BOOK 57 Page 28537 09/07/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 7, 2004, AT 2:30 P.M. PRESENT: Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Mayor Richard F. Martin, visiting Perpignan, France, as part of the Sister Cities program PRESIDING: Vice Mayor Servian The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:32 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:32 through 2:35 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add to the beginning of the Agenda Special Presentation, Item No. 1, Presentation Re: Hurricane Frances Damage Summary, per the request of City Manager McNees. B. Add Consent Agenda No. 2, Item No. IV-B-8, Adoption Re: Proposed Emergency Ordinance No. 04-4582, declaring Ordinance No. 04-4581 null and void; finding that no present danger exists which would necessitate the exercise of emergency power pursuant to applicable Florida Statutes; etc., per the request of City Attorney Taylor. C. Add under Board Appointments, Item No. V-1, Appointment Re: Parks Advisory and Recreation Council of Sarasota County, per the request of City Auditor and Clerk Robinson. D. Add Non Quasi-Judicial Public Hearing, Item No. XIV-A- 1 (b), Public Hearing Re: Proposed Agreement among the City of Sarasota; Dwayne, Inc., the subject property owner; and the Museum of Asian Art, Inc., a non-profit 501(c) (3) corporation, to regulate and restrict the use and development of the property subject to Comprehensive Plan Amendment Application 03-PA-04 and adjacent property to the west held in common ownership. Proposed Ordinance 04-4556 would reclassify the eastern portion of this property from the Single-Faaily-woderate Density Future Land Use classification to the Community Commercial classification, per the request of Assistant City Attorney Fournier. Vice Mayor Servian asked if the Commission has any objections to the Changes to the Orders of the Day. On motion of Commissioner Palmer and second of Commissioner Bilyeu it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 2. SPECIAL PRESENTATION: PRESENTATION RE: : HURRICANE FRANCES DAMAGE SUMMARY CD 2:35 through 2:52 City Manager McNees stated that a brief assessment of the manner in which the City fared during the storm will be provided; that the City will file information with the Federal Emergency Management Agency (FEMA) for reimbursement purposesi that sufficient time existed to make an assessment. Peter Abbott, Chief, Sarasota Police Department, Dennis Daughters, Director of Engineering/City Engineer, and William Hallisey, Director of Public Works, came before the Commission. Mr. Hallisey stated that the City fared well compared to other Florida cities; that Staff was assigned responsibilities on Saturday, September 4, 2004; that approximately 50 employees were selected for preparations; that the City's utility systems performed well; that no water or sewer failures occurred; that numerous power outages occurred; that the outages affected eight of the sanitary sewer pump stations; that the stations were either tankered to keep the flows down or standby generators were placed by Staff; that two stations had small backups with minimal impacts; that the Verna Well Field performed well as the system's BOOK 57 Page 28538 09/07/04 2:30 P.M. BOOK 57 Page 28539 09/07/04 2:30 P.M. underground status allows the City to retain operation; that the Verna Well Field experienced roof damage to a building which will require a few thousand dollars for repair; that the most significant challenge will be debris removal; that debris removal will cost approximately $100,000; that 16 traffic signals were damaged and have been returned to service; that approximately 24 trees fell into roadways and have been removed; that many trees will require trimming; that the majority of trees which are leaning can be salvaged; that Staff is evaluating which trees can be salvaged; that solid waste was not collected on September 6, 2004; however, solid waste collection will resume today; that the Lido Pavilion received minor damage to the outside sheathing; that the lawn bowling facility received minor damage; that the roof at the City's compost plant suffered minor damage; that the estimate for Public Works costs are approximately $300,000. Mr. Hallisey referred to photographs throughout the presentation displayed on the Chamber monitors and stated that a Staff member who is living in a shelter due to damage from Hurricane Charley assisted over the weekend; that the photographs depict the following: Work crews at work at Jefferson Avenue and Fruitville Road The damaged lawn bowling court. Areas along the Bayiront which suffered damage. Commissioner Atkins asked if a power outage occurred at the pumping station at Orange Avenue near 29th Street? Mr. Hallisey stated that if a power outage occurred at the pumping station at Orange Avenue and 29th Street is not known; that the list of power outages at pumping stations will be reviewed. Commissioner Atkins stated that drainage was stopped up in the area; that a manhole cover was floating; that the question is if the overflow was related to drainage. Mr. Hallisey stated that the overflow was related to drainage on the north side; that the only problem was a malfunctioning pumping station on Sarasota Bay in Indian Beach Sapphire Shores. Commissioner Atkins asked if sewage lines have manhole covers? Mr. Hallisey stated that storm and sanitary sewers have manhole covers; that Staff will report back regarding the water overflow. Mr. Daughters referred to photographs displayed on the Chamber monitors depicting the height of the waves at Lido Beach during Hurricane Frances; that Lido Beach suffered little damage; that some loss of sand occurred; that the hope is the sand temporarily moved offshore and will return; that the amount of white sand which remained was surprising and pleasing; that Bill Nelson, US Senator, State of Florida, has requested the City's lobbyist, Howard Marlowe, for an assessment of damages to all beaches in the State; that FEMA has inquired regarding the City's damages. Vice Mayor Servian stated that she was at Lido Beach on September 6, 2004; that considering the height of the tide, determining the amount of remaining sand was difficult; that she called the City Manager to indicate a concern regarding the significant loss of sand; that as the tide receded, most of the sand remained. Mr. Daughters stated that the water level was close to the dunes; however, no damage to the dunes occurred, which is pleasing. Commissioner Palmer stated that she spoke with Nora Patterson, Commissioner, Sarasota Board of County Commissioners, regarding the damage at the proposed mooring field at the Bayfront; that Commissioner Patterson indicated a meeting will be held either Friday, September 10, or Friday, September 17, 2004; that an assessment of the amount of damage should be prepared to request funding from West Coast Inland Navigation District (WCIND) Board; that receiving the assessment quickly would be appreciated. Chief Abbott stated that the assessment will be prepared during the afternoon of September 7, 2004; that police officers are currently at the mooring field to determine the specific number of boats which broke away from moorings; that approximately 20 boats broke away from moorings; that some boats have already been recovered by the owners; that some boats were secured by neighbors; that Staff is attempting to contact boat owners to retrieve the boats; that three boats sunk at the moorings; that one sailboat was tossed onto shore near Marie Selby Botanical Gardens; that remaining boats will be tagged and removed; that the cost of the removal of boats will be reimbursed by FEMA disaster funds which will avoid the necessity of using WCIND funds. BOOK 57 Page 28540 09/07/04 2:30 P.M. BOOK 57 Page 28541 09/07/04 2:30 P.M. Commissioner Palmer stated that the appropriate information should be forwarded to the Commission. Chief Abbott stated that the intormation will be provided September 8, 2004. Chief Abbott continued that Staff was in place at the Emergency Operations Center (EOC) during the storm; that no significant flooding occurred; that some trees were blown down and immediately removed; that police officers directed traffic at intersections which required re-setting of traffic lights; that many people remained in the City; that some people were outdoors which was not advisable; that the volume of rain expected did not occur; that the winds arrived after the storm had passed; that police crews were taken off the road as winds exceeded 45 miles per hour for a sustained period of approximately three hours in the early hours of September 6, 2004; that few calls for service occurred during the early morning hours as people were home for the Labor Day holiday; that many people were not aware the police crews were recalled; that the police crews were returned to service subsequent to the cessation of the high winds. Vice Mayor Servian asked for clarification regarding the Closure of the John Ringling Causeway Bridge (Bridge) . Chief Abbott stated that the Bridge was not closed due to a structural problem; that construction of a roof near the Bridge is ongoing; that debris was blowing around in the area; that flying debris such as tarpaper could cause hazards to driving. Commissioner Bilyeu asked if tree cleanup is reimbursed by FEMA? Mr. Hallisey stated that debris removal costs are reimbursed by FEMA; however, FEMA does not reimburse the cost of replacing lost trees. Commissioner Bilyeu stated that an announcement on celevision regarding solid waste pickups in Sarasota did not indicate City or County pickups; that the pickups should be differentiated between the City and County; that at the time power surges occur, one side of the traffic lights remains yellow and the other side remains red; that all intersections with traffic lights become four-way stops during hurricanes; that most of the people were abiding by the rule; that all the lights should be flashing red; that people stop if the signal is red; however, people do not normally stop at a yellow light. Mr. Daughters stated that the traffic lights will go into the red and yellow mode subsequent to a temporary power failure; that the yellow light is for the high traffic volume and has the right-of- wayi that the red light requires stopping; that the intersection becomes a four-way stop if the electricity is completely out. City Manager McNees stated that AccessSarasota Channel 19 and the local affiliate, Channel 7, specified solid waste pickup schedules for North Port, Longboat Key, Sarasota County, and the Cityi that the Administration will attempt to ensure other broadcasts are more specific; that significant concern surrounded the major construction sites; that he and Staff toured the Downtown immediately prior to the prediction of the high winds; that the preparations on the construction sites were excellent; that the developers took the situation seriously and acted accordingly. Vice Mayor Servian stated that a concern was debris would be flying off the construction sites; that the building sites were clean. Commissioner Palmer asked for clarification regarding the requirement of permits for tree removal. City Manager McNees that he is not prepared to make an announcement; that the questions should be directed to the Building, Zoning and Code Enforcement Department; that people are allowed remove downed trees. Commissioner Palmer stated that disseminating information would be helpful. Vice Mayor Servian stated that the Charter Officials and Department Heads are thanked for maintaining safetyi that two storm events have occurred in three weeks; that the confidence level has been raised regarding the City being in good hands during an emergency. City Manager McNees stated that God kept the City safe; that the City merely helped Clean up after the storm. Vice Mayor Servian asked if any Commissioner wished to remove an item from Consent Agenda Nos. 1 or 2. BOOK 57 Page 28542 09/07/04 2:30 P.M. BOOK 57 Page 28543 09/07/04 2:30 P.M. Commissioner Palmer requested that Consent Agenda No. 1, Item No. IV-A-6, concerning execution of the First Extension of Lease Agreement between the City of Sarasota and the County of Sarasota for the Sarasota County Law Library be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. IV-A-6, will be considered under New Business as Agenda Item No. VII-1, which will be heard in the afternoon session. Commissioner Bilyeu requested that Consent Agenda No. 1, Item No. IV-A-9, concerning the Sidewalk Placement and Curb Construction Project be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. IV-A-9, will be considered under New Business as Agenda Item No. VII-2, which will be heard in the afternoon session. Commissioner Palmer requested that Consent Agenda No. 2, Item No. IV-B-8, concerning revocation of Emergency Ordinance No. 04-4581 be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. IV-B-8, will be considered under New Business as Agenda Item No. VII-3, which will be heard in the atternoon session. Commissioner Atkins requested that Consent Agenda No. 2, Item No. IV-B-1, concerning adoption of proposed Resolution No. 04R-1761 to approve the Joint Application with Sarasota County to amend the boundaries of the Sarasota County/City of Sarasota Enterprise Zone Development Agency be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. IV-B-1, will be considered under New Business as Agenda Item No. VII-4, which will be heard in the afternoon session. 3. CITIZENS' INPUT CONCERNING CITY TOPICS REFERRED THE ISSUES ADDRESSED BY EACH SPEAKER TO THE ADMINI: STRATION (AGENDA ITEM I) CD 2:52 through 2:59 The following people came before the Commission: Carolyn Mason, 1495 18th Street (34234), stated that the Urban Infill and Redevelopment Area issue will be addressed; that initially, a planning grant for the Newtown area through the Urban Infill and Redevelopment Area program was applied for in 2001; that the Urban Infill and Redevelopment Area program and the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) are the same; that the Urban Infill and Redevelopment Area program was prepared to position the Newtown area to apply for an Urban Infill and Redevelopment Area designation at the time the City approved the Newtown Plan; that the suggestion is at the time the City applies for certain grants and designations records should be reviewed to determine if previous applications have been made as the current Commission is composed differently; that a different City Manager and Commission existed in 2001; therefore, few recall past applications; that Staff has changed in the Planning and Redevelopment Department; that the Urban Infill and Redevelopment Area designation is wonderful; that the City moving forward with applying for the designation is pleasing; that the revelation $13,500 from a previous planning grant was returned was distressing; that the reason the funds were not used is unknown and is a tragedy; that in the future all funds should be expended. Richard Thomas, 2322 Alameda Avenue (34234), stated that a conversation was held with Vice Mayor Servian on August 25, 2004, concerning encroachments into the public right-of-way which was helpful; that thanks are expressed to Vice Mayor Servian for the opportunity for discussion. Mr. Thomas referred to a handout entitled Encroachments Into the Public Right-of-Way and stated that the buried dog fence at 4420 Bayshore Road has been removed and the City should remove the Encroachment Agreement; that a fence in the proper location has been installed; that an encroaching fence has been installed at 2000 Alameda Avenue which blocks the public access in a public right-of-way to Whitaker Bayou; that the right-of-way has existed since the 1880s; that the fence does not comply with the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) ; that the City entered into a Right-of-Way Agreement with the encroacher allowing blockage of the right-of-way; that the public should have access to the water; that terminating the Right-of-Way Agreement is requested; that opening the right-of- way three feet will be sufficient for pedestrians to enjoy the use of the right-ot-way; that procedures are not being followed; that the City is not providing 30-day notices to the encroachers; that the City is not obtaining the written request to enter into an agreement which is required by the Zoning Code (2002 Ed.); that the duties assigned as City Staff being both BOOK 57 Page 28544 09/07/04 2:30 P.M. BOOK 57 Page 28545 09/07/04 2:30 P.M. police and judge is not compatible and creates a conflict of interest; that the suggestion is the Board of Adjustment should adjudicate the encroachments. Vice Mayor Servian stated that the Commission's consensus is the issues addressed by each speaker are referred to the Administration. 4. APPROVAL RE: MINUTES OF THE EMERGENCY CITY COMMISSION MEETING OF AUGUST 12, 2004, AND THE REGULAR CITY COMMISSION MEETING OF AUGUST 16, 2004 APPROVED WITH CHANGES INDICATED (AGENDA ITEM II) CD 2:59 through 3:01 Vice Mayor Servian asked if the Commission had any changes to the minutes? Commissioner Bilyeu stated that Agenda Item XIV-A-6 should be changed to properly identify Attorney Charles Bailey as Attorney Charles Bailey, Jr. Vice Mayor Servian stated that paragraph B. under Agenda Item XVI, Remarks of Commissioners, Announcements and Items for Next Agenda, should indicate early voting rather than absentee voting. Vice Mayor Servian stated that hearing no further changes, the minutes of the Emergency City Commission meetings of August 12, 2004, and the Regular City Commission meeting of August 16, 2004, are approved with changes indicated by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NO. 1 (ITEM NO. IV-A-1) APPROVED, I 2 (ITEM NO. IV-A-2) - APPROVED / 3 (ITEM NO. IV-A- 3) - APPROVED, 4 (ITEM NO. IV-A-4) = APPROVED, 5 (ITEM NO. IV-A-5) APPROVED L 6 (ITEM IV-A-6) REMOVED FOR DISCUSSION, 7 (ITEM NO. IV-A-7) = APPROVED, 1 8 (ITEM NO. IV- A-8) APPROVED, 1 9, (ITEM NO. IV-A-9) REMOVED FOR DISCUSSION 10 (ITEM NO. IV-A-10 APPROVED 1 11 (ITEM NO. IV-A-11) - APPROVED, 1 12 (ITEM NO. IV-A-12) - APPROVED, 13 (ITEM NO. IV-A-13 APPROVED, / 14 (ITEM NO. IV-A-14) - APPROVED, 1 and 15 (ITEM NO. IV-A-15)- - APPROVED (AGENDA ITEM IV-A) CD 3:01 through 3:02 1. Approval Re: Set for public hearing proposed Ordinance No. 03-4474, amending Chapter 24, Article II, Division 2, Fire, of the Code of the City of Sarasota, amending the Firefighters' Pension Plan; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 04-4537, amending and restating Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, Sections 24-96 through 24-117, inclusive, of the Code of Ordinances of the City of Sarasota; etc. 3. Approval Re: Set for public hearing proposed Ordinance no. 04-4545, creating an advisory board known as the Bobby Jones Golf Course Advisory Board; making findings; stating the purpose of the board; providing for the qualifications and terms of members; providing for the severability of the parts hereof if declared invalid; etc. 4. Approval Re: Set for public hearing proposed Ordinance no. 04-4575, amending the Sarasota City Code, Chapter 2, Administration, Article VI, Finance, Purchasing and Sales, Division 3, Competitive Bids sO as to modify the minimum threshold at which competitive bidding shall be required for certain documents; etc. 5. Approval Re: Affirm Planning Board/Local Planning Agency Resolution, recommending approval of Major Conditional Use Application No. 04-CU-08 to amend previously approved Major Conditional Use No. 02-CU-14 and Site Plan No. 02-SP-49 regarding a motor vehicle sales agency generally located north of Hansen Street and west of Brown Avenue; said Major Conditional Use is depicted within Site Plan Application No. 04-SP-27 describing a unified development in the Commercial Intensive (CI), Commercial General (CG), and Commercial General District (CGD) Zone Districts; said Conditional Use consisting of the easterly portion of Lot 3, Lynwood Park subdivision in the CGD Zone District be utilized for the parking of motor vehicles in conjunction with the operation of an approved motor vehicle sales agencyi additionally, a storm water vault is allowed as a permitted use on said Lot 3 in the Commercial General District (CGD) Zone District; requiring the motor vehicle sales agency is constructed in accordance with approved Site Plan Application No. 04-SP-27 and providing for conditions of the recommendation of the Planning Board; etc. BOOK 57 Page 28546 09/07/04 2:30 P.M. BOOK 57 Page 28547 09/07/04 2:30 P.M. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Burns Court Major Encroachment Agreement for the proposed residential condominium development. 8. Approval Re: Selection of Post, Buckley, Schuh & Jernigan (PBS&J) as Consultant for RFP #04-06# West Bayfront Multi-Use Recreational Trail a portion of the Sarasota Recreational Trail; approve the Consulting Services Agreement between the City of Sarasota and PBS&J for Alignment Report and Public Involvement Phase in the amount of $150,000; and authorize the Mayor and City Auditor and Clerk to execute the Agreement. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Kenneth P. Jones and Jane E. Burke for connection to the City of Sarasota's water distribution system and the sanitary sewer system for a developed site located at 1706 Hanson Street. 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Kenneth P. Jones and Jane E. Burke for connection to the City of Sarasota's water distribution system and the sanitary sewer system for a developed site located at 3959 Sunshine Avenue. 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Jeffrey J. Ferro and Davey Ann Ferro for connection to the City of Sarasota's water distribution system and the sanitary sewer system for a developed site located at 1626 Hanson Street. 13. Approval Re: Proposed First Amendment to Interlocal Agreement between Sarasota County and the City of Sarasota regarding Sarasota County/City of Sarasota Enterprise Zone and Enterprise Zone Development Agency. 14. Approval Re: Collateral Assignment of Lessee's Interest in Lease Agreement and Consent of Lessor to Collateral Assignment of Lease Agreement concerning Mattison's Grille. 15. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute the Extension of Agreement between the City of Sarasota and Grubbs Emergency Services, LLC, subject to the terms and conditions of the original agreement dated September 20, 2002. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4 5, 7, 8, 10, 11, 12, 13, 14, and 15. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1761) REMOVED FOR DISCUSSION; ITEM 2 (RESOLUTION NO. 04R-1800) ADOPTED, ; ITEM 3 (RESOLUTION NO. 04R-1804) = ADOPTED : ITEM 4 (RESOLUTION NO. 04R-1805) = ADOPTED; ITEM 5 (ORDINANCE NO. . 03-4502) ADOPTED; ITEM 6 (ORDINANCE NO. 04-4564) - ADOPTED, ; ITEM 7 (ORDINANCE NO. 04-4571) = ADOPTED; ITEM 8 (ORDINANCE NO. 04-4582) - REMOVED FOR DISCUSSION (AGENDA ITEM IV-B) CD 3:01 through 3:05 2. Adoption Re: Proposed Resolution No. 04R-1800, appropriating $18,600 from the Law Enforcement Trust Eund 114-070 to provide officer training and continued education for potential and existing officers and support staff; etc. 3. Adoption Re: Proposed Resolution No. 04R-1804, appropriating $5,000 from the Unappropriated Fund Balance of the Sarasota Bay National Estuary Program Fund Balance to provide partial funding for a Habitat Restoration Project at Ballard Elementary School; etc. 4. Adoption Re: Proposed Resolution No. 04R-1805, appropriating $10,000 from the Unappropriated Fund Balance of the Sarasota Bay National Estuary Program Fund Balance to provide an advance to the new entity in order for SBNEP to pay for additional pre- operational expenses and supplies; etc. 5. Adoption Re: Second reading of proposed Ordinance No. 03-4502, to rezone property located at 800, 810, 820, and 830 Central Avenue from the Commercial Residential Transition (CRT) Zone District to the Commercial BOOK 57 Page 28548 09/07/04 2:30 P.M. BOOK 57 Page 28549 09/07/04 2:30 P.M. Central Business District (CCBD) Zone District to allow the renovation of existing structures and expansion of the range of allowable uses for an existing development known as Rosemary Court; approving Site Plan Application No. 03-SP-37 which has been proffered as a condition of this rezoning; providing for condition of this rezoning; etc. (Title Only) (Application Nos. 03-RE-19 and 03-SP-37, Applicant Bruce E. Franklin, President, Land Resource Strategies, Inc., as agent representing Downtown Rentals, Inc., as owner). 6. Adoption Re: Second reading of proposed Ordinance No. 04-4564, amending the Sarasota City Code, Chapter 2, Article V, relating to the Citizen's Tax Oversight Committee to provide for terms of office; providing for the severability of parts hereof; etc. (Title Only). 7. Adoption Re: Second reading of proposed Ordinance No. 04-4571, amending Chapter 36, Vehicles for Hire, Article 11, Taxicabs and Other Vehicles for Hire, to increase the maximum rates and fares authorized for taxicabs; setting forth findings; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 04R-1800, 04R-1804, and 04R-1805 in their entirety, and proposed Ordinance Nos. 03-4502, 04-4564,and 04-4571 by title only. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 2, 3, 4, 5, 6, and 7. Vice Mayor Servian requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 7. BOARD APPOINTMENTS: APPOINTMENT RE: PARKS ADVISORY AND RECREATION COUNCIL OF SARASOTA COUNTY = REAPPOINTED MILLIE SMALL TO SARASOTA COUNTY ' S PARKS ADVISORY AND RECREATION COUNCIL (AGENDA ITEM V-1) CD 3:05 through 3:07 City Auditor and Clerk Robinson stated that Sarasota County's Parks Advisory and Recreation Council has a seat designated for a City resident; that traditionally the City has a member of the City's Parks, Recreation and Environmental Protection Advisory Board serve on the County Council; that Millie Small currently serves on the County Council; that Ms. Small has expressed an interest in continuing to serve. On motion of Commissioner Bilyeu and second of Commissioner Atkins it was moved to reappoint Millie Small to Sarasota County's Parks Advisory and Recreation Council. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 8. UNFINISHED BUSINESS: ADOPTION RE: : PROPOSED RESOLUTION NO. 04R-1803, ADOPTING THE CENTRAL COCOANUT NEIGHBORHOOD ACTION STRATEGY FOR THE NEIGHBORHOOD ACTION STRATEGY FOR THE NEIGHBORHOOD KNOWN AS CENTRAL-COCOANUT ; SETTING FORTH FINDINGS; AUTHORIZING THE IMPLEMENTATION OF THE CENTRAL- - COCOANUT NEIGHBORHOOD ACTION STRATEGY; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VI-1) CD 3:07 through 3:16 Vice Mayor Servian stated that the item is to adopt the Central Cocoanut Neighborhood Action Strategy. Michael Raposa, Director, and Ryan Chapdelain, Neighborhood Planner, Neighborhood Partnership Office (NPO), came before the Commission. Mr. Raposa recognized Neighborhood activist Maria Gelinas present in the Chambers audience. Mr. Raposa stated that changes to the Central-Cocoanut Neighborhood Action Strategy Central-Cocoanut NAS) will be addressed; that additional input was received from Central Cocoanut Neighborhood representatives and Staff. Mr. Chapdelain distributed a document entitled Central Cocoanut Neighborhood NAS Code Enforcement Follow-Up (Inoperable Vehicles) and stated that an existing conditions survey was conducted in January 2004 to observe a snapshot of the Central-Cocoanut Neighborhood at which time 79 properties had inoperable vehicles; that subsequently Code Enforcement found only 16 violations of the Zoning Code (2002 Ed.); that inoperable vehicles are permitted on properties in the City for up to three days; that as of August 24, BOOK 57 Page 28550 09/07/04 2:30 P.M. BOOK 57 Page 28551 09/07/04 2:30 P.M. 2004, only three active cases of inoperable vehicles existed in the Central-Cocoanut Neighborhood. Mr. Chapdelain referred to a document entitled Central-Cocoanut Neighborhood Action Strategy (NAS) included in the Agenda backup material and stated that revisions were made pursuant to recommendations from the Commission at the August 3, 2004, Commission Workshop meeting. Mr. Chapdelain continued that language was added to the Central- Cocoanut NAS indicating the Central-Cocoanut Neighborhood Association's position on the 17th Street extension and expansion (17th Street Project) and the proposed bus lane on Cocoanut Avenue. Commissioner Atkins asked the Central-Cocoanut Neighborhood Association's position on the projects? Mr. Chapdelain stated that the Central-Cocoanut Neighborhood Association opposes both projects. Commissioner Palmer asked for clarification regarding the position of the Central-Cocoanut Neighborhood Association. Mr. Chapdelain stated that the Central-Cocoanut Neighborhood Association opposes both the 17th Street Project and the proposed bus lane on Cocoanut Avenue. Vice Mayor Servian asked the location of the added language? Mr. Raposa stated that the language begins on page 17 of the Central-Cocoanut Neighborhood NAS document. Mr. Chapdelain stated that the language is included in the Infrastructure section of the document; that additional input was received from the Central-Cocoanut Neighborhood Association. Vice Mayor Servian asked for clarification regarding the language indicating a large portion of the Central-Cocoanut Neighborhood Association strongly opposes the proposed 17th Street Project. Mr. Chapdelain stated that a specific number is not known; that at the August 10, 2004, meeting with the Central-Cocoanut Neighborhood Association, everyone in attendance was opposed. Mr. Chapdelain continued that a recommended action was added to encourage resident participation in the Volunteer Community Policing Program; that a recommendation was to include new curb and gutter on 11th Street from US 41 to Cocoanut Avenue which will be installed by the RMC Property Group, LLC, the developer of the Broadway Promenade; that gateway features will be incorporated into the design of the 17th Street Project; that conversations will commence regarding a community garden in Pioneer Park; that conversations will also occur with the Parks Advisory and Recreation Council of Sarasota County; that language remains indicating a non-buildable lot may be suitable for a community garden; that language was included to nominate the Central- Cocoanut Neighborhood for designation as an historically significant area by the National Register of Historical Places; that a recommended action is to establish a neighborhood workforce group to perform home improvements on a regular basis for different houses in the Central-Cocoanut Neighborhood; that language was added to invite members of local trade organizations and students from area schools to participate in neighborhood workforce groups; that language was included to review and analyze the feasibility of allowing accessory dwelling units on residentially zoned parcels in an effort to maintain affordable housing which will be addressed during the Evaluation and Appraisal Report processi that the Conclusion statement was moved from page 66 to page 38 to provide the correct order. Commissioner Palmer stated that the addition of the issues regarding the 17th Street Project and the bus lane on Cocoanut Avenue are understood; however, the decision of the Commission will not be changed; that the document indicates opposition to the projects of the residents of the Central-Cocoanut Neighborhood. Commissioner Atkins stated that Staff is commended for revisiting the Central-Cocoanut NAS to provide an opportunity to voice an opinion and the possibility to change the decision. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1803 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution No. 04R-1803. Vice Mayor Servian requested City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yesi Palmer, yes; Servian, yes Atkins, yes. BOOK 57 Page 28552 09/07/04 2:30 P.M. BOOK 57 Page 28553 09/07/04 2:30 P.M. 9. UNFINISHED BUSINESS: APPROVAL RE : MODIFIED AND RESTATED LEASE AND CONCESSION AGREEMENT CONCERNING MARINA JACK, INC. (FORMERLY O' LEARY'S COASTAL RENTALS, INC.) = APPROVED WITH THE ADDITION OF A NEW PARAGRAPH 7 (D) (AGENDA ITEM VI- 2) CD 3:16 through 3:32 Vice Mayor Servian stated that the item concerns a Modified and Restated Lease and Concession Agreement concerning Marina Jack, Inc. V. Peter Schneider, Deputy City Manager, and Robert Soran, representing Jack Graham, Inc., came before the Commission. Mr. Schneider stated that the City has been requested by Marina Jack, Inc. (Marina Jack) to modify the existing lease for O'Leary's Coastal Rentals; Inc. (O'Leary's); that the Administration apologizes for not presenting all documentation in a timely manner; that the initial lease term is an alternative form of calculating the rental income which would be added to the Modified and Restated Lease and Concession Agreement (Agreement) if acceptable to the Commission; that the provision is the same as the rent structure for Marina Jack which is a fixed fee or three percent of gross sales, whichever is higher, and will accrue to the City; that the language will be added to the Agreement as paragraph 7(d) if approved by the Commission. Mr. Schneider stated that the Agreement eliminates the non- compete restrictions which existed in the previous lease between the City and O'Leary's; that the O'Leary's lease originally provided a primary and secondary set of activities; that the primary purpose is water recreational related; that the secondary purpose is food and beverage activity; that the changes in the Agreement are: Allows rental or sale of sailboats over 32 feet in length. Allows sale of marine hardware or accessories, bait, or fishing tackle. Allows provision of food service beyond snack bar facilities. Allows rental of more than six jet skis at any point in time. Removes restriction on use of jet skis in the intercoastal waterway. Removes requirement to provide a manned patrol boat to oversee jet skis. Removes limitation on single use plastic or paper articles for cups, containers, plates, straws, spoons, knives, and forks. Removes prohibition to dispense full-course meals. Removes limitation on sale of alcohol from beer and wine or wine coolers. Mr. Soran stated that the City Attorney's Office worked on the language of the Agreement; that Attorney John Strickland of the law firm of Livingston, Patterson & Strickland, P.A., is in the Chambers audience to answer questions if desired; that the Agreement cleaned up outdated language such as maintenance of public restrooms and lease allowances; that the time is right to clean up the lease provisions; that the provisions in the Agreement are the same as O'Leary's such as lease payments and the term of the lease; that restrictive covenants have been removed which allows Marina Jack to present the customer base with better levels of service and an expanded menu; that O'Leary's will remain as in the past; that the menu will be primarily as in the past serving reasonably priced beach fare and retaining the casual atmosphere; that one white tablecloth restaurant in the area is enough; that a casual open atmosphere will be maintained; that success will occur due to the synergies with Marina Jack regarding purchasing powers and menus; that the City will participate in Marina Jack's success from the standpoint of an override on percentages of gross revenuesi that the definition of gross revenues in the Jack Graham, Inc., lease with the City is revenues less bad debts and credit card fees which is standard with many gross revenues lease definitions. Commissioner Palmer referred to an August 6, 2004 memorandum to City Manager McNees indicating removal of the requirement to provide a manned patrol boat to oversee jet skis; that more jet skis can be rented than in the past; and asked for clarification and if the City will take over the responsibility of controlling the area? BOOK 57 Page 28554 09/07/04 2:30 P.M. BOOK 57 Page 28555 09/07/04 2:30 P.M. Mr. Schneider stated that the City will not take over the responsibility: that the language was in the old lease with O'Leary's; that O'Leary's did not rent a significant number of jet skis; that expecting ten patrol boats if O'Leary's rented ten jet skis is not reasonable; that the provision is likely not relevant any longer; that the provision may have been relevant in the past. Commissioner Palmer stated that more than six jet skis can be rented at any time; that traffic from the Marina Jack marina and other boats exists in the area; that the high speeds the jet skis are capable of reaching could create a problem; and asked who will patrol the area or ensure a dangerous situation will not be created? Mr. Schneider stated that rental of jet skis has been occurring for a long time and continues; that very seldom are two or three out at one time; that Police Officer, First Class, Sarasota Police Department Marine Patrol, Douglas Peters, Marine Patrol, has indicated no significant complaints or problems have occurred; that the jet ski rentals has been an ongoing business venture which is a service to the customer base; that being more of a problem in the future is not foreseen. Commissioner Palmer stated that working out an agreement, if necessary, with the Sarasota Police Department would provide a comfort level if a problem is created. Mr. Schneider stated that the City works closely with Officer Peters and the Marine Patrol; that having responsible renters is in the City's best interest; that O'Leary's maintains a list of people who cannot rent jet skis due to a negative experience. Commissioner Palmer quoted from paragraph 10 of the Agreement: Tenant acknowledges that City may, at a time subsequent to the execution of this Agreement, designate and include portions of the shoreline of Island Park within the Leasehold. In such event, Tenant may be given the right, by City, to establish reasonable rules and regulations to control the use of the shoreline, within the Leasehold, and Tenant would be responsible for monitoring and controlling the use of the shoreline by boaters. Commissioner Palmer stated that paragraph 10 also addresses the storage of boats and dinghies on the shoreline; that paragraph 12 indicates the Tenant agrees to assume responsibilities for the daily control and management of the area designated, if requested to do sO by the Commission; and asked if a conflict exists between paragraphs 10 and 12 regarding control of the mooring field? Mr. Schneider stated that the language in paragraphs 10 and 12 is old. Commissioner Palmer stated that a different situation will exist in the future; that the desire is to ensure no impediment will be created regarding the future mooring field. Mr. Schneider stated that the existing boundary of the former O'Leary's leasehold area is indicated on a diagram in the Agenda backup material; that the area could be a dinghy storage area if dinghy storage area on the beach will be provided; that a storage area is not required; that at the time a designated mooring field is established, a shuttle or short term storage at a dock rather than storing a number of dinghies may be more appropriate. Commissioner Palmer asked if in the estimation of the Administration and Mr. Soran no possible conflict exists between establishing a mooring field and with the provisions of the Agreement? Mr. Schneider stated that the mooring field can be operated with or without Marina Jack managing the operation. City Attorney Taylor stated that the maintenance and use of shoreline and beaching and storage of dinghies is subject to promulgating rules and regulations which are approved by the City Manager. Vice Mayor Servian stated that the August 6, 2004, memorandum to City Manager McNees indicates allowing the rental or sale of sailboats over 32 feet in length; and asked for clarification and if the intent is to have boat sales? Mr. Schneider stated that language in the current lease prohibits sales of sailboats over 32 feet. Vice Mayor Servian stated that the memorandum indicates the effect of the changes in the Agreement is the ability to rent or sell sailboats over 32 feet; that the intent is to understand Marina Jack is not going into the boat sales business in the area. BOOK 57 Page 28556 09/07/04 2:30 P.M. BOOK 57 Page 28557 09/07/04 2:30 P.M. Mr. Soran stated Marina Jack will not be selling boats. Vice Mayor Servian stated that the Agreement significantly increases the value of the O'Leary's lease; and asked if the Administration is comfortable with the lease payment provided in the Agreement? City Manager McNees stated that the override regarding the percent of the gross revenues is an appropriate payment; that the Agreement increases the value of the lease; that Mr. Soran agreed to the provision regarding the override which is a good solution. Commissioner Palmer asked if structural changes will be made on the property? Mr. Soran stated that no structural changes specifically to the building are contemplated; that the existing building footprint can be restructured as more customer friendly; that the customers have access to only approximately 15 percent of the building; that any remodeling in the future will be performed under the appropriate permitting process; that requiring a larger structure will not occur; that currently the number of seats are not at the maximum allowed under the Occupational Use Permit; that use of the building will be managed differently; that the menu and service will be improved; that the customer base will be improved which is important as people will be more comfortable in coming to the beachfront location with a little change. Mr. Schneider stated that paragraph 13 of the Agreement deals with future improvements and requires Marina Jack must obtain written approval of the City Manager prior to undertaking any improvements. City Attorney Taylor stated that broad powers exist to require approval of aesthetic changes. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to approve the Modified and Restated Lease and Concession Agreement with Marina Jack, Inc., for the O'Leary's Coastal Rentals, Inc., leasehold with the addition of a new paragraph 7(d). Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 10. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIRST EXTENSION OF LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND COUNTY OF SARASOTA FOR THE SARASOTA COUNTY LAW LIBRARY LOCATED AT 2050 ADAMS LANE, SARASOTA - APPROVED AND AUTHORIZED THE MAYOR AND THE CITY AUDITOR AND CLERK TO EXECUTE THE FIRST EXTENSION OF LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY FOR FIVE ADDITIONAL YEARS (AGENDA ITEM VII-1) CD 3:32 through 3:38 Commissioner Palmer stated that additional information is required prior to extending the lease for the Sarasota County Law Library located at 2050 Adams Lane; that the location was at one time considered as a location for the Sarasota Police Department; that the Payne Park Master Plan must be considered; that the lease will be extended for five years; that the City has a Memorandum of Understanding with the County regarding providing additional judicial courts; that a question is if providing additional tennis courts will create a conflict for the extension of the lease for five yearsi that only one extension exists; that the lease will expire in 2009; that improvements in the area will not be made immediately; that the location of the police station and other issues should be cleared prior to taking action on the lease extension. Nancy Carolan, Director of General Services, came before the Commission, referred to a drawing displayed on the Chamber monitors indicating the existing tennis courts; that the area contemplated for the law library is a 4,000 square foot space and will not affect locating the additional tennis courts. City Manager McNees stated that the adopted Payne Park Master Plan indicates the recreational uses and the passive recreational uses; that tennis courts currently exist and the County plans to add more; that Staff does not intend to recommend the proposed site for the police station; that renewal of the lease can be deferred and retain the site in the Payne Park Master Plan matrix; that the Administration can report back in approximately 30 days regarding site selection. Commissioner Palmer stated that other sites which are being considered are not known; that sufficient information is necessary prior to taking action to become knowledgeable regarding possibilities for the location; that the Administration is indicating the law library location will not be recommended as a site for the Sarasota Police Department. BOOK 57 Page 28558 09/07/04 2:30 P.M. BOOK 57 Page 28559 09/07/04 2:30 P.M. City Manager McNees stated that is correct. Commissioner Bilyeu stated that the County may desire an additional five years to provide time for including the law library in the construction of the new building. Vice Mayor Servian asked if the site is too small to accomplish the Payne Park Master Plan with the addition of the tennis courts? City Manager McNees stated yes. Vice Mayor Servian stated that relocating the tennis courts in the Payne Park Master Plan area will be necessary. City Manager McNees stated that is correct; that the tennis courts must be relocated or eliminated. Vice Mayor Servian stated that eliminating the tennis courts will result in many unhappy tennis players in the County. Commissioner Palmer stated that eliminating the tennis courts is not desired; that the discussion was for informational purposes. City Manager McNees stated that based on the adoption of the Payne Park Master Plan being centered on a large-scale passive recreation area, sufficient room does not exist on the site for all the contemplated activities. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve and authorize the Mayor and the City Auditor and Clerk to execute the First Extension of Lease Agreement between the City of Sarasota and Sarasota County for five additional years. Commissioner Palmer stated that the City should be informed of the County's proposals and plans for the future; that the lease will expire in 2009; that the first extension is the only extension; that the County should be put on notice unless the situation changes in five years the property will no longer be available; that information regarding the County's plan to provide for a law library is necessary; that the property may be incorporated in the Payne Park Master Plan. Vice Mayor Servian called for a vote on the motion to approve and authorize the Mayor and the City Auditor and Clerk to execute the First Extension of Lease Agreement between the City of Sarasota and Sarasota County for five additional years. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 11. NEW BUSINESS: APPROVAL RE: : AWARD OF CONTRACT AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF SARASOTA AND FREDERICK DERR & COMPANY, INC. (BID NO. 04-33K) FOR THE SIDEWALK PLACEMENT AND CURB CONSTRUCTION PROJECT = AWARDED AND AUTHORIZED THE MAYOR AND THE CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT WITH FREDERICK DERR & COMPANY / INC. FOR COMPLETION OF WORK SPECIFIED IN THE AMOUNT OF $630,382; DIRECTED THE ADMINI: STRATION TO APPROACH THE SARASOTA COUNTY SCHOOL BOARD FOR REIMBURSEMENT FOR PROJECTS RELATED TO THE SCHOOL BOARD IN THE CITY (AGENDA ITEM VII-2) CD 3:38 through 3:47 Alexandrea Davis-Shaw, Deputy Director of Enginering/Deputy City Engineer, came before the Commission. Commissioner Bilyeu stated that the City's priority in the Sidewalk Program is broken sidewalks; that public safety is addressed first, school sidewalks are addressed second, etc.; that a school addition was constructed at Tamisola Street from Shade Avenue to Euclid Avenue; that a question is the reason a sidewalk was not installed; that children walk on the street to the high school which is a public safety issue; that constructing a new school addition with no sidewalk is not understood; that the Sarasota County School Board (School Board) can take almost any action desired in the City which is upsetting; and asked the reason the City did not request installation of a sidewalk during the Development Review Committee (DRC) process? Ms. Davis-Shaw stated that Staff was considering installing a sidewalk at the location prior to the plans for the school addition; that funding for the sidewalk was requested at the time Staff learned of the plans for a school addition; that funding for sidewalks has been requested in the past but not mandated; that the sidewalk will be installed on the north side to tie in with the existing sidewalk to the west of the missing segment. BOOK 57 Page 28560 09/07/04 2:30 P.M. BOOK 57 Page 28561 09/07/04 2:30 P.M. Commissioner Bilyeu asked if the City will receive funding for the sidewalk? Ms. Davis-Shaw stated that the School Board has not agreed to provide funding. Commissioner Bilyeu asked if Staff has requested funding? Ms. Davis-Shaw stated yes; and Staff will continue to ask; that neighborhood residents have requested installation of a sidewalk. Commissioner Bilyeu stated that installing a sidewalk at a school makes sense; that the property is the property of the School Board; that a development other than the School Board would have to pay for a sidewalk. Vice Mayor Servian asked the cost of the segment of the sidewalk? Ms. Davis-Shaw stated that an estimate is $61,000. Commissioner Bilyeu stated that the estimate is surprising. Ms. Davis-Shaw stated that a significant number of trees must be removed; that the estimate includes tree removal, design, survey, and construction. Commissioner Bilyeu stated that the Commission has attempted to challenge architects, engineers, and planners to avoid tree removal and work around the trees; that rather than having a straight sidewalk a sidewalk can go around a tree and meander; that constructing a sidewalk around a tree may add to the cost and diminishing returns may result from not removing the tree and using more concrete. Ms. Davis-Shaw stated that Staff attempts to remove as few trees as possible; that some instances exist which cannot meet the Americans with Disabilities Act (ADA) requirements; that in some instances the City does not have the right-of-way; that an agreement could be reached with a property owner for an encroachment to avoid removal of a tree; that a tree must be removed if an encroachment agreement cannot be obtained; that Staff attempts not to remove a tree if another option exists. Commissioner Bilyeu stated that the sidewalk will be installed on the right-of-way. Ms. Davis-Shaw stated that the sidewalk will be installed in the public right-of-way. Commissioner Bilyeu asked if Staff will request reimbursement of the $61,000? Ms. Davis-Shaw stated that Staff will request reimbursement for the actual cost of the sidewalk. Commissioner Bilyeu stated that the School Board should reimburse the City. Vice Mayor Servian stated that reimbursement should be sought for all expenditures by the City if appropriate; that $61,000 is a shocking amount of money for a small amount of sidewalk; that the Commission can assist Staff in reimbursement requests; that making a presentation to the School Board is suggested. Commissioner Palmer agreed and stated that the Mayor or Vice Mayor should make a formal request to the School Board to reimburse the City or to pay up front for the funding; that the recommendation is to refer the issue to the Administration. Vice Mayor Servian stated that a Staff member from the Engineering Department could join in making a formal request. City Manager McNees stated that a suggestion is not to limit the request for reimbursement to the one particular sidewalk; that the sidewalk is not the only portion of infrastructure for which the City is paying on behalf of the School Board. Commissioner Atkins stated that going around the trees wherever possible is a good concept; that a commitment should be made to avoid tree removal; that encroaching a little bit to save the tree and make the sidewalk more attractive would be in everybody's best interest; that a reminder is concrete costs have been increasing significantly. Commissioner Bilyeu stated that give and take is important; that the City is always giving and everyone else is taking. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to award and authorize the Mayor and the City Auditor and Clerk to execute a contract with Frederick Derr & BOOK 57 Page 28562 09/07/04 2:30 P.M. BOOK 57 Page 28563 09/07/04 2:30 P.M. Company, Inc., for completion of work specified in the amount of $630,382. Vice Mayor Servian stated that the discussion was helpful; that reimbursement should be sought wherever possible. Vice Mayor Servian called for a vote on the motion to award and authorize the Mayor and the City Auditor and Clerk to execute a contract with Frederick Derr & Company, Inc., for completion of work specified in the amount of $630,382. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Palmer, yesi Servian, yes. Vice Mayor Servian stated that the Commission's consensus is to direct the Administration to approach the Sarasota County School Board for reimbursement for projects related to the School Board in the City. 12. NEW BUSINESS: APPROVAL RE: PROPOSED FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN SARASOTA COUNTY AND THE CITY OF SARASOTA REGARDING SARASOTA COUNTY/CITY OF SARASOTA ENTERPRISE ZONE AND ENTERPRISE ZONE DEVELOPMENT AGENCY = CONTINUED TO THE SEPTEMBER 20, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM VII-3) CD 3:47 through 4:13 Commissioner Atkins stated that the item is a continuation of the usual administration of Federal programs which use a poor and blighted area to obtain certification and subsequently the only place which receives no assistance is the poor and blighted area; that a County Commissioner who sits on the Enterprise Zone Development Agency Board in an election year led a group to vote for expansion of the Enterprise Zone to encompass an area which is not in need of assistance; that the expansion will dilute the impact of the Enterprise Zone; that the Enterprise Zone was to create businesses and opportunities for employment in a specific area; that the proposed First Amendment to Interlocal Agreement Between Sarasota County and the City of Sarasota regarding Sarasota County/City of Sarasota Enterprise Zone and Enterprise Zone Development Agency (Amendment) dilutes the area without bringing any benefits to the people or businesses in the area; that the Amendment was passed by one vote; that a quorum of the Enterprise Zone Development Agency Board has not existed since the issue of the Amendment; that the people and the businesses of the neighborhood did not support the Amendment; that the Amendment should not be supported by the Commission; that the Amendment is not necessaryi that focusing first on the core area is required; that the welfare should not be spread further until people who need help the most have been assisted. Dru Jones, Economic Development Coordinator, and John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department came before the Commission. Ms. Jones stated that Commissioner Atkins's concerns are understood; that on several occasions Staff directed community meetings; that a conflict existed with the Enterprise Zone Development Agency Board meeting date of the Sarasota Openly Addresses Racism (SOAR) meeting; that regular quarterly meetings were conducted; that eight members were in attendance and the Amendment was recommended by a five to three vote; that the Enterprise Zone Strategic Plan and the State program is to enhance jobs; that the Enterprise Zone was designated in 2002; that the area requested for expansion previously did not meet the criteria determined by poverty rate or unemployment; that the 1990 US Census was utilized for the criteria; that the 2000 US Census reflects the area meets the required criteria. Vice Mayor Servian asked the reason for the request for expansion? Ms. Jones stated that the direction began in late 2002; that Staff was requested to investigate the possibility for expansion; that Staff learned the area qualified for expansion; that the area previously did not qualify regarding the poverty rate; that currently the poverty rate is 32.85 percent; that the minimum poverty rate is 30 percent for one half of the area and 20 percent for the remaining one half; that one area is comprised of governmental and instructional uses; that some of the potential expanded area is south of 17th Street east of US 301 and is primarily commercial and industrial; that three or four streets are part neighborhood north of 17th Street; that the delineation of the area is based on a Census Tract. Commissioner Atkins stated that the Enterprise Zone is being expanded for no apparent reason other than to dilute the core area which was targeted initially; that expansion is not necessaryi that more work is necessary in the current Enterprise Zone. Ms. Jones stated that approximately 200 businesses are in the expanded area which could offer additional jobs; that currently only approximately eight new jobs have been created; that the BOOK 57 Page 28564 09/07/04 2:30 P.M. BOOK 57 Page 28565 09/07/04 2:30 P.M. primary benefit has been to homeowners; that approximately $40,000 in tax refunds to new homeowners will arrive in September 2004; that impact fees will be waived for all properties in the Enterprise Lone; that the new Publix project at Tenth Street and US 41 will provide additional jobs; that the Enterprise Zone is delineated at Tenth Street and US 41 on the west side. Vice Mayor Servian asked if the Publix project area is in the proposed expanded area? Ms. Jones stated no. Commissioner Atkins asked the number of jobs in the present area? Ms. Jones stated that 217 businesses exist in the Enterprise Zone. Commissioner Atkins stated that a specific number was indicated for additional jobs in the expanded area; and asked the number of jobs in the current area? Ms. Jones stated that 217 businesses exist in the current area. Commissioner Atkins asked if 200 businesses are in the expanded area? Ms. Jones stated that approximately 200 businesses are in new area. Commissioner Atkins asked the number of the approximately 217 businesses in the present area which have applied to the Enterprise Zone for job benefits or waivers? Ms. Jones stated that three have applied. Commissioner Atkins asked the reason the thought is many more jobs will exist in the expanded area? Ms. Jones stated that more jobs will exist primarily due to the types of jobs such as industrial; that the job opportunities will be doubled. Commissioner Bilyeu stated that the Enterprise Zone allows benefits to attempt to bring jobs to the area; that only three businesses have applied; that a mechanism is in place for businesses to apply to enhance business and create more jobs; that few have taken advantage of the process which provides a tool to enhance business; that the understanding is Tenth Street is included in the current Enterprise Zone. Commissioner Atkins stated that the initial application for the Enterprise Zone designation was legislatively defeated; that a subsequent application was denied as the area did not meet the qualifications; that currently the area narrowly meets the qualifications which are based on the overall poverty. Commissioner Bilyeu stated that creating more jobs in the City is important. Mr. Hawthorne stated that a concern is Staff's role has been convoluted; that Staff is not advocating one way or the other; that a problem exists with the community; that the community has reacted negatively to the decision of the Enterprise Zone Development Agency Board but has not communicated with the Enterprise Zone Development Agency Board again; that based on the community's reaction, the suggestion is the Enterprise Zone Development Agency Board should revisit the issue prior to taking any action to ensure the desire is to move forward and incorporate community input to ensure the community is involved; that Staff is prepared to perform as directed by the Enterprise Zone Development Agency Board; that Staff is in the position to move forward with the expansion application based on the decision of the Enterprise Zone Development Agency Board; that the Enterprise Zone Development Agency Board is encouraged to revisit the issue prior to approving the Amendment. Vice Mayor Servian stated that Staff is not in a position to advocate one way or another is understood; however, the Commission relies on Staff for guidance; that the candor is appreciated; that the approval should be postponed until the Enterprise Zone Development Agency Board reviews the Amendment. Commissioner Atkins stated that going back before the Enterprise Zone Development Agency Board is a continuation of previous actions; that the community has been defeated at the Enterprise Zone Development Agency Board; that the community does not have a majority on the Enterprise Zone Development Agency Board; that the community is not supported by Staff; that the community is not considered in decision making; that going back to the Enterprise Zone Development Agency Board is not necessarily desired by the community; that Reverend Willie Holley has resigned from the Enterprise Zone Development Agency Board; that Reverend Holley BOOK 57 Page 28566 09/07/04 2:30 P.M. BOOK 57 Page 28567 09/07/04 2:30 P.M. could not understand the reason people who poorly attended meetings would attend certain meetings and vote against the community's best interests; that he is doing the best he can; that he does not desire to consider proposed Resolution No. 04R-1761 ever again; that the Commission can act as desired. City Auditor and Clerk Robinson read proposed 04R-1761 by title only. On motion of Commissioner Atkins and second of Vice Mayor Servian who passed the gavel to Commissioner Bilyeu, it was moved to deny proposed Resolution No. 04R-1761. Commissioner Atkins stated that the expansion of the Enterprise Zone is similar to the Tax Increment Financing District; that the people who have a chance to take advantage of being poor and impoverished are precluded from the opportunity; that the people still have not received benefits and privileges which the Federal government gives business people; that the situation should not be allowed to happen ever again to anybody. Vice Mayor Servian stated that Commissioner Atkins's position is supported; that the present Enterprise Zone should be taken better advantage of as exists currently; that a concern is the community's voice is not heard in the issue. Commissioner Palmer stated that she disagrees with Commissioner Atkins's position; that the City has worked hard to attempt expansion of the Enterprise Lone; that discussions occurred with the State legislature regarding the expansion; and quoted from Sections 3 and 4 of proposed Resolution No. 04R-1761 as follows: the Nominated Area as expanded suffers from a high incidence of crime, abandoned structures, deteriorated infrastructure, a substantial population decline. chronically exhibits extreme and unacceptable levels of poverty, unemployment, physical deterioration, and economic disinvestment. The City Commission hereby determines that the rehabilitation, conservation or redevelopment, or a combination thereof, of the Expanded Nominated Area is necessary in the interest of the public health, safety and welfare of the residents of the Expanded Nominated Area and the surrounding community. The City Commission determines that the revitalization of the Expanded Nominated Area can occur only if the private sector can be induced to invest its own resources in productive enterprises that build or rebuild the economic viability of the area. Commissioner Palmer continued that the current Enterprise Zone has not been utilized by the businesses as should be; that extraordinary opportunities exist in expansion to provide additional jobs and additional opportunities for businesses in the areas to take the opportunities for tax credits which are available to create additional jobs and businesses; that not allowing the opportunity for the people who are disinvested, the poor, and people with no jobs is not desired; that expansion offers opportunities to all of Sarasota including residents of north Sarasota; that the motion to deny is opposed. Commissioner Bilyeu stated that the motion is not supported; that paying close attention to a Commissioner indicating the feelings of the residents is important; that proposed Resolution No. 04R-1761 may bring jobs to the area; that the City must provide tools for people to use the tools to better quality of life; that denying the motion is preferred. City Auditor and Clerk Robinson stated that under the new Rules of Procedure a tie vote on a non-quasi judicial item automatically comes back for a vote at the next Regular Commission meeting. Commissioner Bilyeu stated that receiving copies of minutes of the meetings regarding proposed Resolution No. 04R-1761 would be helpful. Commissioner Palmer asked if moving to continue the item to the next Regular Commission is appropriate or should a vote be taken at the current meeting? City Auditor and Clerk Robinson stated that the item would come back with the motion to deny if the item is continued; that the item would come back with no motion on the floor if a vote is taken at the current meeting. City Manager McNees stated that advocating either way is not desired; however, a difference exists between an Enterprise Zone and a Tax Increment Financing (TIF) District; that a TIE District is a revenue generating entity which generates a finite amount of revenuei that a certain amount of money is divided among different BOOK 57 Page 28568 09/07/04 2:30 P.M. BOOK 57 Page 28569 09/07/04 2:30 P.M. expenditures; that an Enterprise Zone is not a revenue producing entity but a benefit entitlement entity; that benefits which accrue to a property by virtue of being in the Enterprise Zone do not go away if other properties receive the same benefits such as tax credits; that the disagreement among the members of the Enterprise Zone Development Agency Board is if a zero sum program exists in which a gain for one side entails a corresponding loss for the other side; that adding additional businesses will not preclude other existing business from receiving the same benefit. Commissioner Atkins stated that the struggle is focusing and targeting an area; that expanding the area provides an excuse not to work in the target area which needs the most help; that the area which requires the most help is the current Enterprise Zone; that preventing others from benefiting is not the desire; that the belief is the target area should be addressed; that to dilute the area creates a bigger problem of getting further and further behind the line in the process rather than pressing corporate America, investors, and employees to begin using the existing community; that a larger community will be created; that moving the core will dilute the impact expected from the Enterprise Zone; that currently the community is receiving nothing from the Enterprise Zone. Commissioner Bilyeu called for a vote on the motion to deny adoption of proposed Resolution No. 04R-1761; that yes votes are to deny. Motion failed (2 to 2): Palmer, no; Servian, yesi Atkins, yesi Bilyeu, no. Commissioner Bilyeu stated that the motion is tied; that the item will be continued to the September 20, 2004, Regular Commission meeting. 13. NEW BUSINESS: ADOPTION RE: PROPOSED EMERGENCY ORDINANCE NO . 04-4582, DECLARING ORDINANCE NO. 04-4581 NULL AND VOID i FINDING THAT NO PRESENT DANGER EXISTS WHICH WOULD NECESSITATE THE EXERCISE OF EMERGENCY POWER PURSUANT TO APPLICABLE FLORIDA STATUTES; ETC. ADOPTED (AGENDA ITEM VII-4) CD 4:13 through 4:16 Commissioner Palmer stated that City Auditor and Clerk Robinson and City Attorney Taylor indicated at the time Resolution No. 04R-4581 was adopted a super majority vote is required for emergency ordinances; that she is leaving September 8, 2004, to join Mayor Martin in Russia; that the Mayor and she will not be in the City at the time Hurricane Ivan is expected; that a concern is the legal status if the current Ordinance is revoked; that a super majority of Commissioners will not exist if action is required prior to the September 20, 2004, Regular Commission meeting; and asked the manner in which the transfer of powers can be appropriately handled? City Attorney Taylor stated that the City's Charter provides an emergency succession provision; that in times of grave emergency and Commissioners are absent, the Charter Officials can stand in place of the absent Commissioners to vote; that the emergency has not arrived; therefore, Eindings do not exist to invoke the emergency powers. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4582 by title only. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to adopt proposed Ordinance No. 04-4582. Motion carried unanimously (4 to 0): Servian, yes; Atkins, yes; Bilyeu, yes; Palmer, yes. 14. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 4:16 There was no one signed up to speak. 15. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 4:16 through 4:19 COMMISSIONER PALMER: A. stated that a Manasota League of Cities will be conducted in City Hall Chambers at 9:30 a.m. September 9, 2004, VICE MAYOR SERVIAN: A. stated that the Economic Development Corporation has been busy for the past several weeks; that the Economic Development Corporation has been meeting every four to seven days; that she serves on a subcommittee concerning BOOK 57 Page 28570 09/07/04 2:30 P.M. BOOK 57 Page 28571 09/07/04 2:30 P.M. finances in addition to the full Economic Development Corporation Board; that a professional employment organization has been chosen to hire employees for the Economic Development Corporation; that a Memorandum of Understanding between the Greater Sarasota Chamber of Commerce and the Economic Development Corporation to release the employees who served on the Committee for Economic Development (CED); that a lease been approved to house the employees of the Economic Development Corporation at Live Oak Corporate Center; that a budget of $1.2 million has been adopted; that the Interlocal Agreement has been prepared between the Economic Development Corporation and the County which has not yet been approved by the Sarasota Board of County Commissioners; that an Interlocal Agreement will be prepared between the County, the municipalities, and members of the Economic Development Corporation; that members of the Economic Development Corporation will prepare presentations for funding requests. B. stated that she has been requested to serve as Chair for the Municipal Finance and Taxation Board of the Florida League of Cities, Inc. C. that she has been requested to serve as the liaison to the Florida Association of Counties for the Community Redevelopment Agency subcommittee. D. that the Sarasota Housing Authority is conducting a Board meeting September 8, 2004; that the Agenda does not indicate the Revitalization Plan will be addressed; that a copy of the Agenda will be provided to the Commissioners; that she will only be able to attend the meeting for one hour as a Commission Budget hearing will be conducted at 6:00 p.m., September 8, 2004. 16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) CD 4:19 through 4:35 COMMISSIONER BILYEU: A. stated that he assisted in clean-up efforts in Punta Gorda, Florida; that Staff organized a group to clean up the area in the aitermath of Hurricane Charley; that the citizens of the City are appreciated for efforts to assist the neighboring cities; that Staff is appreciated for organizing the effort. COMMISSIONER PALMER: A. stated that she worked at the County Emergency Operations Center over the weekend to prepare for Hurricane Frances which was well organized and efficiently run; that thanks are extended to County Staff members, Donna Campbell and Linda Gaines, for the excellent operation; that thanks are extended to Millie Small and Mickie Emberton, two City residents, who contributed time and effort at the Emergency Operations Center; that the Administration, Staff, and the Sarasota Police Department assisted at the City's Emergency Operations Center; that congratulations are extended to all the governmental entities for the excellent work. B. stated that a March 2005 election will occur for the bond issue regarding the Sarasota Police Department; that a meeting regard the bond issue; that concerns have been expressed by individuals indicating other issues the Commission may desire to place on the bond issue; that care should be exercised to avoid a too large bond issue; and asked if a public meeting or a committee of various representatives is appropriate to consider other options for inclusion in the March bond issue? City Manager McNees stated that the Administration's intent is to workshop with the Commission in October 2004 to consider various items to include in the referendum unless the Commission desires to pursue an alternative processi that care must be exercised regarding the items which will be included to ensure success of the bond issue. Commissioner Palmer stated that in 1985 a bond issue was supported by the entire community; that various items benefited large numbers of groups; that a wide range of items gains more Citywide support; that projects may be included which will not significantly contribute to the cost of the bond issue; that the support of the community can be gained by public input; that mechanisms for public input should be provided. Commissioner Atkins stated that being as diverse as possible is important in preparing the bond issue; and asked if the Sarasota BOOK 57 Page 28572 09/07/04 2:30 P.M. BOOK 57 Page 28573 09/07/04 2:30 P.M. Police Department bond issues are a public bonding process and must be separate? City Attorney Taylor stated that he will research the issue and report back. Vice Mayor Servian stated that the desire is for public input regarding the bond issue; that the public must be aware of the associated costs. COMMISSIONER ATKINS: A. stated that flag football is a new phenomena in the Newtown neighborhood; that several groups have organized teams and play football on the open spaces in the neighborhood; that several complaints have been received indicating the Sarasota Police Department interrupts the play; that a concern is the reason for interrupting the play as no complaints were received regarding the location of the playi that the Police Officers set up shop in the middle of the crowds; that, for example, at the time people were aware of a gradation party at his house, the police arrived and parked at the corner near his home; that security was not requested; that the policy concerning people living without the police until required is not understood; that an explanation is requested for the reason a problem is being created for people who are having a decent time. Vice Mayor Servian asked the time the flag football games are played? Commissioner Atkins stated that the games are played during the day; that no lighted areas are available; that a game was broken up on an open lot on the east side of Booker High School; that the question is the location of an area on which the football games may be played. B. stated that Florida Power and Light Company (FPL) had problems before and after Hurricane Frances regarding trimming trees away from power lines and lights; that currently some trees require trimming; that the tree limbs which are lying on power lines must be trimmed. C. stated that currently significant resurfacing of streets is occurring in the north Sarasota area; that excess asphalt was deposited on residents' lawns; that asphalt debris has been deposited near his house although the side of the street was not resurfaced; that broken concrete at the intersection of Noble Avenue and 29th Street should be repaired. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to extend the meeting to complete the afternoon session. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes. VICE MAYOR SERVIAN: A. distributed a copy of a petition dated August 10, 2004, presented by Ernest Ritz, representing the Downtown Sarasota Farmers Market, signed by several vendors of the Downtown Sarasota Farmers Market and stated that a formal action regarding the Farmers Market is required; that the vendors are concerned as at the time the decision was made to move the Downtown Sarasota Farmers Market from Lemon Avenue, the Commission discussed the intent to return the Downtown Sarasota Farmers Market to Lemon Avenue and Main Street but no formal action was taken; that the vendors request formal action to prepare for the future. B. stated that on September 23, 2004, from 5:30 p.m. to 7:00 p.m., in the Van Wezel Performing Arts Hall a reception will be held honoring City Attorney Taylor for his 25 years of service with the City; that formal invitations will be issued. C. stated that on September 29 through October 5, 2004, she will be in Vancouver, Canada, attending the International Downtown Association conference; therefore, she will not be in attendance at the October 4, 2004, Regular Commission meeting; that the agenda is interesting; that the use of TIF funds will be addressed; that the Mayor of St. Petersburg, Florida, will attend to discuss the use of TIF funds; that bringing cultural amenities to Main Street to create synergy between retail and culture will be discussed. BOOK 57 Page 28574 09/07/04 2:30 P.M. BOOK 57 Page 28575 09/07/04 2:30 P.M. D. stated that she is working on an event; that County Commissioner Mercier has been requested to assist with the event; that the weekend of April 30, 2005, is the 30th anniversary of the end of the Viet Nam war; that she is working on bringing the traveling Viet Nam Veterans Memorial Wall (Memorial Wall) to the City; that the Memorial Wall is three-quarters the size of the Memorial Wall in Washington, D.C.; that the traveling Memorial Wall program is a significantly emotional process; that her brother is the Chair of the Hernando- Pasco POW/MIA Committee; that five years ago, the traveling Memorial Wall was exhibited at the Hernando County Airport; that veterans organizations from multiple counties were involved; that a tent is set up with an interactive center to enter a person's name and the panel with the person's name is indicated; that the location of the event will be indicated in the future; that the event will require four days; that one day is required to set up and one day to remove. E. stated that an update concerning the increase in contributions to the Affordable Housing Trust Fund for the developments which received approval for increased density in the Downtown Residential Overlay District would be appreciated. The Commission recessed at 4:35 p.m. and reconvened at 6:00 p.m. 17. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR AUGUST 2004, FRANCISCO RIVERA, MAINTENANCE TECHNICIAN III, PUBLIC WORKS UTILITIES (AGENDA ITEM XII-1) CD 6:01 through 6:07 Vice Mayor Servian requested that City Manager McNees, William Hallisey, Director of Public Works, and Francisco Rivera, Maintenance Technician III and Employee of the Month for August 2004, join her and the Commission at the Commission table. Mr. Hallisey stated that introducing Mr. Rivera is a pleasure; that Mr. Rivera has been promoted four times during his 11 years as an employee of the City; that Mr. Rivera performs a number of tasks for the building and yard maintenance crew, such as carpentry, painting, and yard work; that Mr. Rivera enjoys his work and is a pleasure to work with; that Mr. Rivera was nominated for Employee of the Month by two City employees who do not work directly with him, but have observed his work; that Mr. Rivera works a second job, attends vocational/technical classes to improve his English, is married, and has two children: a son serving in Iraq and a daughter married to a US Marine; that the Department and the City commend Mr. Rivera for significant hard work and dedication. City Manager McNees stated that Mr. Rivera is one of the City's unseen heroes; that Mr. Rivera works at the Public Works Wastewater Treatment/Compost Plant; that the Plant is an aesthetically pleasing building; that the maintenance involved in maintaining the Plant's attractiveness is carried out by hardworking, conscientious employees such as Mr. Rivera. Vice Mayor Servian stated that although Mr. Rivera may be an unseen hero, he is not an unsung hero; presented Mr. Rivera with a City-logo watch, a plaque, and a certificate as the Employee of the Month for August 2004 in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts and for serving with excellence and pride. Mr. Rivera thanked his supervisors in the Department, Gilberto Fernandez, Supervisor of Utility Operations, Douglas Taylor, Deputy Director, Public Works Utilities Division, and Mr. Hallisey as well as his coworkers. 18. COMMISSION PRESENTATION RE: ACCEPT A CHECK IN THE AMOUNT OF $160,000 FROM THE VAN WEZEL FOUNDATION FOR THE BENEFIT OF THE VAN WEZEL PERFORMING ARTS HALL: : $150,000 OF THE GRANT FUNDS SUPPORTED THE VAN WEZEL'S S EDUCATION AND OUTREACH PROGRAMS DURING THE 2003/04 SEASON; AND $10,000 OF THE GRANT FUNDS SUPPORTED THE BEAUTIFICATION AND UNIQUE EQUIPMENT NEEDS AT THE VAN WEZEL DURING THE 2003/04 SEASON (AGENDA ITEM XII-2) CD 6:07 through 6:11 Vice Mayor Servian requested that John Wilkes, Executive Director, Van Wezel Performing Arts Hall, join her at the Commission table for the presentation. Mr. Wilkes requested that John Dart, Chair, Harvey Rothenberg, Member, and Deborah Rohaty, Executive Director, Van Wezel Performing Arts Hall Foundation (VWPAH Foundation), join him at the Commission table, and stated that the Commission is aware of the vital role the VWPAH Foundation has played in arts education BOOK 57 Page 28576 09/07/04 2:30 P.M. BOOK 57 Page 28577 09/07/04 2:30 P.M. since 1987; that the members of the VWPAH Foundation are before the Commission to present a check in the amount of $160,000 to the Commission; that since 1987, over $6 million has been generated by the VWPAH Foundation to support the VWPAH programs; that $150,000 will support the VWPAH Education and Outreach Program, which serves young people from Sarasota County and surrounding counties. Vice Mayor Servian stated that students in Sarasota County and surrounding counties benefit overwhelmingly from the generosity of the VWPAH Foundation. Mr. Wilkes and members of the VWPAH Foundation presented the check to the Commission. 19. COMMISSION PRESENTATION RE: PRESENTATION OF CONTRIBUTIONS BY CUSTOMERS AND EMPLOYEES OF THE CITY OF SARASOTA AS WELL AS PATRONS AND SPONSORS OF FRIDAYFEST AT THE VAN WEZEL PERFORMING ARTS HALL TO THE AMERICAN RED CROSS WITH MATCHING FUNDS FROM FLORIDA POWER AND LIGHT FOR VICTIMS OF HURRICANE CHARLEY (AGENDA ITEM XII-3) CD 6:11 through 6:17 Vice Mayor Servian requested that Tracie Pierce, Director of Marketing, Wilde Productions, Wilde Automotive Group, Gail Loeffler, President, Gulf Coast Chapter of Florida Women in Government, Margaret Fuesy, Manager, Marketing Development, Van Wezel Performing Arts Hall, Kevin Lindberg, Executive Director, and Terry Pennekamp, Chair, Board of Directors, American Red Cross, Southwest Florida Chapter, come before the Commission; and stated that the City's campaign to raise funds for the victims of Hurricane Charley was successful; that the City and County of Sarasota were forecasted in the direct path of the storm; that the City and County were spared at the last moment; that City Staff immediately turned attention to help those most affected by Hurricane Charley; that law enforcement personnel and Utilities Department Staff were dispatched to Charlotte County to help victims; that the local chapter of Florida Women in Government offered to coordinate a campaign to raise funds to help victims rebuild; that the Van Wezel Performing Arts Hall (VWPAH) announced FridayFest would be an opportunity for City residents to mal ke contributions or donate supplies and invited Florida Women in Government to collect cash donations; that Florida Women in Government collected $12,208, including $8,000 from Wilde Automotive Group and $100 from Two Men and a Truck which supplied the transportation and staffing for the collection of the supplies; that $500 came from a benevolent VWPAH patron; that the funds were delivered to Florida Power and Light (FPL) to take advantage of the generous matching funds offer; that the amount raised at the FridayFest event was $24,416. Vice Mayor Servian continued that in addition, a total of $5,900 was raised from City Staff and customers; that the total amount raised by the City in approximately 10 days was $18,108; that the FPL matching funds totaled $12,208; that the total amount generated through City action was $30,316; that the check represents the City's efforts to help the victims of Hurricane Charley; that on behalf of the Commission, sincere appreciation is extended for the community support and efforts of City Staff and Florida Women in Government; and on behalf of the City and Florida Women in Government, a check for $18,108 was presented to the American Red Cross. Mr. Lindberg thanked the Commission and contributors on behalf of the Southwest Florida Chapter of the American Red Cross; that the money will go to the Disaster Relief Fund which currently provides emer rgency assistance to the victims of Hurricane Charley; that the response by the Florida Chapters of the American Red Cross to the storm included opening 252 shelters, which protected over 100,000 people, serving over 3 million meals, maintaining 154 emergency response vehicles, canvassing affected areas, and maintaining emergency health and mental health services; that the American Red Cross expenditure estimates for Hurricane Frances are unknown, though 313 shelters, which protected approximately 174,000 people, were opened in the State, over 1 million meals were served over the Labor Day weekend, and nearly 3,000 volunteers from around the Country have converged on affected areas; that the response to Hurricane Charley helped prepare American Red Cross staff for Hurricane Frances; that locally, nearly 5,000 people were sheltered during Hurricane Charley and nearly 3,000 people during Hurricane Frances; that the City and County of Sarasota have been extraordinarily lucky; that the generous contributions are strongly appreciated; that the Southwest Florida Chapter of the American Red Cross extends thanks. 20. SCHEDULED PRESENTATION RE: STATUS OF THE APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE MOORING PERMIT FOR SARASOTA BAY AT CITY ISLAND PRESENTATION GIVEN (AGENDA ITEM XIII-1) CD 6:18 through 6:27 BOOK 57 Page 28578 09/07/04 2:30 P.M. BOOK 5'7 Page 28579 09/07/04 2:30 P.M. Vice Mayor Servian requested that Allan Broadribb, Commodore, and Stan Zimmerman, Secretary, Sarasota Sailing Squadron, come before the Commission, and stated that the presentation is regarding the status of the Sarasota Sailing Squadron (SSS) application to the Florida Department of Environmental Protection (FDEP) for a mooring permit. Mr. Zimmerman stated that making a presentation regarding the status of the mooring field to the Commission is pleasing, especially as the SSS has reached a milestone at no public cost; that some background information concerning the effort to secure a mooring field is necessary; that many boats in Sarasota Bay broke free of their moorings during Hurricane Frances; that 15 boats at the SSS broke free of their moorings as well; that the damage to the boats is the fault of a handful of neglectful boaters whose boats broke free and damaged other boats; that the SSS understood the problem of a lack of a mooring field seven years ago; that a regulated mooring field is required; that the SSS sought to acquire or lease submerged property in Sarasota Bay to establish a mooring field; that the milestone is the completed application by the SSS to manage a mooring field; that the application is a request for a lease from the State for submerged lands; that the application includes water quality studies and a management plan and is the result of hundreds of hours of volunteer effort; that the entire initiative has been, and will be, free to taxpayersi that the application has been submitted along with a $4,000 fee to FDEP; that the application will be reviewed by the Governor and Cabinet, sitting as the Land and Water Adjudicatory Board, if FDEP approves the project; that the City will lease the submerged land from the State if the project is approved by the Governor and Cabinet; that the SSS will then acquire the lease from the City through a Major Conditional Use land development effort; that the lease would add approximately 30 acres to the City's management and control; that the SSS has had the opportunity to request funds from the City, but has not; that the mooring field effort has been entirely funded by SSS membership dues; that the SSS intends to maintain and staff the mooring field at no public cost; that the SSS previously convinced the Department of Community Affairs (DCA) to change key definitions to allow over 149 boats at the SSS which maintains approximately 750 boats; that the SSS has fought many bureaucratic battles for the City regarding the submerged lands lease and the mooring field; that if the project is approved by the State and involved agencies, the hope is the Major Conditional Use land development application process would be a City-initiated process as the lease will be in the City's name, along with the name of the SSS; that the process should be completed in a timely manner; that the Commission's help is requested. Mr. Broadribb stated that the SSS is a world class sailing organization; that the SSS has held lengthy leases with the City; that the City's support for the SSS over the years has been gratifying; that the mooring field will provide a community service at no expense to the Cityi that the hope is the SSS can aid the City with development of a regulated mooring field troubles. Vice Mayor Servian thanked Mr. Broadribb and Mr. Zimmerman for dedicated efforts, and stated that the effort has been long and difficult. Vice Mayor Servian 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. 21. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4566, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [19981) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF THE EASTERN 504.36 FEET OF A PARCEL OF VACANT PROPERTY LOCATED AT 4644 NORTH TAMIAMI TRAIL AND THE FUTURE LAND USE CLASSIFICATION OF AN ADJACENT VACANT PARCEL LOCATED AT 935 46"H STREET FROM THE "SINGLE FAMILY MODERATE DENSITY" FUTURE LAND USE CLASSIFICATION TO THE "COMMUNITY COMMERCIAL" FUTURE LAND USE CLASSIFICATION SUBJECT TO CONDITIONS MORE FULLY SPECIFIED HEREIN; ; SAID PARCELS HAVING A COMBINED AREA OF 2.83 t ACRES; REPEALING ORDINANCES IN CONFLICT, - ETC. (TITLE BOOK 57 Page 28580 09/07/04 2:30 P.M. BOOK 57 Page 28581 09/07/04 2:30 P.M. ONLY) (APPLICATION NO. 04-PA-04, APPLICANT BRUCE E. FRANKLIN) PASSED ON FIRST READING (AGENDA ITEM XIV-A- 1( (A)) AND PROPOSED AGREEMENT AMONG THE CITY OF SARASOTA; DWAYNE, / INC. THE SUBJECT PROPERTY OWNER; AND THE MUSEUM OF ASIAN ART, - INC. A NON-PROFIT 501 (C) (3) CORPORATION, TO REGULATE AND RESTRICT THE USE AND DEVELOPMENT OF THE PROPERTY SUBJECT TO COMPREHENSIVE PLAN AMENDMENT APPLICATION 03-PA- 04 AND ADJACENT PROPERTY TO THE WEST HELD IN COMMON OWNERSHIP. PROPOSED ORDINANCE NO. 04-4566 WOULD RECLASSIFY THE EASTERN PORTION OF THIS PROPERTY FROM THE SINGLE- - FAMILY-MODERATE DENSITY FUTURE LAND USE CLASSIFICATION TO THE COMMUNITY COMMERCIAL CLASSIFICATION = APPROVED WITH THE FOLLOWING CHANGES: ADD A LINE TO PARAGRAPH 14, EFFECTIVE DATE, / PART II, AS FOLLOWS: OTHERWISE, THIS DEVELOPMENT AGREEMENT SHALL TERMINATE UPON THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE MUSEUM; AND REMOVE THE LAST SENTENCE OF PARAGRAPH 6, SITE PLAN TO BE SENSITIVE TO NEARBY RESIDENTIAL PROPERTIES, PART II (AGENDA ITEM XIV-A-1 (B)) CD 6:27 through 7:19 Vice Mayor Servian opened the public hearing regarding a privately-initiated application to amend the Future Land Use Chapter of the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) for property located at 4644 North Tamiami Trail and 935 46th Street; and requested that Robert Fournier, Assistant City Attorney, and David Smith, Senior Planner, Planning and Redevelopment Department, come before the Commission. Mr. Smith referred to a computer-generated map of the Future Land Use Classifications of the area displayed on Chamber monitors, and stated that in April 2004, the amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) was sent by the Commission to the Florida Department of Community Affairs (DCA) for review and comment; that the Objections, Recommendations, and Comments (ORC) Report was returned by the DCA a few weeks ago; that the public hearing concerns adoption of the amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition); that Application No. 03-PA-04 involves the proposed Museum of Asian Art, a large-scale Future Land Use Map amendment submitted by Dwayne, Inc.; that the subject property is located at 935 46th Street at 4622 North Tamiami Trail; that the 2.83-acre site is currently undeveloped; that the current Future Land Use Map defines the area as in the Single Family-Moderate Density Future Land Use Classification; that the Applicant desires approval of the Community Commercial Future Land Use Classification for the subject property, which would expand the Community Commercial Future Land Use Classification into an established residential neighborhood in a manner contrary to the Land Use Classification's general characteristics which discourage the expansion of Community Commercial properties if the property owner is not planning a mixed-use project; that the Applicant's desires regarding mixed-use of the subject property are unknown; that the amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) would decrease the supply of land available for single family uses by 2.83 acres; that the Applicant proposes to develop a museum which would allow for the encroachment of incompatible, non-residential uses into an area surrounded to the north and south of the site by single family homes. Mr. Smith continued that the Single Family-Moderate Density Land Use Classification is more compatible with the uses to the north and south of the subject propertyi that the review indicated infrastructure and services would not be negatively impacted by the proposed change in Land Use Classification; that a development agreement accompanies the amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1988 Edition); : that Staff does not support the development agreement for a number of reasons; that the uses allowed for the Museum of Asian Art would be detrimental to the surrounding residential uses; that the concept of the development agreement confuses the planning and zoning process and creates a precedent other developers may take advantage of; that the development agreement does not restrict the future rezoning of the property to the least intensive commercial zoning; that the Applicant could potentially rezone the subject property into one of five zone districts; that the Planning Board/Local Planning Agency (PBLP) voted to recommend approval in March 2004 by a vote of 3 to 2; that the DCA had no objection to the amendment, though warned the City should consider assigning a non-residential designation more compatible with the single family residential neighborhood; that Staff recommends denial of proposed Ordinance No. 04-4566 which approves Application No. 04-PA-04. BOOK 57 Page 28582 09/07/04 2:30 P.M. BOOK 57 Page 28583 09/07/04 2:30 P.M. Assistant City Attorney Fournier referred to the development agreement included in the Agenda backup material and stated that the development agreement is null and void if the proposed Ordinance is not adopted; however, if the proposed Ordinance is adopted, a condition would require the development agreement be executed by Dwayne, Inc., the owner of the property, and the Museum of Asian Art, prior to second reading; that the development agreement is a three-party agreement among the City, Dwayne, Inc., and the Museum of Asian Art; that the development agreement provides the property owner waives all rights to file any applications for development approval, specifically for a rezoning and site plan approval on the subject property, for a period of three years, if the proposed Ordinance is adopted and the development agreement is approved; that an application for rezoning would be filed by the property owner in the two year period between the third and fifth anniversaries of the development agreement; that the application for rezoning must be accompanied by a proffered site plan for the expanded Museum of Asian Art which is currently operating in the City on South Washington Boulevard; that proffers limiting other uses in the zone district chosen from the five possible zone districts would also be required; that the requirement for a proffer of a restrictive covenant in a form acceptable to the City limiting the use of the property to the Museum of Asian Art is included in the development agreement. Assistant City Attorney Fournier continued that the development agreement obligates Dwayne, Inc., as the current property owner, to donate the property to the Museum of Asian Art within 30 days after the effective date of the future Ordinance approving the rezoning and the site plan; that Dwayne, Inc., as the property owner, and the Museum of Asian Art consent at the time of the execution of the development agreement to the reclassification of the property back to the present Single Family-Moderate Density Future Land Use Classification if certain conditions in the development agreement are met; that foremost of the conditions is if no application for rezoning or site plan is filed in the five-year period or if an application is filed but does not meet the criterion in the development agreement; that the criterion is the site plan must be sensitive to the adjacent residential neighborhood; that the City is not obligated to approve a future rezoning with a proffered site plan; that if the site plan is found incompatible with the neighborhood and denied, the City would be authorized to initiate an amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) to reclassify the property back to the Single Family-Moderate Density Future Land Use Classification. Assistant City Attorney Fournier stated further that other circumstances exist under which the City has the right to reclassify the property and are enumerated in Paragraph 8 of Part II, Covenants and Conditions of Development, of the development agreement; that the initial question for the Commission is the compatibility of the proposed development with the surrounding neighborhood; that if deemed compatible, the Commission can proceed to approve the development agreement and adopt the proposed Ordinance if desired; that if not, the development agreement should not be approved. Assistant City Attorney Fournier further stated that some changes have been made to the development agreement since initially presented to the Commission including the following to Part II, Covenants and Conditions of Development: Paragraph 4 The addition of a specific reference to the proposed Ordinance which was unknown in the Spring 2004 The addition of language to address the possibility the Museum of Asian Art may be ready to file a rezoning and site plan within three years if desired as the three-year grace period is intended to allow the Museum of Asian Art sufficient time to raise funds to initiate construction Paragraph 5 The addition of a requirement the application for rezoning and site plan approval include a proffer of restrictive covenant limiting the use to a museum Paragraph 8 (c),(h), and (j) The inclusion of additional events which would result in the City's ability to reclassify the property back to the Single Family-Moderate Density Future Land Use Classification Assistant City Attorney Fournier stated that the inclusion of the additional events is the result of the previous discussion before the Commission; that Paragraph 8(c), Part II, involves the filing of a site plan for a purpose other than building a museum on the subject property; that Paragraph 8 (h), Part II, BOOK 57 Page 28584 09/07/04 2:30 P.M. BOOK 57 Page 28585 09/07/04 2:30 P.M. was added at the behest of the Commission in the Spring 2004 in case the non-profit status of the Museum of Asian Art is lost; that Paragraph 8( (j), Part II, is a catch-all provision added in case any bona fide or good faith reason exists to believe the Museum of Asian Art has failed to commence fundraising efforts or the project was not going forward; that Paragraph 8, Part II, was lengthened to clarify the procedures for initiation of an amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) would be in accordance with the procedures then in effect and the property owner would receive notification; that finally, the following was added to Paragraph 8, Part II: - - DWAYNE shall complete and sign (1) the standard Power of Attorney and Ownership Disclosure forms used the City when a property owner designates another person to act as agent or attorney purposes of a development approval application and (2) a special Owner Authorization and Consent form prepared by the City Attorney in which DWAYNE, as Owner of the East Parcel, authorizes the City to initiate an Application for a Comprehensive Plan Amendment to reclassify the East Parcel back to the Single Family Moderate Density Future Land Use Classification.. Assistant City Attorney Fournier continued that the special Owner Authorization and Consent form would be prepared prior to second reading of the proposed Ordinance; that Paragraph 10, Part II, involves the possible reclassification of the subject property to the Metropolitan Regional Future Land Use Classification and indicates the following: or to any new classification as the City may in the future deem appropriate.. Assistant City Attorney Fournier further stated that another Future Land Use Classification may be developed which will better accommodate institutional uses and could be utilized if appropriate; that Paragraph 12, Part II, was added since the development agreement is not a development agreement as specified under the Florida Local Government Development Agreement Act, which should be made clear; that a sentence should be added to Paragraph 14, Effective Date, Part II, as follows: .Otherwise, this development agreement shall terminate upon the issuance of the certificate of occupancy for the Museum. Assistant City Attorney Fournier stated further that Paragraph 14, Part II, currently indicates the development agreement will become effective at the time the development agreement is fully executed; however, the development agreement will be terminated if the proposed Ordinance is not adopted on second reading; that language should indicate the development agreement will be terminated at the time the Certificate of Occupancy for the Museum of Asian Art is issued. Assistant City Attorney Fournier quoted the last sentence of Paragraph 6, Part II, as follows: .DWAYNE and MAART [Museum of Asian Art] agree that the structure housing the main museum galleries open to the public and the structure housing the auditorium or theatre, if different, shall be located entirely on the West Parcel and that the site plan to be submitted pursuant to Paragraph 5 above shall be consistent with this provision. Assistant City Attorney Fournier stated that the role of the City Attorney's Office should not be to design the site; that the property could be developed differently; that local residents may prefer the gallery building be located Closer to residences than parking; that the Applicant should seek out opinions and desires of neighborhood residents if the proposed Ordinance is adopted; that the language may be overly restrictive at this time; that sufficient language exists in the development agreement to assure the Applicant develops a site plan sensitive to neighborhood concerns without the provision. Vice Mayor Servian asked if the suggestion is to remove the sentence completely? Assistant City Attorney Fournier stated yes; that the City should have no specific requirements as to the site plan; that the information presented summarizes the changes to the development agreement since the last Commission review. Vice Mayor Servian asked if the two changes to the development agreement included in the Agenda backup material are: 1) addition of a line in Paragraph 14, Effective Date, Part II, BOOK 57 Page 28586 09/07/04 2:30 P.M. BOOK 57 Page 28587 09/07/04 2:30 P.M. and 2) removal of the last sentence in Paragraph 6, Site Plan to be Sensitive to Nearby Residential Properties, Part II? Assistant City Attorney Fournier stated yes. Vice Mayor Servian requested that the Applicant come forward. Dr. Helga Wall-Apelt, Founder and Chair of the Board, Museum of Asian Art, and Bruce Franklin, as agent representing the Museum of Asian Art, came before the Commission. Mr. Franklin stated that the City's presentation and desires were clear; that nothing the City presented is disputed; that the last sentence of Paragraph 6 of the development agreement should be deleted; that the item creates significant limitation on a design team or architect; that the development agreement establishes a significantly higher standard by which a property owner must design a project with particular respect to the surrounding neighborhood; that the fundamental issue of compatibility with the neighborhood and the need to include neighborhood concerns in the design process is important; that representatives of the Museum of Asian Art intend to return to the Commission, assuming the Board can raise sufficient funds and move the process forward with the neighborhood's approval. Dr. Wall-Apelt stated that the question of the adequacy of the 2.83 acres has been raised; that a museum is not easily built on only 2.83 acres; that three-quarters of most museums are used for administration and loading facilities; that the Museum of Asian Art would be better served by six acresi that the administrators wish to improve the local environment through the creation of an Asian garden and an auditorium which will be connected; that the parking situation has not yet been discussed; that the neighborhood would likely oppose parking on the east side of the lot; that parking should be located on the west side of the lot; that the Museum of Asian Art will be a cultural asset to the City; that development issues in an area zoned residential are the primary concern; that the Commission is asked to rezone the 2.83 acres and provide access to the Museum of Asian Art to the community. The following people came before the Commission: Peter Genersich, 1621 Stanford Lane (34231), stated that he had been before the Commission to speak on topics related to the subject property in the past; that the subject property was once owned by his family and has sentimental value; that he grew up and worked on the subject property; that North Tamiami Trail was once the thriving cultural and economic center of the City; that the Commission, in approving the development agreement, will take an important first step in revitalizing the area; that the significant changes over the past few years on North Tamiami Trail have been promising; that the establishment of a museum could be a catalyst for further improvement; that the opportunity is unique; that many property owners are waiting to determine the City's course of action regarding the property; that the concerns of the residents inhabiting bordering properties are understood; that the establishment could benefit thousands of individuals; that the development and planning process is long and can be stopped by the Commission at any time; that the hope is local residents are involved in every step of the processi that the future of North Tamiami Trail is bright. Maria Boka, 5988 Bonaventure Place (34243), stated that she owns two separate properties on 46th Street, specifically 946 and 926 46th Street; that both properties border the site of the proposed Museum of Asian Art; that over the past two years, significant funds have been spent on rejuvenating one of the homes; that the proposal before the Commission is a once-in-a-lifetime opportunity not only for those living in the development area, but for the entire City; that the Museum of Asian Art has the potential to further arts development in the City, contributing to the cultural diversity and artistic breadth of the City; that the Commission is thanked and congratulated in advance for approving the development agreement; that many residents desire the property remain vacant or be developed into single family housing; however, North Tamiami Trail is changing; that Dr. Wall-Apelt has recently spent personal funds on a large crew to clear the entire six acre property site; that Dr. Wall-Apelt is not a developer, but has been a local, concerned resident for over 20 years; that Dr. Wall-Apelt is a collector of important Asian art; that Dr. Wall-Apelt has defined a purpose and a vision in a desire to maintain a home for her valuable collection on North Tamiami Trail; that plans for the Museum of Asian Art call for a pristine segue into the 20-acre, City-owned park directly behind the subject property; that a museum on the subject property is preferable to most other businesses and uses imaginable; that the Museum of Asian Art will not be detrimental to the single family residences to the north and south of the subject property; that the proposed Museum of Asian Art will be BOOK 57 Page 28588 09/07/04 2:30 P.M. BOOK 57 Page 28589 09/07/04 2:30 P.M. comparable to the John and Mable Ringling Museum of Art which is not considered a detriment to North Tamiami Trail; that North Tamiami Trail is in need of revitalization; that establishment of the Museum of Asian Art is not contrary to the City's future plans for the area; that the Commission is urged to approve the application for rezoning. Commissioner Bilyeu referred to a map of the area displayed on Chamber monitors, and asked which residential properties are owned near the property site? Ms. Boka indicated the properties on the map. Tony Falcone, Vice Chair, Museum of Asian Art Board, 220 Davis Boulevard (34237), stated that Dr. Wall-Apelt is a trustworthy, caring individual; that instinct is an important part of business relationships; that Dr. Wall-Apelt's plans for the Museum of Asian Art have allowed him to become a part of something extremely important; that the philosophy of the Museum of Asian Art is to create an awareness of the cultures and philosophies of Asia; that the Museum of Asian Art is also about the commonality of the human condition; that the Museum will doubtless become successful and will be a jewel in the City's cultural crown; that several grants have been received from the Tourist Development Bureau and exhibitions are improving; that the understanding is some local residents have problems with the entire concept of a museum in a single family residential zoned area; that establishment of the Museum of Asian Art is not about enterprise, but about communication. Commissioner Palmer stated that both the development agreement and the proposed Ordinance relate to the reclassification of the subject property; that the area is currently in the Single Family-Moderate Density Future Land Use Classification; that comments from the DCA indicate the property should provide mixed-use if rezoned; that mixed use can be reviewed through the Evaluation and Appraisal (EAR) process. Assistant City Attorney Fournier stated that a possibility is another mixed-use Future Land Use Classification could be developed and applied if one were devised in the course of the EAR process. Commissioner Palmer stated that the document indicates the subject property will return to Single amily-Moderate Density Future Land Use Classification; that the assumption is the City is not tied to the Single Family-Moderate Density Euture Land Use Classification. Assistant City Attorney Fournier stated that the Commission could decide if the property will revert to the Single Family- Moderate Density Future Land Use Classification, or the Commission could use a different Future Land Use Classification if desired. Commissioner Palmer stated that the document indicates the property must be returned to Single Family-Moderate Density Future Land Use Classification. Assistant City Attorney Fournier stated that the development agreement indicates elsewhere the Commission has the authority to rezone the property to the a not-yet-created Future Land Use Classification; that the Commission can rezone the property into Single Family-Moderate Density Future Land Use Classification if the Museum of Asian Art is not built. Commissioner Palmer stated that regardless of the status of the development's progress, the City will initiate a rezoning; that the proposed Ordinance and the development agreement require rezoning the area to the Single Family-Moderate Density Future Land Use Classification; that the indication was the specific rezoning would no longer be definite if a change is made in the Euture Land Use Chapter of the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) during the EAR process. Assistant City Attorney Fournier stated that the Commission maintains the discretionary authority to reclassify the property into any classification deemed fitting; that the proposed Ordinance reclassifies the property to the Community Commercial Future Land Use Classification; that the development agreement is the vehicle by which the property owner authorizes the Commission to reclassify the subject property, though the Commission is not obliged to do sO. Commissioner Palmer stated that a provision exists in the development agreement which indicates the reclassification back to original zoning would be paid for by the developer. Assistant City Attorney Fournier stated that originally, a $2,000 deposit was required of the property owner; that at the BOOK 57 Page 28590 09/07/04 2:30 P.M. BOOK 57 Page 28591 09/07/04 2:30 P.M. request of the Planning and Redevelopment Department, the deposit amount has been raised to $5,000. Commissioner Palmer asked if the $5,000 is placed in escrow? Assistant City Attorney Fournier stated yes; that the deposit will be refunded if no reclassification occurs of the Future Land Use. Commissioner Atkins stated that the position of Staff is understood, and asked Staff's ideal scenario for the subject property? Mr. Smith stated that single family residences are desired in the area; that infill housing off Orange Avenue, had a similar layout, with single family zoning and a vacant parcel of land in the center, designated for single family housing. Commissioner Atkins asked if the expectation of construction of single family housing sO Close to US 41 is wise? Mr. Smith stated that the point is good; that many single family homes exist on US 41. Commissioner Atkins stated that the question involves the Staff's plan for future housing near and on US 41. Mr. Smith stated that single family homes are appropriate for areas just beyond US 41, though not directly along US 41; that multiple family homes are a possibility as well. Commissioner Atkins stated that as the City considers housing near and on US 41, something must happen along US 41 to encourage single family housing. Commissioner Bilyeu referred to the Future Land Use Map for the area displayed on the Chamber monitors, and stated that significant respect is held for Staff; that Staff has previously indicated multi-family or moderate density mixed-uses should be a buffer from commercial uses for single-family homes; that in the area being discussed, commercial uses are immediately adjacent to single-family homes; that the area of single family homes on 47th Street, which is separated, is not a concerni that the area under discussion should be either in the Community Commercial or the Multiple Family-Moderate Density Land Use Classification; that the issue may be raised in the EAR processi that similar situations concerning stormwater retention areas and parking lots have been presented in other areas in the City; that the planning processes can be confusing as the planning processes do not seem to work the same in every area; that planning is not a science, which is understood; that the development agreement is not necessaryi that the development of an Asian garden is exciting; that Asian gardens have been studied and are beautiful; that an Asian garden will enhance the North Tamiami Trail area; that the EAR process will likely address the desired Future Land Use Classification for the area; and asked if the Commission could indicate changing the area to the Community Commercial Land Use Classification? Mr. Smith stated yes; that Staff has conducted an analysis on North Tamiami Trail which has much deeper lots and store frontage than most other major thoroughfares in the City; that the area is more appropriate for commercial development than office development which is seen along South Tamiami Trail and Fruitville Road; that uses in the Community Commercial Future Land Use Classification usually require more land and more parking lots; that in 1998, when the current Future Land Use Map was adopted, sufficient depth from the road was an issue; that 2.83 acres along North Tamiami Trail is currently available for the Museum of Asian Art; that a museum would be appropriate on North Tamiami Trail; that Staff's concern is changing the current Future Land Use Classification on the subject property, which is surrounded by residential uses. Commissioner Bilyeu asked if a fence exists between the single family houses and the park in the vicinity? Commissioner Palmer stated yesi that the area is open to pedestrians. Assistant City Attorney Fournier stated that concern was raised by Staff on numerous conditions regarding the subject property which must be monitored; that the conditions in the development agreement are actually circumstances under which the Commission would have the authority to reclassify the property; that naturally, the list should be as comprehensive and complete as possible. There was no one else signed up to speak and Vice Mayor Servian closed the public hearing. BOOK 57 Page 28592 09/07/04 2:30 P.M. BOOK 57 Page 28593 09/07/04 2:30 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 04- 4566 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Ordinance No. 04-4566 on first reading. Commissioner Atkins stated that the subject property and several other pieces of property will come before the Commission in the next few years and will be put through the same process until the EAR process is completed; that concerns for US 41 are similar to those for US 301; that some clarifying decisions should be made quickly; that rezoning the property to allow development of the Museum of Asian Art is a good idea; that the proposed Ordinance is supported. Commissioner Bilyeu stated that the rezoning is necessary and overdue; that little opposition has been heard from nearby residents. Commissioner Palmer stated that much respect for the Planning and Redevelopment Department exists; however, the proposed Ordinance is supported; that commercial incursions into residential neighborhoods are not often supported; however, the concerns local residents have raised in a lengthy document provided to the Commission have largely been addressed by the development agreement; that the notion of rezoning by development agreement is not founded; that for the record, more of these kind of development agreements will not be supported unless and until demand for a use which is unusual and unique is clear; that the proposed Museum of Asian Art is not a normal commercial intrusion into a neighborhood; that the Museum of Asian Art is compatible with the neighborhood and will be a catalyst for the development of North Tamiami Trail the concept of which is a cultural entrance to the City; that the Community Commercial Future Land Use Classification should not interfere with the nearby residential single family housing. Vice Mayor Servian stated that the proposed Ordinance is supported; that an overwhelming desire exists to work with the neighborhood and make the arrangement work for everyone. Vice Mayor Servian called for a vote on the motion to adopt proposed Ordinance No. 04-4566 and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to approve the development agreement with the City, Dwayne, Inc., and the Museum of Asian Art, with the recommended changes to the development agreement included in the Agenda backup material to: add a line to Paragraph 14, Effective Date, Part II, as follows: . Otherwise, this development agreement shall terminate upon the issuance of the certificate of occupancy for the Museum; and remove the last sentence of Paragraph 6, Site Plan to be sensitive to nearby residential properties, Part II. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 22. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 04R-1801, AMENDING THE INFRASTRUCTURE SALES SURTAX 10-YEAR EXTENSION EXPENDITURE PROJECT DETAIL LIST IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED BY SARASOTA COUNTY ORDINANCE NO. 97-083, PERTAINING TO THE ONE PERCENT (1%) LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX LEVY; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM XIV-A-2) CD 7:20 through 7:22 Vice Mayor Servian opened the public hearing regarding proposed Resolution No. 04R-1801, and requested Gibson Mitchell, Director of Finance, come before the Commission. Mr. Mitchell stated that the proposed Resolution amends the expenditure project detail list from the Infrastructure Sales Surtax 10-year extension, also called the Local Option Sales Tax (L.0.S.T.) extension; that the City is required to hold a public hearing on any proposal which would amend the expenditure project detail list as presented to voters on November 4, 1997; that Project No. 16, Main Street Streetscape, requires additional funding for completion in the amount of $458,649; that in May 2004, Resolution No. 04R-1754 appropriated the funds from the original L.0.S.T. Fund, which was an error; that Project No. 05-M reflects the change in funding from additional BOOK 57 Page 28594 09/07/04 2:30 P.M. BOOK 57 Page 28595 09/07/04 2:30 P.M. revenues of the L.0.S.T. extension not appropriated for existing projects; that the amendment will not affect any project the Commission or voters have approved; that Staff's recommendation is to adopt proposed Resolution No. 04R-1801. There was no one signed up to speak and Vice Mayor Servian closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1801 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution No. 04R-1801. Vice Mayor Servian requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Palmer, yes; Servian, yes; Atkins, yes. 23. CITIZENS' INPUT CONCERNING CITY TOPICS - AGREEMENT TO REFER THE ISSUE OF THE CURFEW FOR VENDORS RENTING CITY PROPERTY TO THE ADMINISTRATION FOR INVESTIGATION (AGENDA ITEM XV) CD 7:22 through 7:29 The following people came before the Commission: Robert Atkins, representing Sarasota Court Watch, 803 Goodrich Avenue (34236), stated that contained in the City of Sarasota Charter (1996) are the rules and regulations for the Commission; that similar to the US Constitution, set standards are implied, one of which is to protect the citizens of the City from fraud, lies, and misinformation; that the minutes of the August 16, 2004, Regular Commission meeting contain statements concerning Sarasota Court Watch which must be corrected; that he is a Sarasota Court Watch volunteer and a former Director of Public Relations; that he has assembled the arrest statistics for the City for the year ending July 31, 2004; that nowhere in the documents is a reference to the economic status of the perpetrators, nor does any document identify a specific ethnic groupi that Sarasota Court Watch was instrumental in establishing an area called the Prostitution Exclusion Lone; that the area's boundaries do not reflect any targeted socio- economic group but are designed to begin the eradication process for prostitutes throughout the City; that the Sarasota Court Watch position, which is to ensure career criminals and repeat offenders receive the maximum sentences as prescribed by law, has been presented; that Sarasota Court Watch pursues justice for the crime and proper punishment for the criminal; that Sarasota Court Watch may not have been the first organization of its kind; however, Sarasota Court Watch has received plaudits from the criminal justice system and the Governor's office; that Sarasota Court Watch does not discriminate. Robert Elder, representing Bob's Hot Dogs, 1962 Main Street (34236), distributed and read copies of three letters to the Commission: his July 28, 2004, letter to the Commission requesting the curfew on vendors renting City property be removed, the restriction on the number of employees to zero be eliminated, and the reason for imposing additional fees beyond normal rents for special events August 2, 2004, letter in response from V. Peter Schneider, Deputy City Manager, indicating Staff does not support any change in the currently allowed vending period of 8:00 a.m. to 9:00 p.m. an August 17, 2004, letter from John Tylee, Executive Director of the Downtown Association supporting expanded evening hours for the sale of hot dogs on City rights-ot-way. Mr. Elder continued that the curfew should be amended sO late night theater patrons can be served; that Mr. Schneider did not concur and asked for input from the Downtown Association which supports allowing vendors to sell in the late evening; that a decision from the Commission is requested. Vice Mayor Servian stated that the Commission does not make decisions under Citizens' Input Concerning City Topics; that hearing no objections, the issue will be referred to the Administration for investigation. Commissioner Atkins asked the curfew for vendors? Mr. Schneider stated that the curfew is currently 9:00 p.m. Mr. Elder stated that no curfew is desired. Millie Small, 1208 Belleflower Street (34232), stated that City and County Staff are thanked for very successful planning and BOOK 57 Page 28596 09/07/04 2:30 P.M. BOOK 57 Page 28597 09/07/04 2:30 P.M. cooperation during Hurricanes Frances and Charley; that the organization and preparations were witnessed firsthand; that more citizens should be aware of the City and the County's preparedness; that the Commissioners, City Manager McNees, Deputy City Manager Schneider, City Auditor and Clerk Robinson, and City Attorney Taylor are thanked for always being friendly and accessible. Commissioner Palmer stated that Ms. Small volunteered for the City through both Hurricane Charley and Frances, and worked with the American Red Cross for an entire week. 24. NEW BUSINESS: DISCUSSION RE: : FLORIDA LEAGUE OF CITIES EXCELLENCE AWARDS - APPOINTED THE CITY AUDITOR AND CLERK TO WORK ALONG WITH THE CITY MANAGER AND CITY ATTORNEY TO OVERSEE THE PROCESS FOR SUBMITTING AN APPLICATION FOR THE FLORIDA LEAGUE OF CITIES EXCELLENCE AWARDS ON BEHALF OF THE CITY OF SARASOTA (AGENDA ITEM XVII-1) CD 7:29 through 7:32 Vice Mayor Servian stated that the item was placed on the agenda by Commissioner Palmer. Commissioner Palmer stated that the item relates to the Cities of Excellence Award by the Florida League of Cities (FLC); that Staff attended the Regional and Local League Luncheon at the 2004 Conference of the Florida League of Cities; that the leadership of the FLC indicated municipal governments should begin preparation to apply for the various award categories; that the City should apply for the City of Excellence Award; that a consensus is requested for the Office of the City Auditor and Clerk, which will soon employ a Public Information Officer (PIO), and the City Manager's Office, to oversee the process of applying for the City of Excellence Award. Commissioner Atkins agreed, and stated that news of Vice Mayor Servian's appointment as Chair of the FLC's Municipal Finance and Taxation Committee was pleasing; that throughout the application process, the cities which receive the most awards are the cities which participate the most. Commissioner Bilyeu agreed. Vice Mayor Servian stated that hearing no objections, the item is referred to the Office of the City Auditor and Clerk and the City Manager's Office to work on the application; that the participation of City Commissioners with the FLC at any and all levels possible is important. Commissioner Palmer stated that the City Attorney's Office should also be involved in the process as necessaryi that the request is for the participation of the City Auditor and Clerk and the City Manager. Commissioner Bilyeu stated that the City is certainly worthy of winning or being nominated for City of Excellence. Commissioner Palmer stated that the City has applied for the City of Excellence Award last yeari however, the previous application has not been as strong as possible; that the current application should be started soon. 25. NEW BUSINESS: APPROVAL RE: REQUEST FOR THE CITY ATTORNEY' S OFFICE TO SEEK MODIFICATION OF THE STIPULATED FINAL JUDGMENT ENTERED ON JULY 16, 1999, IN CIRCUIT COURT CASE NO. 98-4342-CA-01, CITY OF SARASOTA VERSUS MONTGOMERY ROBERTS ASSOCIATES TO CLARIFY THAT THE USE AND DISPOSITION OF THE PROPERTY FOR COMMUNITY REDEVELOPMENT PURPOSES IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT ACT IS A USE WHICH IS FOR A PUBLIC PURPOSE - APPROVED AND AUTHORIZED FUNDS TO COME FROM THE TIF FUND (AGENDA ITEM XVII-2) CD 7:32 through 7:44 Vice Mayor Servian stated that the request is for authorization to seek a modification to a stipulated final judgment. Assistant City Attorney Fournier stated that the item involves the piece of real property owned by the City on Palm Avenue which would be at least a portion of the property involved the proposed Plaza Verdi project; that the property was acquired by the City through an eminent domain action which was instituted by the City in the late 1990s; that the City Attorney's Office has ordered a Title Search Report for the property to acquire all information concerning the Sarasota Opera's easement on the property; that a copy of the Title Search Report was provided to Michael Hartenstine, Real Estate Transaction Attorney, Ersa Grae Corporation, the developer of the Plaza Verdi project; that Mr. Hartenstine noted an item in the Title Search Report which would require seeking a modification of the judgment; that the City Attorney's Office recommended the modification be sought; that BOOK 57 Page 28598 09/07/04 2:30 P.M. BOOK 57 Page 28599 09/07/04 2:30 P.M. authorization from the Commission was desired prior to seeking modification. Assistant City Attorney Fournier continued that government can condemn private property only if: 1) the land is taken for public use, and 2) just compensation is paid the owner of the propertyi that thusly, condemnation lawsuits begin with a public purpose phase, in which the court decides if the taking of the property is for a valid public purposei that if SO, the compensation phase, in which just compensation for the property owner is determined, follows. Assistant City Attorney Fournier quoted and referred to the Stipulated Partial Final Judgment dated February 16, 1999, included in the Agenda backup material as Eollows: 1. The provision of public off-street parking facilities in the Downtown and Theater and Arts Districts of the City of Sarasota is a public purpose 2. This Court shall schedule, for a later date after the completion of discovery, a jury trial regarding full and just compensation to be paid by Petitioner, City of Sarasota . Assistant City Attorney Fournier stated that the Stipulated Partial Final Judgment does not require modification but is essential background information. Assistant City Attorney Fournier referred to a Stipulated Final Judgment dated August 16, 1999, included in the Agenda backup material stated that the judgment was the result of a stipulation between the City and the property owner, Montgomery Roberts Associates, which received an appraisal for the property of $2,381,000; however, City Staff felt the appraisal was more than the property was worth; that City Staff believed the value was approximately $1,500,000; that a settlement was reached agreeing to a property value of $2,381,000, though only $1, 800,000 would be the amount paid by the City; that in accordance with Paragraph 2 of the judgment, Montgomery Roberts Associates made a gift, or charitable contribution for the public good, of the difference to the City; that Paragraph 4 of the judgment requires the petitioner's use of the property be "for the public good"; that the judgment is part of the public record, appearing in a title search of the property; Assistant City Attorney Fournier continued that Mr. Hartenstine believes, due to the amount of money involved in the proposed Plaza Verdi project, the Lender's Council may have some concerns over the provision, and the title insurer may also have similar concerns; that the Lender's Council may be unwilling to allow a commercial lender client to assume any risk; that the security interest in the property may be impaired if the proposed Plaza Verdi mixed-use project was later found not to be for the public good; that some clarification is required; that Paragraph 4 is not necessary in the Stipulated Final Judgment; that the Stipulated Partial Final Judgment already made a finding indicating public parking is for the public good and indicates as long as public off-street parking is provided on the site, the use is for the public good; however, the second Stipulated Final Judgment implies the property must be used exclusively for public parking to satisfy the requirement of being for the public good; that to avoid problems with conveyance of the property to the Ersa Grae Corporation at a closing, the City Attorney's Office chose to correct the problem at the current time; that the modification can be made through a relatively simple procedure; that a simple request is made for modification; that the first choice of the City Attorney's Office would be to remove the stipulation; that if the court is unwilling to remove the stipulation, a provision in the Florida Statutes which supports the proposition a mixed-use development of this nature is for the public good can be invoked, and quoted Section 163.335(3): It is further found and declared that the powers conferred by this part are for public uses and purposes for which public money may be expended, the power of eminent domain and the police power exercised and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination. Assistant City Attorney Fournier further stated that the provision supports the premise of conveyance of the property, pursuant to the Community Redevelopment Act for community redevelopment purposes, satisfies the public purpose requirement; that Ersa Grae Corporation would be appeased if the order either sO provided or eliminated from the Stipulated Final Judgment Paragraph 4; that authorization to proceed to file the motion to obtain modification to the August 16, 1999, Stipulated Final Judgment is requested. Commissioner Palmer asked if the problem has arisen in the past? BOOK 57 Page 28600 09/07/04 2:30 P.M. BOOK 57 Page 28601 09/07/04 2:30 P.M. Assistant City Attorney Fournier stated no; that the reason is, the finding of public purpose was in the initial Stipulated Partial Final Judgment; that the charitable contribution comprising the difference between the appraised value and the amount the City paid the property owners was not previously considered. Commissioner Palmer asked the time frame for obtaining the modification? Assistant City Attorney Fournier stated that the issue could be rectified in a few months; that a single hearing may ensure the modification; that preparations for a motion must be made; that Michael Connelly, Attorney, City Attorney's Office, who handled the original eminent domain action in the City Attorney's Office, is in contact with the attorney representing Montgomery Roberts Associates which has no problems with the proposed modification. Commissioner Palmer asked if the Ersa Grae Corporation's productivity will be affected by the proceedings, and if the City will have trouble negotiating with the Ersa Grae Corporation as the development project progresses? Assistant City Attorney Fournier stated no; that matters with the Ersa Grae Corporation will be helped by a swift resolution of the issue; that the matter would not be urgent if the City were retaining ownership of the site; that the same problem would arise if the proposed Plaza Verdi project were to fall through and the City considered conveying the site to another developer for community redevelopment purposes. Commissioner Palmer asked if the City's potential future burden is the reason the City Attorney's Office is suggesting the City pay for the action alone? Assistant City Attorney Fournier stated yes. Vice Mayor Servian asked if the legal actions would be financed with Tax Increment Financing (TIF) funds? Assistant City Attorney Fournier stated that the answer is unknown. Vice Mayer Servian stated that the item is a TIF District/Community Redevelopment Agency (CRA) expenditure. Assistant City Attorney Fournier stated that the actions could be financed through the TIF Fund. Vice Mayor Servian stated that expenditures from the TIF fund should be closely monitored; that similar legal action was taken regarding a parking lot on Fillmore Street at St. Armands Circle regarding a property being conveyed or bonded over; that the appraised value was higher than the City believed the property was worth. Assistant City Attorney Fournier stated that similar settlement may have been reached. Vice Mayor Servian stated that similar language regarding the public good was used in both cases; that as a former lender, the item in the second Stipulated Final Judgment would stop a lender from lending anyone money before the item is Cleared; that the notion of the public good is vague. Assistant City Attorney Fournier stated that although the risk is very small, the Lender's Council would probably raise the issue; that the City Attorney's Office thought the issue should be resolved sooner rather than later. There was no one signed up to speak. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to seek modification to the Stipulated Final Judgment entered in the case of the City of Sarasota versus Montgomery Roberts Associates. Commissioner Palmer asked if a clarification could be made explicitly indicating the funds for legal services would be drawn from the TIE fund? Commissioner Atkins, as the maker of the motion, with the approval of Commissioner Bilyeu, as the seconder, agreed. Vice Mayor Servian called for a vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. 26. NEW BUSINESS: APPROVAL RE: : DESIGNATION OF THE PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD AS THE CITY'S BROWNFIELD ADVISORY COMMITTEE AS REQUIRED BY THE BOOK 57 Page 28602 09/07/04 2:30 P.M. BOOK 57 Page 28603 09/07/04 2:30 P.M. BROWNFIELDS REDEVELOPMENT ACT - APPROVED (AGENDA ITEM XVII-3) CD 7:44 through 7:50 Vice Mayor Servian stated that the item concerns the designation of the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) as the City's Browntlelds Advisory Committee. Robert Fournier, Assistant City Attorney, stated that the City has recently designated two sites as brownfields in accordance with the Brownfields Redevelopment Act of the Florida Statutes; that one site is the Sarasota Dreambuilder's site on the block between Lemon Avenue and Central Avenue, north of Dr. Martin Luther King, Jr. Way; that the other site is the City-owned Urbaculture site; that the City has an interlocal agreement with the County for County Staff to provide support in the analysis of the applications; however, the actual designations were accomplished by resolution of the City Commission on the recommendation of the Planning Board/Local Planning Agency (PBLP); that the Brownfields Redevelopment Act requires the appointment and designation of a Brownfields Advisory Committee; that the Statute makes a distinction between the designation of Brownfield Areas, which can be neighborhood-wide and include sites not designated as brownfields, and the designation of specific sites as Brownfield sites; Assistant City Attorney Fournier continued that some ambiguity in the Statute exists as to if the proposed Committee is necessary for designating specific sites as opposed to neignporhood-wide areas; that creating a Brownfields Advisory Committee is prudent nonetheless; that the Statute describes a Brownfields Advisory Committee as either a new or preexisting committee; that the person responsible for the site's rehabilitation must first obtain a site assessment report; that if contamination is found to exist, the owner must enter into a Brownfields Site Rehabilitation Agreement with the Florida Department of Environmental Protection (FDEP); that before entering into the agreement, the person responsible must notify the Brownfields Advisory Committee of the intent to rehabilitate the site and present the site assessment report; that the Brownfields Advisory Committee does not have the authority to deny approval of the agreement, but has the authority to make comments regarding the site assessment report which is later forwarded to FDEP; that Staff has come to the conclusion the City's existing Parks Board may comprise a suitable Brownfields Advisory Committee; that the Ordinance which created the Parks Board has been studied; that the delegation of authority is broad enough to include the dual functioning; that designation would be made by the Commission. Commissioner Bilyeu stated that creating a Brownfields Advisory Committee from the Parks Board is an excellent idea; and asked City Auditor and Clerk Robinson the number of vacancies on the Parks Board? City Auditor and Clerk Robinson stated that two vacancies currently exist. Commissioner Bilyeu stated that perhaps Staff from the Newtown Redevelopment Office could recruit two new people. Commissioner Palmer asked if the Parks Board will be the final reviewing body before reports are sent to the FDEP, or if reports will come before the Commission first? Assistant City Attorney Fournier stated that nothing requires the actions of the Brownfields Advisory Board to come before the Commission. Commissioner Palmer asked if the Commission would be receiving minutes of the meetings of the Brownfields Advisory Board? Assistant City Attorney Fournier stated yes. City Manager McNees stated that any significant action, beyond what is required in the Florida Statutes, would be brought before the Commission. There was no one signed up to speak. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to designate the Parks, Recreation, and Environmental Protection Advisory Board as the City's Brownfields Advisory Committee pursuant to the Brownfields Redevelopment Act of the Florida Statutes. Vice Mayor Servian stated that the Florida Brownfields Conference will be held in the City on October 4th, 5th, and 6th 2004; that the Parks Board should be advised of the conference. BOOK 57 Page 28604 09/07/04 2:30 P.M. BOOK 57 Page 28605 09/07/04 2:30 P.M. Commissioner Atkins stated that the two vacant positions could be filled prior to the conference. Commissioner Palmer stated that the Brownfields Conterence is free for City Staff. Vice Mayor Servian asked for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes. 27. NEW BUSINESS: DISCUSSION RE: APPROVAL RE: INITIATION OF EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENT TO THE COMPREHENSIVE PLAN FOR WALK-TO-TOWN HOUSING - APPROVED INITIATION OF THE AMENDMENT OT INCORPORATE THE DOWNTOWN EDGE, / DOWNTOWN CORE / AND THE DOWNTOWN BAYFRONT ZONE DIS STRICTS (AGENDA ITEM XVII-4) CD 7:50 through 7:59 Vice Mayor Servian stated that the item is to approve initiation during the Evaluation and Appraisal Report (EAR) process of an amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) for walk-to-town housing. John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission, and stated that the Commission, sitting as the Community Redevelopment Agency (CRA) at the June 30, 2004 Special CRA meeting, received a recommendation from the CRA Advisory Board and passed a motion to recommend the Commission approve initiating an amendment to the City's Comprehensive Plan (a/k/a Sarasota City Plan, 1998 Edition) for walk-to-town housing with relationship to density in the Downtown Edge Zone District; that Staff recommends the Commission direct the Administration for in the EAR process an EAR-based amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) to include walk-to-town housing; that after the Agenda request form was completed, Staff met with the CRA Advisory Board at its August 26, 2004, Regular Meeting and discussed the August 24, 2004, Commission workshop concerning affordable housing initiatives; that as part of the discussion, the CRA Advisory Board made a motion to proceed with the amendment but not to limit the amendment to the Downtown Edge Zone District; that during the August 24, 2004, Commission workshop concerning affordable housing initiatives, Staff outlined a general concept as capable of providing significant flexibility while not being limited to the Downtown Edge Zone District. Commissioner Palmer asked if the implication is all Downtown Zone Districts would be affected? Mr. Burg stated that involving all Downtown Zone Districts is possible; that Staff suggested including three or all four Downtown Zone Districts and outlined the total housing capacity for the Downtown area as slightly fewer than 7,000 dwelling units; that the original proposal called for consideration of the Downtown Edge Zone District which is between the Downtown Core Zone District and the Downtown Neighborhood Zone District; that the Downtown Edge Zone District has a maximum height of five stories and density would be increased from 25 dwelling units to possibly 100 dwelling units with the provision affordable housing be provided in each development for perpetuity; that the CRA Advisory Board suggested not limiting the initiative to the Downtown Edge Zone District. Commissioner Palmer asked the specific zone districts the CRA Advisory Board desires to include? Mr. Burg stated that possibilities include the Downtown Core Zone District, a version of which is represented in the Downtown Residential Overlay District (DROD), which is not as strong a mechanism as the current proposal for affordable housing for perpetuity; that the increased density could conceivably be extended to the Downtown Neighborhood Zone District. David Smith, Senior Planner, Planning and Redevelopment Department, came before the Commission, and stated that during the August 24, 2004, Commission workshop, Staff indicated the DROD could be expanded to the Downtown Urban Mixed-Use Future Land Use Classification, not the Downtown Neighborhood Zone District; that the Downtown Bayfront, the Downtown Core, and the Downtown Edge Zone Districts would also be included in the Downtown Urban Mixed-Use Euture Land Use Classification; that only the three Zone Districts in the Downtown Urban Mixed-Use Future Land Use Classification were personally considered for incorporation into a walk-to-town amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition); that approximately 6,900 dwelling units would be available; that the current number of dwelling units is less than half the proposed number; that density bonuses could be offered similar to those offered in the DROD; that bonuses would be linked to a BOOK 57 Page 28606 09/07/04 2:30 P.M. BOOK 57 Page 28607 09/07/04 2:30 P.M. contribution to the Affordable Housing Trust Fund or provision of affordable housing; that the amount of contribution to the Affordable Housing Trust Eund should be comparable to the true cost of an affordable housing unit. Vice Mayor Servian stated that the City is attempting to raise the current $1,500-per-unit contribution to the Affordable Housing Trust Fund; that at the only development to which the stipulation applies, only a small portion of generated funds is contributed to the Affordable Housing Trust Fund; that the amount contributed is less than the cost of a single unit in the building; that expanding the requirements throughout the Downtown area is a good idea. Mr. Burg stated that the CRA Advisory Board has recently asked Staff to pursue a proposal from Economic Research Associates to aid in an analysis of an appropriate contribution to the Affordable Housing Trust Fund. Vice Mayor Servian stated that the information should be provided to the Commission. Mr. Burg stated that the information will be provided to the Commission. There was no one signed up to speak. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to direct Staff to include in the Evaluation and Appraisal Report (EAR) process an EAR-based amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) to include walk-to-town housing with a relationship to density. Commissioner Palmer asked if the Downtown Neighborhood Zone District is included in the motion? Commissioner Atkins stated that the motion was clear; that specifics regarding zone districts were not included; that the intent of the wording of the motion was to encourage the process in hope of fostering an open, objective attitude toward identifying locations for opportunities to develop affordable housing. Commissioner Palmer stated that the Downtown Neighborhood Zone District should not be included; that the motion should be clarified to assure the Downtown Neighborhood Zone District is not included. Commissioner Atkins stated that the motion has been clarified; that the motion was intentionally devoid of specific references as to zone districts. Commissioner Palmer stated that the Commission should be clear concerning the motion prior to voting. Mr. Burg stated that the Administrative recommendation included only the Downtown Edge Zone District; that including the Downtown Edge and Downtown Bayfront Zone Districts would be supported. Commissioner Palmer stated that the Administration is not supportive of including the Downtown Neighborhood Zone District. Mr. Burg stated that is correct. Commissioner Palmer stated that the desire is to assure the Downtown Neighborhood Zone District is not included in any supported motion. Commissioner Atkins stated that the motion supports the Administration's recommendation. Vice Mayor Servian restated the motion as to approve the Administration's recommendation to direct Staff to include in the Evaluation and Appraisal Report (EAR) process, an EAR-based amendment to the City's Comprehensive Plan (a/k/a the Sarasota City Plan, 1998 Edition) to include walk-to-town housing in the Downtown Edge Zone District and also to incorporate in the amendment the Downtown Core and the Downtown Bayfront Zone Districts and called for a vote on the motion. Vice Mayor Servian called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes. BOOK 57 Page 28608 09/07/04 2:30 P.M. BOOK 57 Page 28609 09/07/04 2:30 P.M. 28. ADJOURN (AGENDA ITEM XVIII) CD 7:59 There being no further business, Vice Mayor Servian adjourned the Regular meeting of the City Commission of September 7, 2004, at 8:00 p.m. Man MARY ANN SERVEAN, VICE MAYOR ATTEST Buily m Rotenson BILLY E. ROBINSON, CITY AUDITOR AND CLERK