is to provide good housing for people desiring an urban lifestyle; and asked if the consultants would volunteer to participate in the Transportation Management Organization? Mr. Smith stated that participation in the Transportation Management Organization is welcome. The following people came before the Commission: Kenny Barr, 1233 North Gulf Stream Avenue (34236), stated that he has no objection to the proposed project; that he owns a business across the street from the proposed project which is being upgraded; that the proposed project will bring an additional 250 people into the neighborhood which is pleasing; that his property is in the 1300 block of Main Street which is the same block as the properties of the proposed project; that his property in the 1300 block of Main Street should be included in the boundary for the proposed Downtown Residential Overlay District; that he is speaking for several of the property owners in the 1300 block of Main Street; that no reason exists for not including the other properties in the 1300 block of Main Street in the boundary for the proposed Downtown Residential Overlay District; that the 1300 block of Main Street does not include any residential properties but may in the future; that not including the properties in the 1300 block of Main Street in the boundary for the proposed Downtown Residential Overlay District places property owners at an economic disadvantage. John Tylee, Executive Director, and Charles Kuykendall, Chair of Policy Committee of the Board, 1818 Main Street (34236), Downtown Association of Sarasota. Mr. Tylee distributed and read a prepared statement of the position of the Downtown Association of Sarasota regarding the proposed changes to the City's Comprehensive Plan to increase the maximum number of units per acre. Mr. Kuykendall stated that the Downtown Association strongly supports the proposed amendment to the City's Comprehensive Plan; that the belief is the proposed project will bring a much needed middle income type of housing to the Downtown which will be great; that diversity in the Downtown will be good for Downtown retailers; that middle income housing will create a more lively Downtown; that younger people desiring to live Downtown will require housing which is lower than currently available. Mr. Kuykendall continued that the Downtown Association recommends adjustment of the existing proposal to provide for higher densities for properties between Palm and Gulf Stream Avenues which have not already been developed as high-rises; that the area is only one half acre; that including the BOOK 53 Page 25096 03/17/03 2:30 P.M. BOOK 53 Page 25097 03/17/03 2:30 P.M. properties in the boundary is wise and would not impact the amendment to the City's Comprehensive Plan. Mr. Tylee stated that the support for the Transportation Management Organization previously indicated by the Commission and the Applicant is appreciated. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1590 by title only. Vice Mayor Palmer asked for clarification of language recommended by the City Attorney's Office for inclusion in a motion. Attorney Fournier stated that the following language is suggested: Developments allowed increased dwelling unit density in accordance with this action strategy may be approved only after public hearings are held by the Planning Board/Local Planning Agency and the City Commission. Criteria for approval shall be incorporated into the City's Land Development Regulations. Commissioners Martin and Servian stated that the language is supported. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 03R-1590 authorizing transmittal of Plan Amendment Application No. 02-PA- 11 with the additional language regarding housing and the addition of the properties fronting Main Street from Palm Avenue to Gulf Stream Avenue to the Florida Department of Community Affairs as recommended by the City Attorney's Office. Vice Mayor Palmer asked if the boundary can be extended? Attorney Fournier stated that a map amendment will be required; that the recommendation is to indicate for the record the lot 1 numbers for the properties. Mr. Smith stated that the exact location of the parcels will be researched through the Geographic Information System. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yesi Martin, yesi Mason, yesi Palmer, yes; Quillin, yes. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1591 by title only. On motion of Vice Mayor Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 03R-1591 authorizing transmittal of Plan Amendment Application No. 02-PA- 12 with the additional language recommended by the City Attorney's Office regarding housing and the addition of the properties fronting Main Street from Palm Avenue to Gulf Stream Avenue to the Florida Department of Community Affairs for review and comment. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yesi Palmer, yes; Quillin, yes; Servian, yes. BOOK 53 Page 25098 03/17/03 2:30 P.M. BOOK 53 Page 25099 03/17/03 2:30 P.M. 22. NON QUASI-JUDICIAL PROPOSED ORDINANCE NO. 03-4450, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION NO. 02-PA-03; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE CEASSIFICATION OF A PARCEL OF PROPERTY FROM SINGLE FAMILY- MODERATE DENSITY TO NEIGHBORHOOD OFFICE; SAID PROPERTY BEING APPROXIMATELY .12 ACRE IN SIZE AND LOCATED ON THE EAST SIDE OF SOUTH TUTTLE AVENUE NORTH OF BAHIA VISTA STREET ACROSS FROM TEMPLE BETH SHALOM SCHOOL AND HAVING A STREET ADDRESS OF 1115 SOUTH TUTTLE AVENUE ; STATING VARIOUS FINDINGS OF FACT CONCERNING THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT; ; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-03) PASSED ON FIRST READING (AGENDA ITEM X-A-4) CD 7:46 through 8:17 Mayor Mason opened the public hearing and requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Development Department, came before the Commission, referred to computer- generated slides of the site throughout the presentation, and stated that Plan Amendment Application No. 02-PA-03 as incorporated in proposed Ordinance No. 03-4450 is to amend the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the Applicant is Dr. Frank Qi Shao, owner, China Healing Center. Mr. Parsons continued that the street address of the subject parcel is 1115 South Tuttle Avenue (Lot 9 on the parcel map); that for clarification, the address of the adjacent parcel of 1117 South Tuttle Avenue (Lots 5 and 7 on the parcel map) was inadvertently used on several documents in the Agenda backup material; that the proposal is to amend the Future Land Use Classification for the 5,200 square foot parcel located at 1115 South Tuttle Avenue (Lot 9); that the amendment is small scale; therefore, review by the Florida Department of Community Affairs (DCA) is not required; that the Commission has the authority to adopt the amendment if desired; that the subject property is currently in the Residential Single Family 4 (RSF-4) Zone District and designated in the Single Family (Moderate Density) Future Land Use Classification; that the proposal is to change the site to the Neighborhood Office Future Land Use Classification. Mr. Parsons continued that Staff attempted to analyze if the proposal would be in the overall public benefit as articulated in the various goals, objections, and action strategies of the City's Comprehensive Plan; that Staff found the uses along South Tuttle Avenue are predominately residential; that the single-family character of the area has been unchanged since the 1998 adoption of the City's Comprehensive Plan; that the proposal would diminish the residential character of the area rather than serve as a buffer; that the proposal also conflicts with two Action Strategies of the Housing Plan Chapter of the City's Comprehensive Plan which encourage the private sector to conserve, maintain, and enhance the City's existing housing stock; that the vacant property could be developed with one single-family home; that two parcels to the north of the parcel were developed with Habitat for Humanity houses; that affordable housing units have also been built adjacent to the site; that no negative impacts exist with transit, transportation trips, hurricane evacuation, public works infrastructure, or other municipal services; that the Staff analysis indicates the proposed land use change would not be in the public benefit and recommends denial of Plan Amendment Application No. 02-PA-03. Mr. Parsons further stated that at its January 22, 2003, meeting the Planning Board/Local Planning Agency held a public hearing BOOK 53 Page 25100 03/17/03 2:30 P.M. BOOK 53 Page 25101 03/17/03 2:30 P.M. concerning Comprehensive Plan Amendment Application No. 02-PA-03 and recommended denial by a vote of 5 to 0. Commissioner Servian referred to the Public Benefit Review section included in Section II of the Staff report included in the Agenda backup material and stated that several Action Strategies indicate the proposed project would further the public interest; that the Housing Plan Chapter is the only section which indicates otherwise. Mr. Parsons stated that the decision is based on an on balance review; that each Chapter in the City's Comprehensive Plan is reviewed; that in general, Staff believes functioning residential uses predominate along Tuttle Avenue. Commissioner Servian stated that a synagogue is across the street; that offices exist south of the parcel; that one existing building is the old Doctors Hospital which is currently utilized as medical offices; and asked the reason for believing the proposed parcel is sO detrimental to the neighborhood? Mr. Parsons stated that the decision is based on an on balance finding; that the area has not recently changed; that the area is not transitioning to uses other than residential; that the Staff report indicates existing City policies which speak to maintaining low and moderate income housing; that the Commission's analysis may be different than Staff's. Commissioner Servian asked if the parcel is currently vacant? Mr. Parsons stated yes. Commissioner Quillin stated that the synagogue across the street has expanded and includes a new school; that the Young Men's Christian Association (YMCA) is in the area; that the neighborhood has recently undergone changes; that homes are being purchased and made available as rentals in some parts of the neighborhood; that standing water after a rain is a problem in the neighborhood; that the neighborhood has endured the widening of Tuttle Avenue as well as other improvements; that the neighborhood is on the edge of transition; that affordable housing still exists in the neighborhood; that the neighborhood is similar to the Avalon neighborhood four years ago; that the Avalon neighborhood has transitioned; that the parcel is the last piece of vacant land in the neighborhood; that having trees to buffer the neighborhood is a concern of the neighbors; that the neighborhood could undergo changes or remain the same. Mayor Mason requested the Applicant come forward. Dr. Frank Qi Shao, Acupuncturist and owner, China Healing Center, and William Loker, President, Loker Construction, acting as interpreter came before the Commission. Dr. Shao stated that the request is for Commission approval to change the Future Land Use Classification for the parcel from Single Family (Moderate Density) to the Neighborhood Office Future Land Use Classification. Mr. Loker stated that Dr. Shao has operated a small acupuncture business in Sarasota for ten yearsi that he is the owner of the two adjacent lots with street addresses of 1115 and 1117 South Tuttle Avenue; that at its May 20, 2003, Regular meeting, the Commission approved a rezoning and site plan to develop a 1,500 square foot office on Lots 5 and 7; however, a building size of 1,500 feet is too small for the needs of the new office; that a 600 to 800 square foot meeting room for continuing education for doctors throughout Florida and the United States is necessary; that he has been approved for training of other doctors by the Board of Acupuncturists. BOOK 53 Page 25102 03/17/03 2:30 P.M. BOOK 53 Page 25103 03/17/03 2:30 P.M. Mr. Loker referred to maps of the proposed project on the Chamber monitors throughout the presentation and continued that the 3,000 square foot vacant parcel at the intersection of Tuttle Avenue and Bahia Vista Street which has a street address of 1131 Bahia Vista Street (Lot 1) on the parcel map is too small to build on and has no street access; that Lot 1 does not belong to Dr. Shao; that Dr. Shao is willing to purchase Lot 1; that Lot 1 would be used for extensive landscaping to soften the corner; that a significant number of medical offices exist in the area; that a 1,500 square foot building was originally planned for construction on Lots 5 and 7; that a retention pond was required behind the building; that the building could not be built due to extremely expensive stormwater intrastructure costs; that the cost per square foot was astronomical; that the infrastructure costs will remain the same if Dr. Shao is allowed to rezone Lot 9 to the Office Professional Business Zone District and construct a larger building; that constructing a building larger than currently permitted would result in substantial savings; that construction was stopped on the initial building as the cost would be approximately $380,000 or $266 per square foot for the 1,500 square foot building; that expanding the building to 2,000 square feet would have a building cost of $200 per square foot; that some additional parking would be required; that the desire is to save a large existing tree; that the rezoning of the proposed project site will be advantageous to the neighborhood; that additional Class A buffer would be added to Lot 1; that the office would be good for the surrounding neighborhood; that the area is essentially medical offices including a dentist and chiropractic offices; that the area is a central and visible intersection; that the lots are currently full of weeds and trash; that the proposed office would be an improvement to the area's appearance; that building on the small lots is difficult without consolidating several lots together. Commissioner Quillin asked the plans for the project if Lot 1 cannot be purchased? Mr. Loker stated that Lot 1 can be purchased; that discussions concerning the purchase of Lot 1 have taken place with the owners; that Dr. Shao will not purchase Lot 1 unless a rezoning for the proposed project site is approved. Commissioner Quillin stated that the current owners may decide not to sell. Lot 1; that many people have attempted to purchase Lot 1 over the years. Dr. Shao stated that he will try very hard to purchase Lot 1. Mr. Loker stated that a smaller building with approximately 2,200 square feet would be built if Lot 1 could not be purchased. Commissioner Quillin stated that additional parking could be constructed on Lot 1 facing Tuttle Avenue. Mr. Loker agreèd; but stated that the plan is to save the existing tree which would limit additional parking by a few spaces. Commissioner Quillin stated that the neighbors will be happy to hear the plans to save the tree; however, Lot 1 cannot be considered as part of the project since Lot 1 is not owned at this time; that a request is for assurance all the parking requirements can be met with property currently owned; that the proposed project will utilize Lot 9 for the extension of stormwater and some additional parking; that rezoning Lot 9 would allow adding 800 square feet to the original 1,600 square foot building. BOOK 53 Page 25104 03/17/03 2:30 P.M. BOOK 53 Page 25105 03/17/03 2:30 P.M. Dr. Shao stated that the rezoning would provide for construction of a 2,400 square foot building. Commissioner Servian asked the average number of patients in the waiting room at any given time? Dr. Shao stated that 20 to 30 patients are seen daily during tourist season; that five or six patients may be present in the waiting room at one time. Commissioner Servian stated that the concern is to assure sufficient parking for patients and employees; that parking problems exist in other areas of the City, particularly with medical offices; that physicians and staff park in surrounding neighborhoods to leave parking spaces available for patients; that the concern is parking may not be sufficient for the physician, staff, and patients; that Lot 1 cannot be considered as a potential for additional parking at this time; and asked the number of people employed in the office? Dr. Shao stated that a staff of two individuals is employed. Commissioner Servian asked if more than seven people at any given time are present in the waiting area? Dr. Shao stated that more than seven people are present in the waiting area at some times. Commissioner Servian stated that having more than seven people in the waiting area is a concern; that the proposed rezoning will allow for three additional parking spaces; and asked the plan for additional parking? Dr. Shao stated that having more than seven people in the waiting area at any given time does not normally happen. Commissioner Quillin stated that the proposed office is large; and asked if a school for teaching other physicians or interning is planned? Dr. Shao stated that a school is not planned; that a seminar is sometimes held for acupuncture physicians from the State and around the Country. Commissioner Quillin asked the reason for such a large facility if the business only consists of one physician seeing 20 to 30 patients per day? Dr. Shao stated that the additional square footage is required for patient exercise; that patients are taught Chinese exercises. Commissioner Quillin stated that the understanding is additional space will be used for physical therapyi; that one room will be used for treatment; that the other room will be used for teaching patients self healing methods. Dr. Shao stated that is correct; that 30 people may be in a room at one time if he is teaching Chinese exercises; that vehicles are sometimes shared by people attending the classes. Commissioner Quillin stated that the parking situation must be understood; that neighbors become concerned if people visiting or working in office buildings begin parking in the neighborhoods; that justification for parking must be received prior to approving the proposed project; that parking accommodations are not seen for 20 to 30 patients. City Manager McNees stated that parking situations in other areas of the City involve buildings which were developed under the requirements for commercial uses; that hence, the parking requirements were developed at the time the buildings were BOOK 53 Page 25106 03/17/03 2:30 P.M. BOOK 53 Page 25107 03/17/03 2:30 P.M. developed on a per square foot basis as commercial uses rather than medical uses; that the proposed project must meet the requirements of the Zoning Code (2002 Ed.) for a medical office; that parking spaces will be constructed as required for a medical office; that a request cannot be made for more spaces than is required under the Zoning Code (2002 Ed.); that the Applicant would still be constrained by the total acreage of Lots 5, 7, and 9; that Dr. Shao will construct additional parking and a slightly larger building if Lot 1 can be purchased. Commissioner Martin asked how often acupuncture students will visit the office for training? Dr. Shao stated that the Florida Acupuncture Association requires 30 credits every two years for license renewal; that a seminar is necessary to obtain the credits; that he is a senior acupuncture physician in Florida and in the United States; that he is qualified to train students as well as physicians; that interns will be trained if time is available; that he is too busy at this time for interns. Commissioner Martin asked how often the training takes place? Dr. Shao stated that training is held a few times per year. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4450 by title only. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4450 on first reading. Commissioner Quillin stated that the proposed project will be wonderful for the neighborhood; that new patients may come from the neighborhood; that the hope is employees will purchase homes in the neighborhood and walk to work; that the proposed project will spark interest in keeping the neighborhood healthy. Commissioner Servian stated that approving the proposed project is pleasing; that the composition of the area is compatible with the proposed project; that building an affordable home on the vacant lot would be good; however, the service being provided to the community by Dr. Shao is wonderful; that a request is for being diligent in purchasing Lot 1 and for being sensitive to the parking issue; that parking in neighborhoods is increasingly becoming an issue throughout the City; that employees and patients should be reminded not to park in the neighborhood as the business becomes more successful. Dr. Shao stated that he will comply with the wishes of the Commission. Commissioner Martin stated that the proposed project is supported; that the work being performed by Dr. Shao in the City over the last ten years is appreciated; that the City is in the business of helping businesses grow; that the proposed project is an appropriate use for the area; that the motion is supported. Vice Mayor Palmer stated that the preservation of the existing tree and appropriate buffering is very important; that the tree is vital to the area; that the requirement for appropriate buffering is included in the Zoning Code (2002 Ed.); that anything which can be done to further the buffering is encouraged. BOOK 53 Page 25108 03/17/03 2:30 P.M. BOOK 53 Page 25109 03/17/03 2:30 P.M. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 03-4450 on first reading. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes; Mason, yes. The Commission recessed at 7:50 p.m. and reconvened at 8:02 p.m. 23. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4442, ANNEXING CERTAIN REAL PROPERTY LYING CONTIGUOUS TO THE CITY LIMITS INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA AS REQUESTED BY GEYER-DICKINSON, A FLORIDA GENERAL PARTNERSHIP; SAID REAL PROPERTY BEING GENERALLY DESCRIBED AS SEVEN PLATTED LOTS ON THE WEST SIDE OF DEARBORN STREET BETWEEN BEE RIDGE ROAD AND HANSEN STREET, CONSISTING OF APPROXIMATELY +0.8 ACRES, AND HAVING STREET ADDRESSES OF 3924, 3928, 3926 AND 3944 DEARBORN AVENUE ; MAKING FINDINGS; REDEFINING THE BOUNDARY LINES OF THE CITY OF SARASOTA TO INCLUDE SAID REAL PROPERTY, ; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 02-ANK-01, APPLICANT CHARLES BAILEY, JR. AS ATTORNEY FOR GEYER-DICKINSON, A FLORIDA GENERAL PARTNERSHIP) PASSED ON FIRST READING (AGENDA ITEM X-A-6) AND 24. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 03R-1592, APPROVING APPLICATION NO. 02-PA-04 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN CHANGING THE FUTURE LAND USE CLASSIFICATION OF A 0.80* ACRE PARCEL OF VACANT PROPERTY LOCATED ON THE WEST SIDE OF DEARBORN AVENUE AND HAVING A STREET ADDRESS OF 3924, 3928, 3936, AND 3944 DEARBORN AVENUE FROM THE SARASOTA COUNTY FUTURE LAND USE MAP CLASSIFICATION MEDIUM DENSITY RESIDENTIAL TO THE PROPOSED CITY OF SARASOTA FUTURE LAND USE CLASSIFICATION COMMUNITY COMMERCIAL; AND AUTHORIZING TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT; ETC. (TITLE ONLY) (APPLICATION NO. 02-PA-04, APPLICANT CHARLES BAILEY, JR. ESQ. AS AGENT REPRESENTING THE GEYER-DICKINSON PARTNERSHIP) - ADOPTED (AGENDA ITEM X-A-5) CD 8:28 through 8:54 Mayor Mason opened the public hearing concerning proposed Ordinance No. 03-4442 and proposed Resolution No. 03R-1592 and requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Development Department, came before the Commission, referred to computer- generated slides of the site throughout the presentation; and stated that Annexation Application No. 02-ANX-01 as incorporated in proposed Ordinance No. 03-4442 is to annex certain real property lying contiguous into the City limits; that the Applicant is Charles Bailey, Esquire, as agent representing the Geyer-Dickinson Partnership; that voluntary annexations into the City are governed by State and Local regulatory requirements and, additionally, by City policies; that Chapter 171, Florida Statutes, sets forth procedures for adjusting the boundaries of municipalities through annexations and sets forth criteria for determining a time annexations may take place; that the Applicant is seeking a voluntary annexation of four parcels of land contiguous to the City with street addresses of 3924, 3928, 3936, and 3944 Dearborn Avenue; that the property is currently in the Sarasota County Medium Density Residential Land Use Classification; that the Applicant is seeking to annex into the City and have the property designated in the City's Community Commercial City Future Land Use Classification; that the Applicant desires to use the subject parcel as an employee parking lot to support the adjacent Dealership. BOOK 53 Page 25110 03/17/03 2:30 P.M. BOOK 53 Page 25111 03/17/03 2:30 P.M. Mr. Parsons continued that the proposed four parcels are approximately .80 of an acre combined; that the parcels are located on the west side of Dearborn Avenue; that the parcels would be contiguous to the City limits both to the north and to the east; that at its January 6, 2003, Regular meeting, the Commission approved a Pre-Annexation Agreement between the City and the Applicant for the properties; that both the Pre- Annexation Agreement and the proposed Ordinance have been drafted conditionally; that if approved, the annexation would not become effective unless four conditions are met; that the effective date of the Ordinance would be the latest of the four development applications; that the Applicant will be seeking: The effective date of the Ordinance which amends the City's Comprehensive Plan to classify the property as Community Commercial on the Future Land Use Plan Map; - The effective date of the Ordinance which rezones the property to the Commercial General District; - The effective date of the Resolution which grants final approval for the Major Conditional Use for commercial parking; and The effective date of the agreement which allows off site parking on the property. Mr. Parsons stated that the proposed Ordinance to annex the property into the City would become effective on the last date of approval of the four development applications; that the Applicant has the ability to withdraw from the Annexation Agreement if any of the four development applications are not approved; that the Pre-Annexation Agreement also indicates the following: The parties acknowledge nothing set forth in the Agreement shall be construed to require the City Commission or any other body or City employee to take any action, legislative or otherwise to approve any application or adopt any ordinance described or referred to herein. Mr. Parsons continued that a decision to approve the development applications must be based on substantial and competent evidence; that the reference to the development agreements in the Pre-Annexation Agreement does not imply each one must be approved; that the annexation would not become effective if any of the development agreements are not approved. Mr. Parsons stated that the proposed Ordinance meets the regulatory requirements in the Florida Statutes and is accordance with Section VII-1603, Zoning Code (2002 Ed.); that the proposed Ordinance is within the urban service boundary of the City; that adequate infrastructure is available for the annexation; that the Applicant is responsible for all costs associated with the Annexation. Mr. Parsons referred to a February 19, 2003, letter from Thomas Polk, Senior Planner, Sarasota County Growth Management, and stated that the letter indicates the County has no objections or comments regarding the proposed annexation; that according to the Pre-Annexation Agreement, the owner would be required to file the development agreements within 90 days of approval of the proposed Ordinance. Mr. Parsons continued that the recommendation is for the Commission to pass proposed Ordinance No. 03-4442 on first reading. Mr. Parsons further stated that Plan Amendment Application No. 02-PA-04 as incorporated in proposed Resolution No. 03R-1592 is a privately initiated proposal to amend the future land use map classification for .80+ acre parcel of vacant property having a street address of 3924, 3928, 3936, and 3944 Dearborn Avenue; BOOK 53 Page 25112 03/17/03 2:30 P.M. BOOK 53 Page 25113 03/17/03 2:30 P.M. that the property is currently in the Sarasota County Medium Density Residential Land Use Classification; that the Applicant is seeking to annex into the City and have the property designated in the City's Community Commercial City Future Land Use Classification; that the Applicant desires to use the subject parcel as an employee parking lot to support the adjacent Dealership; that the Applicant is Charles Bailey, Esquire, as agent representing the Geyer-Dickinson Partnership. Mr. Parsons stated further that the subject parcels are located on the west side of Dearborn Avenue, directly across the street from parcels also owned by the Applicant and are within the City; that the parcels are currently vacant; that parcels east and north of the subject parcels are in the Community Commercial Land Use Classification; that at its January 22, 2003, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted 3 to 2 to approve transmittal of Plan Amendment Application No. 02-PA-04 to the Florida Department of Community Affairs (DCA) for review and comment; that Staff concluded on balance the proposed Resolution is in the public benefit and recommends adoption of proposed Resolution No. 03R-1592 authorizing transmittal of Application No. 02-PA-04 to the DCA. Commissioner Servian asked if the properties to the rear of the subject parcels having a frontage on Southeast Avenue are currently single family? Mr. Parsons stated that the properties are currently single family and duplexes. Commissioner Servian asked if the properties are owner occupied or rentals? Mr. Parsons stated that the information is not available at this time; however, the information can be provided; that two parcels in the subject area are the subject of Pre-Annexation Agreements; that one is in effect at the present time at the corner of East Avenue and Hanson Street; that the existing Pre-Annexation Agreement was approved by the Commission in 2002; that the Pre- Annexation Agreement includes Community Commercial or Neighborhood Commercial as applicable Future Land Use Classification; that an applicant owning another parcel on East Avenue has recently come to the Planning Department seeking annexation into the City through a Pre-Annexation Agreement; that the matter has not yet come before the Commission; that Staff preliminarily indicated the Community Commercial Future Land Use Classification would be appropriate. Commissioner Servian stated that during the neighborhood meeting, a significant amount of concern was raised regarding paint booths and overspray, noise created by offloading vehicles from tractor trailers during evening hours, and bright lights; and asked if discussions have been held to mitigate the problems such as moving the paint booth, limiting offloading hours, and eliminating lighting during evening hours? Mr. Parsons stated that issues relating to compatibility with neighboring areas are intensely reviewed by Staff at the time rezoning site plan applications are received; that Staff has not addressed compatibility at this point of the review and analysis; that the Applicant will be able to provide answers to concerns raised. Mayor Mason requested that the Applicant come forward. Charles Bailey, Jr., Esquire, law firm of Williams, Parker, Harrison, Dietz & Getzen, and Vance Dickinson, owner and General Manager, Coast Cadillac/Volvo/Infinity Dealership Dealership), came before the Commission. BOOK 53 Page 25114 03/17/03 2:30 P.M. BOOK 53 Page 25115 03/17/03 2:30 P.M. Attorney Bailey stated that the complete and objective presentation by Staff is appreciated; that a transition to non- residential development is the pattern in the area between Bee Ridge Road and Hansen Street to the south and between School Avenue and US 41 on the west; that the minutes of the January 22, 2003, PBLP meeting indicate a controversy concerning the timing of the transition to non-residential development; that some policy decision has been discussed by the City to eventually annex property north of Hanson Street to serve the area with utilities; that appropriate timing and interim uses occurring in the area are key issues; that residences which were fairly run down and in dilapidated condition previously existed on the parcels; that some illegal commercial usage was taking place in the area; that blighted conditions existed; that the Dealership acquired the parcels and removed the existing buildings; that the hope is to utilize the parcels for expansion of the Dealership; that the earlier commitment made was to use the additional space for employee parking; that the objective in the Pre-Annexation Agreement is to rezone the area to the Community Commercial Future Land Use Classification with a major conditional use for off site parking; that the area may have a future as part of the Dealership as the neighborhood continues transition. Attorney Bailey continued that a number of individuals expressed concerns at the January 22, 2003, PBLP meeting; that the concerns expressed were for the Dealership to stop moving into the neighborhood or to buy the property of the individuals living in the neighborhood; that the Dealership owner has been securing commitments to sell from the neighbors since the PBLP meeting. Attorney Bailey referred to a map of the subject parcels displayed on the Chamber monitors indicating parcels for which commitments to sell have been secured; that the Dealership owner has letters of support from the individuals committing to sell; and introduced the letters into the public record. Attorney Bailey stated further that the parcels, once purchased, will not be immediately used for any non-residential use but will rather be transitional; that one owner will not sell a lot, which breaks up the symmetry of the area and which is disappointing; that the area will come under unitary control; that a planned retention pond may be moved further south to assist with the symmetry; that the belief is the request for the amendment to the City's Comprehensive Plan to revise the Future Land Use Map to include the subject property in the Community Commercial Future Land Use Classification is appropriate in light of the transitional nature of the neighborhood and the manifest destiny of the neighborhood to become part of the City at some future point. Attorney Bailey further stated Staff was perceptive in noting parcels with potentially incompatible uses should back up to one another rather than face one another. Mr. Dickinson stated that three parcels are owner occupied; that the remaining parcels are rentals; that most of the duplexes are rentals. Commissioner Servian stated that one neighbor had a concern relating to the paint booth and the oversprayi; that the possibility of overspraying is not understood since the paint booth must be contained. Mr. Dickinson stated that painting was sublet to certain vendors; that the vendors were supposed to perform the painting offsite but were spraying at the Dealership; that the vendors are no longer painting at the Dealership. BOOK 53 Page 25116 03/17/03 2:30 P.M. BOOK 53 Page 25117 03/17/03 2:30 P.M. Commissioner Servian stated that neighbors complained about the noise from offloading vehicles and asked if the parcels would be used for offloading vehicles during evening hours? Mr. Dickinson stated that the complaint is surprising; that during evening hours, vehicles are offloaded on site in front of the Dealership; that during daytime hours, vehicles are occasionally offloaded on the side of the road. Commissioner Servian stated that the neighbors complained about noise from. offloading vehicles after midnight. Mr. Dickinson stated that the Dealership attempts to control vehicles being off loaded at the Dealership sO the vehicles can be inspected; that vehicles may be off loaded a few times at night which is rare; that vehicles are normally off loaded during day time hours sO inspections can be held prior to sign off. Commissioner Servian stated that the current intention is utilize the parcels for employee parking; and asked if the lighting can be turned off at night? Mr. Dickinson stated yes. Commissioner Quillin stated that turning off the lighting is a concerni that a certain type of lighting can be deflected from any residential properties; that no lighting at all may be a concern of the neighborhood; that situations taking place in the parking lot cannot be seen without lighting. Mr. Dickinson stated that shoe box lighting is a standard required lighting and is used to deflect lighting; that the lighting aims straight down; that shoe box lighting is used in other areas of the Dealership. Commissioner Servian asked if the parcels being used for employee parking will be empty at night and secured? Mr. Dickinson stated that the parking lot will be empty at night; that no vehicles should be in the parking lot. Commissioner Martin asked the planned improvements for employee parking. Attorney Bailey referred to a preliminary site plan included in the Agenda backup material and stated that the preliminary site plan probably does not meet all the requirements; that a site plan which is compliant with the standards for parking lots will be proffered. Mr. Dickinson stated that the parking lot will be maintained by professional services. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4442 by title only. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4442 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yesi Servian, yes; Martin, yes; Mason, yes. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1592 by title only. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 03R-1592 BOOK 53 Page 25118 03/17/03 2:30 P.M. BOOK 53 Page 25119 03/17/03 2:30 P.M. authorizing transmittal of Plan Amendment Application No. 02-PA-04 to the Florida Department of Community Affairs for review and comment. Commissioner Servian stated that emphasis is placed on the importance of reducing the impact to the neighbors still living in the area until the properties are acquired. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yesi Martin, yes; Mason, yes; Palmer, yes. 25. FIRST NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4379, AMENDING THE ZONING CODE (2002 ED.) REGARDING THE OVERNIGHT PARKING (OFF-STREET) OR STORAGE OF COMMERCIAL VEHICLES, COMMERCIAL TRAILERS AND CONSTRUCTION EQUIPMENT AT SINGLE - FAMILY DWELLINGS IN RESIDENTIAL ZONE DISTRICTS; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE, i AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, DIVISION 2, DEFINITIONS ; SEÇTION II-201, DEFINITIONS, TO ADD THE FOLLOWING FOUR NEW DEFINITIONS : NET VEHICLE WEIGHT; COMMERCIAL VEHICLE, ; COMMERCIAL TRAILER; AND WRECKER; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 2, OFF-STREET PARKING AND LOADING, ; TO ADD A NEW SECTION VII-214. COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS RESTRICTED OFF-STREET PARKING IN RESIDENTIAL ZONE DISTRICTS; SAID SECTION VII-214 LIMITS THE PARKING OF PROHIBITED TYPES OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS ; SETTING FORTH REGULATIONS AS TO THE LOCATION, / NUMBER, SIZE, TYPE, SIGNAGE ATTACHED EQUIPMENT AND VISIBILITY OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS ; SETTING FORTH REQUIREMENTS FOR THE BUFFERING OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS ; SETTING FORTH EXEMPTIONS FROM THE REGULATIONS IN SECTION VII-214; PROVIDING FOR SUSPENSION OF THESE REGULATIONS DURING PERIODS OF EMERGENCY DECLARED BY THE CITY COMMISSION, ; REPEALING SECTION VII-902., A, SUPERCEDED BY THE NEW SECTION VII-214; REPEALING ORDINANCES IN CONFLICT ; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) (APPLICATION NO. 02-ZTA-04, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING WITH A CHANGE TO DELETE PROPOSED SECTION VII-214 (C) (1) (C) (II), ZONING CODE, 1 REGARDING MOTOR VEHICLE COVERS; DIRECTED STAFF TO PROVIDE A REPORT REGARDING ENFORCEMENT OF THE ORDINANCE AND ANY PROVISIONS AND RECOMMENDATIONS FOR CHANGE IN THE ORDINANCE ONE YEAR FROM THE EFFECTIVE DATE. (AGENDA ITEM X-A-7) CD 8:54 through 9:53 Mayor Mason opened the public hearing and requested that Staff come forward. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 02-4379 pertains to an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), regarding overnight off street parking or storage of commercial vehicles, commercial trailers, and construction equipment at single-family dwellings in residential zone districts; that the Applicant is the City of Sarasota; that Zoning Text Amendment Application No. 02-ZTA-04 as incorporated in proposed Ordinance No. 02-4379 is a City-initiated amendment to the Zoning Code (2002 Ed.); that the public hearing is the first of two required public hearings; that the second public hearing is tentatively scheduled for the April 7, 2003, Regular Commission meeting; that at its January 14, 2003, Workshop, the Commission directed Staff to revise the proposed Ordinance as follows: Prohibited Commercial Vehicles: Section VII- 214 (B) (1) (g), Division 2, Off-Street Parking and BOOK 53 Page 25120 03/17/03 2:30 P.M. BOOK 53 Page 25121 03/17/03 2:30 P.M. Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.): Subparagraph (g) has been added to prohibit trucks with stake beds; - Maximum Height - Visible Vehicle: Section VII- 214 (C) (1) (b), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.): Limits visible commercial vehicles to 6.5 feet in height and allows a rack no higher than 18 inches above the vehicle height; Visible Vehicle - Signage: Section VII-214 (C) (1) (c), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.): Allows a maximum of two signs on the visible commercial vehicle not to exceed a maximum area of 4 square feet per sign. All such signage shall be completely covered with magnetic sign blanks of a similar color to that of the commercial vehicle. Alternatively, if the visible commercial vehicle is covered with a professionally manufactured covering all signage with an opaque material, the restriction on the size of signs is not applicable (i.e., no limitation on signage); Tools, Ladders and Attached Equipment Visible Vehicle: Section VII-214 (C) (1) (d), Division 2, Off- Street Parking and Loading, Article VII, Regulations of General Applicability, Loning Code (2002 Ed.): The visible commercial vehicle may have no visible tools, ladders, or attached equipment; Buffered Vehicle Height: Section VII-214 (D) (1) (c) (i), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.): A commercial vehicle buffered by a fence, wall, or hedge shall have a maximum height of 8 feet measured from the ground to the highest point of the top of any tools or ladders stored on top of the buffered commercial vehicle; Buffered Vehicle Height: Section VII-214 (D) (1) (c) (ii), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.): There is no maximum height limitation for a commercial vehicle buffered by being parked in a completely enclosed structure; Buffered Commercial Trailers Height: Section VII- 214 (E) (1) (c), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.): The height of a buffered commercial trailer shall not exceed 8 feet measured from the. ground to the highest point of the top of the commercial trailer. No rack is permitted to be attached to the top of the commercial trailer; Effective Date: Section 7, proposed Ordinance: The ordinance takes effect on January 1, 2004. Mr. Litchet continued that two clarifications were recommended by the Planning Board/Local Planning Agency (PBLP) and are included in the proposed Ordinance as follows: Visible Vehicle Signage: Section VII-214 (C) (1) (c), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, Zoning Code (2002 Ed.) : An example is given as to what constitutes a magnetic sign blank of a similar color to that of the commercial vehicle. Buffered Commercial Trailer Signage: Section VII-214 (E) (1) (e), Division 2, Off-Street Parking and Loading, Article VII, Regulations of General Applicability, BOOK 53 Page 25122 03/17/03 2:30 P.M. BOOK 53 Page 25123 03/17/03 2:30 P.M. Zoning Code (2002 Ed.): Clarification is added that there shall be no limitation of the size of the signage for the buffered commercial trailer provided such signage is not visible. This is the same language utilized for the signage regulation for buffered commercial vehicles. Mr. Litchet further stated that two substantive revisions recommended by the PBLP are indicated by footnotes in the proposed Ordinance as follows: 1. A maximum 6.5 feet total height inclusive of the rack be established. 2. An example be given of "similar color." Mr. Litchet stated further that on February 12, 2003, the PBLP held a public hearing and found Zoning Text Amendment Application No. 02-ZTA-04 as incorporated in proposed Ordinance No. 02-4379 consistent with the City's Comprehensive Plan, the standards for review set forth Section IV-1206, Zoning Code (2002 Ed.), and voted unanimously to recommend approval of proposed Ordinance No. 02-4379 with the following four suggested changes: 1. Remove all mention of tarps from the proposed Ordinance. 2. Limit total height to 6.5 feet on all vehicles. 3. Limit total height to 6.5 feet applied to all trailers. 4. Establish no limitation as to the size of the signage for a buffered commercial trailer provided such signage is not visible. Mr. Litchet stated that 22 public meetings have been conducted concerning this issue; that the Commission is urged to make a final decision regarding the issue at this time; that the issues remaining require policy decisions; that the realization is after the many years of input, committees, position papers, and numerous drafts of ordinances, the Commission will not be able to please all of the interests; that Staff recommends the Commission pass proposed Ordinance No. 02-4379 on first reading; that the proposed Ordinance includes a January 2004 effective date to provide Staff reasonable time to conduct a public education campaign and to provide residents and companies the time necessary to make changes to comply with the proposed Ordinance. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the proposed Ordinance contains a change in Section VII-214, (D) (g) as follows: Tools, ladders and attached visible equipment: There shall be no restrictions on the type of tools, ladders or attached equipment within or upon the buffered commercial vehicle provided such tools, ladders of equipment are not visible and the requirement of subsection D are met. Commissioner Servian asked the reason for not using the gross weight listed in the National Automobile Dealers Association books which is the easiest method for code enforcement inspectors to ascertain the weight of a vehicle? Mr. Litchet stated that the vehicle registrations are used to determine weight; that the Sarasota Police Department recommended using vehicle registration weight; that the County also uses vehicle registrations for determining vehicle weight. Mayor Mason requested the following persons come forward: BOOK 53 Page 25124 03/17/03 2:30 P.M. BOOK 53 Page 25125 03/17/03 2:30 P.M. Wayne Souza, 3422 Melody Circle (34237), stated that he lives in the Carolina Estates area; that he has a furniture touchup business; that a standard size van is used for the business; that the van has signage advertising the business; that parking the van at home will not be allowed if the Commission passes the proposed Ordinance; that the neighborhood is not deed restricted; that a significant number of people living and working in the neighborhood operate commercial businesses; that removing or reducing the size of the signage is not fair; that other companies throughout the State can come into the City and work and display signage which takes away business from local residents; that the Commission should consider that reducing the signage will hurt business for local residents; that he has customers on the Town of Longboat Key and on Bird Key who laugh about the issue since the realization is signage should not be an issue in the area in which he lives; that the area in which he lives is not a multi-million dollar community; that the lots in the neighborhood are not large enough to park vehicles on the sides of the houses or to install fencing to shield vehicles; that new fencing is not affordable; that he is raising a handicapped child; that medical expenses as well as daily living expenses cause difficulties; that the price of gas is increasing; that the cost of gas to perform his job has tripled in the last year; that gas costs approximately $700 per month as compared with $300 in 2002; that the hope is the Commission will not make a decision concerning the proposed Ordinance at this time and will review the situation for neighborhoods which are not deed restricted; that the Commission is requested to help the people in the Carolina Estates neighborhood by not approving the proposed Ordinance. Marc Niski, 2833 Greenbriar Street (34237), stated that he resides in the City; that he chooses to live in a neighborhood which is not deed restricted; that he has built his own business and has a commercial vehicle; that his commercial vehicle is parked at home; that he departs at 7 a.m. and returns at 5 p.m. each day; that he cannot afford to purchase another warehouse to use to park his vehicle; that the safety of tools in the vehicle is a concern if the vehicle is not parked at home; that a choice is available for people to move to deed restricted areas if the desire is not to see commercial vehicles in the neighborhood; that the people in his neighborhood choose to live in a neighborhood which is not deed restricted; that the streets and yards are clean; that the desire is to continue being allowed to park commercial vehicles in the neighborhood. John Browning, 1376 Harbor Drive (34239), stated that the Commission while considering the proposed Ordinance has gone from an outright prohibition to a binding regulation forbidding certain commercial intrusion into the City's residential neighborhoods; that the residents are most affected and most potentially damaged if the Commission approves restrictions which are too liberal or intrusive; that the proposed Ordinance will be difficult to rescind if proven burdensome or damaging; that the Commission is urged to air on the side of caution; that the Commission has rejected several attempts to overly broaden the allowable commercial use in the neighborhoods in the past which is appreciated; that the regulations in the proposed Ordinance are clearly less intrusive and a compromise; that the regulations in the proposed Ordinance are intended to allow commercial type vehicles in the City neighborhoods if the residential character, quality of life, and the safety and property values of people choosing to live in the City is not affected; that while considering a Citywide regulation, individual Commissioners are requested to think beyond any individual geographical area or segment of the population, and consider the best alternatives for the entire City in the long run; that doing too little is far better than doing too much if making rules which will affect all residents of the City. BOOK 53 Page 25126 03/17/03 2:30 P.M. BOOK 53 Page 25127 03/17/03 2:30 P.M. Mary Ciner, 1714 Waldemere Street (34239), was no longer present in the Chambers. Roger Rizi, 2284 Tamisola Street, (34237), stated that he has lived in his home in the City for 14 years; that he drives a commercial vehicle and works 60 to 80 hours per week; that he will be out of business if not allowed to park his commercial vehicle at home; that driving 25 miles to pick up his commercial vehicle at work is not possible since he operates on call; that parking the commercial vehicle at his residence is necessaryi that tools are kept in the commercial vehicle; that he is on call seven days a week; that he will be laid off from his job if sufficient hours are not worked. Daniel Caron, 2235 Floyd Street (34239), stated that he has lived in his home for 19 years; that the home was purchased in the neighborhood since the neighborhood is considered working class and is affordable and a nice place to live; that his commercial vehicle is under 7000 lbs. but signage is displayed on the vehicle; that he responds to emergency calls many of which are during the middle of the night; that he cannot afford to leave the commercial vehicle at work and travel by another vehicle to pick up his work vehicle to respond to emergencies; that covering the signs is not necessary since the neighborhood is comprised of working people; that people in his neighborhood are not bothered by commercial vehicles with signage; that a neighborhood such as Harbor Acres is not a working class neighborhood; that houses in Harbor Acres similar to his are torn down and replaced by larger homes; that he will be out of business if not allowed to park his commercial vehicle at home. Francis Eckstein, 3606 Clark Drive (34234), stated that she has resided in Sarasota since 1965; that she lives in a working class neighborhood and is opposed to the proposed Ordinance; that the proposed Ordinance is too burdensome for the working people who require commercial vehicles at home to drive to and from work and also to keep jobs. Robert Billings, 2412 Clematis Street (34239), stated that he has taken notes during the meeting; that points were raised concerning lifestyles and different changes such as high rise apartments and condominiums; that he chose to live in a residential, non-deed restricted neighborhood at the time he moved to the City; that the belief is his commercial vehicle is not offensive; that the vehicle is clean, neat, and orderly and is not over 6 feet tall; that signage is on the vehicle and is required full time due to the business in which he is engaged; that residents in certain areas of the City have to work and are required to take home commercial vehicles which are necessary to respond to emergency calls; that the desire was to live in a nice neighborhood; that the commercial vehicles in the neighborhood are not similar to the vehicle driven by Jed Clampett in the Beverly Hillbillies television show; that commercial vehicles in the neighborhood are professionally maintained, painted, and are kept Clean; that the commercial vehicles are not parked on the street and do not make the neighborhood appear offensive; that he has lived in the neighborhood a number of yearsi that Commissioner Martin indicated earlier the City is in the business to grow business; that parking commercial vehicles in neighborhoods assists in growing businesses; that the issue at stake is the livelihood of the people living in the neighborhoods; that finding an alternative place to park a commercial vehicle would require purchasing an additional vehicle to drive to the commercial vehicle; that the Commission is requested to consider the issues presented. Carl Jensen, 3158 Irving Street (34237), stated that Staff indicated earlier 22 meetings have been held regarding the issue; however, he has just became aware of the issue, possibly due to being concerned with making a living and working for BOOK 53 Page 25128 03/17/03 2:30 P.M. BOOK 53 Page 25129 03/17/03 2:30 P.M. people in the City not wishing him to park in the neighborhood overnight; that people in the neighborhood are aware of the type of business in which many neighbors are engaged due to their commercial vehicles, which can be comforting; that everyone is aware commercial vehicles and tools are necessary for the people in the neighborhoods to earn a living; that some people have better looking vehicles than others; that regardless, people are attempting to earn a living; that the belief is a concern is for running out of space and the fact working class people are finally being able to afford to live in the neighborhoods; that a question is if the proposed Ordinance is an attempt to keep the working class people out of the neighborhoods. Mr. Jensen continued that business is business; that signage on his commercial vehicle is painted by a local business person; that the local business person providing the service will go out of business if signage is not allowed on his vehicle; that the local business person should be allowed to paint as much signage as he is willing to pay to have placed on the side of his commercial vehicle; that everything goes from one hand to the next; that he does not get out of bed in the morning unless someone able to afford his service calls requesting service for repairing something they do not wish to fix, cannot fix, or simply prefer his services; that everyone is living in one City; that everyone living in the City is paying extra taxes; that he owns three houses; two of which are in the County; that he could choose to live in the County; that he can now afford to live in the City; that he invested well in a home in the City and is keeping the home in good shape; that his business is involved in improving the park in his neighborhood; that he is looking forward to living in the neighborhood; that to park his commercial vehicle elsewhere will require purchasing or renting a parking space; that the Sarasota Police Department will be at increased risk having to worry about his vehicle being stolen every night; that he would be required to purchase another vehicle to drive from his home to his work vehicle to drive to homes requiring his service which is a shame; that the proposed Ordinance is good; however, the degree to which the regulations are imposed is not; that a significant number of working people live in his neighborhood; that a question is if the Commission desires the working people to move out to Desoto County or to the City of Bradenton, Florida? David Witte, 3194 Irving Street (34237), stated that he is a homeowner and a business owner in the Cityi that he is also a member of the Belleview Terrace Homeowners Association; that a Citywide ban on commercial vehicles would be detrimental to small business ownersi that fledgling businesses would suffer from an ordinance encompassing all areas of the City; that some thought can be given to designing an ordinance prohibiting commercial vehicle parking in areas which support the ordinance; that exceptions should be easily obtained in neighborhoods in which residents require commercial vehicles; that the ban is burdensome; that many residents of the City will be adversely impacted. Don Gilliland, 3110 Courtland Street (34237), stated that the previous speakers have successfully outlined the issues; that upscale neighborhoods are a part of the City; that a parked commercial vehicle is more obvious in an upscale neighborhood; that most trades people cannot afford to live in upscale neighborhoods; that most trades people live in smaller homes with less acreage; that recreation vehicles and boats are commonly parked in moderate income neighborhoods due to the costs of rental spaces; that the Commission is urged to pass a Citywide ordinance to restrict gross abuses occurring with semi- trucks, dump trucks, etc.; that only the owners of such vehicles would resist such an ordinance; that obnoxious vehicles parked in the City are inappropriate; that compassion is urged for many City residents rather than considerations of geographic areas; that enacting an ordinance which affects the livelihood of a BOOK 53 Page 25130 03/17/03 2:30 P.M. BOOK 53 Page 25131 03/17/03 2:30 P.M. percentage of City residents is inappropriate; that the ordinance will strike directly at many moderate income residents' livelihood; that other City residents will be marginally affected; that good judgment and common sense is urged to weigh decisions regarding the proposed Ordinance; that the City Administration has spent a great deal of time preparing the proposed Ordinance in an attempt to alter the appearance of the vehicles with coverings or fences; that the difficulties brought about by the proposed Ordinance will force City residents out of the neighborhoods; that the City has prided itself on diversity; that real estate values will balance the issue in time; that areas farther from the water have become more valuable; that property values will automatically resolve the areas in which commercial vehicles can be parked; that a policy directed at gross abuses would be more acceptable. Dan Carlson, 2635 Belvoir Boulevard (34237), stated that he is an owner of a furniture franchise; that the opportunity to express individual opinions is appreciated; that he has been a member of the community for approximately five years; that a van which is in excellent condition is required by the franchise rules for an owner of a franchise business; that people are born with various talents including the ability to earn money or the ability to fix objects; that his business is a success both financially and artistically; that customers are in every neighborhood in the Cityi that the sight of commercial vehicles in his neighborhood creates a sense of camaraderie; that the sight of Commissioner Quillin's car in the neighborhood creates a sense of neighborliness; that a police car parked in a driveway in the neighborhood creates a sense of security; that a wonderful sense of security comes with knowing the neighbors and the professions in which people work; that the income from the business is adequate; that extraordinary expenses can create a problem; that renting a space for the vehicle will be burdensome; that the time involved traveling to and from the vehicle will be burdensome; that the proposed Ordinance will create a financial hardshipi that furniture repair has been his livelihood for 40 yearsi that Sarasota is the best City in the world in which to live; that the restrictions imposed by the proposed Ordinance will create a difficulty in terms of the future; that the Commissioners are compassionate people; that small business owners in the City should be supported by the Commission. Linda Holland, 617 Gillespie Avenue (34236), stated that she is President of the Gillespie Park Neighborhood Association; that a file has been brought to the meeting; that the material in the file dates back to 1996; that pictures taken of commercial vehicles in the Gillespie Park neighborhood are numerous; that neighborhood meetings have been numerous; that neighborhood representatives of all the neighborhoods throughout the City have attended the meetings; that the Coalition of City Neighborhoods Association (CCNA) has spent a great deal of time endeavoring to compromise with the business community concerning commercial vehicles; that finalization of the proposed Ordinance is necessary; that residents of the City who spoke earlier at the meeting describe themselves as working people; that a perception is the phrase "working people" only applies to the earlier speakers; that she has. lived in the City for 22 years and has worked everyday; that she is an activist in the community as well; that many residents of the City invest a great deal of time and effort into the neighborhoods; that some residents may not drive commercial vehicles; however, they work also; that after working, most residents want to return to the neighborhoods; that residents want to live in residential neighborhoods not commercial or industrial areas; that the Commission is requested to consider the desire of residents to return home to neighborhoods which are free from commercial and industrial vehicles; that the January 1, 2004, compliance date is generous given the length of discussions. BOOK 53 Page 25132 03/17/03 2:30 P.M. BOOK 53 Page 25133 03/17/03 2:30 P.M. Jay Brady, 1487 Second Street, (34236), Executive Director, Gulfcoast Builders Exchange, stated that the Commission should take action; that the proposed Ordinance in its present form should not be adopted; that proposed Section VII-214 (B), Zoning Code (2003 Ed.), concerning prohibiting commercial vehicles, commercial trailers, and construction equipment would be a place to begin to correct 80 percent of the problems with commercial vehicles in the City; that Citywide compliance is the most significant problem with the proposed Ordinance; that the standards for visible commercial vehicles and buffered commercial vehicles are burdensome; that a resident with a 50 foot lot with a one car carport cannot easily comply; that a resident with a 100 foot lot with a two car garage is in a different situation; that gross vehicle weight versus empty vehicle weight is confusing; that a suggestion is to set a truck weight limit at 7,200 pounds gross vehicle weight; that a weight limit would encompass the light duty trucks thereby eliminating confusion. Mr. Brady continued that the issues of height and signage can be discussed; that a reevaluation of the proposed Ordinance is necessary relating to Citywide compliance; that the Coalition of City Neighborhoods represents approximately 25 neighborhood associations; that the Neighborhood Action Strategy Plan indicates the City has 54 neighborhoods; that the Coalition of City Neighborhoods represents one-half of the neighborhoods in the City; that an assumption is some of the 25 neighborhoods do not support the official position of the officers and the Board; that broad community support of the proposed Ordinance remains a question; that the manner in which the proposed Ordinance is drafted can create more opportunity for unlicensed contractors; that a bias is created against certain neighborhoods by the proposed Ordinance; that economic predictions are uncertain; that the proposed Ordinance furthers the insecurity of residents in the City; that small businesses can develop into larger businesses and be financially stable enough to have parking areas and security for the vehicles; that a one or two person business should work out of the home; that a plan to allow a person to work out of home would create less traffic in the City; that a business which has vehicles to provide a service to the City and its resident is required to have the vehicles to operate efficiently; that the adoption of proposed Section VII- 14 (B), Zoning Code (2002 Ed.), with the change of the truck limit to 7,200 pounds would be supported; that the proposed Ordinance in its present form requires adjustments; that neighborhood involvement is necessary for deciding the needs of the neighborhood; that essentially the proposed Ordinance is deed restricting the City. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to extend the meeting past the 9:30 p.m. deadline to finish the Agenda. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4379 by title only. On motion of Commissioner Servian and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 02-4379 on first reading. Commissioner Servian stated that the recommendation to pass proposed Ordinance 02-4379 on first reading is made with reluctance; that commercial vehicles are prohibited in the City under the existing Zoning Code (2002 Ed.); that citizens may not be aware of that fact, since the regulation has not been previously enforced; that the decision to support the proposed BOOK 53 Page 25134 03/17/03 2:30 P.M. BOOK 53 Page 25135 03/17/03 2:30 P.M. Ordinance is not an indictment against anyone having a small business with a commercial vehicle; that the proposed Ordinance will provide the necessary relief to neighbors desiring not to have commercial vehicles visible in the neighborhoods; that imposing the proposed Ordinance by neighborhood or by District would be a fairer method; that District 3 has many working class areas; that she represents District 2; that District 2 has very few blue collar, working class neighborhoods; that District 2 is not the only neighborhood requesting relief; that she has been inundated with concerns from many other neighborhoods for a long time. Commissioner Servian continued that the hope is to find a way to exempt out of the rules imposed by the proposed Ordinance neighborhood by neighborhood; that certain neighborhoods are getting neighbors to agree to becoming deed restricted; that neighborhoods desiring exemption from the Ordinance once approved could petition the Commission; that the issue has been discussed over seven years in 22 public meetings; that the concern is the issue will never be resolved if not approved at this time. Vice Mayor Palmer agreed; and stated that Staff has indicated ways neighborhoods could request exemption from the proposed Ordinance; that one neighborhood may desire more restriction than is indicated in the proposed Ordinance; that another neighborhood may desire not to allow any commercial vehicles in the neighborhood; that neighborhoods can come forward by consensus and by the processi that standards can be set for determining consensus which can be done on a neighborhood by neighborhood basis; that the concern is a significant number of areas are not covered by neighborhood associations or organizations; that as a result, the Commission must have rules which will protect the neighborhoods from parking of commercial vehicles; that parking of commercial vehicles is causing some severe problems in some neighborhoods; that a provision allowing neighborhoods to liberalize or to become more restrictive is welcome; however, at this time, the issue must be addressed Citywide; that the Commission has been wrestling with the issue for yearsi that the time has come to make a decision and to consider the alternatives mentioned. Commissioner Quillin stated that rules currently exist which indicate no commercial vehicles are allowed within a residentially zoned area; that approving the proposed Ordinance at this time allows commercial vehicles, pickup trucks, and vans to park in residential neighborhoods; that people presently parking commercial vehicles each night in residential neighborhoods are doing sO illegally; that the working neighbors are supported; that the proposed Ordinance is the first step towards legally allowing people to park commercial vehicles at home; that most of the lots in District 3 are 50 to 70 feet wide; that buffering is a problem; that the proposed Ordinance is a beginning; that Carolina Estates, Belleview Terrace, Poinsettia Park, Avalon, and Eastwood neighborhoods are not involved in the Coalition of City Neighborhoods Association; that areas exist in District 3 which are deed restricted; that commercial vehicles are not allowed in the Tallywood or Glen Oaks Manor neighborhoods; that the plan is for a District 3 Advisory Board to address conflicts within the District. Commissioner Quillin continued that the State Statutes exempt eme: rgency vehicles and police vehicles from regulations governing commercial vehicles in residential neighborhoods; that the State Statutes also indicate pest control companies must have signage visible at all times due to chemicals being contained in the vehicles; that a request is to address the issue prior to voting on the motion. Attorney Schenk stated that the City Attorney's Office will research the issue between first and second reading; that BOOK 53 Page 25136 03/17/03 2:30 P.M. BOOK 53 Page 25137 03/17/03 2:30 P.M. appropriate language can be included in the exemptions if applicable. Commissioner Quillin stated that the proposed Ordinance is pleasing; that the proposed Ordinance will assist small businesses in the neighborhoods and will also assist larger business by controlling costs to the consumer; that a reason for being allowed to take commercial business vehicles home is to reduce travel time to service calls; that the proposed Ordinance is appreciated; that four years have been spent on the issue; that providing relief to some neighborhoods is pleasing. Commissioner Martin stated that the opinions expressed by fellow Commissioners are shared; that finding the appropriate balance is the reason the proposed Ordinance has taken SO long to develop; that the Commission has struggled with the arguments and concerns raised by individual speakers; that a method to legalize commercial vehicles in residential neighborhoods was being sought; that people can continue parking commercial vehicles in neighborhoods; that the matter relates to restrictions concerning visibility of signage and tools; that a standard for curb appeal and aesthetics is important in Sarasota; that the standard is higher than other communities; that the landscaping standard is evident between Sarasota and other communities; that the difference can be seen crossing into other municipalities; that the January 2004 effective date allows for people to comply with the proposed Ordinance which is personally very important; that the desire is to impose the proposed Ordinance with a soft touch; that the desire is not for being overly punitive; that controlling the parking of commercial vehicles in neighborhoods has been a concern for many years; that he is sympathetic to the concern; that the desire is for being considerate of real life situations in the neighborhoods; that the proposed Ordinance achieves the necessary balance to the greatest extent possible; that the proposed Ordinance may require change in the future but serves the necessary purpose at this time. Commissioner Martin stated that a perception exists the Commission may treat some Districts differently than others; that Districts which are treated differently from other Districts causes further separation; that the desire is for being one Cityi that being a City of different standards is not supported; that the enforcement of certain regulations is in more demand in some neighborhoods than in others; that issues have arisen concerning different standards for public housing and City housing which the Commission does not support; that the proposed Ordinance should be enforced Citywide; that he is sympathetic to the arguments presented; that the proposed Ordinance caters to the arguments to the greatest possible extent. Mayor Mason stated that the majority of District 1 has a problem with commercial vehicles parking in residential neighborhoods; that she is sympathetic towards the neighborhoods; that one neighborhood will be hurt by the proposed neighborhood; that the hope was to discuss an overlay district for the neighborhoods; therefore, the proposed Ordinance is not supported. Commissioner Servian asked if the proposed Ordinance will still be supported by individual Commissioners if the provision allowing for the use of tarps to cover commercial vehicles is removed; that the PBLP recommended deleting any provision allowing for tarps from the proposed Ordinance; that the provision was not removed; that the desire is to have the provision removed. Vice Mayor Palmer agreed. BOOK 53 Page 25138 03/17/03 2:30 P.M. BOOK 53 Page 25139 03/17/03 2:30 P.M. Attorney Schenk stated that the request is to remove the following language from the proposed Ordinance in Section VII- 214 (C) (1) (c) (ii), Zoning Code (2002 Ed.): The restrictions upon size of signage in subparagraph C(c) (i) shall not be applicable if the visible commercial vehicle is complete covered with a professionally manufactured motor vehicle cover securely fastened to the vehicle completely covering all signage with opaque material. Commissioner Quillin stated that removing the provision allowing for tarps is not supported; that she is disappointed; that businesses which have franchises and are required certain signage on commercial vehicles should be provided relief by being able to cover commercial vehicles during evening hours; that franchises are specific concerning signage displayed on commercial vehicles; that having a franchise business owner go out of business is not desired; that leaving the provision in the proposed Ordinance is supported; that the issue should be reviewed; that the intent is for an additional motion to review the proposed Ordinance one year after implementation; that Staff and neighborhoods can be requested to provide reports; that franchise owners have contacted her; that the intent is to fight for leaving language relating to tarps in the proposed Ordinance; that franchise owners are willing to have custom tarps made which are very expensive; that franchise owners operate mostly vans; that the franchise Owners wish to remain in the neighborhoods; that City taxes are paid; that selling homes and moving elsewhere is not an option. On motion of Commissioner Servian and second of Vice Mayor Palmer, it was moved to amend the motion to pass the proposed Ordinance with the deletion of Section VII-214 (C) (1) (c) (ii), Zoning Code (2002 Ed.), regarding motor vehicle covers. Commissioner Martin stated that the language in Section VII-214 (C) (1) (c) (iii), Zoning Code (2002 Ed.), should not include reference to Section VII-214 (C) (1) (c) (ii), Zoning Code (2002 Ed.). Attorney Schenk stated that the change will be made. Mayor Mason called for a vote on the amendment. Motion carried (3 to 2): Martin, yes; Palmer, yes; Quillin, no; Servian, yes; Mason, no. Mayor Mason restated the motion as to pass proposed Ordinance No. 02-4379 as amended with the deletion of Section VII-214 (C) (1) (c) (ii), Zoning Code (2002 Ed.). Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1) : Servian yes; Martin, yes; Mason, no; Palmer, yes; Quillin, yes. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to direct Staff to provide a report regarding enforcement of Ordinance No. 02-4379 and any provisions and recommendations for change one year from the effective date. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yesi Mason, yes. 26. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 9:53 There was no one signed up to speak. BOOK 53 Page 25140 03/17/03 2:30 P.M. BOOK 53 Page 25141 03/17/03 2:30 P.M. 27. NEW BUSINESS : PRESENTATION RE: THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 = RECEIVED REPORT (AGENDA ITEM XIII-1) CD 9:53 through 9:57 Gibson Mitchell, Director of Finance, came before the Commission and stated that the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2002, is being presented; that the Finance Department has prepared the CAFR in accordance with Governmental Accounting Standards Board Statement No. 34; that the appearance of the CAFR is different; that the accuracy and completeness of the data as well as the fairness of the presentation, including disclosures, are the responsibilities of the City; that the purpose of the new CAFR is to help readers: Assess the City's operating results; - Determine if the overall financial position of the City has improved or deteriorated; Review the cost of providing services to citizens; - Understand the investment in capital assets including roads, bridges, and other infrastructure; and Compare differences between governments. Mr. Mitchell stated that the CAFR represents countless hours of preparation which could not have been accomplished without the dedicated efforts of the employees of the Accounting and Finance Departments; that the financial statements have been examined by Purvis, Gray & Company, Certified Public Accountants as required by Article IV, Section 9, City of Sarasota Charter (1996) (City Charter); that an unqualified opinion is presented in the report; that the City received the Certificate of Achievement for Excellence in Financial Reporting for its CAFR for the fiscal year ending September 30, 2001, which was the 21st consecutive year the City has received the prestigious award; that anticipation is the new CAFR will also be awarded the Certificate of Achievement; that recommendation is to receive and accept the CAFR for the fiscal year ended September 30, 2002. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to receive and accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2002, and commend the employees of the Accounting and Finance Departments for their efforts. Commissioner Martin stated that the work produced by the employees of the Accounting and Finance Departments instills confidence in the City. Mayor Mason call for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 28. NEW BUSINESS: APPROVAL RE : AUTHORIZE ADMINISTRATION S RESPONSE TO THE 2001-2002 AUDITORS' MANAGEMENT LETTER APPROVED (AGENDA ITEM XIII-2) CD 9:57 through 10:03 Gibson Mitchell, Director of Finance, came before the Commission and stated that on March 6, 2003, Purvis, Gray & Company, Certified Public Accountants, the external auditors, issued a management letter which summarizes the findings of the external audit which was completed on December 3, 2002; that the Administration's response to the auditors' management letter is in included in the Agenda Backup material; that Joseph Welch, Audit Partner, and Jim Kading, Audit Manager, Purvis, Gray & Company, Certified Public Accountants are present and available for questions; that the City is required to provide a written BOOK 53 Page 25142 03/17/03 2:30 P.M. BOOK 53 Page 25143 03/17/03 2:30 P.M. statement of explanation, including corrective action taken, to the governing body within 30 days; that the City Manager and the City Auditor and Clerk will forward the Administration's response to the Auditor General after the Commission accepts the Administration's response to the management letter; that the recommendation is to approve the Administration's response to the management letter. Vice Mayor Palmer referred to the March 11, 2003, memorandum, to City Manager McNees from Gibson Mitchell, Director of Finance, regarding Auditor's Management Letter for the Fiscal Year Ended September 30, 2002, and stated that Legal and Law Enforcement Expenditures are a concern; that the recommendation regarding the benefit of an in-house attorney or legal staff should be considered; that a study should be conducted to determine if the recommendation may be appropriate at this time; that the expenditures of the Sarasota Police Department have been identified as one of the highest compared to other cities; that the Sarasota Police Department is outstanding; however, the high expenditures should be evaluated objectively; that the Administration is requested to respond to both issues. City Manager McNees stated that a review of the Sarasota Police Department is part of the annual budget processi that options and comparative costs regarding in-house counsel can be reviewed with the City Attorney's Office; however, a review may be more appropriate by the Commission rather than another Charter Official. Vice Mayor Palmer stated that the issue has been discussed during previous budget processes; that the City Attorney is aware of the recommendation for in-house counsel; that an evaluation of cost options for in-house counsel should be provided. City Manager McNees stated that the Administration will assist in the process of identifying cost summaries; that the Charter Officials have separate budgets; that for example, the City of Sarasota Charter (1996) (City Charter) was recently amended to provide for Commission approval of the budget for the Office of the City Auditor and Clerk. Commissioner Servian stated that she recently requested the issue be added to the Agenda of an April 2003 Commission meeting; that documentation from other cities with outside and in-house counsel is necessary for a comparison; that Sarasota County previously converted from outside to in-house counsel; that a meeting is in the process of being scheduled with the County Attorney to provide input on the issue; that a discussion occurred with the City Attorney regarding a reduction in legal costs and the move toward in-house counsel; that the recommendation from the external auditors is not a surprise; that the legal costs for the City are out of control. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the Administration's response to the management letter. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 29. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 10:03 through 10:09 COMMISSIONER SERVIAN : A. stated that the Economic Development Board (EDB) met on March 5, 2003; that a summit will be held on April 16, 2003, from 8 a.m. to 12 noon; that the summit will be conducted by the consultant who is pertorming the update to the 5-year Economic Development Plan; that BOOK 53 Page 25144 03/17/03 2:30 P.M. BOOK 53 Page 25145 03/17/03 2:30 P.M. additional information will be provided to the Commission. VICE MAYOR PALMER: A. stated that the Tourist Development Council (TDC) meeting is scheduled for March 20, 2003, to discuss issues regarding a proposed conference center. 30. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XV) CD 10:09 through 10:20 COMMISSIONER SERVIAN: A. stated that the Megahouse Ordinance was adopted approximately one year ago, at which time the Commission requested the Administration provide a report after one year; that the Administration is requested to provide a status report regarding the Megahouse Ordinance. VICE MAYOR PALMER: A. asked the status of the forum scheduled for March 20, 2003? City Auditor and Clerk Robinson stated that a forum hosted by the Mayor regarding the County's proposal to move the County Administration Center to the former Arthur Andersen building is scheduled for 6:30 p.m., March 20, 2003, in the Marie Selby Botanical Gardens Activities Room; that the City requested the County make a presentation; however, the presentation by the County has not been confirmed; that rescheduling the forum may be necessary. Vice Mayor Palmer stated that delaying the forum is not desired; that the County has scheduled a public hearing concerning the issue of the possible relocation of the County's administrative offices for April 8, 2003; that the forum should be held regardless of the County's attendance. Commissioner Servian agreed. B. stated that the Commission requested a consistent format for the annual report of the City's Advisory Boards; that the current format is difficult to follow and a concern; that for example, the understanding is a few members of the County's Community Development Advisory Board have resigned; that Jennifer Wilson may have been one of the members who resigned; however, the information cannot be determined accurately from the annual report. City Auditor and Clerk Robinson stated that one vacancy exists for the County's Community Development Advisory Board for a City resident; that applications have been received for the vacancyi that an appointment to the County's Community Development Advisory Board vacancy is scheduled for the April 7, 2003, Regular Commission meeting. Vice Mayor Palmer referred to the 2002 Annual Board Reports included in the Agenda backup material and stated that several Boards approved authorized absences for members; and asked if such an authorization is consistent with the Sarasota City Code (1986 as amended)? City Auditor and Clerk Robinson stated that an absence can be excused with Board approval. Commissioner Quillin asked for clarification of an excused absence. BOOK 53 Page 25146 03/17/03 2:30 P.M. BOOK 53 Page 25147 03/17/03 2:30 P.M. City Auditor and Clerk Robinson stated that the City Code allows the Board to excuse a member's absence. Commissioner Quillin stated that the reason for each absence should be indicated. City Auditor and Clerk Robinson stated that the reason for the absence should be reflected in the minutes of the Advisory Board. Commissioner Quillin stated that Advisory Board minutes are not always available to the Commission; that the purpose and the date of approval of an excused absence should be reflected in the Annual Board Reports. Vice Mayor Palmer stated that a consistent format for the Annual Board Reports is desired. COMMISSIONER MARTIN: A. distributed a newsletter regarding Aquarian Quest and stated that the Third Annual Aquarian Quest Water and Wooden Boat Festival held on March 16, 2003, was attended; that Aquarian Quest received Celebrate Sarasota grant funding to assist with the festival. B. stated that a State grant was received by The Players Theatre for an exchange trip for a delegation of six representatives to travel to China; that the six members of the community are: City Manager McNees, Patricia Caswell, Executive Director, Sarasota Arts Council, Dr. Carolyn Bloomer, Professor, Ringling School of Art and Design, Kathleen Baylis, Chamber of Commerce, Frank Kovach, Chair, Sarasota County School Board, and himself. COMMISSIONER QUILLIN: A. distributed commemorative "It's a fair thing" pins to the Commissioners who were unable to attend the VIP dinner held on March 15, 2003, at the Sarasota County Fair; and stated that the Sarasota County Fair is celebrating the City's 100th anniversary; that each year she is a judge for the Science and Environmental and Engineering Projects; that the winning exhibits are excellent; that the overall winner was a project regarding ladybugs by a second grade student; that the project was impressive. B. referred to the Tour of Homes Upstairs Downtown brochure distributed earlier and stated that the brochure is impressive; that the hope is the information is being distributed through the Sarasota Convention and Visitors Bureau and the Chamber of Commerce. C. stated that the Avalon Neighborhood has been increasing traffic abatement task force efforts near Tuttle Elementary School; that a constituent requested a pedestrian crosswalk across Lockwood Ridge Road at Eighth Street; that the existing sidewalk is located on the eastern part of Lockwood Ridge Road; that drivers are not slowing down for pedestrians in the area; that Staff should evaluate streets near City parks and schools to ensure identifiable crosswalks with signage are appropriate for the area. D. referred to a March 5, 2003, letter to W.J. Whetzel from City Auditor and Clerk Robinson regarding the St. John Cemetery and stated that the City's delay in responding BOOK 53 Page 25148 03/17/03 2:30 P.M. BOOK 53 Page 25149 03/17/03 2:30 P.M. to Mr. Whetzel regarding the possible purchase of the cemetery is surprising; that the Administration is requested to provide a report regarding the issue; that St. John Cemetery has been a labor of love for many people in the community; that the City is duty bound to honor the final resting place of citizens in the City. MAYOR MASON: A. distributed a brochure regarding the Rosemary Cemetery. B. stated that the number of attendees for the first Neighborhood Action Strategy for Bayou Oaks was excellent. C. stated that black mold is a problem at some of the public housing complexes, specifically at Janie Poe; that Code Enforcement is working with the Sarasota Housing Authority (SHA) to resolve the problem; that the SHA Executive Director is requesting in writing that the Health Department evaluate the situation and provide a report back addressing the problem; that black mold is not a new issue for the public housing complexes; that a student created a documentary as a school project regarding the black mold problem; that part of the documentary was broadcast on WWSB-TV Channel 40; that several apartments have been visited; that black mold was visible behind beds. 31. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVI) CD 10:20 through 10:21 CITY AUDITOR AND CLERK ROBINSON: A. stated that an out-of-sunshine, attorney-client session will be scheduled during the week of March 17, 2003. B. stated that proposed Ordinance No. 02-4379 regarding Commercial Vehicles requires two public hearings; that the second public hearing is scheduled for the April 7, 2003, Regular Commission meeting. 32. ADJOURN (AGENDA ITEM XVII) CD 10:21 There being no further business, Mayor Mason adjourned the Regular meeting of the City Commission of March 17, 2003, at 10:21 p.m. aat Maan CAROLYN 5. MASON, MAYOR EST - B Re C 90 - BILLE $9 ROBINSON, CITY AUDITOR AND CLERK BOOK 53 Page 25150 03/17/03 2:30 P.M.