BOOK 55 Page 26450 11/17/03 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 17, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, Deputy City Auditor and Clerk McGowan, and City Attorney Richard J. Taylor ABSENT: City Auditor and Clerk Billy E. Robinson PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:30 Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add Commission Presentations, Item No. IX-3, Presentation Re: Recognition of John Wilkes, Executive Director of the Van Wezel Performing Arts Hall, for being selected for one of four Arts Leadership Awards by the Sarasota County Arts Council at its 2003 Awards Celebration held on November 10, 2003, per the request of Mayor Palmer. B. Add Commission Presentations, Item No. IX-4, Presentation Re: Basket of local farm commodities in recognition of "Farm City Week,' IT per the request of Rory Martin, President, Sarasota County Farm Bureau. C. Add Board Appointments, Item No. V-7, Appointment Re: Sarasota Housing Authority Board, per the request of Mayor Palmer. Mayor Palmer asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Palmer stated that BOOK 55 Page 26451 11/17/03 2:30 P.M. hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Mayor Palmer asked if any Commissioner wished to remove an item from Consent Agenda Nos. 1 or 2; and hearing none, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. 2. CITIZENS' INPUT CONCERNING CITY TOPICS REFERRED TO THE ADMINISTRATION TO BRING BACK A REPORT ON THE SIESTA DRIVE DRAINAGE PROJECT (AGENDA ITEM I) CD 2:30 through 2:31 The following person came before the Commission: Betty Frostad, 896 Freeling Drive (34242), President, Bay Island-Siesta Homeowners Association, stated that the Bay Island-Siesta Homeowners Association strongly opposes the Siesta Drive drainage project as proposed; that the Assoclation is requesting the City investigate alternative drainage solutions; that the current plan is both unsafe and unsightly; that open drainage is totally inappropriate for a high traffic urban area; that the Commission is requested to identify a suitable alternative solution. Mayor Palmer asked if the consensus of the Commission is to refer the issue to the Administration. Vice Mayor Martin and Commissioner Atkins stated yes. Commissioner Servian stated that the issue should be referred to the Administration; that several meetings have been held with the neighborhood and at City Hall; that the project as proposed in 1999 is a concern; that the project is under construction at this time and the residents have voiced concern. Mayor Palmer stated that hearing no objections, the issue is referred to the Administration to bring back a report. 3. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 3, 2003 = APPROVED (AGENDA ITEM II) CD 2:31 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes BOOK 55 Page 26452 11/17/03 2:30 P.M. of the November 3, 2003, Regular Commission meeting are approved by unanimous consent. 4. BOARD ACTIONS RE: : REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETINGS OF OCTOBER 8, 2003 AND OCTOBER 15, 2003 - RECEIVED REPORTS; SET PROPOSED ZONING TEXT AMENDMENT APPLICATION NO. 03-ZTA-04 FOR PUBLIC HEARING WITH THE DELETION OF ITEMS 10, 14 AND 21 AS RECOMMENDED BY THE PLANNING BOARD/LOCAL PLANNING AGENCY (AGENDA ITEM II) CD 2:31 through 2:38 Robert Lindsay, Chair of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Redevelopment, came before the Commission. Mr. Lindsay stated that the following items were discussed at the October 8 and 15, 2003, Regular PBLP meetings: A. Zoning Text Amendment No. 03-ZTA-04 Mr. Lindsay stated that the PBLP conducted a public hearing on October 15, 2003, to receive public testimony concerning Zoning Text Amendment Application No. 03-ZTA-04 which contains 22 proposed text amendments to the Zoning Code (2002 Ed.); that at its October 15, 2003, meeting, the PBLP voted unanimously to find proposed Zoning Text Amendment Application No. 03-ZTA-04 satisfies the Standards for Review in Section IV-1206, Zoning Code (2002 Ed.), subject to a revision of Item 10 as follows: Item 10 Sarasota Memorial Add the following uses: Hospital: Section "delicatessen, drug store or VII-904, Accessory pharmacy, restaurant and health Use Standards. club" in the Minor Conditional Use category. Mr. Lindsay continued that Item 11 as follows was removed from consideration at the October 15, 2003, PBLP meeting, AND subsequently recommended for approval at the November 12, 2003, PBLP meeting in anticipation of additional information being presented at the December 10, 2003, PBLP meeting: Item 11 Future Land Use and Delete the Central City Future Implementing Zone Land Use Classification and add BOOK 55 Page 26453 11/17/03 2:30 P.M. Districts Table: the Downtown Urban Mixed Use and Table of Section Downtown Urban General Future VI-101, Purpose of Land Use Classifications and Zone Districts implementing zone districts. Mr. Lindsay stated further that the PBLP recommended denial of Items 14 and 21 as follows: Item 14 Notice of Public Hearing Sign Revise notice sign size Size and Placement Revisions: and placement standards. Section IV-202 (D) (2) (e), Notice of Public Hearing Item 21 Placement of Caged Pools: Clarification of Section VII-903(A) (1), allowing caged pools in Residential Accessory the front yards of Buildings and Structures residential zone districts if the setback is met. Mr. Lindsay further stated that the PBLP voted unanimously 5 to 0 to request Staff further review Item 21 since the issue of eliminating permitting of caged pools in front yards of homes is complex. Mayor Palmer stated that the understanding is further research will be conducted regarding Item 21; that the Commission is being requested to set Zoning Text Amendment Application No. 03-ZTA-04 for public hearing but to eliminate Items 10, 14, 21. Mr. Lindsay stated that is correct. Commissioner Servian asked if an explanation was provided as to the reason Item 21 regarding placement of pool cages in front yards was brought forward? Mr. Lindsay stated that residents in a Lido Key neighborhood indicated concern regarding a proposed pool and pool cage in the front yard of a house which was either being constructed or remodeled and requested similar construction not be allowed in the future. Commissioner Servian stated that the individual constructing or remodeling the house requested a variance from the Board of Adjustment to construct the pool and pool cage but did not receive a ruling due to a technicality. BOOK 55 Page 26454 11/17/03 2:30 P.M. Mr. Lindsay stated that the current status of the variance request is not known; and continued Staff will develop reasonable language for Item 21; that a question is if citizens Citywide find pool cages in front yards offensive or unattractive; that many other considerations exist such as a house constructed at the back of a deep lot; that such a house would not be allowed to construct a pool even though the lot may be several hundred feet deep; that the issue must be carefully examined prior to being made a Citywide policy. Vice Mayor Martin asked if Planning and Redevelopment Staff will be developing further language for Item 21? Ms. Robinson stated that Planning and Redevelopment Staff will work with Building Staff to determine the definition for front yard; that the front yard could be the front yard setback or the area between the house and the front yard setback; that language allowing pools with no cages in the front yard will be researched; that the entire issue requires further examination. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to set proposed Zoning Text Amendment Application No. 03-ZTA-04 for public hearing with the deletion of Items 10, 14, and 21 as recommended by the Planning Board/Local Planning Agency. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Mr. Lindsay stated that additional information concerning Item 11 will be brought back as soon as a clear time frame for the settlement of the Challenge to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), is identified. B. Proposed Rezone Application No. 03-RE-10 and Site Plan Application No. 03-SP-21: 108 apartment units at 3688 Fruitville Road Mr. Lindsay stated that the PBLP conducted a public hearing on October 8, 2003, regarding proposed Rezone Application No. 03- RE-10 and accompanying Site Plan Application No. 03-SP-21 for 108 apartment units at 3688 Fruitville Road; that testimony was received regarding sewer capacity problems in the area served by BOOK 55 Page 26455 11/17/03 2:30 P.M. Lift Station No. 52; that the PBLP unanimously recommended denial of the application by a vote of 5 to 0, in part, due to the sewer capacity problems and believed the decision would have severe implications for other developments in the same area; that a chronic problem exists of old private collection lines from houses to the street allows a significant amount of stormwater intrusion into the lift station; that the lift station is not able to pump the additional intrusion; that the infrastructure has deteriorated; that the PBLP believes the lift station will be aggravated by increased stormwater intrusion until the collection lines are repaired; that a concurrency analysis with the City's Comprehensive Plan is based on treatment capacity rather than collection capacity; that the City's treatment plant is adequate; however, the problem is with local collection in the area; that some action should be taken to rectify local collection in the area as soon as possible. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a more appropriate time to discuss the details of the issue would be at the public hearing during the evening session. Mayor Palmer requested that Douglas Taylor, Deputy Director of Public Works, come before the Commission to present the information provided to the Commission subsequent to the PBLP's action. Mr. Taylor referred to his October 28, 2003, memorandum to the Commission regarding Lift Station No. 52 sanitary sewer collection area included in the Agenda backup material; and stated that the Utilities Capital Improvement Plan includes replacement of the force main which carries sewage from Lift Station No. 52 at the time Lockwood Ridge Road is widened to four lanes by Sarasota County; that the road project is currently scheduled for construction in fiscal year (FY) 2007/08; that replacement of the force main is included in the Capital Improvement Plan as an upgrade of infrastructure associated with the roadway project; that the upgrade will increase the wet weather capacity by approximately 60 percent. Mayor Palmer stated that the details will be discussed at the public hearing during the evening session; that Staff provided the report as a result of the action of the PBLP regarding the item. BOOK 55 Page 26456 11/17/03 2:30 P.M. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to receive the Planning Board/Local Planning Agency (PBLP) reports of the October 8 and 15, 2003, meetings. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 5. BOARD ACTIONS RE: : REPORT RE: HISTORIC PRESERVATION BOARD' S REGULAR MEETING OF OCTOBER 14, 2003 = SET HISTORIC DESIGNATION PETITION NO. 03-HD-05 FOR PUBLIC HEARING i RECEIVED REPORT (AGENDA ITEM III) CD 2:38 through 2:39 Tom Luzier, Chair of the Historic Preservation Board, and Harvey Hoglund, Senior Planner, Planning and Redevelopment, came before the Commission. Mr. Luzier presented the following items from the October 14, 2003, meeting of the Historic Preservation Board: A. Historic Designation Application No. 03-HD-05 Whitaker Cemetery 1232 12th Street Mr. Luzier stated that the Historic Preservation Board held a public hearing to consider Historic Designation Application No. 03-HD-905 for the property at 1232 12th Street, historically known as The Whitaker Cemetery, which is maintained by the Daughters of the American Revolution; that Staff from the Sarasota County Department of Historical Resources determined the cemetery possesses integrity of location, design, setting, materials, workmanship and association and is of historical significance; that at its October 15, 2003, meeting, the Historic Preservation Board unanimously by a 5 to 0 vote recommended Commission approval of historic designation for the Whitaker Cemetery based on criteria listed under Section IV-806(A) of the Zoning Code (2002 Ed.) as follows: 3. Is associated with the life of a person who played a significant role in State, Local or National history. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to set Historic Designation Application No. 03-HD-05 for public hearing. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yesi Martin, yesi Servian, yes; Palmer, yes. BOOK 55 Page 26457 11/17/03 2:30 P.M. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to receive the Historic Preservation Board's report of the October 14, 2003, meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yesi Palmer, yes. 6. BOARD ACTIONS RE : APPROVAL RE: LIDO BEACH FACILITIES TASK FORCE = DIRECTED STAFF TO BRING BACK AN APPROPRIATION OF 50 PERCENT OF THE COST TO RENOVATE THE LIDO POOL MINUS PRIVATE CONTRIBUTIONS AND REQUEST SARASOTA COUNTY TO CONTRIBUTE 50 PERCENT MINUS PRIVATE CONTRIBUTIONS (AGENDA ITEM IV) CD 2:39 through 2:55 Chris Blue, Chair, Lido Beach Facilities Task Force (Task Force), came before the Commission, referred to a progress update included in the Agenda backup material throughout the discussion; and stated that the Task Force has been moving forward; that the report content continues to evolve and progress; that renderings provided by Thorning Little are engaging and delightful; that a more formal and complete report will be provided during mid- December 2003; that the Task Force has been severely distracted by the renovation of the Lido Pool; that in September 2003, a group of citizens which included the Coalition of City Neighborhoods Association (CCNA), the Lido Key Residents Association, the Historical Society of Sarasota County (HSOSC), and members of the Task Force formed the Concerned Citizens for the Completion of the Lido Pool Renovation (Concerned Citizens Group) ; that in October 2003, after much deliberation which included debating the various means by which the pool's renovation could be funded, the Concerned Citizens Group composed a letter to the Sarasota County Board of County Commissioners (BCC) and the City Commissioners; that the letter has been presented to the Task Force, the HSOSC, the Sarasota County Council of Neighborhood Associations, Inc. (CONA), and the CCNA; that all but CONA endorsed the letter as presented; that CONA chose to compose a letter which will more fairly represent Sarasota County; that the October 2003 letter from the Concerned Citizens Group and the November 11, 2003, letter from CONA to the BCC and the City Commission regarding the Lido Pool renovation is included in the Agenda backup material. Mr. Blue continued that many different opinions exist as to covering the funding gap sO the pool renovation can proceed; that the funding gap at this time is approximately $128,000; that proceeding without assurance from the Commission of a commitment BOOK 55 Page 26458 11/17/03 2:30 P.M. to the renovation of the pool will be difficult for the Task Force; that the Task Force has a guiding principle which is the facility without the pool or the pool without the facility really does not make sense for the property; that the Task Force was formed and chartered to focus on the pool's surrounding amenities; that the understanding of the Task Force was the pool's renovation was basically the responsibility of the City; that the Task Force was formed to include a relatively fair representation of the community of users; that the Commission is requested to consider the proposal since the Task Force has taken the time to thoroughly discuss the possible alternatives; that the bid from Tampa Contracting, Inc., for the pool renovation is only effective until December 6, 2003; that the Commission is requested to take action quickly; that the Task Force plans to address the issue with the BCC at their November 18, 2003, Regular meeting at 1:30 p.m. in Venice, Florida; that the proposal is simple which is the City and Sarasota County will split the difference of the cost of the pool. Mr. Blue referred to the Lido Beach Facility Pool Renovation Current Costs and Funding Schedule included in the Agenda backup material; and stated that the schedule indicates the details of the proposal; that the Task Force believes the proposal is fair and divides the burden between the owners of the property and those responsible for maintaining the property through the Interlocal Agreement between the City and Sarasota County; that the Commission is requested to assist the Task Force in achieving the goal of defining a delightful and engaging focal point in the community. Mayor Palmer stated that the understanding is the recommendation is for the City and Sarasota County to split the cost of the pool. Mr. Blue stated that is correct. Mayor Palmer asked for further clarification regarding the Current Costs and Funding Schedule. Mr. Blue stated that the total pool renovation quoted cost is $424,839; that the current public allocated funds are as follows: BOOK 55 Page 26459 11/17/03 2:30 P.M. Sarasota County $125,000 City of Sarasota Park Impact Fees $135,000 Radisson Parking Fees $3 36,000 Total City Funds $171,000 Total Public Funding to Date $296,000 Mr. Blue continued that the current private funding confirmed through midnight, November 13, 2003, is $7,300; that commitments and checks are continually received; that the additional funding needed is $121,539; that a breakdown of the proposed split of the pool renovation cost less private funding is as follows: Total pool renovation quoted cost $424,839 Less current private funding confirmed of $7,300 $417,539 At half, amount proposed from each - City and $208,769.50 County City half less funds allocated ($171,000) equals $37,769.50 balance needed County half less funds allocated ($125,000) equals $83,769.50 balance needed Total balance proposed to be provided by Sarasota $121,539 County and the City Mayor Palmer requested that Gibson Mitchell, Director of Finance, come before the Commission to provide an update of additional private funds received. Mr. Mitchell stated that $2,000 has been received since November 13, 2003; that $5,000 has been pledged before the end of 2003. Mayor Palmer stated that total private funding at this time is $9,300; that the hope is the amounts pledged will be received; that additional funds will likely be received; that the Commission should not take action until after the BCC Regular meeting on November 18, 2003; that the action at this time should be to place an appropriation of funding on the Agenda for the December 1, 2003, Regular Commission meeting, prior to which the exact amount to appropriate will be detailed. Commissioner Bilyeu stated that a commitment should be made at this time. Mayor Palmer stated that funds cannot be appropriated at this time; that the appropriation must formally come before the BOOK 55 Page 26460 11/17/03 2:30 P.M. Commission; however, the Commission can indicate support for an appropriation at this time. Commissioner Bilyeu stated that the City should allocate approximately $37,760.50; that the amount which will be required will likely be less than $40,000. Mr. Blue stated that setting a specific amount at this time is a concern; that the BCC may indicate an amount less than $83,769.50 at their November 18, 2003, Regular meeting. Commissioner Servian stated that making a commitment to a certain amount is not supported; that the necessary appropriation of funds based on the action of the BCC at their Regular meeting on November 18, 2003, should be brought back before the Commission at the December 1, 2003, Regular Commission meeting. Vice Mayor Martin stated that making a commitment to a certain amount is not supported; that the cost should be split between the City and the County; and the funding source for the City's portion of the renovation? City Manager McNees stated that an option previously discussed is to defer funding for some other project; that the Commission did not identify any project from which to defer funding; that another option is to use the General Fund Reserves Fund. Vice Mayor Martin asked the approximate balance in the General Fund Reserves? Mr. Mitchell stated that as of October 1, 2003, the General Fund Reserves was approximately $9.75 million. Commissioner Bilyeu stated that the General Fund Reserves are healthy. Commissioner Servian stated that using the General Fund Reserves for the Lido Beach facility is appropriate; that the site is historic; that the issue has been languishing for over two years; that displaying concern over identifying $30,000 to $50,000 for the renovation is a disgrace; that the amount to preserve the historic value of the Lido Beach Casino area and the pool is reasonable. BOOK 55 Page 26461 11/17/03 2:30 P.M. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to direct Staff to bring back an appropriation for 50 percent of the cost to renovate the Lido Pool and request Sarasota County to contribute 50 percent. Mayor Palmer restated the motion as to direct Staff to bring back an appropriation for 50 percent of the cost to renovate the Lido Pool minus private contributions and request Sarasota County to contribute 50 percent minus private contributions. Vice Mayor Martin stated that the hope is to receive more private contributions. Mayor Palmer agreed; and stated that citizens are encouraged to make a contribution for the Lido Beach restoration as soon as possible; that contributions can be sent to the Finance Department and made payable to the City of Sarasota; that a plaque will be placed at the pool identifying the private contributors as well as Sarasota County and the City. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Mayor Palmer stated that an appropriation will be prepared for the December 1, 2003, Regular Commission meeting. City Manager McNees stated that the extension of the bid from Tampa Contracting, Inc., actually has the proposal remaining in effect until December 29, 2003, rather than December 6, 2003. Mayor Palmer stated that the efforts, perseverance and commitment displayed by the Task Force, the Concerned Citizens Group and everyone involved to move the restoration of the Lido Beach pool and facilities forward is appreciated; that the continued good work is encouraged; that the hope is to receive support from the BCC at their November 18, 2003 Regular meeting. Mr. Blue stated that the support provided by the Commission is appreciated; and expressed thanks. BOOK 55 Page 26462 11/17/03 2:30 P.M. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, and 4 - APPROVED (AGENDA ITEM IV-A) CD 2:55 1. Approval Re: Annual Investment Committee Report for the year ended September 30, 2003. 2. Approval Re: Authorize Administration to proceed with the potable water supply interconnect with the Town of Longboat Key. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Cooperative Funding Agreement between the City of Sarasota and the Southwest Florida Water Management District (SWFWMD) for the Reclaimed Water Aquifer Storage and Recovery Project (K250) in the amount of $889,500. 4. Approval Re: Direct the City Attorney's office to prepare an ordinance that would, if approved, place a moratorium on the processing of private sector initiated petitions during the 2004-2005 annual Comprehensive Plan amendment cycle and set this item for public hearing. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 4, inclusive. Motion carried unanimously (5 to 0) : Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1675) ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1677) = ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1680) = ADOPTED, ; ITEM 4 (RESOLUTION NO. 04R-1681) = ADOPTED; ITEM 5 (RESOLUTION NO. 04R-1682) ADOPTED ; ITEM 6 (ORDINANCE NO. 03-4494) = ADOPTED; ; AND ITEM 7 (ORDINANCE NO. 04-4510) = ADOPTED (AGENDA ITEM IV-B) CD 2:55 through 3:01 1. Adoption Re: Proposed Resolution No. 04R-1675, appropriating $1,385 from the Unappropriated Fund Balance of the General Reserves Fund to fund one year's cost of the Parking Agreement with the Diocese of Venice to use up to forty (40) parking spaces in the St. Martha Catholic Church parking lot; etc. BOOK 55 Page 26463 11/17/03 2:30 P.M. 2. Adoption Re: Proposed Resolution No. 04R-1677, appropriating $5,000 from the Unappropriated Fund Balance of the Old Penny Sales Tax Fund to seed the Tree Protection Ordinance Replacement Tree Fund Street Tree account for developments qualifying as affordable housing projects; etc. 3. Adoption Re: Proposed Resolution No. 04R-1680, appropriating $10,000 from the Law Enforcement Trust Fund (110-070) to fund a donation to the Sarasota Family YMCA, Inc. Bari Brooks Teen Center; etc. 4. Adoption Re: Proposed Resolution No. 04R-1681, appropriating $13,000 from the Law Enforcement Trust Fund (110-070) to fund the administration costs incurred in processing and collecting forfeitures; etc. 5. Adoption Re: Proposed Resolution No. 04R-1682, appropriating $40,000 from the Unappropriated Fund Balance of the Sarasota Bay National Estuary Program fund balance to provide funding to analyze water quality data throughout the region; etc. 6. Adoption Re: Proposed Ordinance No. 03-4494, amending the Sarasota City Code, Chapter 2, Administration, Article I, in general, Section 2-5, Administrative Approval of Contracts, by the addition thereto of contractual matters which shall be exempt from the Charter requirement of City Commission approval; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc., (Title Only). 7. Adoption Re: Proposed Ordinance No. 04-4510, providing an additional homestead exemption in an amount specified herein, not to exceed twenty five thousand dollars, for any person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner who has attained the age of sixty five and whose household income does not exceed an amount set forth with specificity herein and requiring that a taxpayer claiming the additional exemption annually submit to the Property Appraiser, not later that March 1, a sworn statement of household income on a form proscribed by the State of Florida, Department of Revenue; providing that a copy of this Ordinance as adopted shall be delivered to the Property Appraiser of Sarasota County no later than December 1, 2003; BOOK 55 Page 26464 11/17/03 2:30 P.M. providing that the additional exemption set forth herein shall be available commencing with the 2004 tax year; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only). Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 04R-1675, 04R-1677, 04R-1680, 04R-1681, and 04R-1682 in their entirety and proposed Ordinance Nos. 03-4494 and 04-4510 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 7, inclusive. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 9. BOARD APPOINTMENT RE: BOARD OF ADJUSTMENT REAPPOINTED ELMER BERKEL; APPOINTED ALLIE ELHAGE (AGENDA ITEM V-1) CD 3:01 through 3:04 Deputy City Auditor and Clerk McGowan stated that the terms held by Joyce Mintzer and Elmer Berkel expire in November 2003; that Mr. Berkel is eligible for and has expressed an interest in reappointment; that Ms. Mintzer has served two full terms and is therefore not eligible for reappointment; that two applications for the vacancy have been received. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to reappoint Elmer Berkel. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Commissioner Bilyeu nominated Allie Elhage for appointment to the vacant seat. Commissioner Atkins nominated Willie Tillery to the vacant seat. Commissioner Bilyeu stated that both Mr. Elhage and Mr. Tillery are personally known; that Mr. Tillery previously held a seat on the Board of Adjustment and did a fine job for the City; that BOOK 55 Page 26465 11/17/03 2:30 P.M. Mr. Elhage would bring a youthful outlook and fresh ideas to the table; that holding a seat on the Board of Adjustment would be a good experience for Mr. Elhage and the City. Commissioner Atkins stated that Mr. Tillery has worked in the City for a long time, owns property in the City and resided in the City for many years, and previously held a seat on the Board of Adjustment; that Mr. Tillery encouraged him to apply for a seat on the Community Development Block Grant (CDBG) Board in the early 1970s; that Mr. Tillery has been admired for years and has an impeccable reputation; that Mr. Tillery has vast knowledge regarding construction; that Commissioner Bilyeu's position to support Mr. Elhage is understood. Mayor Palmer called for the vote on the nominations. Allie Elhage received three votes: Bilyeu, Servian, Martin. Mayor Palmer announced the reappointment of Elmer Berkel and the appointment of Allie Elhage to the Board of Adjustment. 10. BOARD APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD - REAPPOINTED ROBERT BRACHLE; APPOINTED JOHN HARTMAN AND GEORGE CONN (AGENDA ITEM V-2) CD 3:04 through 3:08 Deputy City Auditor and Clerk McGowan stated that three vacancies exist on the Citizens with Disabilities Advisory Board; that the terms held by Mary Ciner, Judith Martin, and Robert Brachle expire in November 2003; that Mr. Brachle is eligible for and has expressed an interest in reappointment; that Ms. Ciner and Ms. Martin have served two full terms and are therefore not eligible for reappointment; that three applications for the vacancies have been received. Mayor Martin nominated Robert Brachle for reappointment. Mayor Palmer called for the vote on the nomination. Robert Brachle received five votes: Atkins, Bilyeu, Martin, Servian, Palmer. Commissioner Bilyeu nominated John Hartman and Robert Richardson. BOOK 55 Page 26466 11/17/03 2:30 P.M. Mayor Palmer nominated George Conn. Commissioner Bilyeu stated that Mr. Conn has excellent experience but is not a City resident; that Mr. Hartman and Mr. Richardson are City residents which is the reason for making the nominations. Mayor Palmer stated that Mr. Conn, although residing in Sarasota County, has an excellent background and is a Governor's appointee to the Americans with Disability Act (ADA) Working Group; that Mr. Conn is physically challenged and would be an excellent member of the Citizens With Disabilities Advisory Board; that the Citizens With Disabilities Advisory Board does not have a requirement in which appointees must be City residents; that Mr. Conn should be considered. Vice Mayor Martin stated that the Citizens With Disabilities Advisory Board has had County residents appointed in the past. Mayor Palmer called for the vote on the nominations. Robert Richardson received two votes: Bilyeu, Martin. George Conn received three votes: Servian, Palmer, Martin. John Hartman received four votes: Atkins, Bilyeu, Servian, Palmer. Mayor Palmer announced the reappointment of Robert Brachle and the appointment of George Conn and John Hartman to the Citizens with Disabilities Advisory Board. 11. BOARD APPOINTMENT RE: : HISTORIC PRESERVATION BOARD REAPPOINTED THOMAS LUZIER AND THORNING LITTLE (AGENDA ITEM V-3) CD 3:08 through 3:10 Deputy City Auditor and Clerk McGowan stated that two vacancies exist on the Historic Preservation Board; that the terms held by Thomas Luzier and Thorning Little expire in November 2003; that Mr. Luzier and Mr. Little are eligible for and have expressed an BOOK 55 Page 26467 11/17/03 2:30 P.M. interest in reappointment; that two additional applications for the seats have been received. Vice Mayor Martin nominated Thomas Luzier and Thorning Little for reappointment. Commissioner Servian nominated Arnold Berns. Vice Mayor Martin stated that both Mr. Luzier and Mr. Little have experience on the Historic Preservation Board and a long commitment to historic preservation in the community; that good progress is being made toward historic preservation which should continue. Commissioner Servian stated that Mr. Berns has a burning love for historic preservation and has not only dedicated a significant amount of personal time to volunteer but also preserves historic buildings he owns; that Mr. Berns could bring a different perspective to the Historic Preservation Board. Mayor Palmer agreed; and stated that the hope is Mr. Berns will leave his application with the City for the next opening on the Historic Preservation Board; that retaining Mr. Luzier and Mr. Little is supported since both have been extremely effective and committed. Mayor Palmer called for a vote on the nominations. Thomas Luzier received five votes: Atkins, Bilyeu, Martin, Servian, Palmer. Thorning Little received three votes: : Bilyeu, Martin, Palmer. Mayor Palmer announced the reappointment of Thomas Luzier and Thorning Little to the Historic Preservation Board. 12. BOARD APPOINTMENT RE: : NUISANCE ABATEMENT BOARD - APPOINTED MICKEY EMBERTON (AGENDA ITEM V-4) CD 3:10 through 3:10 Deputy City Auditor and Clerk McGowan stated that a vacancy exists on the Nuisance Abatement Board due to the resignation of BOOK 55 Page 26468 11/17/03 2:30 P.M. Stevan Holmes who has left the area; that two applications for the vacancy have been received. Commissioner Bilyeu nominated Mickey Emberton. Mayor Palmer called for the vote on the nomination. Mickey Emberton received five votes: Atkins, Bilyeu, Martin, Servian, Palmer. Mayor Palmer announced the appointment of Mickey Emberton to the Nuisance Abatement Board. 13. BOARD APPOINTMENT RE: : PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD - REAPPOINTED KATHERINE KELLY (AGENDA ITEM V-5) CD 3:10 through 3:12 Deputy City Auditor and Clerk McGowan stated that one vacancy exists on the Parks, Recreation and Environmental Protection Advisory Board (Parks Board); that the term held by Katherine Kelly expires in November 2003; that Ms. Kelly is eligible for and has expressed an interest in reappointment; that five applications for the vacancy have been received. Vice Mayor Martin nominated Katherine Kelly for reappointment. Commissioner Servian nominated Matthew Wooddall. Vice Mayor Martin stated that he originally nominated Ms. Kelly; that Ms. Kelly brings a wealth of information to the Parks Board; that Ms. Kelly is a resident of District 1 and is a master gardener; that Ms. Kelly has demonstrated commitment to the Parks Board. Commissioner Servian stated that Mr. Wooddall is present in the Chambers audience; that Mr. Wooddall is a young man willing to become involved in the City's advisory boards; that the City needs more young people involved; that younger people are encouraged to become involved and help the City. Mayor Palmer agreed; and stated that the applications are quite interesting; that the submission of more applications from BOOK 55 Page 26469 11/17/03 2:30 P.M. people not having previously served on City advisory boards is encouraged; and called for a vote on the nominations. Katherine Kelly received three votes: Atkins, Martin, Palmer. Mayor Palmer announced the reappointment of Katherine Kelly to the Parks Board; and stated that Mr. Wooddall is encouraged to continue to submit applications to City advisory boards. 14. BOARD APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL BOARD - REAPPOINTED ERNEST RICE AND DEANE ALLEN; APPOINTED HAROLD SCHADE (AGENDA ITEM V-6) CD 3:12 through 3:14 Deputy City Auditor and Clerk McGowan stated that three vacancies exist on the Van Wezel Performing Arts Hall (VWPAH) Board; that the terms held by Walt Cannon who occupies a seat for a City resident, Ernest Rice who occupies a seat for a City resident, and Deane Allen which has a seat requirement as a Sarasota County resident, expire in November 2003; that Mr. Rice and Ms. Allen are eligible for and have expressed an interest in reappointment; that Mr. Cannon has served two full terms and therefore is not eligible for reappointment; that five applications for the vacancies have been received. Commissioner Bilyeu nominated Ernest Rice and Deane Allen for reappointment. Mayor Palmer called for the vote on the nominations. Ernest Rice and received five votes: Atkins, Bilyeu, Martin, Servian, Palmer. Deane Allen received five votes: Atkins, Bilyeu, Martin, Palmer. Mayor Palmer announced the reappointment of Ernest Rice and Deane Allen to the VWPAH Board; and requested nominations for the open seat. Vice Mayor Martin nominated Harold Schade. Mayor Palmer called for the vote on the nomination. Harold Schade received five votes: Atkins, Bilyeu, Martin, Servian, Palmer. BOOK 55 Page 26470 11/17/03 2:30 P.M. Mayor Palmer announced the appointment of Harold Schade to the VWPAH Board. 15. BOARD APPOINTMENT RE : SARASOTA HOUSING AUTHORITY REAPPOINTED PEGGY ROBERTS AND PAULETTE MACKEY-BLACK (AGENDA ITEM V-7) CD 3:14 through 3:16 Deputy City Auditor and Clerk McGowan stated that two vacancies exist on the Board of Directors for the Sarasota Housing Authority; that the terms held by Peggy Roberts and Paulette Mackey-Black expire in November 2003; that both are eligible for and have expressed an interest in reappointment; that the appointments are made by the Mayor with the concurrence of the Commission. Mayor Palmer stated that the Commission is requested to support and consent to the reappointment of Peggy Roberts and Paulette Mackey-Black; that the Housing Opportunities for People Everywhere (HOPE) VI grant application is being submitted in January 2004; that the importance of retaining the existing individuals on the Sarasota Housing Authority Board is stressed and is the reason for the nominations; that both individuals are extremely qualified. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to confirm the appointments by the Mayor of Peggy Roberts and Paulette Mackey-Black for terms on the Board of Directors of the Sarasota Housing Authority. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 16. UNFINISHED BUSINESS: DISCUSSION RE: : CREATION OF AN AD HOC COMMITTEE TO STUDY IN-HOUSE VERSUS OUTSIDE LEGAL COUNSEL = REQUESTED THE ADMINISTRATION CONTACT TALLAHASSEE CITY ATTORNEY JIM ENGLISH AND DR. DAN BEEMAN AND BRING THE INFORMATION BACK AT THE DECEMBER 1, 2003, REGULAR COMMISSION MEETING (AGENDA ITEM VI-7) CD 3:18 through 3:36 Commissioner Servian referred to a November 4, 2003, memorandum to the Commission from City Attorney Taylor regarding legal services included in the Agenda backup material; and stated that BOOK 55 Page 26471 11/17/03 2:30 P.M. the item was placed on the Agenda in response to the memorandum; that the memorandum recommends a panel be established to study the feasibility of a change to an in-house legal counsel system versus maintaining the current outside legal counsel system; that the suggestion in the memorandum is to include legal experts having experience dealing with in-house and outside legal counsel systems, representation from the City Attorney's Office, the City Manager, and perhaps a consultant familiar with the subject on the panel; that meetings with several individuals throughout the community considered as both legal and business leaders have taken place over the last two weeks; that the individuals suggested creating a panel of seven impartial members; that the Administration would not actually be on the panel but would be available to panel members to provide necessary information; that the suggestion was to have two or three attorneys not having direct dealings with the City but having familiarity with the City on the panel, one or two people having knowledge of legal administration such as billing and finance, and two business leaders; that the Commission should discuss the type of individuals to appoint to the panel; that the City will be beginning the budget process for fiscal year (FY) 2004/05 in April 2004; that the memorandum from City Attorney Taylor indicates a panel could study the feasibility of a change to an in-house legal system in six to seven months and if determined feasible by the panel and desirable by the Commission, could be made prior to development of the FY 2004/05 budget sO the City could be well prepared. City Attorney Taylor stated that the process which will be followed is important; that Jim English, City Attorney for the City of Tallahassee, Florida, has indicated a willingness to assist the City since the November 4, 2003, memorandum was written; that Attorney English can assist with both the process and the decision itself since he was an outside city attorney for approximately ten years and then became in-house legal counsel for the City of Tallahassee; that conversations have been held with Attorney English who is willing to come to the City and speak to the Commission; that Attorney English indicated the composition of the panel will be very important to the outcome of the processi that Attorney English can provide insight through personal experience; that a significant amount of focus is on the cost of the operation of the City Attorney's Office which obviously is a motivating factor and an important consideration; however, Attorney English indicated a number of other issues have arisen during his experience operating an in- BOOK 55 Page 26472 11/17/03 2:30 P.M. house legal office, which should be considered by the Commission; that Attorney English can provide insight as to the type of people necessary to provide the level of service and expertise which is sO important; that the recommendation is to have Attorney English come to the City since a willingness has been expressed. Commissioner Servian stated that having Attorney English come to the City is fine; however, the presentation by Attorney English should be a kick-off to assembling a panel to perform the study; that incurring any further delay is a concern; that the goal is to have whatever report generated by the panel presented to the Commission no later than March 2004, prior to the beginning of the FY 2004/05 budget process; and asked if the timing is appropriate for the purposes of the budget process? City Manager McNees stated that having a report before the end of March 2004 is sufficient time to consolidated any information into the FY 2004/05 budget; that the Commission should define the categories for membership if the decision is to create a panel; that the Charter Officials could recruit people for the panel; however, the people being recruited should be a cross section of the individuals desired by the Commission and the Charter Officials to avoid politicizing the process. Commissioner Servian agreed. Mayor Palmer stated that having Attorney English come to the City is a good idea; that input from Attorney English should be received prior to appointing a panel; that the idea of a panel may be recommended by Attorney English; that the recommendations from Attorney English should be heard prior to making determinations regarding a panel. Commissioner Servian stated that having Attorney English come to the City is not objectionable; however, something must be done; that the Commission has been discussing the issue since April 2003; that the issue is not moving forward; that the cost of operating the City Attorney's Office is only a portion of the studyi that many other issues are involved; that Attorney English should assist in defining the process for conducting the study and the membership of the panel; that the Commission should not appoint the members of the panel but rather identify the type of expertise and background desired; that the Charter BOOK 55 Page 26473 11/17/03 2:30 P.M. Officials should work in conjunction with Attorney English within some guidelines of expertise or background identified by the Commission; that the process should not be politicized; that the goal is to have the best possible unbiased review conducted. Commissioner Bilyeu stated that the Florida League of Cities may be able to assist; that having Attorney English come to the City is a good starting point and is supported; that the importance of a nonpartisan, impartial panel is stressed; that the process should not be rushed. Vice Mayor Martin stated that he met with Attorney English; that Attorney English is experienced; that having Attorney English come to the City is supported; that discussions were held with the Florida Institute of Government; that the Florida Institute of Government indicated Dr. Dan Beeman, also in Tallahassee, performs organizational development and quality management work which is performance and improvement oriented; that Dr. Beeman should be considered in addition to Attorney English; that the importance of an objective process is stressed; that the panel should not consist of only Sarasota residents; that the Florida Institute of Government or a similar agency should undertake the study for the City; that the procedures at the Commission table are a concern as well; that the assignment of legal work by the Commission at the table could be improved; that the Commission by consensus, without discussion or consideration of cost, recently directed the City Attorney's Office to file a motion regarding the issue of the view corridor at the Cultural District; that lack of procedures at the Commission table results in additional legal costs which should be a major focus of the study; that having Attorney English come to the City is a good idea; that the Commission is requested to also consider Dr. Beeman. Mayor Palmer stated that the consensus heard is to request Attorney English come to the City to provide advice and recommendations for future direction; that ideas can be discussed with Attorney English; that Dr. Beeman can be invited as well; that scheduling a Special meeting with Attorney English and Dr. Beeman is a good idea. Commissioner Atkins stated that Dr. Beeman and Attorney English should be contacted to establish a cost for the visit and if both would be willing to attend a Special meeting together; that a determination as to a future direction can be made at the December 1, 2003, Regular Commission meeting. BOOK 55 Page 26474 11/17/03 2:30 P.M. Mayor Palmer stated that the Administration should contact Attorney English and Dr. Beeman to request a presentation at a Special meeting and bring back the information to the Commission at the December 1, 2003, Regular meeting. Vice Mayor Martin stated that the idea of completing thorough study by the middle of March 2004 seems almost impossible; that the timeline is short; however, the timeline may be reasonable after hearing from Attorney English and Dr. Beeman. Mayor Palmer stated that the Commission is committed to identifying the information necessary to make an appropriate decision; that bringing in an external person to provide advice is supported; that timing issues will be identified; that the Commission will move forward with the process if timing with the budget process is a problem. Commissioner Servian stated that having someone locally on the panel was discussed with City Attorney Taylor since a local individual will understand local issues; that to have someone on the panel with an understanding of local issues and the complexities of Sarasota is important; that Attorney English will probably be able to provide guidance as to the type of expertise and background most desirable for the individuals appointed to the panel; that City Attorney Taylor and City Manager McNees have indicated the timeframe indicated is appropriate to perform the study. Mayor Palmer stated that hearing no objections, the Administration is requested to contact Attorney English and Dr. Beeman and bring back the information at the December 1, 2003, Regular Commission meeting. City Manager McNees asked if the Commission desires a workshop with Attorney English and Dr. Beeman or if the preference is for individual meetings? Mayor Palmer stated that suggestions and recommendations should be received from Attorney English and Dr. Beeman; that the expectation is to have a public meeting; that a decision will be made once the information is brought back at the December 1, 2003, Regular Commission meeting. BOOK 55 Page 26475 11/17/03 2:30 P.M. Vice Mayor Martin distributed a November 4, 2003, memorandum to the Commission from the City Attorney concerning legal services. Mayor Palmer stated that the information provided by the City Attorney is appreciated. 17. UNFINISHED BUSINESS: APPROVAL RE : ACTION PLAN FOR THE BOBBY JONES GOLF COMPLEX WITH ANY MODIFICATIONS THE COMMISSION WISHES TO MAKE - APPROVED WITH MODIFICATIONS FOR THE ADMINISTRATION TO: 1) REPORT BACK REGARDING EXAMINING LINKS TO THE PARKS + CONNECTIVITY MASTER PLAN AND ENGAGE IN PUBLIC DIALOG AFTER REPORTING BACK TO THE COMMISSION, 2) BRING BACK AN ORDINANCE INCLUDING RECOMMENDATIONS FOR THE EXPERTISE NECESSARY ON THE BJGC ADVISORY BOARD PRIOR TO SETTING FOR PUBLIC HEARING, AND 3) INÇLUDE WORK TOWARD OBTAINING AUDUBON INTERNATIONAL CONSERVATION CERTIFICATION IN THE ACTION PLAN (AGENDA ITEM VI-2) CD 3:36 through 4:00 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Staff has prepared an Action Plan included in the Agenda backup material as a follow up to the September 30, 2003, Commission workshop; that the Action Plan includes all the issues discussed at the workshop, the Commission's position on the issues, the actions, and the administration's recommendations; that the Commission is requested to provide direction regarding the issues in the Action Plan. Captain Kim Giaccardo, 3745 Breezemont Drive (34232), representing the Concerned Citizenry Group, came before the Commission; read from a prepared speech; and stated that the Commission is congratulated for the swift action taken to remedy problems identified at the September 3, 2003, Bobby Jones Golf Complex (BJGC) Commission Workshop; that the time has come to take action to reestablish the BJGC Advisory Board; that the BJGC Advisory Board of carefully selected business professionals should have the necessary skills to revitalize the once productive 45-hole municipal golf course; that the hope is the individuals selected will have strong financial, marketing, and advertising abilities; that the BJGC Advisory Board should be accessible to the community sO ideas for improvement and input can be provided; that the BJGC Advisory Board should be able to swiftly review items requiring immediate attention and make a BOOK 55 Page 26476 11/17/03 2:30 P.M. recommendation to the Commission; that the National Golf Foundation Study conducted in 1992 provided specific information for a plan of action for the BJGC to remain solvent and warned of the loss of revenue which would occur in the next five to ten years if improvements in the management plan, course maintenance and operational procedures were neglected; that the Commission is requested to again review the 1992 National Golf Foundation Study; that the BJGC may require assistance in creating a plan for future growth; that the BJGC Advisory Board reports and meeting minutes should be available to the Commission and the citizens to keep everyone informed; that the Commission listens to the requests of all citizens including adolescents and the elderly, which is appreciated; that the citizens need the assistance of the Commission to preserve the BJGC for many future generations; and distributed a copy of a letter from the Concerned Citizenry Group regarding the BJGC mailed electronically to the Commission on November 16, 2003. Mayor Palmer stated that the BJGC is very productive; that the BJGC is a public golf course; that the minutes of all City advisory boards are available and meetings are open to the public. Mr. Schneider stated that the 1992 National Golf Foundation Study was reviewed in detail during the September 30, 2003, Commission workshop; that the Commission was updated concerning each element of the study. Mr. Schneider referred to the Action Plan included in the Agenda backup material; and stated that the issue included in the Action Plan concerning the sale of any portion of the BJGC property indicates a Commission position of "No"; that the Commission position should indicate, "No decision reached." Mayor Palmer stated that the recollection is two Commissioners did not support the sale of any portion of BJGC propertyi; that three Commissioners indicated waiting until additional detailed information was received was preferred; and asked if any Commissioners have had a change of opinion since the September 30, 2003, Commission workshop? BOOK 55 Page 26477 11/17/03 2:30 P.M. Vice Mayor Martin and Commissioners Servian and Atkins stated that the opinions rendered at the September 30, 2003, Commission workshop have not changed. Mr. Schneider stated that the Administration requests the Commission provide direction regarding the issue concerning the possible conversion of the Colonel Gillespie Executive Course (Executive Course) to a different use; that the Commission's position on the Action Plan is indicated as being open; that several possible actions are indicated in the Action Plan which are: 1. Do nothing; 2. Examine link to Parks + Connectivity Master Plan; and 3. Engage in public dialogue. Mr. Schneider continued that the issue included in the Action Plan regarding the First Tee Program ties in with the issue concerning the Executive Course conversion to a different use; that the Executive Course has been made available to accommodate the schedules and needs of the First Tee Program; that First Tee is requesting a combination office/classroom structure at the BJGC facility; that First Tee would like to manage the executive course; that further discussion of the issue is necessary. Mayor Palmer stated that Commissloner Atkins indicated the BJGC desires cooperation and collaboration with First Tee; however, an overview of the Executive Course is necessary prior to making any decisions concerning requests from First Tee. Commissioner Atkins agreed. Mr. Schneider stated that the Administration will move forward with the direction provided by the Commission. Commissioner Servian asked if First Tee is requesting exclusive use of the Executive Course? Mr. Schneider stated that the original desire of First Tee was to have control of the use of the Executive Course such as using the course as a practice course or driving range with the ability to manage the operation sO the children enrolled in the First Tee program could obtain hands-on management experience. BOOK 55 Page 26478 11/17/03 2:30 P.M. Vice Mayor Martin referred to the issue included in the Action Plan regarding conversion of the Executive Course to a different use; and stated that examining links to the Parks + Connectivity Master Plan makes sense and is supported; that a park in the eastern portion of the City is clearly a priority of the Parks + Connectivity Master Plan; that the Executive Course could be expanded to more uses and could address the need for a park in the eastern portion of the City. Mayor Palmer stated that the Commission has also committed to engaging in public dialog; and asked if the Commission supports the Administration's recommendations included in the Action Plan of providing a report to the Commission examining the links to the Parks + Connectivity Master Plan and engaging in public dialog? Commissioner Servian stated that the Action Plan indicates the engaging in public dialog is based on identification of funds; and asked for clarification. Mr. Schneider stated that the intent is to not make promises to the community without having available funding. Mayor Palmer stated that discussions have been held with Commissioner Paul Mercier, Sarasota Board of County Commissioners (BCC), concerning the possibility of reviewing the Parks + Connectivity Master Plan study in relationship to the Fire Station at Fruitville Road and Circus Boulevard; that Commissioner Mercier had discussions with Brian Gorski, Sarasota County Fire Chief; that the Administration should contact Fire Chief Gorski to ascertain if any possibility exists for a connection to the east side of the BJGC property. Mr. Schneider stated that the Commission is requested to provide authorization for the Administration to contact the Sarasota County School Board as well, since the Technical Institute occupies most of the property. Commissioner Servian asked for clarification of the discussion? Mayor Palmer stated that quite a bit of land exists at the Fire Station which could possibly be tied in to the east portion of the BJGC property. BOOK 55 Page 26479 11/17/03 2:30 P.M. Commissioner Servian stated that to clarify, the discussion does not concern relocating a fire station. Mayor Palmer stated that is correct; and asked if sufficient direction has been received by the Administration? Mr. Schneider stated that the Administration will report back to the Commission regarding the action to examine links to the Parks + Connectivity Master Plan and engage in public dialog after reporting back to the Commission; that the Commission decided to take no action concerning the following issues: Sale of any portion of the BJGC property, Different uses for the American and/or British courses, or A change in the mission of the facility. Mayor Palmer stated that the Administration is requested to indicate the suggested actions for the issue included in the Action Plan concerning capital and/or operational improvements necessary to accomplish the mission. Mr. Schneider stated that the Commission's position at the September 30 2003, Commission workshop was to have Staff evaluate the operational changes and capital improvements, including the clubhouse; that the Administration recommends the following actions: 1. Schedule a Commission workshop to receive a presentation concerning the clubhouse and 2. Review operating practices by Staff to identify potential revenue increases. Mayor Palmer requested the consensus of the Commission regarding the suggested actions? Vice Mayor Martin and Commissioners Servian and Bilyeu stated that the suggested actions are supported. Mr. Schneider stated that the Commission's position for the issue regarding historic designation for portions of the BJGC which are over 50 years old was to submit an application for historic designation; that the Administration recommends the following actions: BOOK 55 Page 26480 11/17/03 2:30 P.M. 1. Determine operating impact such as restrictions, if any, created by historic designation; and 2. Submit application. Mayor Palmer stated that hearing no objections, the Commission supports the recommended actions. Mr. Schneider stated that the issue regarding complex signage which was raised at the September 30, 2003, Commission workshop is included in the Action Plan; that the Commission's position at the workshop was to improve the signage for the BJGC which the Administration supports; that the Administration plans to prepare a plan to better identify the BJGC from Fruitville Road, 17th Street, and Beneva Road. Mr. Schneider continued that work has already begun; that electricity and irrigation to the existing sign on Fruitville Road did not exist and is currently being installed; that signage improvements will take place quickly. Mr. Schneider stated further that the re-institution of the BJGC Advisory Board is included as an issue in the Action Plan; that the Commission's position at the September 30, 2003, Commission workshop was to create an advisory board appointed by the Commission; that clear direction was provided to the Administration which results in the following actions: 1. Preparation of an ordinance; 2. Scheduling of a public hearing; 3. Adoption of the ordinance; and 4. Appointment of advisory board members. Commissioner Atkins stated that the original BJGC Advisory Board gained too much control over the BJGC and caused difficulties, which is the reason the original BJGC Advisory Board was disbanded; that the Commission should remain cognizant of the fact; that allowing members to hold a seat on the BJGC Advisory Board for eight years is too long; that two terms of four years will create a problem. Mayor Palmer stated that the City's advisory boards are limited to two terms of three years. BOOK 55 Page 26481 11/17/03 2:30 P.M. Commissioner Atkins stated that the BJGC Advisory Board terms may require a shorter length of time; that two terms of two years is considered adequate. Vice Mayor Martin stated that the BJGC Advisory Board should have representation of the entire community. Commissioner Atkins stated that the positions being filled should be defined and not consist only of neighbors or users. Mayor Palmer stated that BJGC management should review the structure of other City advisory boards with the Administration, determine the talent necessary, and bring back the information to the Commission prior to setting an ordinance for public hearing; and asked for consensus of the Commission? Commissioner Servian stated that Staff does not usually decide the expertise necessary. Mayor Palmer stated that the Administration can provide recommendations for the expertise necessary. Commissioner Servian stated that having people with experience in golf management and people from various parts of the City on the BJGC Advisory Board is supported. Mayor Palmer asked if the Commission is in agreement? Vice Mayor Martin and Commissioners Atkins, Bilyeu, and Servian agreed. Mr. Schneider stated that some specific background can be identified in the ordinance; that the ordinance will be brought before the Commission for introduction prior to the public hearing; that the Commission can make changes if the ordinance is not acceptable. Mr. Schneider continued that the issue included in the Action Plan regarding Indirect Cost Allocation is administrative; that the Indirect Cost Allocation is the overhead from the City Manager's Office, the Finance Department and other administrative offices which is allocated on a formula basis back to departments; that during the September 30, 2003, Commission workshop, the Administration indicated the BJGC has BOOK 55 Page 26482 11/17/03 2:30 P.M. been making a contribution to the General Fund since 1995; that the amount of the contribution has been arbitrarily established; that the cost allocation should be an objectively based number; that the City Manager has authorized an analysis to develop an accurate amount for the cost allocation. Vice Mayor Martin stated that issues concerning maintenance were raised at the September 30, 2003, workshop; that Commissioner Bilyeu also raised an issue concerning stormwater; that he raised conservation issues regarding Audubon International; that the BJGC Manager indicated an application will be made for Audubon International Conservation Certification for all three courses in the next couple of years; that the work toward obtaining the certification should continue and be defined in the Action Plan. Mr. Schneider stated that the Administration intends to follow through with work toward obtaining certification from Audubon International; that the issue was mentioned at the September 30, 2003, Commission workshop; however consensus was not heard which is the reason for not including the issue in the Action Plan; that the Administration will incorporate Audubon International Conservation Certification into the Action Plan and the budget work plans, if the Commission desires. Mayor Palmer stated that hearing no objections, the Administration is directed to include work toward obtaining Audubon International Conservation Certification in the Action Plan. Commissioner Bilyeu stated that the efforts of the Administration and Staff regarding the Action Plan are appreciated; that the concerns regarding the BJGC expressed by citizens are appreciated; that selling any part of the BJGC is not supported. Mayor Palmer agreed. 18. UNFINISHED BUSINESS: ADOPTION RE : PROPOSED RESOLUTION NO. 04R-1678, ADOPTING THE BAYOU OAKS NEIGHBORHOOD ACTION STRATEGY FOR THE NEIGHBORHOOD KNOWN AS BAYOU OAKS ; SETTING FORTH FINDINGS; AUTHORIZING THE IMPLEMENTATION OF THE BAYOU OAKS NEIGHBORHOOD ACTION STRATEGY : ETC. (TITLE ONLY) ADOPTED ; STAFF TO BRING BACK SUGGESTIONS FOR CITY IDENTIFICATION ON NEIGHBORHOOD SIGNAGE, ; EXTEND THE BOOK 55 Page 26483 11/17/03 2:30 P.M. GEOGRAPHICAL AREA OF THE DISTRICT TO BETWEEN US 41 AND BRADENTON ROAD FROM 32ND STREET NORTH TO MYRTLE AVENUE (AGENDA ITEM VI-3) CD 4:00 through 4:13 Mayor Palmer stated that proposed Resolution No. 04R-1678 is to adopt the Bayou Oaks Neighborhood Action Strategy; and requested that Staff come forward for the presentation. Michael Raposa, Director, and Ryan Chapdelain, Neighborhood Planner, Neighborhood Partnership Office, came before the Commission. Mr. Raposa referred to the Bayou Oaks Neighborhood Action Strategy included in the Agenda backup material; and stated that the Neighborhood Action Strategy is the result of a collaborative process between residents, property owners, business owners, and City Staff to identify issues and concerns in the neighborhood; that all recommendations included in the Neighborhood Action Strategy are a result of the process; that the Neighborhood Action Strategy addresses crime and safety, infrastructure, appearance, economic development, housing, and recreation/green space; that funding has been secured for many projects and will come from various sources including fiscal year (FY) 2003/04 Capital Improvement Program (CIP) CDBG funds of $450,000, existing City programs within department budgets and future County CIP projects slated for the area in the amount of $7.6 million; that further research is required into possible available funds for those items not funded; that Staff is requesting the Commission adopt proposed Resolution No. 04R-1678; that 15 changes have been incorporated into the Bayou Oaks Neighborhood Action Strategy as a result of the November 5, 2003, Commission workshopi; that all the requests and suggestions made by the Commission met with the approval of the neighborhood Mr. Raposa distributed a Bayou Oaks Neighborhood Action Strategy Post City Commission Workshop Revisions document including the requests and suggestions made by the Commission; and stated that the original Bayou Oaks Neighborhood Action Strategy presented to the Commission addressed specifically the potential of an artist colony in the community; that the neighborhood prefers the reference be more general and referenced as mixed-use; that the boundaries and concepts as defined in the geographical area remain the same. BOOK 55 Page 26484 11/17/03 2:30 P.M. Mayor Palmer stated that the recollection is a request was made to extend the geographical area of the district to Myrtle Avenue; and requested that Alex Boudreau, President, Bayou Oaks Neighborhood Association, present in the audience, come before the Commission. Mr. Boudreau stated that the hope was to lift the boundaries of the entire district northward from 32nd Street north to Myrtle Avenue and from US 41 to Bradenton Road. Vice Mayor Martin asked if the north as well as the south side of Myrtle Avenue would be included in the district boundaries? Mr. Boudreau stated that including the south side of Myrtle Avenue is envisioned; however, the north side could also be included. Vice Mayor Martin stated that including the north side should be consider, since typically, new urbanism principles indicate the same type of uses should be on the same street to avoid incompatibility. Mr. Boudreau stated that with the streetscapes and projects forthcoming on Myrtle Avenue, the wise decision may be to stop the boundary on the south side of Myrtle Avenue and have the boundary clearly defined; that new medians, roadway improvements, bicycle lanes, and sidewalks planned for Myrtle Avenue will provide a clear, easy break in the boundary. Vice Mayor Martin referred to Item 6, of the Post City Commission Workshop Revisions, regarding the evaluation of all types of street lighting, including spacing and illumination; and stated that a choice for the type of lighting should be made. Mr. Boudreau stated the Bayou Oaks neighborhood raised the same concern for lighting as raised by other neighborhoods which is to not illuminate the tree canopy; that light pollution which will interfere with wildlife is not supported; that sufficient lighting to provide safety is the desire, allowing citizens to see dangerous areas and providing a feeling of safety and comfort while walking the streets. Commissioner Servian referred to Objective 6, Enhance alternative modes of transportation, included in the Bayou Oaks Neighborhood Action Strategy; and asked for clarification of the installation of bus shelters. BOOK 55 Page 26485 11/17/03 2:30 P.M. Mr. Boudreau stated that bus shelters are needed in several areas, specifically at Bradenton Road and Myrtle Avenue. Commissioner Servian asked if the bus shelters at Lemon Avenue are designated for another area? V. Peter Schneider, Deputy City Manager, stated that the bus shelters at Lemon Avenue are no longer on the site. Commissioner Servian stated that the bus shelters at Lemon Avenue could possibly be used at the Bradenton Road and Myrtle Avenue intersection if authorized by Sarasota County. Mr. Schneider stated that the plan is to dispose of the bus shelters due to the inability to withstand hurricane force winds. Commissioner Atkins stated that the Bayou Oaks Neighborhood Action Strategy is a magnificent program; that everyone involved in developing the Bayou Oaks Neighborhood Action Strategy are commended and complimented; that the community is heavily involved which is pleasing; that the Bayou Oaks Neighborhood Action Strategy is supported. Commissloner Bilyeu referred to Item 10 of the Bayou Oaks Neighborhood Action Strategy Post City Commission Workshop Revisions, Install gateway entrances; and asked if signage will include identification of the City as well as the neighborhood? Mr. Raposa stated that Staff will research the possibility of including City identification on neighborhood signage for Bayou Oaks. Mayor Palmer stated that the issue should be researched Citywide; that signage and improvements are performed elsewhere in the Cityi that basic continuity is necessaryi that the signage for the neighborhoods can be different; however, the City should be identified as well. Commissioner Servian stated that neighborhood signage throughout the City is inconsistent; that the neighborhood signage does not include any indication the neighborhood is located in the City. Mayor Palmer stated that Staff can research the issue and bring back suggestions for continuity Citywide to the Commission. BOOK 55 Page 26486 11/17/03 2:30 P.M. Vice Mayor Martin asked the timeline for the next Neighborhood Action Strategy which is the Central Cocoanut neighborhood? Mr. Raposa stated that Neighborhood Action Strategy related work is being conducted in the Central Cocoanut neighborhood at this time; that New College of Florida (New College) students are working in the Central Cocoanut neighborhood; that the percentage of the neighborhood canvasses is not known; however, a significant amount of information has been received from 600 to 700 homes; that the anticipation is all the data will be compiled and analyzed by January 10, 2003, which is the date selected for the neighborhood kick-off event; that Staff will schedule biweekly meetings beginning the end of January and into March 2004, if necessaryi that the Central Cocoanut Neighborhood Action Strategy is on target. Mayor Palmer asked if the Commission has any objections to changing Item 15 of the Bayou Oaks Neighborhood Action Strategy Post City Commission Workshop Revisions to indicate an overlay district of a mixed use area between US 41 and Bradenton Road, from 32nd Street north to Myrtle Avenue; and hearing none, requested Staff change the boundary to 32nd Street north to Myrtle Avenue. Commissioner Atkins stated that the City logo should be placed on neighborhood signage. Commissioners Bilyeu and Servian agreed. Mayor Palmer stated that Staff will bring back suggestions to maintain consistency Citywide. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 04R-1678 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 04R-1678. Commissioner Servian stated that having the Bayou Oaks Neighborhood Action Strategy move forward is pleasing; that an excellent job was done in a short period of time; that excellent results are anticipated. BOOK 55 Page 26487 11/17/03 2:30 P.M. Commissioner Bilyeu stated that the best of luck is extended to the Bayou Oaks neighborhood. Vice Mayor Martin stated that conducting work to improve neighborhoods in the community is pleasing and is a source of pride; that the implementation stage is favorably anticipated. Mayor Palmer agreed with the comments made by the previous Commissioners. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote to adopt proposed Resolution No. 04R-1678. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. Commissioner Bilyeu stated that the professionalism displayed by Neighborhood Partnership Office Staff is appreciated and is pleasing. The Commission recessed at 4:13 and reconvened at 6:00 p.m. Mayor Palmer recognized Comedian Gallagher present in the Chambers and requested that he join her at the Commission table. Gallagher stated that the City and the community in which he used to live 30 years ago is of significant personal interest; that some of the homes in the community were built with his own hands; that a novel was written in one of the homes in the community; that the comic routine Sledge-o-Matic was first performed at the Elbow Room on St. Armands Key. Mayor Palmer stated that having the novice comedian at St. Armands Key go on to international renown is wonderful; that Gallagher recently performed at the Van Wezel Performing Arts Hall and hopefully will return in the near future. 19. COMMISSION PRESENTATION RE: CORPORATE SPONSOR CHECK IN THE AMOUNT OF $50,000 FROM WILDE LEXUS OF SARASOTA TO THE VAN WEZEL PERFORMING ARTS HALL/CITY OF SARASOTA FOR THE VAN WEZEL' S 2003/04 BROADWAY SERIES (AGENDA ITEM IX-1) CD 6:01 through 6:03 Mayor Palmer requested that Mary Ann Wilde, owner of Wilde Lexus of Sarasota, and John Wilkes, Executive Director of the Van BOOK 55 Page 26488 11/17/03 2:30 P.M. Wezel Performing Arts Hall (VWPAH), join her and the Commission at the Commission table. Ms. Wilde stated that being a part of the arts programs in the City is a pleasure for everyone at Wilde Lexus of Sarasota; and presented a check in the amount of $50,000 to the VWPAH for the 2003/04 Broadway Series. Mr. Wilkes expressed appreciation on behalf of everyone at the VWPAH, the City, the VWPAH Board and the VWPAH Foundation; and stated that the support of Wilde Lexus for the 2002/03 and the 2003/04 seasons is appreciated; that the financial picture of the VWPAH is good, due in large measure to the support of generous people in the community and corporate partners; that the contribution of Wilde Lexus helps 32,000 children enjoy programs at the VWPAH. 20. COMMISSION PRESENTATION RE: RECOGNITION OF JOHN WILKES EXECUTIVE DIRECTOR OF THE VAN WEZEL PERFORMING ARTS HALL FOR BEING SELECTED FOR ONE OF FOUR ARTS LEADERSHIP AWARDS BY THE SARASOTA COUNTY ARTS COUNCIL AT ITS 2003 AWARDS CELEBRATION HELD ON NOVEMBER 10, 2003 (AGENDA ITEM IX-3) CD 6:03 through 6:05 Mayor Palmer requested that John Wilkes, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), join her and the Commission at the Commission table; and stated that the Sarasota County Arts Council named Mr. Wilkes as one of the four recipients of the Arts Leadership Award for 2003; that Mr. Wilkes' performance at the VWPAH in achieving a favorable financial position over the past three years has been exceptional; that appreciation is also extended to the VWPAH Staff, the citizens of the community for the support, the VWPAH Board, and the VWPAH Foundation; that recognition and plaudits are offered for the wonderful job of Mr. Wilkes. Mr. Wilkes stated that the name of every member of the VWPAH Staff and volunteers, from the board members to the greeters, should be inscribed on the award for their contribution in turning the VWPAH operation around; that appreciation is expressed to the Commission and the Administration for the support. BOOK 55 Page 26489 11/17/03 2:30 P.M. 21. COMMISSION PRESENTATION RE : SARASOTA TARTAN (AGENDA ITEM IX-2) CD 6:05 through 6:15 Mayor Palmer stated that former Vice Mayor and Commissioner Mary Quillin is welcomed back to the Commission Chambers; that Vice Mayor and Commissioner Mary Quillin went to Dunfermline, Scotland, two years ago to establish the basis for the Sister City relationship between the Cities of Sarasota and Dunfermline; that the relationship has since been codified in a ceremony at the Van Wezel Performing Arts Hall approximately one year ago at the same time as the commencement of Sarasota's 100th Anniversary Celebration. Mayor Palmer requested that Gerald McMullen, City Director, Sarasota, Sister Cities Association from Dunfermline, and his wife Janette, and Bill Wallace, City Director, Dunfermline, Sister Cities Association from Sarasota, and his wife Jean, and Linda Rosenbleuth, President, Sarasota Sister Cities Association, join her and the Commission at the Commission table for the presentation. Mr. Wallace stated that one year ago, the Sister City relationship between Sarasota and Dunfermline was formalized; that at the time, the process of creating a tartan in commemoration of the association between the two cities was begun; that the City of Sarasota was founded by Scots 118 years ago; that the tartan designates the clan in Scotland; that today, the citizens of the City of Sarasota have a new family in the citizens of the City of Dunfermline; that having a Sarasota/Dunfermline tartan is therefore appropriate; that a sash of the Sarasota/Dunfermline tartan was previously presented to Mayor Palmer and a tie of the Sarasota/Dunfermline tartan was previously presented to Vice Mayor Martin in recognition of the association; that additional presentations will be made at this official ceremony. Mr. McMullen presented sashes of the Sarasota/Dunfermline tartan to Commissioner Servian and former Vice Mayor and Commissioner Quillin. Ms. Rosenbleuth presented ties of the Sarasota/Dunfermline tartan to Commissioners Atkins and Bilyeu. BOOK 55 Page 26490 11/17/03 2:30 P.M. Mr. Wallace stated that the City may wish to fly a formal flag of the Sarasota/Dunferline tartan during Scottish events and presented a flag of the Sarasota/Dunfemline tartan to the Mayor. Mr. Wallace stated that the arasota/Dunfermline tartan is official as of this event. Mr. McMullen stated that the honor of wearing a tartan is a symbol of family; that the tartan was a symbol may years ago but was driven out of Scotland and only resurrected during Victorian times; that the clans of Scotland would rally around the clan tartan through good times and bad, through battle and peace; that as Chair of the Dunfermline Sister Cities Association, being the owner of the Sarasota/Dunfermline tartan is an honor; that as a wearer of the Danfermline/Sarasota tartan, he will be proud to stand beside the citizens of the City of Sarasota; that being associated with the City of Sarasota is a source of pride; that the presentation of the official tartan, which is recognized throughout the world, is an historic event; that the hospitality of the Commissioners and the citizens of the City of Sarasota is appreciated. 22. COMMISSION PRESENTATION RE : BASKET OF LOCAL FARM COMMODITIES IN RECOGNITION OF "I FARM CITY WEEK" (AGENDA ITEM IX-4) CD 6:15 through 6:17 Mayor Palmer requested that Rory Martin, President, Sarasota County Farm Bureau, and Stacy Taylor, Chair, Farm City Week Activities, join her and the Commission at the Commission table. Mr. Martin stated that November 21 through 27, 2003, is National Farm City Week and is the 46th observance of the event, which is observed in more than 16,000 communities across the US and Canada; that a Proclamation by the President of the United States and a Joint Resolution of the US Congress have called for Farm City Week activities since the inception; that the purpose is to close the breach between the rural and urban segments of society and the economy; that Farm City Week has taken the lead in encouraging the rural and urban segments to become partners in progress; and presented a basket of local farm commodities to the Commissioners on behalf of the 2,200 members of the Sarasota County Farm Bureau. BOOK 55 Page 26491 11/17/03 2:30 P.M. Mayor Palmer stated that the concept of the urban and rural segments working together is important; that citizens of the urban and rural segments of the community have mutual concerns; that the presentation of the farm basket is appreciated and will be enjoyed. 23. SCHEDULED PRESENTATION RE: G.WIZ UPDATE (AGENDA ITEM X-1) CD 6:17 through 6:26 Mayor Palmer stated that the donation of Richard Sheldon to the reconstruction of the Lido Pool is appreciated. Richard Sheldon, Immediate Past President of the Board of Directors and Interim Executive Director of the Gulfcoast Wonder and Imagination Zone (G.WIZ), Alan Quinby, President of the Board of Directors and Interim Executive Director of G.WIZ, and Donald Blivas, benefactor and supporter of G.WIZ. Mr. Sheldon stated that the support of the Commission and City Staff is appreciated. Mr. Quinby stated that Mr. Sheldon has done an excellent job as President and Interim Executive Director; that the Commission has been wonderful to G.WIZ; that G.WIZ has been in the current location for three years; that the City is G.WIZ's landlord; that the G.WIZ Board of Directors feels good about the product delivered; that G.WIZ provides an educational experience which is an excellent success and is the second most popular designation in the City; that 170,000 visitors come to G.WIZ annually; that parents and grandparents bring children and grandchildren to enjoy the exhibits, which are very special and provide a wonderful experience for the children; that the children are not only having fun but are also learning; that 100,000 of the visitors are children; that science teachers encourage children to visit G.WIZ due to the educational nature of the experience; that the exhibits are based on inquiry and teaching; that G.WIZ is part of a national consortium comprised of six hands-on museums; that G.WIZ conducts educational outreach programs and runs special events such as the recent viewing of Mars at its closest proximity to the Earth in 59,000 years; that children become excited about science at G.WIZ; that G.WIZ is not just a destination but is also part of the educational establishment of the community; that G.WIZ is a science center and a success but also has financial concerns and BOOK 55 Page 26492 11/17/03 2:30 P.M. will now be embarking on a campaign to raise $3 million to complete important capital projects. Mr. Quinby displayed renderings of a planned expansion to the butterfly garden on the Chamber monitors and a new open-air classroom and stated that an expansion to the number of exhibits is planned; that an endowment fund will be established to guarantee continued operations; that the original atrium and exhibits were an expensive venture; that the outcome is pleasing; however, G.WIZ must progressi that numerous conversations with educators, private organizations, local citizens have been held; that all are excited about a collaboration with G.WIZ; that G.WIZ eagerly anticipates the future activities; that the Commission's support is appreciated; and distributed a packet of information concerning the activities at G.WIZ and the capital fundraising campaign. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. Mayor Palmer requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during the quasi- judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi- BOOK 55 Page 26493 11/17/03 2:30 P.M. judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. 24. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4492, TO REZONE PROPERTY LOCATED AT 3688 FRUITVILLE ROAD, 3 GOLDEN SANDS DRIVE, 15 GOLDEN SANDS DRIVE 36 GOLDEN SANDS DRIVE AND 44 GOLDEN SANDS DRIVE FROM THE RESIDENTIAL SINGLE FAMILY-2 (RSF-2) ZONE DISTRICT AND THE RESIDENTIAL SINGLE FAMILY-3 (RSF-3) ZONE DISTRICT TO THE RESIDENTIAL MULTIPLE FAMILY-5 (RMF-5) ZONE DISTRICT TO ALLOW A PROPOSED RESIDENTIAL DEVELOPMENT CONSISTING OF 108 MULTIPLE FAMILY DWELLINGS; SAID DEVELOPMENT IS PROPOSED TO BE LOCATED IN THE SOUTHEAST QUADRANT OF THE FRUITVILLE ROAD AND GOLDEN SANDS DRIVE INTERSECTION; APPROVING SITE PLAN APPLICATION NO. 03-SP-21 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-10 AND 03-SP-21, APPLICANTS JOEL J. FREEDMAN, AICP, AND STEPHEN D. REES, ESQ., AS AGENTS REPRESENTING JOSEPH S. STOTTLEMYER, TRUSTEE OF THE STOTTLEMYER FAMILY TRUST AND J. GEOFFREY PFLUGNER, ESQ., AS AGENT FOR FRANK CASSATA AS PROPERTY OWNER AND CONTRACT VENDEE, RESPECTIVELY) PASSED ON FIRST READING (AGENDA ITEM XI-B-1) CD 6:30 through 9:55 Mayor Palmer stated that Rezone Application No. 03-RE-10 and Site Plan Application No. 03-SP-21 as incorporated in proposed Ordinance No. 03-4492 is to rezone property located at 3688 Fruitville Road, 3 Golden Sands Drive, and 44 Golden Sands Drive; that the Applicant is Joel J. Freedman, AICP, and Stephen D. Rees, Esq., as agents representing Joseph S. Stottlemyer, Trustee of the Stottlemyer Family Trust and J. Geoffrey Pflugner, Esq., as agents for Frank Cassata as property owner and contract vendee, respectively. City Attorney Taylor stated that the recommendation is to allow 20 minutes for the Applicant's and the City's presentations and 10 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 7 minutes to speak and 5 minutes for rebuttal; that other interested persons will have 5 minutes to speak. BOOK 55 Page 26494 11/17/03 2:30 P.M. Mayor Palmer stated that hearing no objections, the recommended time limits are approved. City Attorney Taylor stated that the following individuals have filed and met the criteria for certification as Affected Persons: Walter Balsinger, Mohamed Brahim, Patricia Frazier, Ryan Roberts, Peter Rosenberg, and Donna Turner Mayor Palmer stated that hearing no objections, the individuals are certified as Affected Persons and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Stephen Rees, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, Joel Freedman of Freedman Consulting, Gary Hoyt, architect, and Richard Bass of Bass & Associates, Inc., came before the Commission. Attorney Rees stated that proposed Ordinance 03-4492 is to approve Rezone Application No. 03-RE-10 and Site Plan Application No. 03-SP-21 which would rezone 5.1 acres located at 3688 Fruitville Road from the present Residential Single Family 2 (RSF-2) and Residential Single Family 3 (RSF-3) Zone Districts to the Residential Multiple Family 5 (RMF-5) Zone District which is an implementing Zone District of the Multiple Family (Medium Density) Future Land Use Classification; that since 1998, the adopted Future Land Use Map had a Future Classification of which three districts are implementing or qualifying, i.e., the Residential Multiple Family 3 (RMF-3), Residential Multiple Family 4 (RMF-4), and Residential Multiple Family 5 (RMF-5) Zone Districts; that both the present RSF-2 and RSF-3 Zone Districts are zoning enclaves, which are parcels zoned in a manner not currently compatible with future land uses envisioned by the Land Use Classification; that private property owners are encouraged to initiate the rezoning process to bring the property in accordance with the Future Land Use BOOK 55 Page 26495 11/17/03 2:30 P.M. Classification; that recently, the City adopted a new Zoning Code (2002 Ed.); that a provision of the Zoning Code (2002 Ed.) identifies the various Future Land Use Classifications and implementing Zone Districts; that the implementing Zone Districts are consistent with the Future Land Use Chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that for the Multiple Family (Medium Density) Future Land Use Classification, the Future Land Use Plan provides for RMF-3, RMF-4, and RMF-5 Zone Districts; that the RMF-5 Zone District can be found compatible with the surrounding uses and permits the type of development envisioned on the property. Attorney Rees distributed a copy of the original Application with additional information and stated that Attachment D to the Application is an extensive and exhaustive examination of consistency with the City's Comprehensive Plan, consistency with the RMF-5 Zone District regulations, a demonstration of concurrency with the concurrency management system regulations, and a demonstration of consistency with the Standards for Review of the Zoning Code (2002 Ed.); that Staff and the Development Review Committee (DRC) have found the Application for the rezoning and the Site Plan consistent with the City's Comprehensive Plan, the RMF-5 Zone District, and the Tree Protection Ordinance, and address and satisfy all the Standards for Review in both the Rezoning and the Site Plan; that an amended Proffer Statement addresses the plans submitted July 24, 2003. Mr. Freedman stated that the project is near the Downtown but outside of the Downtown Core; that a 108 unit project is proposed; that originally 120 units were proposed; that Staff determined 120 units would impact the site severely; that 108 units correlates to 21.2 units per acre; that the RMF-5 Zone District allows for buildings up to 90 feet in height; that keeping the buildings to 35 feet in height will provide conformity with the existing zoning surrounding the project; that the building coverage is 18 percent, although 25 percent is allowed; that trees on the property will be saved to buffer the sight of the buildings; that the site is an ideal location for a medium density residential development as commercial services are nearby. BOOK 55 Page 26496 11/17/03 2:30 P.M. Mr. Freedman referred to photographs displayed on the Chamber monitors and stated that much of the existing dense vegetation on the property will be retained and protected. Attorney Rees entered the photographs displayed into the public record. Mr. Smith referred to photographs of various trees displayed on the Chamber monitors and stated that several design scenarios were performed to preserve the trees on the site; that the design complies with the Tree Ordinance, although not required as the design was completed prior to adoption of the Tree Ordinance; that mitigation will be provided for trees on-site and off-site which must be removed; that the design of the project allows preserving significantly large trees. Mr. Hoyt stated that the building consists of four sections connected by outside walkways with a roof system giving the appearance of four separate buildings; that each quadrant of the building has a courtyard entrance; that maintaining a 35 foot height provided design flexibility. Mr. Bass stated that a hypothesis has been suggested the proximity of an apartment building has a negative impact to values of abutting properties; that no market evidence supports the hypothesis; that 108 is the minimum number of units on the site which will be economically viable; that the RMF-4 and RMF-3 Zone Districts would not be economically feasible for the proposed project. Mr. Bass continued that a study entitled Proximity Study, An Impact On Value Analysis For A Proposed Multi-Family Project Southeast Quadrant, Beneva Road and Fruitville Road, Sarasota, Florida, was presented to Geoffrey Pflugner, Attorney, law firm of Icard Merrill, Cullis, Timm, Furen, and Ginsburg, on September 19, 2003. Attorney Rees asked if the study substantiates the verbal testimony? Mr. Bass stated yes. Attorney Rees stated that a second report was presented to Attorney Pflugner. BOOK 55 Page 26497 11/17/03 2:30 P.M. Mr. Bass stated that is correct; that a Proximity Study Addendum, Feasibility Analysis, was presented on November 15, 2003. Attorney Rees asked if the report supports the verbal testimony? Mr. Bass stated yes. Attorney Rees entered the following documents into the record: Photographs of trees exhibited Proximity Study, An Impact On Value Analysis For A Proposed Multi-Family Project Southeast Quadrant, Beneva Road and Fruitville Road, Sarasota, Florida Proximity Study Addendum, Feasibility Analysis Attorney Rees stated that Section 6 of proposed Ordinance No. 03-4492 includes stipulations which are understood, are fully acceptable, and will be performed by the Applicant; that an additional proffer has been added to the proposed Ordinance subsequent to the August 18, 2003, Planning Board/Local Planning Agency (PBLP) public hearing continued to October 8, 2003, which is a new driveway configuration on Golden Sands Drive to preclude left turns out of the project onto Golden Sands Drive and require all exiting traffic on Golden Sands Drive to proceed northerly to the intersection of Golden Sands Drive and Fruitville Road; that the proffer is in response to the concern of the citizens of the adjacent Eastwood Subdivision neighborhood regarding traffic congestion at the intersection of Parkland Avenue and Beneva Road. Mayor Palmer asked the changes made to proposed Ordinance No. 03-4492 subsequent to the PBLP's public hearing? Attorney Rees stated that changes are no left turns are allowed out of the project onto Golden Sands Drive and a new driveway on Golden Sands Drive. Mayor Palmer asked if the Site Plan includes tree protection plans? Attorney Rees stated that the Site Plan includes landscaping and elevation plans. BOOK 55 Page 26498 11/17/03 2:30 P.M. Mayor Palmer stated that traffic issues resulting from the proposed project should be addressed. Mr. Freedman stated that the residents of the Eastwood Subdivision testified at PBLP public hearing regarding concerns of additional traffic on Golden Sands Drive proceeding southerly to intersect with Parkland Avenue and the intersection of Parkland Avenue and Beneva Road; that two proposed improvements will further address and improve safety concerns: 1) in conjunction with the County, construction of approximately 450 feet of a new through right turn lane approaching the intersection of Beneva and Fruitville Roads providing for motorists proceeding north on Beneva Road to have a dedicated right turn lane to facilitate turning right to proceed east on Fruitville Road and 2) an off-site improvement to extend the median on Fruitville Road to prohibit left turns into the proposed project driveway with the Applicant bearing the cost. Mr. Freedman continued that testimony by Eastwood Subdivision residents indicated the lack of a dedicated right turn lane resulted in seeking to avoid having to wait at the intersection to make a right turn; that a solution is to turn off Beneva Road onto Parkland Avenue, turn left to go north on Golden Sands Drive or, alternatively, to continue on Parkland Avenue to access Fruitville Road at the east end of the Midwest Apartment complex; that the combination of speed tables and the dedicated right turn lane should help alleviate traffic congestion. Mayor Palmer stated traffic from the development destined for Downtown will be required to turn right on Golden Sands Drive, travel east on Fruitville Road due to the extended median, and do a U-turn to travel west. Mr. Freedman stated that is correct; that the improvement required by Staff was to extend the median on Fruitville Road to eliminate the possibility of a left turn on Fruitville Road from Golden Sands Drive, meaning traffic would be required to travel east and to a U-turn to head west to Downtown. Attorney Rees quoted a letter from Staff dated October 6, 2003, to an Eastwood Subdivision resident as follows: Vehicles exiting the proposed driveway on Fruitville Road will have the ability to make a U-turn on Fruitville BOOK 55 Page 26499 11/17/03 2:30 P.M. Road, if they are going west, research has proven that a U- turn is much safer movement than making a left turn crossing three incoming lanes and a left turn at 45 mph. Attorney Rees stated that the U-turn is the stated acceptable policy of the City and the Florida Department of Transportation (FDOT) and will be followed; that an access permit will be obtained from FDOT to construct a driveway from Fruitville Road to the proposed project and to construct the median required by the proffer; that Staff and the Applicant's engineering consultant believe the requirements are appropriate and will facilitate improved transportation circulation and safety. Mayor Palmer stated that FDOT must approve any contemplated construction such as a driveway and median. Attorney Rees stated that is correct. Mayor Palmer requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning and Redevelopment Department, Douglas Taylor, Deputy Director, Public Works Department, and Osama Freija, Traffic Manager, Engineering Department, came before the Commission. Mr. Parsons stated that Eastwood Subdivision residents indicated concerns with sewage and traffic circulation at the PBLP public hearing; that the proposed project site is comprised of five parcels located on Fruitville Road and Golden Sands Drive directly east of the Beneva and Fruitville Roads intersection; that to avoid the intersection at Beneva and Fruitville Roads, residents travel up Beneva Road through Parkland Avenue to Colorado Street over to Cornelius Circle over to Davis Boulevard and up to Midwest Parkway. Mr. Parsons continued that the property is located in the RSF-2 and RSF-3 Zone Districts which are zoning enclaves in the Future Land Use Classification; that the property is in the Multiple Family (Medium Density) Future Land Use Classification; that the RMF-3, RMF-4, and RMF-5 Zone District are implementing Zone Districts for the Future Land Use Classification; that the RSF-2 and RSF-3 Zone Districts can be retained as zoning enclaves; however, the City's Comprehensive Plan encourages the rezoning of zoning enclaves to an implementing Zone District; that Staff recommends approval of proposed Ordinance No. 03-4492 and Staff BOOK 55 Page 26500 11/17/03 2:30 P.M. found the Applications for the rezoning and Site Plan consistent with City's Comprehensive Plan; that an increase in residential units in the City provides for a broad range of density and diversity of housing types; that required public services are available; that transportation impacts were deemed de minimis; that compatibility with the existing land use pattern is one of the Standards for Review in the Zoning Code (2002 Ed.); that a wide range of uses surround the proposed project site; that the intent and purpose of the RMF-5 Zone District and the Future Land Use Classification is to encourage multiple-family housing; that the proposed project meets the standards of the RMF-5 Zone District; that the proposed project is less intense than the maximum density and height allowed in the RMF-5 Zone District; that the RMF-5 Zone District allows building height up to 90 feet; however, the proposed rezoning has an accompanying Site Plan for a building height of 35 feet; therefore, a building of 90 feet would not be allowed; that 25 percent of building coverage is allowed in the RMF-5 Zone District but only 18 percent building coverage is proposed; that the Applicant is requesting the shared use of one of the required loading spaces; that three loading spaces are required on the site; that the Applicant is requesting only two loading spaces be required. Mr. Taylor stated that sewer overflows occurred during the summer on Golden Sands Drive; that the sewer on Golden Sands Drive is part of the larger collection system of Lift Station No. 52; that Lift Station No. 52 generally covers the area from 12th Street on the north to Fruitville Road on the south and 12th Street from the west to McIntosh Road, which is a large area; that the sewer on Golden Sands Drive is the lowest in the system; that the effects of infiltration in the sanitary sewer system when the groundwater table reaches the land surface were discussed at the PBLP public hearing; that private sewer lines from houses to the street become under water and infiltrate ground water into the sewer system causing the overflow condition; that the City addresses overflow problems as the situations occur; that the wet weather circumstances this summer were sO severe the Eastwood Subdivision area became an obvious problem due to overflows; that for many years, the City has intended to increase the size of the force main, the pipe which leaves Lift Station No. 52 and pumps to another lift station, prior to coming to the wastewater treatment plant; that Lift Station No. 52 was replaced and the size increased at the time Fruitville Road was widened; however, the force main was not addressed which contains a length of eight inch BOOK 55 Page 26501 11/17/03 2:30 P.M. diameter pipe; that Staff asked the City's consulting engineer to perform a hydraulic analysis of the effect of eliminating the eight inch pipe and replacing the force main with a section of 12 inch pipe going up to a larger interceptor than on 12th Street; that the flow capacity of the lift station will be increased 60 percent, or 500 gallons per minute, with both pumps operating in wet weather conditions; that replacing the force main will alleviate the wet weather overflow to allow proceeding with the inflow and infiltration analysis of Lift Station No. 52 collection area, reducing the amount of infiltration over time; that the reason the force main has not been replaced is the intent was to replace the force main at the time the County widened Lockwood Ridge Road from Fruitville Road to 17th Street, which has been delayed until 2007/08; that the force main will be replaced within the next year and the inflow and infiltration work in the Lift Station No. 52 collection area continued. Mr. Freija stated that Staff followed the City's adopted Concurrency Calculation Methodology in Appendix A of the Zoning Code (2002 Ed.); that the net increase of traffic was deemed de minimis, which means the proposed project has a minimal impact into the adjacent streets; therefore a detailed traffic study was not required; that no impact exists on Beneva Road which will degrade the level of service of Beneva Road; that FDOT will consider the feasibility of a driveway on Fruitville Road at the time the project goes for permit approvals; that speed tables have been installed in the Eastwood Subdivision to abate traffic intrusions and speed; that construction of a dedicated right turn lane on Fruitville Road to abate traffic must be approved by FDOT and the Sarasota/Manatee Metropolitan Planning Organization (MPO) : that Beneva Road is under the jurisdiction of the County; that Staff is aware of problems with the intersection of Parkland Avenue and Beneva Road; however, the intersection is under the jurisdiction of the County; that the County has made minor improvements such as signage and will install preformed plastic warning signs on the pavement to indicate an intersection exists; that the County's Signal Warrant Study precludes installation of a traffic signal at the Beneva Road and Parkland Avenue intersection; that Staff's recommendation is to install the median on Beneva Road which will assist the Eastwood Subdivision residents by eliminating the requirement of crossing three lanes of eastbound traffic; that FDOT preiers U-turns rather than left turns for traffic management, indicating two right turns are better than one left turn; that conversation with County Staff BOOK 55 Page 26502 11/17/03 2:30 P.M. will continue regarding improving the intersection of Beneva Road and Parkland Avenue. Commissioner Bilyeu asked if the western boundary of Lift Station No. 52 is Lockwood Ridge Road? Mr. Taylor stated that the western boundary is Tuttle Avenue. Commissioner Bilyeu asked if the right turn lane onto Beneva Road has been reviewed by the MPO? Mr. Freija stated that the right turn lane has been approved and funded by MPO; that the construction of the turn lane will commence in the summer of 2004. Commissioner Bilyeu asked if increasing the size of the force main will take approximately one year and coincide with the commencement of construction of the proposed project if approved? Mr. Taylor stated that increasing the size of the force main will most likely be completed prior to construction of the proposed project. Commissioner Servian stated that Parkland Avenue and Beneva Road is a dangerous intersection; that the visibility at the intersection is difficult; and asked if anything can be done to improve the line of sight? Mr. Freija stated that a traffic signal or leveling the railroad tracks could improve saietyi however, the County has indicated other intersections have higher priorities for installation of traffic signals and leveling the railroad tracks is expensive. Commissioner Servian stated that traveling across three traffic lanes to make a left to go westbound is dangerous but sO is making U-turns on Fruitville Road dangerous; that the traffic moves in excess of 45 miles per hour. Commissioner Servian stated that traveling across three traffic lanes to make a left to go westbound is dangerous but making U- turns on Fruitville Road is also dangerous; that the traffic moves in excess of 45 miles per hour. Mr. Freija stated that any turns on Fruitville Road are dangerous. BOOK 55 Page 26503 11/17/03 2:30 P.M. Commissioner Servian stated that the concern for people who work in or wish to visit the City is people must either: 1) make a right turn to travel east on Fruitville Road and make a U-turn to travel west to the City or 2) travel south on Golden Sands Drive or Parkland Avenue to a very dangerous intersection to travel north on Beneva Road and then to travel west on Fruitville Road to the City. Mr. Freija stated that typically right turns are preferred over left turns. Commissioner Servian stated that human nature generally rejects traveling south to go north to go west. Mr. Freija stated that is correct; that people take the least resistant travel available; that a restricted left lane will be installed at Parkland Avenue and Beneva Road to improve traffic flow and safety. Commissioner Servian asked if a U-turn will be required to go north on Beneva Road if a left turn is prohibited to travel south? Mr. Freija stated no; that a turn can be made at Parkland Avenue and then proceed north. Commissioner Servian asked if a left turn can be made to go north on Beneva Road? Mr. Freija stated that a left turn on Beneva Road will not be allowed at the completion of the proposed project. Commissioner Servian stated that to travel north will require going south, turning around, and going north. Mr. Freija stated that is correct. Commissioner Servian stated that another U-turn situation is being created. Mr. Freija stated that research indicates in the future U-turns at intersections will be forced rather than left turns out of driveways. BOOK 55 Page 26504 11/17/03 2:30 P.M. Mr. Parsons stated that the Applicant made a change to the Site Plan subsequent to PBLP review providing the exit from the proposed project onto Golden Sands Drive will be restricted to a right turn or northbound only. Mr. Freija stated that the median must be approved by FDOT; that the median will not be installed if FDOT determines Staff's recommendation is not appropriate or feasible; however, positive comments from FDOT have been received; that FDOT is concerned regarding making a left turn into a three lane street with an incoming left turn lane. Mayor Palmer stated that the proposed project site is located in an awkward location under any circumst tances; however, some access must be provided as the property exists; that FDOT would be required to permit access regardless of the development on the property. Mr. Freija stated that is correct; that the City cannot deny property access; that reasonable access must be provided. Mayor Palmer requested that the Affected Persons come forward and the following Affected Persons came forward: Patricia Frazier, 336 Parkland Avenue (34232), stated that the sewage issue is a health problem; that the sewers must be repaired; that allowing no left turn on Golden Sands Drive impairs travel ability and safetyi that traffic is currently significant; that the existence of an additional 200 vehicles generated by the proposed project is unwelcome; that most drivers will make an illegal left turn; that an affordable housing complex is not appropriate for the Eastwood Subdivision area; that a single family development, a condominium or villa development, or an office complex is suggested; that the Eastwood Subdivision residents are opposed to apartments and the amount of vehicles the apartment complex will bring; that the Commission is requested to deny the Application; that the Eastwood Subdivision residents desire a development which involves ownership. Donna Turner, 10 Golden Sands Drive (34232), stated that the proposed project will negatively affect her quality of life; that many drivers currently turn left on Golden Sands Drive and will likely continue to do so; that the recently installed speed BOOK 55 Page 26505 11/17/03 2:30 P.M. tables have improved traffic and speed problems in the neighborhood and is appreciated. Ms. Turner continued that flooding occurs during wet weather carrying raw sewage on the street; that the City's attempt to solve the flooding problems is pleasing; that an RMF-5 Zone District designation is too high; that the proposed project will cause travel difficulties for the Eastwood Subdivision residents; that the Commission is encouraged to deny the Applications. Peter Rosenberg, 10 Golden Sands Drive (34232), stated that flooding has been an annual problem in the Eastwood Subdivision for at least 43 years; that traffic is significant on Golden Sands Drive at all times of the day and night; that the speed tables are effective only at the location of the speed table as drivers immediately speed up once past the speed tables; that the proposed project is a three story structure which will eliminate the quiet enjoyment of the residents' property due to additional noise and traffic; that access to the proposed project should be on Fruitville Road which will eliminate some traffic problems for the Eastwood Subdivision; that the economic viability of the proposed project should not be a concern of the City; that the impact on the neighborhood should be considered; that an RMF-3 Zone District designation is more consistent with the neighborhood; that making a U-turn on Fruitville Road is dangerous; that loading requirements should not be waived; that the proposed project should meet all zoning requirements. Mayor Palmer requested that other interested persons come forward; and the following interested persons came before the Commission: Ligia Vicente, 339 Parkland Avenue (34232), distributed and read a letter dated November 17, 2003, to the Commission indicating that the Eastwood Subdivision residents are opposed to the proposed project; that the residents are not opposed to construction of any type of development other than an apartment complex; that a fear is the development will increase in height and density in the future; that the residents are optimistic the sewer issues will be resolved in the near future. Marilyn Sparrow, 329 Parkland Avenue (34232), stated that traffic on Beneva Road off Parkland Avenue is a concern; that a convoluted route is required to reach Beneva Road; that the proposed project will generate increased traffic. BOOK 55 Page 26506 11/17/03 2:30 P.M. Holly Dufour, 330 Golden Sands Drive (34232), agreed with previous speakers and stated that the traffic issue is a concern; that no exit should exist on Golden Sands Drive; that a U-turn in the middle of a six-lane road is unacceptable; that the speed tables reduced traffic and speed on Golden Sands Drive; that the proposed project will generate additional traffic; that that the proposed project allows for parking of 216 vehicles, or two vehicles per unit; that guest parking is not indicated; that a guest may park in a vacant lot near the complex; that a fear is affordable housing will attract undesirable tenants; that a concern is property values in Eastwood Subdivision will decrease due to the proposed project; that hopefully, the rezoning will be denied. Tony Veldkamp, Michael Saunders and Company Commercial Group, 5631 Oak Grove Court (34233), stated that he is a Commercial Real Estate Broker specializing in land development working with numerous developers and property owners in the Sarasota, Manatee, and Charlotte County area; that the proposed project property was originally listed for sale in January 2002 at $995,000; that the Future Land Use Map of the City's Comprehensive Plan was consulted to determine the highest and best use for the property; that the future development potential of the property had been limited by the City for a property of a size appropriate for a high traffic, high visibility location; that developing a retail center or small commercial center was anticipated; however, the City limited development to only a residential project; that the present zoning indicates a maximum potential of 25 units per acre; that at a list price of $995,000, the maximum number of units for the site of 125 equated to a price of $7,960 per unit; that most multi-family apartment developers require a minimum of 20 to 25 acres to construct 240 to 250 units; that properties in the City should be developed at a higher density than properties in unincorporated areas in the County; that a developer will not develop a project with less than 100 units due to the high fixed costs of providing amenities and maintaining an on-site staff; that the developer's architects and engineers have worked painstakingly with Staff for the past 20 months to satisfy Staff's requirements and keep the proposed project moving forward; that providing an attractive project with the amenities of a high end rental community at a lower, more affordable rental structure is important; that the proposed project will BOOK 55 Page 26507 11/17/03 2:30 P.M. provide a much needed buffer between the high traffic commercial uses along the Fruitville and Beneva Roads intersection and the residents of Eastwood Subdivision; that 108 units are required to make the proposed project feasible and provide housing for the residents of the City; that the proposed project is the City's opportunity to show support to the working residents of the City and the desire to provide residents a nice place to live just as much as residents who can afford the high end condominiums Downtown. Clarence Brien, 419 W. Cornelius Circle (34232), stated that only right turns out of the proposed project onto Golden Sands Drive is good; that having a left turn onto Beneva Road is dangerous; that left turns on Beneva Road damage the existing median and signage; that the suggestion of right turns only is a good stride forward; that the City and County should reach an agreement regarding resolution of traffic problems. Gloria Holback, 1320 Palmwood Drive (34232), stated that she is representing her mother, Janet Luke who has lived at 208 Cornelius Circle for 30 years; that personal research regarding speed and traffic flow is being conducted; that 18 percent of the population of Florida are age 65 and older; that by the year 2020, one in four residents will be age 65 and older; that traffic patterns should recognize drivers' responses are slowed by age; that a significant number of accidents occur at the intersection of Beneva and Fruitville Roads; that a representative of FDOT indicated a U-turn is safe; that a traffic light at Parkland Avenue and Beneva Road would provide safety. Hank Wansaw, 201 East Cornelius Circle (34232), stated that a construction project is underway adjacent to the Beneva and Fruitville Roads intersection; that an existing two story apartment complex is being renovated into a hotel which will introduce additional traffic; that the Burger King facility will close to allow construction of a Publix Super Markets; that he agrees with the concerns of the Eastwood Subdivision residents. Tim Harney, 341 Cornelius Circle (34232), stated that three neighborhoods are served by Beneva Road: Bearded Oaks Circle, Midwest Parkway, and the Golden Sands Drive area; that the majority of the traffic goes out to Beneva Road as traveling across Fruitville Road is difficult; that many drivers will make an illegal left turn on Beneva Road; that 200 additional vehicles in the neighborhood will create a negative impact; that a study BOOK 55 Page 26508 11/17/03 2:30 P.M. should be conducted on the sewer system to determine the appropriate installation. Kathleen Kuyper, 215 Cornelius Circle (34232), stated that Fruitville Road was widened several years ago; that she was involved in an accident pulling out of Midwest Parkway making a left onto Fruitville Road; that extensive injuries and residual neurological side effects were sustained; that the intersection is currently dangerous; that additional traffic will add to the danger. Thomas Kohlenburg, 3707 Colorado Street (34232), stated that he has lived in the neighborhood for 434 years; that the flooding problem existed 431 years ago and continues to exist; that Staff indicated the flooding problem is due to an unusually heavy amount of rain; that on November 6, 2003, less than one inch of rain resulted in flooding on Golden Sands Drive; that Golden Sands Drive at Beneva Road is a death trap; that subdivisions should have ingress and egress from both the left and right; that the Commission should consider the residents' concerns. Tom Balog, 42 Golden Sands Drive (34232), stated that the additional 200 vehicles associated with the proposed project will be a major inconvenience for the Eastwood Subdivision residents; that locating an apartment complex sO close to the Fruitville and Beneva Roads intersection will destroy the quality of life of the neighborhood; that currently the neighborhood is a nice place to live; that a concern is the type of tenants the proposed project will attract; that the proposed project will generate noise and the threat of crime; that the fate of wildlife on the proposed project site is unknown; that concrete walls around property are unsightly. The Commission recessed at 8:28 p.m. and reconvened at 8:40 p.m. Mayor Palmer requested that the Applicant come forward for rebuttal. Attorney Rees, Mr. Freedman, and Mr. Bass came forward. Mr. Freedman stated that sidewalks will be installed on Golden Sands Drive and Fruitville Road along the length of the proposed project propertyi that the waiver of a loading zone is a reasonable request considering eight units trigger the third BOOK 55 Page 26509 11/17/03 2:30 P.M. loading zone; however, if the Commission determines waiver of a loading zone is not a wise choice, the third loading zone will fit on the site; that the amount of traffic generated by the proposed project was deemed de minimis; that 39 trips are generated during the p.m. peak hour. Mr. Bass stated that a suggestion was made an Adult Congregate Living Facility (ACLF) would be an economically viable use; that in August 1995, an ACLF use of the property was proposed; that ACLFs do not exist any longer; that Assisted Living Facilities (ALF's) have replaced ACLFs; that the market for ALEs no longer exists; that parking must be analyzed relating to the number of spaces per number of units; that 42 vehicles will be associated with 36 one bedroom units and 12 two bedroom, one bath units in the proposed project; that all of the parking spaces will not be used by residents. Attorney Rees stated that time does not permit rebuttal to each speaker; that the Commission is to consider competent and substantial evidence; that competent and substantial evidence can be lay person testimony as to facts observed through experience or an opinion provided by an expert; that a number of citizens have had experiences relating to residency in the neighborhood and have related the experiences to the Commission; however, all the neighbors' comments were directed to historical conditions; that none of the individuals qualify as an expert to provide an opinion; that the experts testifying both during the Applicant's and the City's presentations provided the professional opinion that the citizens' concerns can and will be remedied completely prior to the permitting and the occupancy of the proposed project; that traffic is not an issue; that the intersection of Parkland Avenue and Beneva Road is outside the jurisdiction of the City; that the Commission cannot take action to deny the Application based on a transportation concern which is a problem of another jurisdiction; that an RMF-5 Zone District designation is requested; that an analysis and a report from a professional unconditionally document a viable, profitable venture cannot be achieved in an RMF-3 or RMF-4 Zone District; that having in excess of 100 units is required to be economically viable; that the citizens suggest the nature of the occupants will be undesirable; that people who desire to live in economical affordable housing are not criminals; that individuals are not undesirable citizens if a home is rented rather than owned; that the rental rates of the proposed project are: BOOK 55 Page 26510 11/17/03 2:30 P.M. $725 One bedroom, one bath $825 Two bedroom, one bath $850 Two bedroom, two bath $900 Large two bedroom, two bath Attorney Rees continued that the project can be economically viable with the 108 unit density; that the proposed project can provide the type of housing necessary in the Cityi that the Future Land Use Chapter of the City's Comprehensive Plan recognized the proposed project site provides a good residential use; that the general characteristics of the Multiple Family (Medium Density) Future Land Use Classification are as follows: This land use classification can serve as a transition or buffering function providing a stepdown in land use intensity between more intensive uses such commercial retail and the less intensive single-family residential uses. Attorney Rees further stated that following are the planned primary uses on the City's Future Land Use Map: Within this classification are compatible structures designed to house more than one family including but not limited to garden apartments, patio units, villas, plexes, row houses, condominiums, and townhouses. Attorney Rees referred to a photograph displayed on the Chamber monitors and stated that the photograph is from the adopted Future Land Use Chapter of the City's Comprehensive Plan indicating an example of the type of housing in the classification, which is a three story building; that the Florida Supreme Court decision in the Snyder case mandates a decision by the Commission to rezone the property to RMF-3, RMF-4, or RFM-5 Zone District; that the proposed project site is undevelopable without a change in zoning. Mayor Palmer stated that the residents indicated a business development would be more acceptable than residential. Mr. Freedman stated that a use suggested by Eastwood Subdivision residents is a financial institution which is the highest trip generator of any land use other than a fast food restaurant; that BOOK 55 Page 26511 11/17/03 2:30 P.M. a bank would generate more p.m. peak hour traffic than the proposed project. Mr. Bass stated that a commercial development at Golden Sands Drive and Parkland Avenue is not a good idea; that commercial development is not compatible with the neighborhood or permitted by the City's Comprehensive Plan. Mayor Palmer asked if changes can be made to the proposed project in the event the RMF-5 Zone District, allowing a 90 foot building height and 25dwelling units per acre, is approved? Attorney Rees stated that an Amended Proffer Statement was previously presented which specifically references the Site Plan date stamped as received by the Planning and Redevelopment Department June 11, 2003, and presented to the PBLP and the Commission; that the Site Plan contains the limitations of the elevations to the 35 foot height for all the buildings; that the proffered Site Plan is integrated in the proposed Ordinance; that the proposed project as presented is the only allowed development; that any property developer whether the Applicant or someone as a successor would be required to proceed through the public hearing process to seek a modification of the Site Plan and a release of the stipulation in the proposed Ordinance requiring all development be consistent with the approved Site Plan; that the Applicant is a contract purchaser, has built similar housing projects in the City and the developer specifically selected the proposed project property as the proposed project can succeed with the type of three story product at the pricing indicated; that the intent is to submit the appropriate plans to build the proposed project as stipulated following Commission approval. Mr. Freedman stated that the Zoning Code (2002 Ed.) addresses minor and major modifications and specifically defines a major modification as any change to the height of the approved building; that a change in height would require going back through the entire approval process. Commissioner Bilyeu asked if the sole ingress and egress was on Fruitville Road for the previously proposed ACLE; asked if two entrances were planned at the ACLE; if entrances for the proposed project could be on Fruitville Road? Attorney Rees stated that a driveway to and from Fruitville Road was proposed; that Staff did not support any driveway onto Golden BOOK 55 Page 26512 11/17/03 2:30 P.M. Sands Drive; that the ACLF anticipated few residents would drive to and from the project; that the primary traffic impact would have been delivery vehicles as well as buses or shuttles; that Staff was requested to review and consider the advisability of a secondary driveway on Golden Sands Drive at the proposed project due to a desire to ensure good circulation for the residents within the development; that the driveway plan was revised subsequent to testimony at PBLP public hearing as area residents did not desire traffic to go southerly by turning left onto Golden Sands Drive by providing a permanent obstruction which permits only a right turn; that the proposed project can exist without any driveway on Golden Sands Drive; however, no driveway on Golden Sands Drive is not the best design for the proposed project. Commissioner Bilyeu asked if an RMF-3 Zone District would allow a 35 foot building height but the density would be less? Mr. Freedman stated that an RMF-3 Zone District allows 66 units versus 91 for the RMF-4 Zone District; that the proposed project proposes 108 units. Commissioner Bilyeu asked if RMF-3 Zone District allows a building height of 35 feet? Attorney Rees stated that the RMF-3 Zone District permits 35 feet as do the existing residential zone districts within which the proposed project site is a zoning enclave; that the Eastwood Subdivision allows a 35 foot building height; that height and density are not issues by reason of the manner the proposed project has been proffered; that the Site Plan indicates a very delicate, sensible and practical way of developing the property by developing the interior core as a campus; that the substantial existing tree and vegetation buffer will be preserved on the periphery of the property; that the buffer will be enhanced along Fruitville Road. Mayor Palmer requested that the Affected Persons come forward for rebuttal and the following Affected Persons came forward. Ms. Frazier stated that Staff advised her the proposed project will generate 39 peak p.m. trips; that her household makes seven trips daily; that for 108 apartments to generate only 39 trips is questioned; that the residents do not care if the proposed project BOOK 55 Page 26513 11/17/03 2:30 P.M. is not built; that viewing the trees and vegetation on the vacant property is pleasant. Mr. Rosenburg stated that over 200 additional vehicles and service vehicles generated by the proposed project does not equate to a de minimis traffic impact; that no access should be from Golden Sands Drive; that traffic at Golden Sands Drive and Fruitville Road is a significant concern of the Eastwood Subdivision residents; that whether a proposed project is viable or not is not the concern of the City; that heavy density zoning in the neighborhood is not desired; that ingress and egress on Golden Sands Drive should be denied. Mayor Palmer requested that the City come forward for rebuttal. Mr. Parson, Mr. Freija, and Mr. Taylor came forward. Mr. Parsons stated that residential use only is allowed at the proposed project site; that commercial use would require a change to the City's Future Land Use Map. Mr. Freija stated that the proposed right turn lane onto Fruitville Road is a free flow lane, or a hot lane; that a hot lane will increase right turns; that traffic will be difficult during the p.m. peak hours; however, the installation of the right turn lane has been contemplated for yearsi that the purpose of installing the right turn lane is to minimize traffic intrusion into the neighborhood; that Staff has expended significant effort on the project; that Staff will discontinue the plans to install the right turn lane if the neighborhood feels the project will not benefit the residents in any wayi that proposing the right turn lane was in response to neighborhood requests and concerns; that residential use creates much less traffic than a commercial or bank use; that the intersection of Parkland Avenue and Beneva Road is a dangerous intersection; that drivers can seek alternative routes for travel; that the City and County have had ongoing discussions and meetings regarding traffic problems in the area; that traffic studies, including the use of a radar gun, have been conducted and are available to the public; that the other proposed project on Fruitville Road converting a former project for an ALF to a hotel will provide for no left turns out of the hotel area; that a tentative proposal to redevelop the area at Fruitville and Beneva Roads currently occupied by the Burger King and the Publix Super Market was presented by a developer to the Development Review Committee at a pre-application meeting several months ago; BOOK 55 Page 26514 11/17/03 2:30 P.M. that any proposed project will be required to go through the normal approval process including concurrency review, traffic circulation review, PBLP review, etc. ; that Burger King is a high generator of traffic; that the Burger King on Fruitville Road is one of the busiest Burger Kings in the area; that Staff feels traffic improvements have been made to Eastwood Subdivision, including traffic calming; that a typical household makes between seven to ten trips daily; however, the worst case scenario which is the p.m. peak period was considered in the traffic concurrency review. Commissioner Bilyeu asked the time of the p.m. peak period? Mr. Freija stated that the p.m. peak period is 4:00 to 6:00 p.m. Commissioner Servian asked the reason only 39 trips occur during the p.m. peak period if 108 units are proposed and if the majority of the residents would be returning home from work during the peak period? Mr. Freija stated yes; that 39 trips is based on the Institute of Transportation Engineers Sixth Edition software, which is based on extensive research throughout the US; that the Institute of Transportation Engineers performs typical land use calculations to determine a rate which indicates the trips a typical residential apartment complex would generate during the p.m. peak period; that the residents may leave for work at the same time; however, not all residents will be returning at the same time. Commissioner Servian asked if the reason the proposed project traffic is considered de minimis is the increase in the volume must be at least one percent not to be considered de minimis? Mr. Freija stated yes. Mr. Taylor stated that a due diligence analysis has been performed by Dufresne-Henry, Inc., engineering consultants, regarding the wet weather sewer overflows in the Eastwood Subdivision; that Staff is satisfied the recommendation to upsize the force main from Lift Station No. 52 to 12 inches will provide the reasonable assurance to address the overflows. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and referred to the criteria for approval of site plans BOOK 55 Page 26515 11/17/03 2:30 P.M. of Section IV-506(A), Standards for Review, Zoning Code (2002 Ed.), as follows: 5. Whether the proposed development, design and layout has made adequate provisions for vehicular and pedestrian access, safety, and traffic circulation (both internal and external to the project), Attorney Schenk stated that the Commission's decision at this time should be based upon satisfying the indicated criteria; and continued that contrary to Attorney Rees's statement, neighborhood testimony, although anecdotal, can also be based on factual observation and considered competent and substantial evidence; that residents are not required to hire experts; that nevertheless, the Commission must consider options if the rezoning and site plan are denied; that the analysis does not stop at denial as the existing RSF-2 and -3 Zone Districts are not implementing Zone Districts of the Multiple Family (Medium Density) Future Land Use Classification; that the Florida Supreme Court in the Synder decision indicated the governing body has the discretion to deny the maximum development density if some development which is consistent with the comprehensive plan is approved and the decision is supported by competent and substantial evidence; that indicating other zone districts are available is not adequate; that an actual approval of a less intense alternative is required; that if a motion is passed to deny proposed Ordinance No. 03-4492, a follow-up motion should be passed to refer to Staff an analysis of the site for potential development with a report back concerning alternate zone districts; however, to emphasize, a rezoning application will not necessarily have an associated site plan application and property rights will be created in the alternate zone district; that denying a site plan is more difficult than denying a rezoning and an associated site plan; that the Commission should weigh the options in considering the vote. Mayor Palmer stated that the concern in the Eastwood Subdivision neighborhood is the 35 foot building height; and asked the least residential building height permitted in the City? Mr. Parsons stated that the Residential Single Multiple 9 units per acre (RSM-9) Zone District allows for two stories in height; that the RSM-9 Zone District is applicable to only the Laurel Park neighborhood; that all other residential Zone Districts allow 35 feet in height. BOOK 55 Page 26516 11/17/03 2:30 P.M. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to extend the meeting beyond the scheduled completion time of 9:30 p.m. to complete the Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes;. Commissioner Bilyeu asked if a record of sewage spills in the Eastwood Subdivision has been maintained? Mr. Taylor stated no; that no records are maintained other than associated with maintenance activities. Commissioner Bilyeu asked if the proposed project will provide adequate stormwater management? Mr. Freija stated that the proposed project must meet all criteria in the Engineering Design Criteria Manual (EDCM). Mayor Palmer asked for clarification regarding possible changes to building heights and density subsequent to approval of the rezoning to RMF-5 Zone District. Attorney Schenk stated that Section IV-508 of the Zoning Code (2002 Ed.) clearly indicates that a major modification to the Site Plan is an increase in the density or intensity of the development, the location of points of access to the site, or an increase in the height of the building; that Staff would require the developer to go through the entire Site Plan approval process if any major modifications are made to the approved Site Plan. Mayor Palmer asked the manner in which an Application with a more intense use than proffered can be denied based on substantial and competent evidence subsequent to rezoning to the RMF-5 Zone District? Attorney Schenk stated that evidence may exist on both sides of the question; that substantial and competent evidence may exist to support denial or approval. City Attorney Taylor stated that proposed Ordinance No. 03-4492 will indicate no building permit will be issued for a project at BOOK 55 Page 26517 11/17/03 2:30 P.M. the proposed project site which does not conform fully to the presented Site Plan. Commissioner Bilyeu stated that an RMF-5 Zone District allows an additional 19 units could be constructed in the proposed project. Mr. Parsons stated that is correct. There was no one else signed up to speak and Mayor Palmer closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 03-4492 by title only. On motion of Vice Mayor Martin and second of Mayor Palmer who passed the gavel to Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4492 on first reading. Vice Mayor Martin stated that the decision is difficult; that the neighborhood is loved and is special; that he worked on the establishment of Eastwood Park and got to know the neighborhood; that efforts are being made to develop more quality, affordable housing in the City; that significant work was undertaken in the City's Comprehensive Plan to identify areas for the development of multi-family, medium density residential use; that the issue of compatibility in single-family neighborhoods is a concern; that the Multiple Family (Medium Density) Land Use Classification was presented by Staff as compatible with single- family neighborhoods; that the presented project is sensitive to the site in terms of preserving the native canopy as a buffer with respect for the neighborhood; that the height of the proposed development is less than allowable, which is another attempt at compatibility; that the two issues are stormwater flooding and traffic; that the issue of stormwater flooding has been adequately addressed by professional engineers and Public Works Staff; that the issue of traffic is difficult everywhere in the City and is becoming more difficult; that no magic solution exists; that the City is doing the best possible job with the traffic problem; that much has been done to protect the neighborhood from traffic intrusion; that speed bumps and the right-hand turn lane on Beneva Road approaching Fruitville Road are examples of traffic mitigation in the neighborhood; that the proposed right-turn only onto Golden Sands Drive proffered by the Applicant from the proposed development addresses the residents' concerns of cut-through traffic in the neighborhood; that the City is growing but doing the best possible job of managing BOOK 55 Page 26518 11/17/03 2:30 P.M. traffic; that the proposal is passable or better than passable; therefore, adoption of proposed Ordinance No. 03-4492 is supported. Mayor Palmer concurred and stated that she lives in the neighborhood, approximately one mile east across from Cardinal Moody High School, and understands the frustration with the traffic; that three lanes of traffic are crossed to reach the center lane; that the light at Cardinal Moody High School allows exiting the condominium to reach City Hall from her residence; that Parkland Avenue to Golden Sands Drive was utilized prior to the installation of the speed bumps to avoid the corner of Beneva and Fruitville Roads; that with the installation of the speed bumps, the route is no longer utilized sO at least one less vehicle travels through the neighborhood; that the right- turn only onto Golden Sands Drive from the proposed development helps relieve the traffic in the neighborhood but does not relieve the problem at the intersection of Parkland Avenue and Beneva Road; that the neighborhood is being impacted by the terrible traffic situation at the intersection regardless of the project developed at the site; that the hope is the City will try to work with the County to resolve the problem as the situation is dangerous; that the height of the proposed development at 35 feet is no greater than allowed in the single- family neighborhood; that 35 feet is allowed in all single- family neighborhoods except Laurel Park; that the proposed right-turn lane from Beneva Road to Fruitville Road should be re-evaluated if the neighborhood feels strongly; that additional gaps may be necessary and will be considered, particularly if additional traffic is created in the area; that affordable housing is important; that the development in which she lives is affordable housing and, although condominiums, some are rentals; that affordable housing does not mean residents are criminals and does not mean the residents will wreck neighborhoods; that the developer has proposed a quality project with moderate rents, which does not automatically mean more trouble in the neighborhood; that consideration of working class families by providing affordable housing is important in the Cityi that the comments of the neighborhood residents are respected; that many issues must be addressed; that some comments were heard during the Commission's recess which caused concern; that the comments were the Commission does not believe any of the neighborhood residents have any intelligence and would not seriously consider the residents' concerns; that the Commission has seriously BOOK 55 Page 26519 11/17/03 2:30 P.M. considered the residents' concerns and certainly does not consider any of the neighborhood residents lacking in intelligence, understanding, or commitment to the community. Commissioner Atkins stated that the difficult decisions such as this are the reason the Commissioners are elected; that the current decision is difficult; that both sides of the issues are understood; that a personal decision has not yet been made, which is troubling; that the choice involves perception, affordability, U-turns, hazards, traffic, the County's negative impact on the City, etc.; that the decision is a struggle; that making everyone happy would be pleasing; that the site is in a city environment; that ten years ago during his previous tenure as a Commissioner, the City tried to consider something else at the site; that many of the same neighborhood residents did not want the Adult Congregate Living Facility (ACLF) which was proposed at the time; that the neighborhood residents really want no development on the site; that a suggestion was made for neighborhood residents to come together and purchase the site for a private preserve; that the struggle continues; that a vote will be cast at the appropriate time. Commissioner Bilyeu stated that many people in the audience were met during his campaign; that the people voted for him to do a job; that sometimes, the Commission has certain rules and court decisions which must be followed; that sometimes, the result is not as desired; that the decision is a struggle; that the major struggle is the consideration of the traffic; that a meeting was held with City Staff to assure the good, substantial, competent evidence necessary for a decision would be presented; that the stormwater flooding will be addressed and remedied; that he lives not far from the neighborhood and has experienced sewage backing up from the stormwater drains; that the six-lane Fruitville Road must be crossed daily coming from his residence to work; that sometimes, an eastward turn will be made and then a U-turn to head westward for safety reasons; that accidents have been seen in the vicinity; that Fruitville Road is dangerous; that everyone must assure the safest possible vehicular operation on the busy streets; that the Applicant has done significant work to make the traffic circulation from the proposed development as safe as possible; that the Applicant was also concerned about the height and could have constructed a nine story building; that nine story buildings are not a personal concern; however, the Applicant has kept the height to three stories, which is commendable and has attempted to deal BOOK 55 Page 26520 11/17/03 2:30 P.M. with the traffic issue to the best extent possible; that Golden Sands Drive was utilized until the speed bumps were installed sO at least two fewer cars are traveling through the neighborhood; that the proposed development is in his district; however, a vote will not be cast based on the last person to whom spoken; that a decision will not be made based on the number of votes which may be received; that a vote must be made based on substantial, competent information; that everyone's participation is appreciated and makes the City great; that a collaboration should be initiated with the County to try to make the intersection of Parkland Avenue and Beneva Road safer for everyone and should occur regardless of the outcome of the vote. Commissioner Servian stated that consideration of the proposed development causes significant confliction; that the issues presented by the neighborhood residents will exist regardless of the development on the site; that the intersection of Parkland Avenue and Beneva Road is dangerous; that the neighborhood residents as well as the Commission should put pressure on the County to improve the intersection; that Public Works Staff addressed the concern regarding stormwater flooding quickly and had the necessary analysis completed; that the force main will be increased from 8 to 12 inches; that the issues presented by the neighborhood residents are important but will not change if something other than an apartment complex is developed; that the issue of the traffic on Fruitville and Beneva Roads is serious; that the remarks regarding a certain kind of people in an apartment complex cause concern; that her two sons are renters and are fine, young, upstanding gentlemen; that no one would object to their presence in any neighborhood; that the discussion concerning the apartments attracting transients is a concern; that the apartments will attract working Class people who are desired as residents in the Cityi that the Commission struggles with developing methods to encourage affordable housing; that an individual must earn a minimum of $23,000 to $25,000 to afford an apartment in the proposed development at the price points proposed and would be a working class person, who should be welcomed in the neighborhood; that the neighborhood residents are encouraged to reach out to the new residents to join their neighborhood association; that the new residents will have the same issues as the current residents; that safety and traffic are everyone's concerns; that the motion will be supported; that the Applicant has done everything possible to minimize the impact to the neighborhood by reducing BOOK 55 Page 26521 11/17/03 2:30 P.M. the height; that any neighborhood resident could rebuild to a height of 35 feet; that the height is not the issue. Commissioner Servian restated the motion as to pass proposed Ordinance No. 03-4492 on first reading with the reduction of the loading space from three to two and requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Servian, yes; Atkins, yes; Bilyeu, yes. Commissioner Servian passed the gavel back to Mayor Palmer. 25. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4506, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1743 BAY STREET, HISTORICALLY KNOWN AS THE ORREN AND ALLIE WELLS HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 03-HD- 03, APPLICANTS DALE FAGAN AND GREGG FAGAN, AS OWNERS) PASSED ON FIRST READING (AGENDA ITEM XI-B-2) CD 9:49 through 9:52 Mayor Palmer stated that Historic Designation Application No. 03-HD-03 as incorporated in Proposed Ordinance No. 03-4506 pertains to historic designation for a structure located at 1743 Bay Street, historically known as the Orren and Allie Wells House; that the Applicants are Dale and Gregg Fagan, owners. City Attorney Taylor stated that the Applicants had a family issue with which to deal and authorized City Staff to make the presentation; that the recommendation is to allow the Applicant and the City three minutes for the presentation and two minutes for rebuttal; that no one has filed for certification as an Affected Person; that no one has signed up to speak as an interested person. Mayor Palmer stated that hearing no objections, the timelimits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. BOOK 55 Page 26522 11/17/03 2:30 P.M. Mayor Palmer opened the public hearing and requested that Staff come forward for the presentation on behalf of the Applicant. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that Historic Designation Application No. 03-HD-03 was well received by the Historic Preservation Board at the September 9, 2003, Regular meeting; that Staff from the Sarasota County Department of Historical Resources determined the structure located at 1743 Bay Street possesses integrity of location, design, setting, workmanship, association and materials and meets the following criteria under Section IV-806(A), Zoning Code (2002 Ed.): 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Mr. Hoglund displayed photographs of the Wells House on the Chamber monitors and continued that the Wells House was constructed in approximately 1916 and has had three owners; that the current owners, the Fagans, acquired the house in recent years and have renovated the home as their principal residence. Mr. Hoglund stated that one change to the house since the original construction is the enclosure of part of the porch on the east side of the building; that the Fagans performed all the work to bring the house to the current restored condition, which gave the Historic Preservation Board a good feeling about the project; that the Historic Preservation Board voted unanimously to recommend historic designation of the structure located at 1743 Bay Street; that no additional comments are necessary for the City's presentation. There was no one signed up to speak and Mayor Palmer closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 03-4506 by title only. On motion of Commissioner Bilyeu second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4506 on first reading. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried BOOK 55 Page 26523 11/17/03 2:30 P.M. unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 26. CITIZENS - INPUT CONCERNING CITY TOPICS (AGENDA ITEM XII) CD 9:52 There was no one signed up to speak. 27. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 9:52 through 10:00 COMMISSIONER SERVIAN: A. stated that the Economic Development Board met the week of November 3, 2003; that the following dates are important: November 19, 2003 Industry Exposition at Robarts Arena December 1, 2003 Summit at the Laurel Oak Country Club updating the Economic Development Plan January 16, 2004 Luncheon at Lakewood Ranch Country Club to discuss the economic outlook with the Lieutenant Governor as the speaker COMMISSIONER ATKINS: A. stated that an application is being submitted to expand the area of the Enterprise Zone in Sarasota; that the vote of the Enterprise Zone Committee to expand the Enterprise Zone was close. Vice Mayor Martin asked if Commissioner Atkins supports the expansion? Commissioner Atkins stated no; that enough development has not occurred in the primary area; that initially, the effort was to concentrate the development and growth; that expansion of the area dilutes the effectiveness. MAYOR PALMER: A. stated that the City's Legislative Priorities were presented to the Legislative Delegation the week of November 10, 2003; that most of the Legislative Priorities were reviewed with the Legislative Delegation by the ManaSota League of Cities; therefore, a focus was BOOK 55 Page 26524 11/17/03 2:30 P.M. placed on the issues related to the taxation of the Ed Smith Sports Stadium; that the request was made to exempt municipal sports stadiums from the ad valorem tax obligation; that additional information is was promised to be sent to the Legislative Delegation; that the assumption is the information has or soon will be sent by Staff. City Manager McNees stated that the sending of the information will be verified. B. stated that State funding for the Ed Smith Sports Stadium facility was also raised and requested that the Administration provide clarification. City Manager McNees stated that the Commission's Legislative Priority concerning reinstitution of State matching grants for rehabilitation of spring training facilities was presented to the Legislative Delegation; that only a couple of spring training facilities would be eligible for a State grant; that a representative of the Cincinnati Reds attended the meeting to show support for the City of Sarasota, which was noteworthy to the Legislators; that the reception of the Legislative Delegation appeared positive. Mayor Palmer stated that the Cincinnati Reds have offered matching funds to renovate the Ed Smith Sports Stadium, which was important for the Legislative Delegation to hear. C. stated that several Commissioners were at policy committee meetings of the Florida League of Cities (FLC) the week of November 10, 2003. Commissioner Servian stated that the Legislative Priorities were discussed at the FLC policy committee meetings; that the issue of not taxing the municipal sports facilities was discussed; that a motion was made which she seconded as the Vice Chair of the Municipal Finance and Taxation Policy Committee to identify the issue as a top priority; that the issue has been moved into the Number 4 position on the list of Legislative Priorities and is therefore designated as a super-priority. D. stated that the Commission's action concerning the Lido Pool taken earlier in the meeting is appreciated; that BOOK 55 Page 26525 11/17/03 2:30 P.M. the Lido Beach Facilities Task Force will be attending the November 18, 2003, meeting of the Sarasota Board of County Commissioners to request the County's participation in the reconstruction of the Lido Pool. E. stated that a study for the feasibility of a Conference Center in Sarasota is underway through the Tourist Development Council; that a meeting was held with the consultants who will be developing four potential locations based on a market study as to the need and the potential customer base; that the study should be completed at the beginning of 2004. 28. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED TO ISSUE CERTIFICATES OF APPRECIATION TO THE MEMBERS OF THE CELEBRATE SARASOTA COMMITTEE (AGENDA ITEM X) CD 10:00 through 10:13 MAYOR PALMER: A. stated that approximately a month ago, the Administration indicated the Strategic Plan would be completed within 30 days; that a report of the status should be provided. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a draft was received from the consultant; that Staff has been requested to provide additional information for the consultant by November 21, 2003; that the final document will be presented to the Commission as soon as completed by the consultant; that unfortunately, the consultant is hospitalized for surgery in Canada; that Staff will work as quickly with the consultant as possible upon his return. Mayor Palmer stated that health problems are understood; however, knowing the Strategic Plan is progressing is good. City Manager McNees stated that the Administration previously indicated the Strategic Plan would be ready for the fiscal year 2004/05 budget process. Mr. Schneider stated that he previously indicated the hope was to have a draft within 30 days; that everything possible is being done to complete the Strategic Plan. BOOK 55 Page 26526 11/17/03 2:30 P.M. B. stated that the Commission is requested to authorize the issuance of Certificates of Appreciation to the members of the Celebrate Sarasota Steering Committee, all of whom worked very hard for the City's 100th Year Anniversary Celebration; that hearing the Commission's agreement, Certificates of Appreciation will be presented to the members of the Celebrate Sarasota Steering Committee. C. stated that the status of the proposal concerning relocation of offices within the City Hall is requested; that the Building, Zoning and Code Enforcement Department is out of space; that the Director of Building, Zoning and Code Enforcement indicated a new Plans Examiner is being hired but no office space is available; that the Commission was not pleased with the relocation plan previously presented by the Administration; that a revised relocation plan should be presented as soon as possible; and referred to the November 14, 2003, Commission Information Memorandum indicating the department had 100 walk-in customers on November 12, 2003, indicating the large volume of customers being handled on a daily basis. City Manager McNees stated that office space has been identified for the new Plans Examiner as well as some other Staff from the Department of Building, Zoning, and Code Enforcement, who will be moving to the space formerly occupied by the General Services Department on the second floor of City Hall; that the problem is too acute to wait for any further action by anyone; that recommendations will be presented to the Commission for additional relocation after the beginning of 2004. VICE MAYOR MARTIN: A. stated that the Mayor is admired for working to raise money for the Lido Pool; that the hope is the project can come to fruition over the next couple of years. B. stated that the group from China participating in the cultural exchange was in Sarasota the week of November 10, 2003, and performed at The Players Theatre; that the City hosted a farewell dinner on November 16, 2003, at Marina Jacks Restaurant; that on short notice, BOOK 55 Page 26527 11/17/03 2:30 P.M. Billy Robinson, Lori Rivers, Jude Levy, and Linda McCorkle coordinated a wonderful reception; that their efforts are appreciated. C. stated that at the November 3, 2003, Regular Commission meeting, the Commission was requested to sponsor the farewell dinner for the Chinese delegation; that a few days later, Tom and Nancy Jackson of Jackson and Associates offered to sponsor the event due to a love for the City and an opportunity to reciprocate; that the John and Mable Ringling Museum of Art, the Salty Dog Restaurant, Marine Max, Mote Marine Laboratory and Aquarium, O'Leary's Restaurant, JB's Nightclub and others stepped forward to provide support; that the community extended open arms to the Chinese Delegation, which was rewarding to see; that the Mayor performed acrobatic moves with the Chinese acrobats; that singers from China sang songsi that perhaps most touching, Sheila Atkins, Commissioner Atkins' wife, sang Amazing Grace and American the Beautiful; that everyone's efforts are appreciated. D. stated that some comments were made concerning the fulfillment of commitments in development agreements at the time the Downtown Mobility Study was discussed; that a report was requested. City Manager McNees stated that the report was provided to the Commission today. E. stated that an update concerning the City's activities for and the resources being focused on the HOPE (Housing Opportunities for People Everywhere) VI grant application was previously requested; that the application deadline is in the near future; that a senior staff member should be designated to be at the table of the Steering Committee meetings; that City Staff has been present but in the background and should be at the table; that the County has appointed a Staff liaison. City Manager McNees stated that City Staff has been in attendance at every meeting since the appointment of the Steering Committee. BOOK 55 Page 26528 11/17/03 2:30 P.M. Mr. Schneider stated that the table is not big enough for everyone in attendance to sit at the table; that the group which does not sit at the table is nonetheless actively participating. City Manager McNees stated that City Staff has been very engaged with the consultant for the Sarasota Housing Authority (SHA) who is coordinating the HOPE VI grant application. Vice Mayor Martin stated that knowing the City's plans would be helpful; that the expectation is the Commission will be requested to make a commitment to the HOPE VI grant application in the near future; that the quickly approaching deadline causes a degree of nervousness. City Manager McNees stated that the Administration is also nervous; that City Staff has been telling the SHA detail of the specific expectations is required; that the SHA indicated the details will be seen beginning November 19, 2003; that the anxiety is known and shared; that additional information should be provided at the November 19, 2003, joint Workshop with the SHA. Mayor Palmer stated that the Workshop is being held to obtain the detailed information; that the hope is to obtain the expectations and requirements of the City for the HOPE VI grant application; that the Sarasota Board of County Commissioners and County Staff have been requested to attend the Workshop. Commissioner Atkins stated that the hope is to obtain additional information in the Steering Committee meeting which will be held the week of November 17, 2003; that the kick-off session for the HOPE VI grant held immediately prior to the evening session of the November 17, 2003, Regular Commission meeting was an expressive demonstration of unity and community expectation and anticipation; that the number of people in attendance was encouraging; that the social services community has brought together $14 million in possible matching projects. Mayor Palmer stated that the SHA has a line of credit of approximately $5 million from the banks, which is greatly appreciated; that the joint meeting with the SHA is at 3:00 p.m., November 19, 2003, at McCown Towers. BOOK 55 Page 26529 11/17/03 2:30 P.M. COMMISSIONER ATKINS: A. stated that an update concerning the Fredd Atkins Park would be appreciated. City Manager McNees stated that an update concerning the Fredd Atkins Park should be on the Agenda of the December 1, 2003, Regular Commission meeting; that the details of the apportionment of the funds have been completed; that generally speaking, the allocation of the funds for design, construction, and land acquisition will be presented. Commissioner Atkins asked if discussions are being held with the party or parties from whom the land will likely be acquired? City Manager McNees stated yes; that an update is not available at this time. COMMISSIONER BILYEU: A. asked if all the Commissioners will be in attendance at the November 18, 2003, Community Forum? Mayor Palmer stated that the anticipation is all Commissioners who are available will be in attendance; that the Community Forum is being held at the Municipal Auditorium from 5:30 to 7:30 p.m. 29. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 10:13 through 10:15 DEPUTY CITY AUDITOR AND CLERK MCGOWAN: A. distributed a schedule for certain upcoming public hearings to be held as follows at 6:00 p.m.: November 19, 2003 Cultural District Master Plan December 17, 2003 Sarasota County Area Transit (SCAT) transfer facility January 5, 2004 Mote Marine Mammal Center Expansion January 20, 2004 Gifts from God Mayor Palmer stated that making decisions concerning lengthy public hearings is difficult and thanked the Office of the City Auditor and Clerk for scheduling public hearings which will be lengthy for different meetings. BOOK 55 Page 26530 11/17/03 2:30 P.M. Deputy City Auditor and Clerk McGowan stated that every effort is made to schedule public hearings to avoid lengthy Commission meetings. 30. ADJOURN (AGENDA ITEM XII) CD 10:15 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of November 17, 2003, at 10:15 p.m. 0 ANN R. PALMÉR, MAYOR ATTESTG Tw Ra 1 0e7 BILLY E.CROBINSON, CITY AUDITOR AND CLERK