MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 17, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:33 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGE TO THE ORDERS OF THE DAY - APPROVED CD 2:33 through 2:34 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove Quasi-Judicial Public Hearing, Item No. XIV-B-5 Public Hearing Re: proposed Ordinance No. 04-4550, providing for the designation of the structures located at 2318 Hickory Street, historically known as the Bacon Bungalow and Cottage, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota, per the request of the applicant, Lisa French. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:34 through 2:37 The following people came before the Commission: Carolyn Mason, 1495 18th Street (34234), stated that commenting regarding the implementation of the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) is BOOK 56 Page 27838 05/17/04 2:30 P.M. BOOK 56 Page 27839 05/17/04 2:30 P.M. the desire; that the Commission is encouraged to include funds in the fiscal year (FY) 2004/05 budget to begin implementation of the Newtown Plan; that the Commission is urged not to allow the Newtown Plan to become a dust collector as other plans for Newtown have become in the past; that additionally, issuing bonds, as contemplated for the new police station, would be an excellent method to implement the Newtown Plan. John Folton, P.O. Box 48478 (34230), stated that discussions of evaluating the legal services provided by the City Attorney's Office have occurred previously; that discussions regarding internal counsel versus external counsel occurred; that reducing legal fees was discussed; that a question is whether during the past 10 to 20 years the City Attorney's Office has been serving the City most effectively; that another law firm may perform more effectively for the City- 3. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF May 3, 2004, AND THE SPECIAL CITY COMMISSION MEETING OF MAY 5, 2004, - APPROVED AS REVISED (AGENDA ITEM II-1 and -2) CD 2:37 through 2:38 Mayor Martin asked if the Commission had any changes to the minutes? Vice Mayor Servian stated that the minutes of the May 3, 2004, Regular Commission meeting include a comment at the end of Agenda Item XVII-4 indicating she was not in attendance due to visiting Treviso, Italy, as part of the Sarasota Sister Cities Association Program; that the request is to include the comment at the beginning of the minutes of the May 3, 2004, Regular Commission meeting; that the request is also to include the indication she was not in attendance at the May 5, 2004, Special Commission meeting for the same reason. Mayor Martin stated that the intent was to make the comment at the beginning of the May 3, 2004, Regular Commission meeting; that moving the comment to the beginning of the minutes of the May 3, 2004, Regular Commission meeting is appropriate; that including the indication is also appropriate for the May 5, 2004, Special Commission meeting. Mayor Martin stated that hearing no other changes, the minutes of the Regular City Commission Meeting of May 3, 2004, and the Special City Commission Meeting of May 5, 2004, are approved as revised as indicated by unanimous consent. 4. BOARD ACTIONS: REPORT RE : PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF APRIL 14, 2004 = RECEIVED REPORT (AGENDA ITEM III) CD 2:38 through 2:40 Robert Lindsay, Chair of the Planning Board/Local Planning Agency, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mr. Lindsay presented the following item from the April 14, 2004, meeting. of the PBLP: Cultural District Master Plan Mr. Lindsay continued that the PBLP reviewed the proposed Cultural District Master Plan; that comments regarding the proposed Cultural District Master Plan were forwarded to the Commission and will be incorporated into a matrix being produced by Staff; that the matrix will include comments from the PBLP, Staff, the CRA Advisory Board, and the public meetings. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to receive the report of the April 24, 2004, Planning Board/Local Planning Agency (PBLP) Regular meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Commissioner Palmer stated that the PBLP performed an excellent analysis of the proposed Cultural District Master Plan which is appreciated. The Commission recessed at 2:40 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 2:53 p.m. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 = APPROVED (AGENDA ITEM IV-A) CD 2:53 through 2:54 1. Approval Re: Set for public hearing proposed Ordinance No. 04-4551, amending Chapter 30, Article V, Division 3, of the Code of the City of Sarasota to BOOK 56 Page 27840 05/17/04 2:30 P.M. BOOK 56 Page 27841 05/17/04 2:30 P.M. provide that no singular newsrack shall be placed, installed, or maintained within five hundred feet of any modular newsrack, thereby increasing the minimum required distance between singular newsracks and modular newsracks by 250 feet from the current required separation of 250 feet to 500 feet. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a consulting services agreement between the City of Sarasota and Owen Ayers & Associates, (RFP #04-05E) in the amount of $183,140.19 to provide engineering consulting services for the preliminary design phase of the reconstruction of Bradenton Road, from Dr. Martin Luther King, Jr. Way to University Parkway. 3. Approval Re: Waive the City of Sarasota liens on 1445 18th Street and 1680 23rd Street, in the event the properties are transferred to the Sarasota Housing Authority or sold by the County in cooperation with the Office of Housing and Community Development for affordable housing. 4. Approval Re: Advertise the draft Fiscal Year 2004- 2005 Action Plan of the Sarasota Consortium's 2000- 2005 Consolidated Plan. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 4, inclusive. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1753) - ADOPTED; : ITEM 2 (RESOLUTION NO. 04R-1754) - ADOPTED ; ITEM 3 (RESOLUTION NO. 04R-1755) = ADOPTED; i ITEM 4 (RESOLUTION NO. . 04R-1759) - ADOPTED (AGENDA ITEM IV-B) CD 2:54 through 2:57 1. Adoption Re: Proposed Resolution No. 04R-1753, appropriating $25,000 from the unappropriated balance of the General Fund to fund the deductible costs on the Public Officials Liability Insurance for the B.R. Phillips case; etc. 2. Approval Re: Proposed Resolution No. 04R-1754, appropriating $458,469 from the unappropriated balance of the Old Penny Tax Fund (127) to fund the project closeout costs for the Upper Main Street streetscape improvements; etc. 3. Approval Re: Proposed Resolution No. 04R-1755, appropriating $25,000 from the unappropriated balance of the General Fund to fund the deductible reimbursement costs on the Public Officials Liability Insurance for the Vanderhoof case; etc. 4. Adoption Re: Proposed Resolution No. 04R-1759, amending the City's formal Rules of Procedure for City Commission meetings, adopted by Resolution No. 96R-936 and amended by Resolution Nos. 97R-959, 97R-1010, 99R- 1191, 02R-1471, 02R-1496, 03R-1555, 03R-1658 and 04R- 1723, to add under Rule X, Rules of Debate, a provision for continuation of a Non Quasi-Judicial matter in the event of a tie vote; as indicated in Exhibit A; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 04R-1753, 04R-1754, and 04R-1755, in their entirety and proposed Resolution No. 04R-1759 by title only. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 7. BOARD APPOINTMENTS RE: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE - CONTINUED TO THE JUNE 7, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM V-1) CD 2:57 through 3:04 Mayor Martin stated that the Community Development Advisory Committee (Committee) is a key committee as prioritizing the expenditure of State and Federal funds for unmet housing needs for five years, as established by the 2000-2005 Consolidated Plan, is performed by the Committee; that significant funds are involved; that the allocation of the funds is important; that the Commission has given significant consideration to affordable housing and other housing initiatives; that discussions regarding allocation of Community Development Block Grant (CDBG) funds have occurred; that the Commission should consider continuing advertising to recruit individuals for the Committee who understand the City's and the Commission's goals as well as BOOK 56 Page 27842 05/17/04 2:30 P.M. BOOK 56 Page 27843 05/17/04 2:30 P.M. affordable housing issues; that the current applicants are respected; however, additional thoughtful consideration should occur for such an important committee; that the understanding is the Committee has not met for four or five months; that significant turnover has occurred; that the deadline of the 2000-2005 Consolidated Plan is unknown; that Donald Hadsell, Director, Housing and Community Development, previously ran the advertisement for the appointments rather than City Auditor and Clerk Robinson which may not have provided the fullest exposure possible; and requested Commission support of continuing to advertise and recruit applicants for the Committee. Vice Mayor Servian agreed and stated that taking the time to re-advertise makes sense due to the seriousness of the Committee and the significant State and Federal funds expended; that the Commissioners should participate in recruiting individuals in the community. Commissioner Bilyeu agreed and stated that the Committee is important; however, attendance at Committee meetings was poori that absence ranged from 50 to 70 percent; that members who do not attend meetings should be removed and replaced with people who desire to perform effectively. Mr. Hadsell came before the Commission and stated that the intent is to complete the 2000-2005 Consolidated Plan by January 2005; that the desire is the Commission appoint new members as quickly as possible. Commissioner Palmer asked the time required to re-advertise for applicants? City Auditor and Clerk Robinson stated that an advertisement can be placed by May 21, 2004. Commissioner Palmer stated that the suggestion is to place the appointments on the Agenda of the June 7, 2004, Regular Commission meeting. City Auditor and Clerk Robinson stated that the advertising has not been successful in recruiting applicants; that the suggestion is for the Commissioners to assist in recruiting applicants. Mayor Martin stated that a building contractor currently involved in affordable housing would be a good member for the Committee; that members of the CRA Advisory Board may be interested in serving on the Committee. Mr. Hadsell stated that the members with poor attendance did not re-apply to serve on the Committee. City Auditor and Clerk Robinson stated that the three City vacancies on the Committee are: Two citizens at large One citizen representing a low-income neighborhood Mayor Martin stated that the Commission's consensus is to place the Community Development Advisory Committee appointments on the Agenda of the June 7, 2004, Regular Commission meeting. 8. BOARD APPOINTMENTS RE: GENERAL EMPLOYEES PENSION FUND BOARD OF TRUSTEES = APPOINTED SUSAN KOSKO (AGENDA ITEM V-2) CD 3:04 through 3:06 City Auditor and Clerk Robinson stated that the General Employees Pension F'und Board of Trustees is comprised of seven members; that he and Gibson Mitchell are members as provided by City ordinance; that four members are elected by the General Employees Pension Fund Board of Trustees; that Michael Taylor and Gary Laubacker represent City Hall employees; that Douglas Taylor represents Public Works employees; that Cheri Potts represents Sarasota Police Department employees; that one member is a citizen at large who must be a citizen of the City; that the vacancy is a result of the resignation of Kenneth Bailey; that an individual with a strong financial background is desired which required significant time to select an applicant. Commissioner Palmer nominated Susan Kosko. Hearing no other nominations, Mayor Martin called for a vote on the nominations. Susan Kosko received five votes: Atkins, Bilyeu, Palmer, Servian, and Martin. Mayor Martin announced the appointment of Susan Kosko to the General Employees Pension Fund Board of Trustees. BOOK 56 Page 27844 05/17/04 2:30 P.M. BOOK 56 Page 27845 05/17/04 2:30 P.M. 9. BOARD APPOINTMENTS RE : HUMAN RELATIONS BOARD - APPOINTED MANUEL CHEPOTE (AGENDA ITEM V-3) CD 3:06 through 3:10 City Auditor and Clerk Robinson stated that the vacancy is a result of the resignation of Reverend James Merritt who relocated to Orlando, Florida; that the seat vacant on the Human Relations Board has no seat requirements. Vice Mayor Servian nominated Joel May. Commissioner Palmer nominated Manuel Chepote. Commissioner Atkins nominated Joan Donnelly. Vice Mayor Servian stated that Mr. May is personally known; that Mr. May is interested in human relations and interested in and willing to work hard on the Human Relations Board; that Mr. Chepote is also personally known and is the current President of the St. Armands Residents Association; that Mr. Chepote was recently selected to serve on the Latin Chamber of Commerce and, therefore, may be somewhat overwhelmed. Commissioner Palmer stated that the personal belief is Mr. Chepote would not have applied for the position if serving would be overwhelming; that Mr. Chepote served on the committee which developed the City's human relations ordinance; that Mr. Chepote represents the Hispanic community; that Hispanic representation on the Human Relations Board is important; that all three candidates are qualified; that support for Mr. Chepote is requested. Vice Mayor Servian stated that a discussion with Mr. Chepote occurred regarding another item; however, the appointment to the Human Relations Board was not discussed; that if Mr. Chepote has assured Commissioner Palmer of a comfort level with serving, Mr. May's nomination is withdrawn; that the nomination of Mr. Chepote is supported. Commissioner Atkins stated that Ms. Donnelly is an attorney and is relatively active in the City; that Ms. Donnelly is well qualified to serve on the Human Relations Board; that Ms. Donnelly has worked diligently for the advancement of human rights as a member of the National Board of Directors of the National Association for the Advancement of Colored People. Mayor Martin stated that Ms. Donnelly has applied for a position on the Human Relations Board in the past. Hearing no other nominations, Mayor Martin called for the vote on the nominations. Manuel Chepote received three votes: Bilyeu, Palmer, and Servian. Mayor Martin announced the appointment of Manuel Chepote to the Human Relations Board. 10. BOARD APPOINTMENTS RE : NUISANCE ABATEMENT BOARD APPOINTED ALEXANDER BOUDREAU AND MATTHEW WOODDALL (AGENDA ITEM V-3) CD 3:10 through 3:11 City Auditor and Clerk Robinson stated that two vacancies on the Nuisance Abatement Board exist due to the resignations of Edwin Robinson and Carolyn Mason; that the seat vacancies on the Nuisance Abatement Board have no seat requirements. Commissioner Bilyeu nominated Alexander Boudreau and Matthew Wooddall. Hearing no other nominations, Mayor Martin called for the vote on the nominations. Alexander Boudreau received five votes: Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Matthew Woodall received five votes: Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Mayor Martin announced the appointment of Alexander Boudreau and Matthew Woodall to the Nuisance Abatement Board. 11. UNFINISHED BUSINESS: PRESENTATION RE: : THE CONFERENCE CENTER FEASIBILITY ANALYSIS PREPARED BY CONVENTIONS, SPORTS AND LEISURE INTERNATIONAL (AGENDA ITEM VI-1) CD 3:11 through 3:42 Mayor Martin stated that a presentation regarding the Conference Center Feasibility Analysis (Feasibility Analysis) prepared by Conventions, Sports and Leisure International, will be provided. BOOK 56 Page 27846 05/17/04 2:30 P.M. BOOK 56 Page 27847 05/17/04 2:30 P.M. Bill Brown, Manager, Sarasota County Business Assistance Center, and John Katz, Principal, Conventions, Sports and Leisure International, came before the Commission. Mr. Brown stated that the presentation is a beginning of discussion for a project, which is essential in Sarasota County; and thanked the Commission for hearing the presentation. Mr. Katz referred to charts displayed on the Chamber monitors throughout the presentation and stated that the Feasibility Analysis is a result of an objective to understand the market demand for conference facilities in Sarasota; that the fundamental question is will a conference center be used if constructed; that 265 conventions planners were consulted; that the competition and industry trends have been observed; that a conference center will result in new business rather than shifting business around; that the Ritz-Carlton Hotel and the Hyatt of Sarasota Hotel have the largest meeting facilities in the area; that the Ritz-Carlton Hotel contains approximately 12,000 square feet of ballroom space which is the largest contiguous space in Sarasota. Vice Mayor Servian stated that the Radisson Lido Beach Resort is not included in the Feasibility Analysis but contains significant meeting space. Mr. Katz stated that is correct; however, the space is less than 10,000 square feet of contiguous space; that the Sarasota- Bradenton International Convention Center is a private sector operation for consumer, public, home, home and garden, and boat shows which does not attract out of town visitors; that Sarasota is a unique market; that the Municipal Auditorium has a future as an event destination but is not appropriate for a conference center. Mr. Katz continued that 98 percent of the 175 event planners interviewed have not visited Sarasota to evaluate an event facility in the past; that Sarasota does not have a facility large enough for conferences in Sarasota; that approximately 41 percent of the planners would consider Sarasota as an event destination; that 38 percent of the market indicated a preference for a self-contained hotel environment and the facilities in Sarasota are too small to attract events; that a conference center must be developed in an area with existing hotels to create a conterence center campus. Mayor Martin asked the typical size of a group attending a conference? Mr. Katz stated that 500 to 1,000 attendees is typical; that 2,000 attendees and 1,000 hotel rooms is the objective; that a building program has been developed in response to Sarasota's hotel inventory; that an exhibit hall of 30,000 to 50,000 square feet can be served by the existing hotel base; that beach access is an added attraction; that 40 percent of convention attendees in Sarasota will bring a spouse or friend and 20 percent will extend the stay which is higher than normal; that a vacation atmosphere is created in conjunction with events; that the convention center can be used for local events out of season such as graduations, black-tie events, etc.; that potential construction costs are $28 million to $35 million for a 140,000 square foot facility and $40 million to $50 million for a 200,000 square foot convention center; that additional fees beyond construction costs such as permitting, design, engineering, etc., can total approximately 30 percent of construction costs resulting in project costs between $36.4 million and $45.5 million for a 140,000 square foot building and $52 million to $65 million for a 200,000 square foot facility. Mr. Katz continued that a convention center will create an economic impact; that convention delegates spend significant money in restaurants and the retail market; that building a convention center dovetails with Sarasota's economic development plans including plans to develop life sciences industries, specialty manufacturing, and financial services; that approximately $27.5 million annually will be expended as a result of the growth; that the $27.5 million translates into approximately $44.5 million total output in earnings and employment. Mr. Katz further stated that possible sites for a convention center are: 1. The Sarasota-Bradenton International Airport 2. The Cultural District 3. The Sarasota Quay Mr. Katz stated further that the Cultural District is an excellent location; that a convention center must be built as close to the Hyatt of Sarasota Hotel as possible to create a pedestrian linkage; that a full service hotel must be built also BOOK 56 Page 27848 05/17/04 2:30 P.M. BOOK 56 Page 27849 05/17/04 2:30 P.M. if a convention center is built elsewhere; that the Sarasota Quay site creates an opportunity for a public-private partnership project; that partnerships with the private sector can assist in defraying development costs; that the participation can be: Joint mixed use/center development; Naming rights; Sponsorships; Upfront service provider fees and facility component build-outs; Exclusive facility use agreements; and Private donations of capital and/or land. Mr. Katz Eurther stated that hotel and motel tax revenue is a frequently used source for the construction of convention centers; that the Tourist Development Tax can be increased to two percent; that each one percent is $2 million annually funding $29 million of the project; that the first one percent can go toward the conference center facility and the second one percent can go toward sports facilities; that the Charter County Convention Development Tax provides an opportunity to increase hotel tax by three percent; that an authority must be created to govern the use of the tax; that two-thirds of the proceeds must be used to improve or expand the largest existing public convention center in the county; that a convention center can be funded through the visitor industry in partnership with the private sector. Commissioner Palmer stated that the funding mechanisms of State taxes are confusing; that one State funding mechanism indicates two-thirds of one percent must be used to expand or improve the largest existing public convention center in the County; that the only public convention building is the Municipal Auditorium; that to use two-thirds of one percent to renovate the Municipal Auditorium is nonsense. Mr. Katz stated that the use of the entire two-thirds is not required; that beginning to spend money to renovate the existing facility is required; that funds left over subsequent to the renovation can be allocated to a new project; that a coat of paint on the Municipal Auditorium constitutes renovation. Mr. Brown stated that the interpretation of the State Statutes regarding use of tax revenue is a challenge; that the intent is to provide as accurate an interpretation as possible. Commissioner Bilyeu stated that receiving funding for a convention center from the people who will use the center is good; and asked if a convention center can create an adverse effect? Mr. Katz stated that the adverse effects were not analyzed; that the number of new people arriving and the length of the stay are quantified. Commissioner Bilyeu asked if discussion occurred with the Association for Research in Vision and Ophthalmology (ARVO) which previously held conventions in Sarasota and if ARVO would once again hold conventions in Sarasota? Mr. Katz stated that no discussion occurred with ARVO; that ARVO's returning is unlikely. Commissioner Bilyeu asked if any convention centers operate at a profit? Mr. Katz stated that no convention centers which cover the debt service from operation revenues are known; that many rely on parking service or in-house food and beverage service revenuesi that no significant profit is generated. Commissioner Bilyeu stated that the Van Wezel Performing Arts Hall (VWPAH) operates at a profit due to good management. Commissioner Atkins stated that the Feasibility Analysis indicates difficulty exists in flying into the Sarasota-Bradenton International Airport; and asked if any airports have participated in the development of convention centers? Mr. Katz stated that the operator and operations of an airport are integral in attracting conventions; that the airport authority can participate in marketing to convention and conference planners; that the link between attracting 1,000 visitors and the airport is significant. Commissioner Atkins asked if a history exists of airports contributing funds to marketing and the manner in which to convince the Sarasota-Bradenton International Airport to participate? BOOK 56 Page 27850 05/17/04 2:30 P.M. BOOK 56 Page 27851 05/17/04 2:30 P.M. Mr. Katz stated that having an airport operator as a member of a convention bureau is not uncommon; that the Seattle, Washington, and San Diego, California, port authorities have funded convention centers; that an airport funding a convention center has not been observed. Vice Mayor Servian asked if any large hotel convention center operators were interviewed regarding an interest in relocating to the Sarasota market? Mr. Katz stated that interest in the Sarasota market exists; that significant financing discussion is required; that a hotel operator can participate in building a convention center and operate the entire complex, which results in a loss of control; that interest exists with the private sector. Commissioner Bilyeu asked if the Sarasota market is underserved? Mr. Katz stated yes; that events would be conducted in Sarasota if a project were built in conjunction with the available hotel inventory; that the question is if the cost of the project is worth the benefit. Mayor Martin stated that the requirements of public land, public funds, and ongoing operating subsidies must be understood; that competition or synergy with the Ritz-Carlton Hotel and the Hyatt of Sarasota Hotel will be interesting to address; that the understanding is Mr. Brown will review funding and present a clear explanation to the Commission. Mr. Brown stated that is correct. Commissioner Palmer stated that a potential convention center is a collaborative effort between the City and County; that all municipalities in the County will be impacted by a convention center. 12. UNFINISHED BUSINESS: APPROVAL RE: LEASE AMENDMENT WITH MARINEMAX, INC. TO INCREASE THE NUMBER OF SEATS PERMITTED IN THE RESTAURANT ON THE LEASED PREMISES FROM 149 TO 151 - APPROVED (AGENDA ITEM VI-2) CD 3:42 through 3:47 Mayor Martin stated that approval of the Lease Amendment with MarineMax, Inc., (MarineMax) to increase the number of seats permitted in the restaurant on the leased premises from 149 to 151 is being requested; that Vice Mayor Servian requested the item be placed on the Agenda. Vice Mayor Servian stated that the item was placed on the Agenda as the request failed due to a tie vote at the May 3, 2004, Regular Commission meeting; that the reason the item was not postponed was due to a parliamentary procedure; that the request has been discussed with neighborhood associations in the area of the restaurant; that residents have indicated support of the request; that no negative traffic impact will occur; that The Old Salty Dog Restaurant, a sub-lessee of MarineMax, is paying $60,000 annually in rent and has invested approximately $500,000 in the leasehold. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to approve the Lease Amendment with MarineMax, Inc., to increase the number of seats permitted in the restaurant on the leased premises from 149 to 151. Commissioner Palmer asked if the motion is appropriate and in correct parliamentary form? City Auditor and Clerk Robinson stated yes. Mayor Martin stated that leaseholders at Ken Thompson Park have many issues; that the Commission should schedule a workshop regarding the issues; that issues of concern regard the following leaseholders: Sarasota Sailing Squadron - Pelican Man's Bird Sanctuary Clear Channel Communications radio tower - New Pass Grill and Bait Shop - The Old Salty Dog Restaurant Mote Marine Laboratory and Aquarium Mayor Martin continued that the issues should be closely reviewed; that a Ken Thompson Park Master Plan was developed and completed which is remarkable. Mayor Martin further stated that increasing the seating in The Old Salty Dog Restaurant may cause a traffic concern; that potential competition may occur with other restaurants; that a possibility is Mattison's City Grill or O'Leary's Water Sports and Grill will request a liquor license; that the contention with BOOK 56 Page 27852 05/17/04 2:30 P.M. BOOK 56 Page 27853 05/17/04 2:30 P.M. Mote Marine Laboratory and Aquarium including a restaurant on the recently proposed development was traffic will be increased; that income will also increase and, therefore, the taxpayers should receive benefit from the increased income for the cost of maintenance in the park or paying for a water taxi landing in the future; that the amendment to the Lease Agreement should have been discussed and not presented as a Consent Agenda Item. Mayor Martin called for a vote on the motion to approve the Lease Amendment with MarineMax to increase the number of seats permitted in the restaurant on the leased premises from 149 to 151. Motion carried (3 to 2): Atkins, no; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, no. 13. UNFINISHED BUSINESS: APPROVAL RE : ESTABLISHMENT OF A YOUTH ADVISORY BOARD = REFERRED THE ITEM TO THE CITY ATTORNEY'S OFFICE AND THE OFFICE OF THE CITY AUDITOR AND CLERK TO PREPARE AN ORDINANCE INCLUDING THE COMMISSIONIS COMMENTS REGARDING HOME SCHOOLED STUDENTS AND THE APPOINTMENT PROCESS TO BRING BACK TO THE COMMISSION FOR PUBLIC HEARING (AGENDA ITEM VI-3) CD 3:47 through 4:05 Justin Collins, Chairperson, Samantha Smith, Vice Chairperson; and Melissa Reese, Secretary, Committee to establish a Youth Advisory Board, came before the Commission. City Auditor and Clerk Robinson stated that the minutes of the November 3, 2003, Regular Commission meeting indicated Commissioner Atkins commented, as a substitute teacher, he was told by students few activities exist in the community for students; that then-Mayor Palmer indicated the City of Venice, Florida, has a Youth Advisory Committee; that the City challenged the Administration to determine a manner in which to involve the youth in the community; that high school students formed a committee, resulting in the current presentation. Commissioner Palmer recognized Sharon Farley, the teacher at Sarasota High School who cooperated with the formation of the Committee to establish Youth Advisory Board, present in the Chambers audience; and stated that the significant time expendèd is appreciated. Mr. Collins thanked the Commission for the opportunity to make the presentation; and stated that in January 2004 Mayor Palmer spoke to students at Sarasota High School regarding involvement of the youth in the City government and indicating the youth should take a more proactive role in City government; that the response from the students was enthusiastic. Mr. Collins referred to a document entitled Youth Advisory Board to the Sarasota City Commission, Proposal to the City Commission; and stated that the proposal is to involve the students in the City to become more active in City government by: 1) educating the students in City government, and 2) providing a new perspective to the Commission concerning the perception of the students regarding government. Commissioner Palmer stated that a broad based representation of the Youth Advisory Board's objective would be appreciated. Mayor Martin stated that a summary will be helpful for the television audience. Mr. Collins stated that the purpose of the Youth Advisory Board is to allow a voice of the students in the City to the Commission; that the voice will be in the interest of the youth perspective concerning issues affecting the City, educating the City's youth regarding city government, using the Strategic Plan for the City to define the major issues concerning which the Youth Advisory Board will advise; that the Youth Advisory Board will be comprised of 11 members; that members must attend a high school in the Cityi that the Youth Advisory Board will meet bi-monthly to discuss issues affecting youth in the City. Vice Mayor Servian asked if consideration was given to having a home-schooled person serve as a member of the Youth Advisory Board? Mr. Collins stated no. Vice Mayor Servian stated that home-schooled students are a disenfranchised group; that the Youth Advisory Board may provide an opportunity to reach out to the home-schooled for involvement. Mr. Collins stated that a liaison with home-schooled students is not known. Mayor Martin stated that the Sarasota County School Board can be contacted to provide the liaison. Mr. Collins stated that including a home-schooled student in the Youth Advisory Board is a good suggestion. BOOK 56 Page 27854 05/17/04 2:30 P.M. BOOK 56 Page 27855 05/17/04 2:30 P.M. Vice Mayor Servian stated that the Youth Advisory Board should determine if an opportunity exists to include a home-schooled student as a member of the Youth Advisory Board. Commissioner Palmer stated that five of the members of the Youth Advisory Board will be representatives of each high school in the City; however, a provision is students who attend Riverview High School but are residents of the City qualify to serve on the Youth Advisory Board; that the two requirements to serve on the Youth Advisory Board are either attendance of school in the City or being a resident in the City, which does not preclude a home-schooled student from serving on the Youth Advisory Board. Vice Mayor Servian stated that her son was home-schooled and never felt like he was part of anything in the school; that schools are beginning to reach out to home-schoolers to become involved in school activities. Mr. Collins stated that involving home-schoolers is important; that the purpose of the Youth Advisory Board is to reach out and involve young people. Mayor Martin stated that applications should be provided to the home-school liaison. Commissioner Palmer stated that Staff and Ms. Farley have performed an excellent job in establishing the Youth Advisory Board. Commissioner Bilyeu asked if the Youth Advisory Board will be a City board? Mayor Martin stated yes. Commissioner Bilyeu asked if a participant in the Students Taking Active Roles (STAR) in Sarasota County program will sit on the Youth Advisory Board? Commissioner Palmer stated that STAR participants can apply to serve on the Youth Advisory Board. Commissioner Bilyeu asked if a seat will be designated for a STAR participant? Commission Palmer stated no; that only a small number of students applied to the STAR program in the current year; that the Youth Advisory Board is in addition to the STAR program; that a participant in the STAR program was recently honored at a Rotary Awards Banquet and expressed enthusiasm about the creation of a Youth Advisory Board; that STAR participants can apply; however, a requirement will not be participation in the STAR program. Mayor Martin asked for clarification regarding training and Staff support of the Youth Advisory Board. City Auditor and Clerk Robinson stated that the proposal is support will be from the Office of the City Auditor and Clerk; that the Youth Advisory Board must be created by an ordinance; that the members must be appointed; that Staff will assist in the appointment process; that a formal initial meeting will be publicly noticed and conducted according to Florida's Government- in-the-Sunshine Law; that a suggestion is the Secretary of the Youth Advisory Board prepare meeting minutes; that Staff will provide an overview of City government. Mayor Martin asked if Staff demands of the Office of the City Auditor and Clerk are satisfactory? City Auditor and Clerk Robinson stated yes. Commissioner Bilyeu stated that a six-week parliamentary procedure class at Manatee Community College was attended at the time of his first appointment to a City advisory board; that the class was excellent. City Auditor and Clerk Robinson stated that the training provided by the Office of the City Auditor and Clerk will include parliamentary procedure. Mr. Collins stated that a formal setting for training does not exist at Sarasota High School; however, the Committee has followed basic parliamentary procedures of Roberts Rules of Order; that the Committee establishing the Youth Advisory Board is familiar with knowledge required to conduct a meeting. Commissioner Atkins stated that electronic mail (email) was received May 6, 2004, from Melissa Reese regarding the composition of the Youth Advisory Board; that the suggestion was to revise the application process to invite students to apply for the Youth Advisory Board who would not normally join but still have wonderful ideas; that providing an opportunity for groups of other BOOK 56 Page 27856 05/17/04 2:30 P.M. BOOK 56 Page 27857 05/17/04 2:30 P.M. young people who may not be included in the process is vitally important; that the Commission should be willing to help find young people to participate who may otherwise be left out; that many young talented people may not volunteer to participate; that soliciting the participation of talented youth may be necessary. Mayor Martin stated that the understanding is the recommendation is for the Commission to make appointments or to recruit others who have not applied. Commissioner Atkins stated that the Commission should review the applicants to have an opportunity to determine adequate representation of the students in the City; however, the ability of the Commission to appoint a student who may represent a better cross section of the community is important. Commissioner Palmer stated that a suggestion was to have all the applications go through the process suggested by the students; that the students would recommend six members to the Commission; that each Commissioner would appoint one individual as is the procedure for the Citizen Oversight Committee for the Local Options Sales Tax (L.0.S.T.) extension, also called the penny sales tax; that the normal process for appointments would be followed. Commissioner Atkins agreed. Mayor Martin stated that the Commissioners will attempt to identify students who would be valuable and encourage them to applyi that in addition to an annual report, scheduling an annual workshop with the Commission would be important to discuss ideas and goals. City Auditor and Clerk Robinson stated that a workshop will be scheduled subsequent to appointment of the Youth Advisory Board. Mayor Martin stated that the Commission's consensus is to conduct an annual workshop with the Youth Advisory Board and asked if the provision for including home-schooled students on the Youth Advisory Board is understood? Mr. Collins stated yes; that the applications will be distributed to certain officials and the home school liaison. Vice Mayor Servian stated that language in the Youth Advisory Board proposal can be changed to indicate an applicant must be a high school student rather than attending high school. City Auditor and Clerk Robinson stated that an ordinance can indicate the applicant must be a high school student. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to refer the item to the City Attorney's Office and the Office of the City Auditor and Clerk to prepare an ordinance including the Commission's comments regarding home schooled students and the appointment process to bring back to the Commission for public hearing. Commissioner Bilyeu stated that the Youth Advisory Board is being formed as the younger people in the community have not been heard; that a discussion of the Juvenile Justice Council of the Department of Juvenile Justice indicated the middle school students do not have enough activities; that Kindergarten and above students should be considered; that working with the Youth Advisory Board is pleasantly anticipated; that the initiative of the students to form the Youth Advisory Board is appreciated. Mr. Collins stated that the Commission's support is appreciated. Mayor Martin called for a vote on the motion to refer the item to the City Attorney's Office and the Office of the City Auditor and Clerk to prepare an ordinance including the Commission's comments regarding home schooled students and the appointment process to bring back to the Commission for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: : SUBMISSION OF REVISION 3 OF THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) TO THE FLORIDA HOUSING FINANCE CORPORATION AND THE REVISED OWNER- OCCUPIED HOUSING REHABILITATION LOAN PROGRAM GUIDELINES - APPROVED : 1) THE SUBMISSION OF REVISION 3 OF THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) TO THE FLORIDA HOUSING FINANCE CORPORATION ; AND 2) THE REVISED OWNER-OCCUPIED HOUSING REHABILITATION LOAN PROGRAM GUIDELINES (AGENDA ITEM VI-4) CD 4:05 through 4:18 Mayor Martin stated that the item is for approval of the submission of Revision 3 of the Local Housing Assistance Plan BOOK 56 Page 27858 05/17/04 2:30 P.M. BOOK 56 Page 27859 05/17/04 2:30 P.M. (LHAP) to the Florida Housing Finance Corporation and the revised Owner-Occupied Housing Rehabilitation Loan Program Guidelines. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the County established a work group consisting of builders, lenders, developers, staff of the Office of Housing and Community Development, and two City Staff Members to review workforce housing; that policies to increase the supply of workforce housing throughout the County were reviewed; that maintaining the existing stock of workforce housing is important; that saving a house compares with building a new house; that five recommendations regarding the rehabilitation program are to: 1. Increase the maximum allowable loan from $40,000 to $50,000; 2. Allow properties with emergency conditions to receive assistance without having to meet local housing code standards; 3. Provide for 10-year forgiveness of rehabilitation costs to repair roofing, electrical, plumbing, and heat and air conditioning systems with a maximum forgiveness of $8,500 at the rate of $850 annually; 4. Merge the existing Barrier Free program, which is a five-year forgivable loan of $10,000, into the Owner- Occupied Program with no change in benefits or requirements; and 5. Eliminate the requirement applicants must maintain property insurance. Mr. Hadsell continued that eliminating the property insurance requirement generated significant discussion by the work group; that two issues are: 1) the large number of honest individuals who apply for the rehabilitation program but withdraw from the program as homeowner's insurance is unaffordable, and 2) the enforcement provision of maintaining homeowner's insurance; that commercial lenders procure insurance and add the cost to the loan if the borrower does not insure the property; that insurance is not an eligible cost of the State's grant program; therefore, the City has no ability to place insurance; that the only enforcement vehicle available is to foreclose on the house; that the belief is the Commission would not desire to exercise foreclosure if insurance is unaffordable; that the current rules which include the foreclosure of properties must either be enforced or the insurance requirement eliminated. Vice Mayor Servian asked if a mechanism exists for an individual to apply for funding for homeowner's insurance? Mr. Hadsell stated that the first year's premium can be purchased at the time the loan is made and the cost included in the loan; that the insurance is not an eligible grant expense for years two through the limit of the loan. Vice Mayor Servian stated that a concern is encouraging people not to have insurance; that a provision of homeowner's insurance assists in defraying costs of the fire department's response to calls; that some insurance companies reimburse the fire department for the cost of a certain amount of service. Mr. Hadsell stated that many individuals involved in the LHAP program cannot afford insurance. Vice Mayor Servian stated that foreclosure is not supported. Commissioner Atkins asked the number of uninsured LHAP homes? Mr. Hadsell stated that approximately 75 homes are uninsured. Commissioner Atkins asked the number of LHAP homes? Mr. Hadsell stated that the number of LHAP homes is approximately 2,000; that the majority of the 2,000 homes involve the Down Payment Assistance Program and are privately financed; that the lender assures the homes are insured; that approximately 75 homes are uninsured which requires either enforcement or eliminating the insurance requirement. Commissioner Bilyeu asked if the owners of the 75 homes have loans? Mr. Hadsell stated that the loans are 0 percent loans which are paid at the time a person sells or no longer occupies the property. Commissioner Bilyeu asked if the City has liens on the properties? Mr. Hadsell stated yes. Commissioner Bilyeu stated that the City is protected if uninsured property is damaged. BOOK 56 Page 27860 05/17/04 2:30 P.M. BOOK 56 Page 27861 05/17/04 2:30 P.M. Mr. Hadsell stated that the City can give the funds away with no ability for recapture; that the objective is to recapture as much money as possible to re-use the funds; that no fires have destroyed any house financed by grant funds in the past 14 years; that the recommendation is to consider allowing the houses to remain uninsured as an acceptable risk; that providing insurance may provide as much recapturing as possible in the event of a loss; that the City is not a business but attempts to act as business-like as possible. Commissioner Atkins stated that the City takes risks with Community Development Block Grant (CDBG) funds for low and lower income people; that the hope is no problems will occur with the uninsured houses; nowever, the City can absorb potential losses. Mayor Martin stated that the City can absorb losses; however, the person without a house cannot absorb the loss. Commissioner Atkins stated that the alternative is to foreclose. Vice Mayor Servian stated that the 75 people who can least afford to purchase the insurance are also the same people who would be on the street with nothing if a total loss is suffered; that insurance coverage would be a safety net; and asked if an opportunity exists to work with a company to place insurance at a low cost to cover a minimal amount and if the City has ever worked with local insurance carriers to allow the City to use grant funds to purchase insurance? Mr. Hadsell stated that grant funds cannot be used for insurance beyond the first year; that the City's General Fund can be used to purchase insurance; that the City has a self-insurance pool; that the self-insurance pool on the number of rehabilitation units is small; that a tragedy could occur; however, not granting rehabilitation funds could cause a tragedy due to structural problems; that the people would still be homeless if struck with a disaster without financial assistance from the City. Commissioner Palmer asked the manner in which to ensure the people who can afford insurance will purchase insurance? Mr. Hadsell stated that a commercial lender will force insurance if a first mortgage exists; that only people who no longer have a first mortgage would be affected; that the insurance requirement will be waived if a person cannot afford homeowner's insurance. Mayor Martin asked if liability regarding compliance with the various code requirements involving the use of funds for emergency repair of roof, plumbing, electrical, and heating and air conditioning system will be created? Mr. Hadsell stated that the various code requirements will not be ignored; that the repair can be performed immediately; that subsequently, application can be made for assistance through the Owner-Occupied Rehabilitation Program which is a longer process. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to: 1) approve the submission of Revision 3 of the Local Housing Assistance Plan to the Florida Housing Finance Corporation; and 2) approve the revised Owner- Occupied Housing Rehabilitation Loan Program Guidelines. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: : NEGOTIATION OF UPDATED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), SARASOTA COUNTY AND ADDENDUM TO THE DESIGN CONTRACT WITH GEORGE F. YOUNG, INC., TO PROCEED WITH THE REVISED DESIGN AND PERMIT MODIFICATIONS FOR THE SIESTA DRIVE DRAINAGE PROJECT AND TO SEEK GRANT FUNDING ON THE PART OF THE CITY TO FUND THE ADDITIONAL COSTS OF THE PROJECT. - ACCEPTED THE REPORT; AND APPROVED TO: 1) NEGOTIATE THE UPDATED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SARASOTA COUNTY AS WELL AS THE ADDENDUM TO THE DESIGN CONTRACT WITH GEORGE F. YOUNG, INC, TO PROCEED WITH THE REVISED DESIGN AND PERMIT MODIFICATIONS AND 2) SEEK GRANT FUNDING ON THE PART OF THE ADDITIONAL COSTS OF THE PROJECT (AGENDA ITEM VI-5) CD 4:18 through 4:25 Mayor Martin stated that the next item is for approval to negotiate an updated agreement with the Florida Department of Transportation (FDOT) and Sarasota County as well as an addendum to the design contract with George F. Young, Inc., to proceed with the revised design and permit modifications for the Siesta Drive Drainage Project and to seek grant funding on the part of the City to fund the additional costs of the project. BOOK 56 Page 27862 05/17/04 2:30 P.M. BOOK 56 Page 27863 05/17/04 2:30 P.M. Richard Winters, Manager of Engineering Projects, Engineering Department, and Betty Frostad, representing the Bay Island Association, came before the Commission. Mr. Winters stated that Ms. Frostad is also the Chair of the Task Force created in December 2003 by the Commission to consider objections to the Siesta Drive Drainage Project as originally designed. Mr. Ninters continued that the original design called for swales on each side of Siesta Drive; that property owners adjacent to the project expressed concerns regarding safety due to the swales; that a sidewalk along privacy walls created a line of sight problem for people exiting driveways; that associated safety concerns regarding the bridge over Hanson Bayou were lines of sight. Mr. Winters further stated that the Task Force set a goal of three months for accomplishing an acceptable design concept for the project at the first meeting of January 15, 2004; that the south side of Siesta Drive will be piped using lateral pipes under the road to pick up inlets along the north side with an outfall through the pond at the eastern end; that an outfall exists at Hanson Bayou; that the use of swales in the original design was to meet the water quality requirements of the Southwest Florida Water Management District (SWFWMD) and minimize utility conflicts with numerous utilities located in the right-of-way; that SWFWMD provided recommendations regarding an exfiltration system which meets SWFWMD water quality requirements; that FDOT participated in meetings and provided recommendations which may save money. Mr. Winters stated further that Staff requests moving forward and renegotiating with FDOT to use existing funding in the amount of $370,000 to redesign and re-permit the project and seek grants for additional funds; that approximately $500,000 in additional funds will be required. Mayor Martin asked if discussions regarding redirecting funds occurred with FDOT? Mr. Winters stated no; that FDOT is aware of the intent; that an FDOT representative attended meetings of the Task Force. Vice Mayor Servian thanked Staff and the Task Force for working together on the project; that the project was a contentious issue four months ago; that a better project has been created for the community; that everyone involved is commended for the efforts. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to: 1) accept the report; 2) approve negotiation of an updated agreement with the Florida Department of Transportation and Sarasota County as well as an addendum to the design contract with George F. Young, Inc., to proceed with the revised design and permit modifications; and 3) seek grant funding on the part of the additional costs of the project. Commissioner Palmer stated that a previous discussion addressed difficulty in obtaining funding from the State, the County, or the City, and the possibility of participation of the neighborhood, particularly regarding to some of the landscaping improvements which will have a direct impact on the properties along Siesta Drive. Ms. Frostad stated that the landscaping is not currently being addressed; that homeowners who live on Siesta Drive in the project area have already landscaped the property; that asking the Task Force members to fund landscaping is difficult as the Task Force members are part of the community who pay taxes. Commissioner Palmer stated that funding landscaping is not being discussed; however, participation may be necessary in the future if funds are not available from grants or other sources. Ms. Frostad stated that the members of the Task Force will be so advised. Mayor Martin called for a vote on the motion to: 1) accept the report; 2) approve negotiation of an updated agreement with the Florida Department of Transportation and Sarasota County as well as an addendum to the design contract with George F. Young, Inc., to proceed with the revised design and permit modifications; and 3) seek grant funding on the part of the additional costs of the project. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yesi Martin, yes. 16. UNFINISHED BUSINESS : APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR BOOK 56 Page 27864 05/17/04 2:30 P.M. BOOK 56 Page 27865 05/17/04 2:30 P.M. SIGNING/PAVEMENT MARKINGS ALONG US-41 (BAYFRONT DRIVE) APPROVED AND AUTHORIZED THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE LOCAL AGENCY PROGRAM AGREEMENT (AGENDA ITEM VI-6) CD 4:25 through 4:28 Mayor Martin stated that the item is to approve the Local Agency Program (LAP) Agreement between the City of Sarasota and the Florida Department of Transportation (FDOT) for igning/Pavement markings along US 41 at Bayfront Drive. Osama Freija, Manager of Traffic Engineering, came before the Commission and stated that the project parameters are between Gulf Stream Avenue to the north and Orange Avenue to the south along Bayfront Drive; that flashing beacons exist along the area but the beacons are not currently in operation; that FDOT was contacted to place the beacons back into operation; that FDOT indicated the City must fund returning the beacons to operational status as provided by the existing Traffic Signal Maintenance and Compensation Agreement with FDOT; that FDOT will fund the re-wiring and the City will perform the work; that the FDOT is willing to enter into an agreement with the City to fund the installation of new electrical flashing curve warning signs and associated hardware on US 41 at Bayfront Drive between Orange Avenue and Gulf Stream Avenue under the following conditions: 1. The City is willing to enter into and perform the installation under a Local Agency Program (LAP) agreement. 2. The maximum amount of FDOT commitment will be $25,000 of Safety funds. Mr. Freija stated that the City must agree to assume any cost over $25,000; that the entire cost of the project should be covered by the $25,000 commitment as the estimate supplied to FDOT was less than $25,000; that only the actual cost up to the commitment will be reimbursed; that FDOT will only fund the lesser amount if the installation cost is less; that additional conditions are: 3. The City must agree to maintain the installation under the existing Traffic Signal Maintenance and Compensation Agreement or other as appropriate. 4. Curve signs with advisory speed plaques will be located in the median and on the right shoulder for each direction. Mr. Freija stated that all signs will have a flashing light on the top; that the signs should be placed between 50 feet to 550 feet in advance of the curve and should have a clear sight line for a minimum of 500 feet in advance of the signs not obstructed by any landscape. Mr. Freija continued that a 30 mile per hour speed limit warning will be painted on the asphalt. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to: 1) approve the Local Agency Program (LAP) Agreementi and 2) authorize City Auditor and Clerk to execute the Local Agency Program Agreement. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Servian, yesi Martin, yes. 17. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 4:28 There was no one signed up to speak. 18. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) CD 4:28 There were no Commission Board or Committee reports. 19. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) CD 4:28 through 4:45 Mayor Martin stated that two issues should be brought to the Commission during the current meeting due to the immediacy; that an additional 10 to 15 minutes will be required; and asked the wishes of the Commission? Commissioner Palmer stated that the issues should be addressed at this time if vitally important. Vice Mayor Servian stated that the meeting should be extended to hear the remarks of the Mayor. BOOK 56 Page 27866 05/17/04 2:30 P.M. BOOK 56 Page 27867 05/17/04 2:30 P.M. Mayor Martin sated that hearing no objections, the meeting is extended to discuss two issues of immediate concern. MAYOR MARTIN: A. stated that a Commission workshop is scheduled on May 18, 2004, for a review of the evaluation process for the Charter Officials review; that the Agenda for the May 18, 2004, Commission Workshop includes the following Agenda Items: I - Discussion Re: Forms Evaluation Process and Usage of the Professional Skills Workbook; II - Review Re: Charter Officials Draft 2003 to 2004 Strategic and Operational Objectives; and III - Review Re: Charter Officials on 2002 to 2003 Pertormance and Developmental Objectives. Mayor Martin stated that attempting to complete the entire Agenda during the scheduled Workshop may be overwhelming. Vice Mayor Servian and Commissioner Palmer agreed. Mayor Martin asked if a portion of the Agenda can be postponed? Kurt Hoverter, Director of Human Resources, came before the Commission and stated that a discussion concerning a conversion to a new performance evaluation system will require more than two hours; that the recommendation is to address Agenda Items I and II at the May 18, 2004, Commission Workshop and complete the remaining Agenda Item at a later time. Vice Mayor Servian stated that evaluating the Charter Officials through a process which has not yet been implemented is difficult; that the preference is to discuss and gain an understanding of the process and strategic objectives and subsequently perform the evaluations at the end of the fiscal year 2004/05. Commissioner Palmer stated that the new evaluation process is confusing; that the Charter of the City of Sarasota requires an annual review of the Charter Officials; that the review is one and one-half years overdue; and asked if the Commission is in violation of the Charter? City Attorney Taylor stated that although a process is provided, no enforcement mechanism exists; that the new evaluation system must be implemented; that the new forms have caused some confusion; that the provision in the City Charter does not provide any penalties; that performing the review late should not be a concern from the perspective of the City Charter. Commissioner Palmer stated that the forms submitted by the Charter Officials were not consistent. Mayor Martin stated that informal comments may be made at the May 18, 2004, meeting; that a Commission Workshop retreat is scheduled on June 28, 2004, which will provide an opportunity for an informal evaluation; that the Commission's consensus is Agenda Items I and II can be addressed at the May 18, 2004, Workshop. Vice Mayor Servian stated that a meeting is scheduled for May 21, 2004, regarding legal services; that an evaluation of the City Attorney prior to the meeting would be premature. Commissioner Palmer asked the time required for the May 18, 2004, Workshop as the Commissioners desire to attend a memorial service in the afternoon? Mr. Hoverter stated that approximately one hour will be required. Mayor Martin stated that a facilitator, Susan Clayton, Director of Library Services at Manatee Community College, has been engaged to assist at the May 21, 2004, legal services workshop; and distributed a Draft Agenda which includes the language in the City Charter regarding the responsibilities of the City Attorney and a memorandum dated May 17, 2004, from City Attorney Taylor concerning legal services and cost reductions. City Manager McNees asked for clarification of who is expected to attend the May 21, 2004, Workshop. Mayor Martin stated that an intent of the Workshop is to hear from department directors who had specific concerns, comments, or suggestions; that City Manager McNees requested the Commissioners not meet with department directors individually; that the Workshop will provide an opportunity to address concerns, comments, or suggestions. City Manager McNees stated that the department directors can answer questions from the Commission if desired; that department BOOK 56 Page 27868 05/17/04 2:30 P.M. BOOK 56 Page 27869 05/17/04 2:30 P.M. directors who interface most with the City Attorney's Office will attend. Mayor Martin stated that department directors will be available to provide information to the Commission. City Attorney Taylor stated that Staff from the City Attorney's Office will also attend the Workshop to answer questions if desired; that the personnel interact with the City departments; that no special presentation will be made; that the Commission can direct questions to Staff from the City Attorney's Office if desired. Mayor Martin stated that the original intention of the attendance of department directors and Staff of the City Attorney's Office was to solicit suggestions; and asked if the Commission is interested in having department directors and the other attorneys at the Workshop? Vice Mayor Servian stated that the preference is the attorneys in the City Attorney's Office attend to gain a thorough understanding of the specific areas of responsibility and the time expended with various departments; that attendance by department directors is of less concern as the Commission's responsibility is to set policy for implementation by the City Manager and the City Auditor and Clerk; that the belief is department directors would not be comtortable in sharing opinions nor should opinions be solicited. Commissioner Palmer stated that the intent of the Workshop is to allow anyone to speak, including employees; that the Workshop is an open public meeting; that department directors have indicated a desire to talk with Commissioners regarding legal services; that the department directors should have the opportunity to attend the meeting and share opinions if desired. Commissioner Bilyeu stated that the meeting has been advertised as a Commission Workshop at which public input will be received. City Auditor and Clerk Robinson stated that the Workshop has been noticed as a meeting at which public input will be received. Commissioner Bilyeu stated that anyone can attend and is welcomed; that the department directors should feel free to speak without reservation. Mayor Martin stated that a concern is to gain an understanding of department directors' particular needs and concerns regarding legal advice; that City Manager McNees expressed concern the department directors were becoming too involved; that discomfort was developing regarding the frequency of employees contacting the City Attorney's Office which is one reason a Commission Workshop was scheduled; that the department directors and City attorneys are encouraged to come forward and bring comments or information or be available to answer questions. Vice Mayor Servian stated that an interest exists in understanding the interface between the department directors and the attorneys; however, no interest exists in the department directors indicating the manner in which the Commission should direct the City Attorney; that the interest is to hear the manner of the provision of legal services and opinions but not an opinion regarding selection of legal services. Mayor Martin stated that department directors are likely aware of general opinions and opinions regarding selection of legal services. B. stated that a facilitator, Susan Clayton, Director of Library Services at Manatee Community College, has been engaged to assist at the May 21, 2004, legal services workshopi and distributed a Draft Agenda which includes the language in the City Charter regarding the responsibilities of the City Attorney and a memorandum dated May 17, 2004, from City Attorney Taylor concerning legal services and cost reductions. The Commission recessed at 4:45 p.m. and reconvened at 6:00 p.m. 20. COMMISSION PRESENTATION RE: : CHECK PRESENTATION TO THE CITY OF SARASOTA FROM FLEMING' S STEAKHOUSE & WINE BAR FOR THE BENEFIT OF THE VAN WEZEL PERFORMING ARTS HALL (AGENDA ITEM XII-1) CD 6:02 through 6:06 Mayor Martin stated that the presentation is by Fleming's Steakhouse and Wine Bar for the benefit of the Van Wezel Performing Arts Hall (VWPAH) Education and Outreach Program; and requested that Staff and the representative from Fleming's Prime Steakhouse & Wine Bar join him and the Commission at the Commission table. BOOK 56 Page 27870 05/17/04 2:30 P.M. BOOK 56 Page 27871 05/17/04 2:30 P.M. John Wilkes, Executive Director of VWPAH, and Dan Schefer, Fleming's Prime Steakhouse & Wine Bar (Fleming's), came before the Commission. Mr. Wilkes stated that the arrival of Fleming's in the City is appreciated; that Fleming's selected a performing arts organization to support the City on April 12, 2004, the evening prior to Fleming's public opening; that Fleming's realizes a significant stake in all the arts in the City; that Fleming's supports all the arts; that appreciation is expressed for selecting the VWPAH for the benefit dinner held on April 13, 2004, on behalf of the VWPAH's Education and Outreach program which brings in 36,000 students from across the County; that the $11,000 check being presented to the VWPAH is appreciated; that Fleming's support for the community as a business is appreciated; that Fleming's is welcomed to the City. Mr. Schaefer stated that the City and citizens are thanked for coming to the benefit dinner and supporting the VWPAH; that many more events are favorably anticipated for other charities; that Fleming's is pleased at being a part of the Cityi and presented the $11,000 check to the Mayor on behalf of Fleming's Steakhouse and Wine Bar. Mayor Martin stated that the civic minded businesses which come to the City are truly appreciated. 21. COMMISSION PRESENTATION RE: : 2004 BEST OF THE BEST AWARDS / PRESENTED TO THE VAN WEZEL PERFORMING ARTS HALL AND BOBBY JONES GOLF COMPLEX (AGENDA ITEM XII-2) CD 6:06 through 6:08 Mayor Martin stated that the 2004 Best of the Best Awards were presented to the Van Wezel Performing Arts Hall (VWPAH) and Bobby Jones Golf Complex (BJGC); that the Best of the Best Awards are annual awards presented by Sarasota Magazine and WWSB ABC Channel 7 and requested Staff join him and the Commission at the Commission table. Raymond Grady, Manager, BJGC, and John Wilkes, Executive Director, VWPAH, came before the Commission. Mayor Martin stated that the BJGC was selected as a finalist for the best place to play golf in the Best of the Best Awards; that Mr. Grady is congratulated. Mr. Grady stated that the community is thanked for supporting the BJGC; that having BJGC compete favorably with the caliber of golf courses in the community such as the University Park Country Club demonstrates the community is pleased with the BJGC; that Staff provides the best possible services for the patrons as a City-owned golf course; that BJGC has comparable service as the larger, more luxurious golf complexes. Mayor Martin stated that two Best of the Best Awards were presented to the VWPAH; that the VWPAH was awarded first place as the Best Place to Watch and Listen to a Performance; that VWPAH was also chosen as a Best Place for Live Music finalist; and congratulated Staff of the VWPAH. Mr. Wilkes stated that Sarasota Magazine and the Sarasota Herald-Tribune are thanked for honoring the VWPAH; that the VWPAH has been the Best Place to Watch and Listen to a Performance for many yearsi that a public venue such as the VWPAH is every citizen's performance hall; that support for the VWPAH is appreciated; that the City and Staff are thanked for the assistance in receiving the award. 22. COMMISSION PRESENTATION RE: SEAL OF THE PROVINCIA DI TREVISO, ITALY TO THE MAYOR OF THE CITY OF SARASOTA ON BEHALF OF THE PRESIDENT OF THE PROVINCIA DI TREVISO (AGENDA ITEM XII-3) CD 6:09 through 6:11 Vice Mayor Servian stated that she has been out of town on City business traveling to Italy, including the Province of Treviso, Italy; that a Sister City relationship is contemplated with Treviso; that within the province of Treviso is Osolo, Italy; that the beautiful Osolo Theater in Sarasota has originated from Osolo; that the opportunities for cultural, educational, and governmental exchanges are highly likely; that the citizens of Treviso are excited about the opportunity to "twin" with the Cityi and presented the following items to the Commission on behalf of the President of Treviso: The Flag from the Province of Treviso The Seal of the Province of Treviso Vice Mayor Servian continued that the citizens of Treviso requested the Treviso seal be proudly displayed in preparation for the arrival of the citizens from Treviso in 2005 for the BOOK 56 Page 27872 05/17/04 2:30 P.M. BOOK 56 Page 27873 05/17/04 2:30 P.M. official Sister City signing ceremony; that travel is wonderful; however, arriving home is best. Mayor Martin stated that Vice Mayor Servian is thanked for her excellent representation of the City while in Italy. Mayor Martin stated that a landmark decision was reached 50 years ago in the US Supreme Court decision of Brown versus Board of Education; that the opportunity was provided to all the citizens of the City, particularly the minorities of the community, for fair and equal opportunity in education; that the decision was momentous and is still serving the citizens today. 23. SCHEDULED PRESENTATION RE: COALITION OF CITY NEIGHBORHOOD ASSOCIATIONS (CCNA) QUARTERLY REPORT (AGENDA ITEM XIII-1) CD 6:12 through 6:19 Jennifer Wilson, President, Joe Moraca, First Vice President, and Tomara Kafka, Second Vice President, Coalition of City Neighborhoods (CCNA), came before the Commission. Ms. Wilson stated that CCNA's general membership has requested the CCNA Board speak to the Commission on a quarterly basis; that appreciation is expressed for the opportunity; that CCNA meets at 9:00 a.m. on the first Saturday of each month at the Waldemere Fire Station; that all City neighborhood associations are invited to the meeting to work toward preserving and protecting the City's neighborhoods; that CCNA has been working towards the same goal for the past 14 years and continues to do sO with the membership of over 30 City associations. Ms. Wilson continued that playing the Righteous Brothers' hit "You've Lost that Loving Feeling" at the current meeting to communicate the theme of the report was considered; that neighborhoods in the City were once highly favored by the City and Commission; that the neighborhoods of the City now feel neglected; that the Commission must be responsive to neighborhoods; that communication from the highest to the lowest echelon is essential; that a communication breakdown has been experienced by the following examples in the neignborhoods: Bayou Oaks: Left out of the Housing Opportunities for People Everywhere (HOPE) VI planning process and the City of Sarasota Downtown Master Plan 2020; Ringling Park: Not able to acquire permission to address a recent land use issue due to the rescission process; - Gillespie Park: Did not receive from the Commission a sense of urgency to address park use permitting; - Indian Beach Sapphire Shores: Experienced a dilemma in obtaining information from the City for development projects; and Central Cocoanut: Recently participated in the Neighborhood Action Strategy (NAS) process and not a Staff member mentioned the City of Sarasota Downtown Mobility Study to the group. Mr. Moraca stated that the City's mailing list is a concerni that people will register and later become president of a neighborhood association; that being included on the correct mailing list is difficult with all the different departments; that each City department maintains a separate mailing list; that his wife has received correspondence with the correct name; however, the address belongs to another member; that having one database is important; that the communication problem is frustrating to citizens who do not receive notice of meetings; that one department could be using an out-of-date list which results in a citizen not receiving notice of a meeting. Ms. Wilson stated that the examples indicated were brought to the attention of the CCNA Board at the May 1, 2004, meeting; that CCNA realizes change is good; that several personnel changes have occurred within the Commission and City Staff; that the City's Mission Statement and priority list which at one time hung on the wall of the Commission Chambers should be reviewed; that concern for neighborhoods must be the foundation of any City decision; that the impact of and effect on neighborhoods must always be considered; that neighborhoods cannot be considered as an afterthought in the planning process or in Commission decisions; that the consideration is appreciated; that CCNA favorably anticipates the next meeting with the Commission to preserve and protect the City's neighborhoods. Mayor Martin stated that discussions regarding the responsibility of the Neighborhood Partnership Office for the mailing list have been held; that the mailing list will be maintained and updated through the Neighborhood Partnership Office for use by the departments. BOOK 56 Page 27874 05/17/04 2:30 P.M. BOOK 56 Page 27875 05/17/04 2:30 P.M. City Manager McNees stated that the intention has always been for the Neighborhood Partnership Office to have responsibility for the mailing list; that various departments have most likely developed new data during specific projects which were used in mailings; that a recommitment to centralizing all the data is made; that the turnover among the leadership of the various neighborhoods mar kes maintaining a current database difficult; that utilizing only one database maintained in the Neighborhood Partnership Office in conjunction with the Office of the City Auditor and Clerk to ensure an updated, centralized database is best. Mayor Martin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 24. NON QUASI-JUDICIAL PUBLIC HEARING RE: CULTURAL DISTRICT MASTER PLAN - CLOSED THE PUBLIC HEARING AND DIRECTED STAFF TO ENTER THE ISSUES FROM THE PUBLIC HEARING INTO AN ISSUES MATRIX AND THEN REPORT BACK TO THE COMMISSION WITH THE RECOMMENDATIONS (AGENDA ITEM XIV-A-1) CD 6:19 through 8:48 Mayor Martin opened the public hearing regarding the Cultural District Master Plan. John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission and stated that the draft Cultural District Master Plan has been reviewed by several advisory boards; that some Committee board reports regarding the draft Cultural District Master Plan were provided earlier in the meeting; that additional testimony will be taken at the current meeting; that Staff will take careful notes of comments to create an Issues Matrix; that a project team comprised of multi-departmental Staff will bring recommendations back to the Commission for each issue discussed at the current meeting; that Staff will be prepared to make the necessary changes prior to the continuing deliberations of the Cultural District Master Plan at the June 21, 2004, Regular Commission meeting. Mr. Burg referred to a computer-generated presentation summarizing the Cultural District Master Plan throughout the presentation on the Chamber monitors; and stated that the Cultural District Master Plan originated from the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) which was adopted by the Commission in January 2001; that a major component of the Downtown Master Plan 2020 was to create a Cultural District Master Plan; that the architecture and urban design firm of Cooper, Robertson and Partners was contracted in April 2003 to create the Cultural District Master Plan; that a considerable detailed analysis was performed from April through August of 2003; that a visioning charrette was held in September 2003 which lasted four days and was very intensive; that issues were analyzed; that a variety of issues were discussed with various groups; that draft design principles were created during the visioning charrette. Mr. Burg continued that the draft design principles utilized by the consultant in creating an Options Report which was completed in November 2003 was the basis of a series of community forums involving Staff, the Community Redevelopment Agency (CRA) Advisory Board, the Planning Board/Local Planning Agency (PBLP), and the Development Review Committee (DRC); that a public hearing was held; that all the information was utilized to create an Issues Matrix; that on December 3, 2003, the Issues Matrix was brought to the Commission for discussion of a number of issues such as the appropriate size of the major public space in the Cultural District. Mr. Burg stated further that the consultants developed the draft Cultural District Master Plan in mid March of 2004; that the draft Cultural District Master Plan was made available at the current public hearing; that an updated Issues Matrix will be created to bring to the Commission at the June 21, 2004, Regular Commission meeting; that the City has a long history of planning; that the history of planning goes back to 1924; that the consultants admired the Comprehensive City Plan, Sarasota, Florida, written by John Nolen, City Planner (1925); that the primary study area included the area of the Van Wezel Performing BOOK 56 Page 27876 05/17/04 2:30 P.M. BOOK 56 Page 27877 05/17/04 2:30 P.M. Arts Hall (VWPAH); that a secondary project study area extends south to Gulf Stream Avenue and north to Hog's Creek; that the City owns the entire area from Tamiami Trail south to Boulevard of the Arts over to the Bayfront and north to Payne Terminal, which is the primary study area; that the property encompassed in the study is 42 acres in size; that the area is primarily dominated by surface parking; that wonderful facilities such as the VWPAH, Gulfcoast Wonder & Imagination Zone (G.WIZ), the Sarasota Symphony facility, the Municipal Auditorium, the History Center, the Visitor Center, the Garden Club, the Lawn Bowling area, and the United States Coast Guard (Coast Guard) facility are included in the Cultural District. Mr. Burg further stated that a considerable site analysis performed by the consultants was shared with Staff in the fall of 2003 which are summarized; that the importance of the Tamiami Trail, the open space, and the Multi Use Recreational Trail (MURT), which is a Bicycle/pedestrian pathway, was realized as potential links to Downtown and the Bayfront; that the importance of the water and boating was taken into consideration; that the importance of the critical entry point of Big Pass was considered as well; that the central Bayfront, including the Quay, and the Cultural District were analyzed; that the edges of the site were important; that gorgeous panoramic views of the Bayfront are on the site presently; that Payne Terminal, which is called "the Slip", is the waterway which comes into the site and extends to US 41; that significant boat launching activity occurs in the area; that Tamiami Trail or US 41 runs through the site; that the area has been improved; however, the future potential remains nondescript; that Boulevard of the Arts is at the southern end of the site which includes some wetlands; that the wetlands can be an asset if exploited or utilized by the citizens. Mr. Burg continued that Cooper, Robertson and Partners also hired a sub-consultant which performed considerable cultural market analysis; that the potential of the City and competitors was analyzed; that a significant finding was the rest of the world was moving forward in developing cultural facilities and the City will not remain competitive unless the City's cultural facilities are improved; that the City's status as a cultural center will be jeopardized without taking the necessary steps to remain competitive; that the cultural activities extend the boundaries of the Cultural District in the City; that many cultural facilities are located Downtown including various theaters, the Opera House, and other familiar facilities; that the Ringling School of Art and Design, the John and Mable Ringling Museum of Art, the University of South Florida, and New College are located to the north of the Cultural District; that a broad corridor extends through the City and should be developed and envisioned as one unified area. Mr. Burg stated that the design principles or goals are important; that the details become more important over time as plans are implemented; that the goals are utilized as a yardstick to measure the progress of the City; that the seven design principles are to: 1. Create a family oriented Bayfront Park for all Sarasotans which includes fishing, walking, bicycling, jogging, and allowing for special events. Mr. Burg continued that significant emphasis was placed on family oriented features at the charrette in the fall of 2003; that a citizen should feel welcome and comfortable going to and enjoying the Bayfront without spending any moneyi that a variety of other activities should also be available; that the next design principle is to: 2. Create pedestrian connections across Tamiami Trail to adjacent neighborhoods and to Downtown. Mr. Burg stated further that a major emphasis is placed on design principles which is challenging; that the next design principle is to: 3. Establish an identifiable "Front Door" image on Tamiami Trail. Mr. Burg further stated that the image of another front door will be examined for implementing the principle; that the next design principle is to: 4. Utilize Tenth Street and Boulevard of the Arts to provide direct access to the Bayfront as extensions of the City grid and celebrate how each meet the Bay. Mr. Burg stated that significant progress regarding the principle can be made; that the current entry to the Bayfront is not impressive; that the experience could be made unforgettable; that the next design principle is to: BOOK 56 Page 27878 05/17/04 2:30 P.M. BOOK 56 Page 27879 05/17/04 2:30 P.M. 5. Should provide shared and hidden parking and service supported by public transportation. Mr. Burg continued that Country Club Plaza in Kansas City, Missouri, is a wonderful example of parking which cannot be observed by pedestrians; that plain parking garages which are not lined with liner buildings can be disastrous to a pedestrian experience; that parking must be properly camouflaged from the vision of the pedestrians; that the next design principle is to: 6. Provide a mix of uses which enhance the cultural experience. Mr. Burg further stated that considerable information is being obtained regarding mixed use areas; that the final and most important design principle is to: 7. Celebrate the Bay as Sarasota's greatest asset. Mr. Burg stated further that the vehicular and pedestrian grid is an important building element and allows pedestrians to walk through the site, automobiles to move slowly through the site, and a great deal of flexibility regarding how ideas are implemented over time; that the grid can be adapted and changed and help the City grow in a graceful manner; that a graceful manner to drive and walk through the entire site and the City will be accomplished; that the importance of Tenth Street, Boulevard of the Arts, and the other connections back to the City must be considered. Mr. Burg further stated that the importance of the public realm and quality public spaces is emphasized; that a broad public quality esplanade is planned; that a three acre major public open space north of the VWPAH is planned; that the open space is approximately the same size as the VWPAH including the patio area towards the waterfront; that the open space area would be linked back to US 41/Tamiami Trail by a broad art walk, which is a pedestrian only area; that emergency and service vehicles could utilize the area; that the area would lead directly from the park area to the Bayfront; that a minimum of two story facilities are planned south of Payne Terminal, referenced as "the Slip"; that two potential sites are identified for the Florida West Coast Symphony (Symphony) or a pertorming arts hall on the northwest and northeast corners of the site; that the other site could be a museum or some other cultural facility; that a series of major parking structures will be developed in the center of the site; that three parking structure which can hold 600 vehicles each are planned; that the parking facilities would be lined with mixed use liner buildings; that the municipal auditorium would remain at the current location; that the triangular shaped site between the VWPAH and the possible performing arts site would be a swing site; that the site could either be a cultural or a mixed use facility or some combination thereoi; that an area of wetlands exists; that the southwest tier would be identified as predominantly cultural which could be some mix of cultural facilities and/or mixed use facilities on the site. Mr. Burg stated that development of the area would be completed in stages sO most of the existing institutions would have time to decide whether to remain in the Cultural District; that the site plan may be biased from the consultant's perspective by indicating buildings may be replaced with a building with a higher use; that 150,000 square feet of existing cultural facilities exist in the Cultural District today; that an additional 265,000 to 375,000 square feet of cultural facilities could be added; that between 300,000 and over 600,000 square feet for a total in the area of slightly over 700,000 to over 1,000,000 square feet of total use including cultural and mixed use facilities are planned. Mr. Burg continued that deck parking for 1,800 vehicles is included which is approximately 633,000 square feet; that the total program, including all the parking, is approximately 1.3 to 1.8 million square feet; that significant time was spent developing the open space plan; that the three acre park is on the Bayfront; that the art walk extends to Tamiami Trail; that the major front door is on Tamiami Trail; that Hog's Creek and Pioneer Park are linked with a continuous esplanade which winds around continually along the Bayfront; that part of the grid system is the importance of linking to the area of the Sarasota Quay and the Ritz-Carlton Hotel and Condominiums and the entire area south; that the area is linked as one entity. Mr. Burg referred to the illustrations in the Agenda backup material which include a northerly view of the new Bayfront Park and the Payne Terminal; and stated that the performing arts hall could be located at the site; that the Bayfront edge could have steps to allow people to sit down by the water which would be more people friendly; that another view is near the proposed Tenth Street pier which would be a very active center for boating; that a site plan and study model have been provided; BOOK 56 Page 27880 05/17/04 2:30 P.M. BOOK 56 Page 27881 05/17/04 2:30 P.M. that the new front door is at Tenth Street looking south; that the area in front of the Municipal Auditorium could be a grand median lined with majestic palm trees which would mark the entrance to the Cultural District and also be the grand entry to Downtown Sarasota; that a person would realize arrival at a very special place; that drivers would slow down due to the slightly curving roadway; that the speed of the high volume of traffic coming through the area must be slowed; that the announcement will be the driver has arrived at a very special place. Mr. Burg further stated that the new VWPAH entrance would be a perpendicular roadway which is straight to US 41 and terminate at the existing drop-off at VWPAH; that the new entry would be direct and formal rather than winding around in a surreptitious, strange manner through the parking area; that the Tenth Street Pier would be oriented to boaters with a boater facility; that Boulevard of the Arts is the terminal of a pedestrian-oriented street from Park East to the Gillespie Park neighborhood, through the Rosemary District neighborhood, and to the Bayfront; that the feature in the Downtown Master Plan 2020 is called a Belvedere or overlook of the Bayfront; that a fishing pier could be created on the end as contrasted with the active boating on Tenth Street; that significant art is planned along Boulevard of the Arts; that the wetlands will be made more accessible through pathways, kayak and canoe launches, and passive water activities in the area; that the area will be opened up and made more accessible than at present. Mr. Burg stated further that the active boating is planned to the north; that the route from New Pass would terminate at the very active boating place at Payne Terminal; that the middle area would not have boat docks; that the area would be reserved for the panoramic views for pedestrians; that the southern end would be the passive boating area; that enjoying the panoramic view would be simple; that the passive uses include kayaking, canoeing, and walking trails along the wetlands to the south; that water transportation has been planned by Staff; that the City's Parks + Connectivity Master Plan includes a component for connecting the waterways to include a water taxi system support for which Staff has been pursuing with the Sarasota-Manatee Metropolitan Planning Organization (MPO); that a stop for the water taxi would be the Tenth Street Pier along with the John and Mable Ringling Museum of Art, the Downtown, and perhaps St. Armands Circle, Marie Selby Botanical Gardens, and Mote Marine Laboratory and Aquarium (Mote Marine). Mr. Burg continued that parking for any development is crucial; that the parking strategy will be reviewed in detail; that a parking garage is planned on-site with surface parking as well as remote parking; that the access to the parking is through the various access points from Tenth Street to the north to Boulevard of the Arts to the south; that the extension of El Verona Avenue extends through the site; that the major spine would be the location at which the parking access would occuri that the location behind the Municipal Auditorium parking garage would also be accessed off Boulevard of the Arts; that the parking concerns would be addressed; that two or three of the diagrams illustrated are below grade, which is defined as below the Federal Emergency Management Agency (FEMA) level but above the ground water table; that the Cultural District Master Plan has flexibility; that one level of parking could be below the two sites; that less parking would be required on the ground level; that the implications of the parking will be addressed later; that the deck parking would contain 1,800 spaces; that surface parking would contain 500 spaces; that néar-District parking would be 700 spaces; that the parking reality is the absolute peak demand cannot be addressed; that for example, during 4th of July fireworks, some people may have to ride the trolley, walk, or park at adjacent developments around the site and walk to the special events; that the parking would be ample 90 percent of the time; that a parking study performed by a traffic consultant is included in the Agenda backup material. Mr. Burg stated further that the parking concerns are handled within the 45 foot height limit; that some commercial retail or restaurant facilities would be located on the ground floor; that housing would be located above the retail area; that hidden behind the housing would be the parking area; that utilization of the trolley and walking would be helpful and perhaps necessary for the peak demand periods; that secondary areas are located to the north and the south of the area; that to the north continuous public open space, expanding boat trailer parking north of Hog's Creek and reinforcing the pedestrian connections along Tamiami Trail to Pioneer Park are suggested; that multi-story residential development is suggested with primary building mass sited perpendicular to the Bayfront to ensure views through to the water; that low scale commercial development is suggested around Payne Terminal; that the continuation of the MURT along the Bay will make the area feel like part of the Cultural District; that the illustrative layout indicates between 20 to 25 percent increase in boat trailer parking; that the different between the 20 and 25 percent is whether the parking is 15 to 20 feet wide; BOOK 56 Page 27882 05/17/04 2:30 P.M. BOOK 56 Page 27883 05/17/04 2:30 P.M. that the details will be worked out with the boating community; that the boaters' needs will be addressed as the Cultural District Master Plan moves forward; that the proposed multi-story housing would be developed with walkways along the edge; that a bait shop, a restaurant, snack bar, etc., could be developed in the area north of the Payne Terminal. Mr. Burg further stated that the area to the south is Boulevard of the Arts; that the Cultural District Master Plan recommends a north/south street extends through the Cultural District; that the idea of extending Fourth Street, Fifth Street or Fruitville Road to the Bay over the long-term is a consideration; that the Quay area and the Cultural District could then begin to feel a part of the City rather than an area across a major highway with vehicles moving at high speeds; that Phase One includes relocating the lawn bowling and Coast Guard facility; that Payne Park currently has an area for lawn bowling; that the Tenth Street slip immediately south of the strip would require constructing the first level of parking, which is 600 spaces; that up to 800 spaces could be planned in the area; that mixed use south of the slip would begin; that two alternatives exist for the next phase; that one building may be the performing arts hall or the Florida West Coast Symphony and would be the front door; that the art walk would begin in the area; that the other alternative for the Florida West Coast Symphony site would be to the south of the area; that the sites could be developed together as one site as long as the very important art walk is maintained through the middle of the facilities; that the next phase would be the parking garage just immediately north of the wetlands; that the area could not be developed until the Florida West Coast Symphony was relocated; that on the southwest corner of the site are the three parcels; that the reason the parcels are placed last is to give the institutions a look at the future and determine if any of the buildings could or should be incorporated into the site in one form or another; that included in the Agenda backup material is a Program Summary which breaks down the parcel size, the use, the cultural uses, and the deck parking of each parcel. Mr. Burg continued that the Cultural District Master Plan also includes development standards; that the FEMA requirement and view corridor easements shall be reviewed; that the view corridor requirements include a 45-foot height limit above FEMA; that the exception is two performing arts halls which can extend up to 90 feet in height above the FEMA requirement; that buildings must be 100 feet apart which is another requirement moving westward 150 feet from Tamiami Trail; that the consultants have incorporated the requirement into the Cultural District Master Plan. Mr. Burg further stated that plans for Payne Terminal include active uses required on all frontages, a minimum height of two stories retail to include shopping, dining, and entertainment venues, and access from boat docks. Mr. Burg stated further that the parcels indicated as Symphony Hall or Museum is demonstrative of a building of iconic stature which could be placed on Sarasota postcards and would have streetwalls and active frontages; that the parking facilities would have streetwalls with active spaces, uses, with a minimum of three stories and access from vehicles from Van Wezel Way, which is the north/south street through the area; that the museum or Symphony Hall on the site will exist on the northeast corner; that the standards will reinforce the development of a front door to the Cultural District. Mr. Burg continued that the cultural/retail uses in Parcel 6 near the VWPAH could be combined with Parcel 3, with the possible parking below grade with a minimum of three stories with streetwalls with active frontages; that the cultural/retail south of the Municipal Auditorium would have the front door role, with a minimum of three stories including streetwalls and active frontages; that the cultural museum which could occur on Parcel 9, which is the G.WIZ parking lot presently; that the area is viewed as a combination cultural facility plus parking and would relate in a very positive way to G.WIZ. Commissioner Palmer stated that, the phrase minimum of three stories" is indicated in the Cultural District Master Plan; and asked if the phrase should be "maximum of three stories"? Mr. Burg stated that the Cultural District Master Plan indicates a minimum of three stories, a maximum of 45 feet. Commissioner Palmer stated that the language in the Cultural District Master Plan is understood; that height in the Cultural District Master Plan is limited to a maximum of 45 feet with the exception of two performing arts halls; that use of the word "minimum" was a concern due to sounding like nothing below three stories would be allowed; that buildings would have to stay within the view corridor which is a maximum of three stories or a 45 feet maximum. BOOK 56 Page 27884 05/17/04 2:30 P.M. BOOK 56 Page 27885 05/17/04 2:30 P.M. Mr. Burg stated that the meaning is a minimum of three stories in some cases and two stories in other cases sO a definition of space exists; that the final parcel will reinforce the front door role of the edge of the Cultural District. Mr. Burg continued that the Open Spaces have already been discussed; that a landscape architect worked with the consultant as a sub-consultant and created a number of diagrams to illustrate the possible location of the various open spaces; that the front door from the Tamiami Trail is also illustrated; that certain north/south streets would have palm trees and other streets would have shade trees to provide a certain character; that the arts walk runs through the middle of the site; that a number of street sections could relate to each other. Mr. Burg stated further that the financial aspects of the proposed Cultural District Master Plan will be a significant challenge for the City; that the more expensive construction is the private/public parking decks; that the parking decks will cost approximately $16 million per deck; that the per space price estimate was considered high by the Development Review Committee (DRC); that three potential revenue sources exist for the parking facilities: 1. Revenue from mixed use facilities; 2. Tax Increment Financing (TIF) funds; and 3. Parking fees for parking in parking facilities. Commissioner Palmer requested clarification of the height allowed at the Belvedere. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that the Belvedere is the parcel at the west end of Boulevard of the Arts; that the subject is a non-issue; that the ownership of the parcel was split; that Hotel Associates, the owners of the Hyatt Hotel, owned the fee to the ground; that the Owners of the boat basin owned development rights a certain number of feet above the ground; that the City acquired both. Commissioner Bilyeu asked the length of time required for development of the entire Cultural District project? Mr. Burg stated that the development of the Cultural District could take anywhere from a few years to up to 20 years. Mayor Martin stated that a projected time line is included in the Agenda backup material. Commissioner Bilyeu stated that the purpose of the question was to place the length of time required on the record. Mayor Martin requested that the following people come before the Commission: Lorrie Muldowney, 2709 Temple Street (34239), stated that the presentation at the current meeting included many interesting concepts; that the City is praised for the excellent vision for the area; that her area of interest is historic structures in the Cultural District and historic preservation; that she is a practicing professional in historic preservation; that the excellent spaces around the country and the world demonstrate the effectiveness of integrating the protected historic resources into the wonderful public spacesi that Pikes Place Market at Fisherman's Wharf in Seattle, Washington, is an example of a place which builds on heritage; that losing the historic buildings in the southeast corner of the site would be a lost opportunity; that the name Cultural District comes from the historic buildings; that a wonderful legacy of public civic architecture is on the site; that the retention of the Municipal Auditorium, the wonderful art deco building from the 1930s, the equally important library building built in 1941, Victor Lundy's wonderful Visitor Information Center, and the Sarasota Garden Club, which is housed in an excellent Sarasota School of Architecture building, are important; that each of the historic buildings in isolation is important; that equally fascinating is looking at the progression of civic architecture which is apparent from the historic buildings; that the architecture must be considered in retaining the very special sense of place; that the VWPAH and G.WIZ must also be remembered; that a wonderful continuum exists presently and should be taken into consideration. Richard and Catherine LaBrie, 1024 Rhodes Avenue (34237), representing the Lawn Bowling and Garden Club, distributed packets of wildflower seeds to the Commission. Mrs. LaBrie stated that the expectation is for the Commission to plant the seeds; that she has been a Sarasota resident for 31 years and an active member of the community and the Garden Club for 30 years; that service was given to the original Keep Sarasota Beautiful program which was instituted by Commissioner Palmer; that she served on the City's Parks Board prior to BOOK 56 Page 27886 05/17/04 2:30 P.M. BOOK 56 Page 27887 05/17/04 2:30 P.M. transfer to the County as well as the Street Tree Council; that service on the various organizations hopefully will provide weight to the statements made concerning the Cultural District; that the Garden Club was served as Botanical Gardens Chair for three separate terms; that the volunteer position included responsibility for maintaining the beautiful green space which is a little over an acre; that the members recognized the opportunity and privilege afforded the Garden Club since 1960; that special gardens have been created for the education and pleasure of the public as well as members, involving the spending of thousands and thousands of volunteer hours; that the care of the green space by the members has been accomplished with love and generosity; that the five Commissioners should recognize the value of the space not in dollars and cents but in the worth of the protection and preservation; that the Garden Club legacy is clear; that the hope is the Commission's legacy will be clear also; that the statements are made in honor of all the present members and in memory of all the past members including Mabel Ringling and Marie Selby. Mr. LaBrie stated that the statements are on behalf of the Sarasota Lawn Bowling, which has been a part of the City for 77 years and at the present location since 1938; that the Lawn Bowling area is very visible and attracts many favorable comments from members and visitors alike; that the vision the Commission and predecessors have made by preserving the green space for future generations is important; that thousands of tourist dollars have been brought to the City in the past and present by members of the Lawn Bowling Association; that the understanding is the Lawn Bowling area will be moved, much to the disappointment of the members; that more tourists are scheduled from the United Kingdom in the next season; that the US Open Tournament for the southeast is scheduled in Sarasota; that the US Open lournament attracts lawn bowlers worldwide. Mr. LaBrie continued that as a City resident and taxpayer for 31 years, certain areas of the proposed development of the Cultural District cause concern; that the cost estimate is Close to $80 million in 2004 dollars; that the late Senator Everett McKinley Dirksen of Illinois once stated "a million dollars here, a million dollars there, now. you're talking some real money"; that borrowing money on a 20 year bond issue would place a burden on many citizens who do not have million dollar condominiums; that the hope is all the proposals put forth by the consultant hired for the project will be placed on a referendum sO all the citizens and taxpayers can make the decision together. Dr. Robert Nerthling, 750 North Tamiami Trail (34236), Vice President, Renaissance I Condominiums, distributed copies of a May 17, 2004, letter regarding the Cultural District Master Plan and an illustration of the Sarasota West Coast Symphony (Symphony) Site built on Parcel 3 from the eighth story of the Renaissance I Condominiums; and stated that he is the Chair of the Cultural District View Corridor Committee, and represents the 244 taxpaying unit owners of the Renaissance of Sarasota; that all five charrette meetings were attended in September 2003; that input was provided at the November 19, 2004, public hearing; that he was present at the December 3, 2003, and March 12, 2004, meetings regarding the draft of the Cultural District Master Plan which came before the DRC on April 7, 2004, the PBLP on April 14, 2004, and the CRA Advisory Board on April 22, 2004; that the Commission should be praised for entrusting the consultants, Cooper, Robertson and Partners, with such a difficult task; that the consultants should be congratulated and praised for the response to the challenge. Dr. Nerthling continued that on November 19, 2003, a personal statement was made regarding the opposition to any building in excess of 45 feet above FEMA either to the east or south of the existing symphony structure or which would be located in close proximity to US 41; that Cooper, Robertson and Partners is suggesting in addition to another tract Parcel 3 be the possible location for a new symphony complex; that the Symphony has agreed to situate the main axis of the highest portion perpendicular to Tamiami Trail, or ideally, parallel to the VWPAH; that the position would be the most visibly appealing and would also preserve the greatest extent of Bay views to all visitors to the Cultural District and for the citizens living across the street; that two majestic performing art venues, the VWPAH and the Symphony Hall, will be separated by a grassy three to four acre park and have an expanded walkway and esplanade along the Bayfront behind and between the buildings; that the westward diversion of southbound Tamiami Trail traffic between Tenth Street and Boulevard of the Arts is supported; that widening and beautification of the existing median and eventually a direct east to west access to the VWPAH from Tamiami Trail are both proposed in the consultant's draft of the Cultural District Master Plan. Mr. Nerthling stated further that actions the Commission might consider during the first phase are withdrawing the initial BOOK 56 Page 27888 05/17/04 2:30 P.M. BOOK 56 Page 27889 05/17/04 2:30 P.M. offer of the four acre tract directly across from the Renaissance and instead offer the Symphony property rights to Parcel 3; that plans for developing a park between the VWPAH and Parcel 3, and also of the Tamiami diversion/median enhancement are beginning; that the changes and construction of roundabouts at Fruitville Road and Tamiami Trail and Tamiami Trail and Gulf Stream Avenue are proceeding. Terry Romine, 6211 Timberlake Drive (34243), representing Sarasota Ballet of Florida, stated that the direction of the Commission with the Cultural District Master Plan is interesting; that the smaller performing arts facility under consideration is of particular importance; that such a facility may be appropriate for the home of the Sarasota Ballet of Florida individually or in partnership with another performing arts organization; that a question asked was if anything more beautiful than the VWPAH and the Symphony Hall could be imagined; that the answer is yes, a pertorming arts hall for the ballet; that the Sarasota Ballet of Florida desires to participate in the City's evaluative process and welcomes the opportunity to provide any input which may enhance or ensure the success of the Cultural District Master Plan. Pam Buornival, 3912 Voorne Street (34234), representing Control Growth Now, stated that the private sector is doing very well in both residential and commercial ventures in the County and City; that the public benefit and private gain resulting from the residences, hotels, and shopping should not be in conflict in the Cultural District; that such businesses are all around the area and do not require competition; that a greater requirement exists to keep the area open and available to the public by preserving more of the Bayfront visually and physically; that development of the Cultural District will require funding; that growth does not pay its own wayi that the City must build a new police station; that the taxes will increase for either current or future residents; that the increase of traffic and parking problems must be considered; that congestion and parking are already a problem; that significant traffic problems were obvious at Jazz on the Bayfront on the evening of May 15, 2004; that people were circling looking for parking spaces at the VWPAH, G.WIZ, the Municipal Auditorium, and the boat parking lots; that a convention center would result in more unnecessary congestion; that the City does not own the propertyi that the citizens of the City own the property; that a referendum is supported to allow the citizens of the City to decide the fate of the Cultural District; that the entities currently located at the southeast corner of the Cultural District have a significant interest in staying or not; that the entities in the southeast corner have a history of the area; that the entities at the southeast corner make the Cultural District and should have top priority. George Mahofski, 2237 School Circle (34239), representing Sarasota Flotilla, Inc., stated that Sarasota Flotilla, Inc., manages the Coast Guard building; that the proposal indicating the relocation of the Coast Guard is disturbing; that an inquiry was made of a new location for the Coast Guard building; that no answers were provided; that Sarasota Flotilla has been serving the boaters of Sarasota since 1964 and is celebrating its 30th anniversary; that the Coast Guard building was built with private funds and is located on three tenths of an acre leased from the City; that the presence of the Coast Guard has provided effective safety patrols, public education, vessel safety checks for the boaters at the ramps, and other activities on behalf of the Coast Guard; that the Sarasota Flotilla is the volunteer arm of the Coast Guard; that work is performed within the Department of Homeland Security established after September 11, 2001; that various missions into new sensitive areas have been entered; that a service is performed for the City; that the Sarasota Flotilla is the eyes and ears for the City on certain activities; that work is coordinated with the City; that work with Doug Peters, the Marine police officer, has been coordinated for over 20 years; that the Sarasota Flotilla employees are not paid; that the employees are volunteer, private citizens; that a plan to relocate the Coast Guard building is necessaryi that no Coast Guard presence exists without the Sarasota Flotilla; that in 1970, the Coast Guard had the 82-foot Cutter Point Thatcher moored in the City; that the water became too shallow in the terminal, forcing Cutter Point Thatcher to move to Nokomis; that the building was then constructed; that the Sarasota Flotilla desires to serve the City and the boaters in the area for a long time; that nothing in the report indicated dredging Payne Terminal; that the area badly requires dredging; that the eastern portion of the terminal is high and dry during low tide. Mr. Mahofski continued that the pier should be on the north side of the terminal; that the west/morthvestery winds will make mooring vessels on the north side of the pier almost impossible; that the Coast Guard should remain at the present location or in close proximity to where presently located within the Cultural District. BOOK 56 Page 27890 05/17/04 2:30 P.M. BOOK 56 Page 27891 05/17/04 2:30 P.M. William Lederman, 2414 Amanda Drive (34232), representing Sarasota Flotilla, Inc., stated that the Coast Guard is a volunteer organization; that for nearly 60 years, tens of thousands of men and women of the Coast Guard have invested millions of volunteer hours; that countless lives have been saved by the groupi that a move was made from Ohio in 1979; that moving the family to Bradenton was the desire; that Sarasota was loved upon seeing the Bayfront; that the Coast Guard has given him credit for saving 17 lives; that the value of saving 17 lives should be considered by the City; that discussions were held with City Staff; that the indication was the City was well aware of benefits of the activities of the Coast Guard. Mr. Lederman continued that Staff indicated the Coast Guard would be included in the final Cultural District Master Plan; that the Cultural District Master Plan indicates a plan to relocate the Coast Guard; that no recognition of all the years of service is mentioned; that boating and boating safety are considered a large part of the culture of the City; that thousands of boaters use the boat ramps and the facilities; that the Fire Department and the Marine Police use the facilities; that the Coast Guard desires to continue being a part of the City and the City's boating safety; that the Coast Guard should remain in the Cultural District. Captain Jonnie Walker, 4718 Harris Avenue (34233), stated that he represents concerned boaters; that the plans before the Commission at the current meeting are impressive and exciting; that some concepts in the Cultural District Master Plan require further speculation; that the public boat ramps are not adequate at the present time; that 15 to 20 percent more parking was suggested in the Cultural District Master Plan but is not enough; that on a nice, non-holiday weekend, the VWPAH parking lot is half full and every area of grass in the parking lot is filled with boats; that an increase in boat parking is a priority; that restaurants, buildings, and other shops are planned and require additional parking; that a significant number of questions arose at the time the May 16, 2004, article in the Sarasota Herald-Tribune was written; that the boating public became upset upon seeing the plan for restaurants and shops at the boat ramp area; that interaction with the boating public which was unaware of the Cultural District Master Plan is necessary; that people hold seats on City advisory boards; that years ago, he provided service to one of the City's advisory boards regarding the boat ramps and artificial reefs; that the significance and the requirements of the boating public were not considered at the time the Cultural District Master Plan was written; that the City should utilize the expertise available; that the Cultural District Master Plan is exciting and supported. Mayor Martin stated that discussions should take place with Sarasota County and the City and County of Bradenton with regard to supplying additional boat ramps and parking. Alan Sloan, 3746 Torrey Pines Boulevard (34238), representing Art Cénter Sarasota, stated that the Commission and consultants are commended for the Cultural District Master Plan; that the Cultural District Master Plan skillfully balances the diverse needs of a myriad of community interests without compromising the goal of an integrated site which will serve Sarasotans for decades; that several concerns which require further merit and study should be addressed; that the importance of stressing non-cultural activities is stressed; that architectural standards of the cultural components should be maintained; that eating facilities, marinas, and residences should be designed and constructed with short term investment compensation as the primary consideration; that a mechanism should be devised to ensure design standards are maintained to avoid a series of inappropriate structures among the cultural facilities; that a significant parking problem exists at Art Center Sarasota; that 20 to 30 art students arrive at Art Center Sarasota with several cases of material and supplies weighing up to 25 pounds on any given day; that many students are handicapped; that the unloading process takes approximately 15 minutes and requires several trips; that the process is repeated in the afternoon; that the prospect of 50 students, some in wheelchairs, carrying art supplies, paintings, ceramics, and sculptures from a central parking facility to Art Center Sarasota is not acceptable; that students and teachers attend the nationally recognized education program from all over the United States; that Art Center Sarasota is an important part of the tourism effort as well as a major revenue source; that providing sufficient on site parking to the new art center facility is critical. Mr. Sloan continued that the needs are immediate; that a development program for a new facility has already been initiated; that the Cultural District is the appropriate location for Art Center Sarasota; that Art Center Sarasota has existed in the Vicinity for 50 years; that a timeline for a new art center seems more appropriate at three to five years rather BOOK 56 Page 27892 05/17/04 2:30 P.M. BOOK 56 Page 27893 05/17/04 2:30 P.M. than the 13 to 15 years envisioned in the Cultural District Master Plan; that the current lease with the City expires in 2007; that a new multimillion dollar investment in a new facility will require a long term commitment from the City; that a meeting to discuss the issue in detail is positively anticipated. Paul Ward, 750 North Tamiami Trail, No. 500 (34236), representing Lawn Bowling, stated that seeing a person's entire organization erased from the map is difficult; that the Lawn Bowling facility has been a tourist attraction in Sarasota for 77 years but has experienced a couple of difficult years due to poor maintenance by residents of Sarasota Countyi that the organization has just finished one of the finest years on beautiful and manicured greens under the critical and strong supervision of the Dick LaBrie, President of the Lawn Bowling Association; that the new County Maintenance Manager has done a fantastic job; that 20 new regular members recently joined; that dozens of daily and weekly players come from all over to play a game on the greens; that the season has been busy; that the facility is a source of pride; that construction and materials have been funded mostly by tourists through donations and minimal dues; that members have provided funding for the patios, sidewalks, storage, and furnishings of the clubhouse; that the work and efforts have resulted acceptance of the facility into the National Register of Historic Places; that the Lawn Bowling organization does not desire to relocate to Payne Park; that removing the Lawn Bowling facility from the Cultural District is similar to being kicked out like an old boot. Joseph McKenna, Executive Director and Earl Pollock, Member, Board of Directors, 709 Tamiami Trail (34236), Florida West Coast Symphony came before the Commission. Mr. McKenna stated that the Florida West Coast Symphony (Symphony) is pleased with the process to date of the Cultural District Master Plan and looks forward to building with a collaborative spirit; that the Symphony is enthusiastic and pleased with the placement of the Symphony in the Cultural District on Parcel 3 on the Bayfront just north of the Van Wezel Performing Arts Hall (VWPAH); that placement of the Coast Guard must be considered in the processi that the use of Parcel 3 is contingent on adequate resolution of the issue concerning the view corridor; that discussions concerning the view corridor continue between the City and the Renaissance of Sarasota; that the hope is Parcel 3 will be fully secured for the purpose of a new Symphony center for the entire Sarasota community; that the Commission is thanked for the opportunity to participate in the development of the Cultural District Master Plan; that the imaginative and exciting Cultural District Master. Plan developed with the guidance of the consultants is appreciated; that working together as the Cultural District Master Plan progresses is positively anticipated; that working on the project is an honor. Mr. Pollock stated that the Symphony Board is extremely enthusiastic regarding the Cultural District Master Plan, particularly with the proposed placement of the Symphony in Parcel 3; that the legal issues concerning the view corridor are known and must be addressed; that the issue of the view corridor is now being addressed more effectively than in the past; that the Cultural District Master Plan will help solve the particular impasse; that a significant part of the visionary plan can be achieved if everyone works together. George Haborak, 1308 Pomero Avenue (34239), stated that implications for the area of the Cultural District Master Plan south of Tenth Street is a concern; that the development around the VWPAH and Bayfront Park should be considered; that the improvements made to Bayfront Park in the last 32 years should be considered; that Marina Jack underwent remodeling although a couple of retail shops have moved; that the stelgerwaldt/lockey Fountain "Where Wild Things Play" was built through a public/private partnership; that the parking area was reconfigured with new landscaping; that O'Leary's Restaurant is located in Bayfront Park and offers a small casual dining area; that the Allen Play Area was recently completed through another public/private partnership; that Bayfront Park is now enjoyed by all; that the public amenities provided through public/private partnerships are enjoyed by all citizens; that a master plan was not a part of the process; that perhaps the natural process of providing cultural and public amenities on city-owned property over time serves the public better; that the importance for the Symphony to construct a new concert hall in the area is known; that the Tampa Performing Arts Center in Tampa, Florida, should be visited; that the building has parking on both sides of the facility and a four to five story parking garage on one side with a walkover pathway allowing people to walk from the parking garage directly into the complex; that liner buildings are not necessaryi that the Tampa Performing Arts Center is an excellent complex; that a new Symphony complex similar to the Tampa Performing Arts Center is supported. BOOK 56 Page 27894 05/17/04 2:30 P.M. BOOK 56 Page 27895 05/17/04 2:30 P.M. Mr. Haborak referred to a map of Downtown displayed on the Chamber monitors; and stated that the widening of the median strip between Tenth Street and Boulevard of the Arts is noticeable; that the widening will intrude upon the property along the Municipal Auditorium, Art Center Sarasota, and the History Center, which means surface parking will be lost; that the fountain at the Municipal Auditorium may be lost as well; that significant funds were used to relocate the fountain from the Sarasota Museum of Art; that parking in front of the Municipal Auditorium, the Sarasota Arts Center, and the Sarasota Visitor's Center are important; that the configuration of the Cultural District Master Plan indicates a significant amount of parking will be lost; that a right turn could be constructed into the VWPAH from the north past the Municipal Auditorium; that the grand entrance could not be utilized from the south due to the nonexistence of a left turn; that the majority of people attending events come from south of Boulevard of the Arts; that $4.8 million would be provided to create a situation which would only serve a small percentage of people coming from the north; that the parking for the Sarasota Art Center is a concern; that a parking need exists; that the City should consider all suggestions. Mr. Haborak continued that the population in Florida keeps increasing; that the latest figures estimate 3,000 new condominium units will be built in the Downtown area in the next few years; that an additional 6,000 people and 4,000 to 5,000 additional vehicles will be traveling through Downtown; that development to the north, east, and south of the Cultural District is taking place; that the area should be retained as a cultural green park oasis among all the development; that the City will need the land for future public amenities as the City grows; that other proposals may come before the Commission; that Art Center Sarasota requires an expanded new facility; that a May 16, 2004, editorial in the Sarasota Herald-Tribune, entitled "Balancing Act" was correct in indicating concern of overdevelopment, privatizing a rare resource, traffic issues, and certain effects of the establishment of retail businesses; that the proliferation of gates, and property signs such as "keep out" and "tow away" can be imagined with the construction of new condominiums; that the Commission is encouraged to keep the 42 acres in public trust; that a district should be created allowing for non-profit, cultural, and educational use only in the area, with the exception of a couple of restaurants; that the parking garage layouts require additional consideration. Wendy Surkis, 7857 Midnight Pass Road (34242), representing the Sarasota Museum of Art, stated that the Commission is applauded for transforming the Bayfront into an attractive, exciting, and economically beneficial Cultural District; that the Cultural District as outlined will provide a variety of experiences and institutions which will add to the depth and breath of the community; that having the Cultural District Master Plan come to fruition is wonderful; that staff at the Sarasota Museum of Art request consideration of a new museum devoted to modern and contemporary art for one of the areas designated for museum use in the Cultural District. Ms. Surkis continued that the Mission Statement for the Sarasota Museum of Art indicates goals to exhibit, print, collect, and preserve modern and contemporary artworks of the highest quality, and serve as an aesthetic, intellectual, and educational asset to the community and create a lasting legacy of cultural richness for the future of the City; that the Sarasota Museum of Art took significant shape and form in the first four months of 2004; that the year began with a pledge of $1 million toward the founding of the museum; that several open meetings were held to determine the level of interest in the community; that the audiences were receptive and endorsed the project; that people want to become involved in many aspects of the development of the museum; that energy and enthusiasm are evident; that the momentum to create a highly visible presence for the Sarasota Museum of Art should continue; that a temporary headquarters will be established in the heart of Sarasota; that a donor stepped forward with a challenge gift of $100,000 as seed money to begin the project; that the challenge gift was announced to the community; that the community came through with flying colors; that the challenge was met and the goal exceeded in slightly over a month; that the positive response and vote of confidence keep the focus and motivation for the endeavor high; that the project requires funds and the active participation of many people including the support and involvement of the City, County, and State; that being a part of the Cultural District is a source of pride; that the opportunity to express opinions is appreciated; and submitted for the record materials with additional information regarding the Sarasota Museum of Art. David Witte, 2215 Ixora Avenue (34234), stated that he represents boaters and fishermen; that the area north of Tenth Street and the boat ramp are concerns; that the Cultural BOOK 56 Page 27896 05/17/04 2:30 P.M. BOOK 56 Page 27897 05/17/04 2:30 P.M. District Master Plan includes plans to sell a portion of public land for use as residential housing; that discussions were held with Staff; that the Cultural District Master Plan indicates the possibility of residential housing to the west of the boat ramp parking area; that the Cultural District Master Plan creates a worse situation than presently exists; that entering and exiting the parking lot of the Tenth Street boat ramp is already difficult; that the Cultural District Master Plan includes removing access at the traffic light; that hauling a 38 foot boat into a small area will be impossible unless a traffic light is available; that Staff indicated the problem would be addressed; that installing another traffic light at the new entrance would address the problem. Robert Killian, 2308 Bay Street (34237), and Jan Kirchner, P.O. Box 550 (34230), representing Aquarian Quest, Inc., came before the Commission. Mr. Killian stated that he is Director of Education for Aquarian Quest; that Aquarian Quest operates the 73-foot traditional Gulf Coast schooner, the official educational tall ship of Sarasota County; that consideration for having Aquarian Quest as part of the Cultural District is appreciated; that the Cultural District Master Plan is exciting; that Aquarian Quest can better serve the community if included in the Cultural District; that the second, of five month educational sails was completed in April 2004; that over 3,000 students sailed with Aquarian Quest on more than 100 programs; that the schools of the County and City were forced to depart from Palmetto, Florida, due to the absence of appropriate departure points on Sarasota Bayi that some schools in the County had to travel south to Nokomis, Florida, to sail with Aquarian Quest; that the Cultural District will present the opportunity to provide service to the children and the community in the Downtown area, which is very exciting. Mr. Killian continued that Aquarian Quest could be operating in Sarasota if the area around the Tenth Street slip was dredged; that the 73-foot schooner of Aquarian Quest only draws 3.5 feet of water; that a significant number of other boats draw more water which is a problem for the entire boating community; that having the opportunity to speak is appreciated; that Aquarian Quest is available to provide any type of advice to the Commission or Staii; that the position of the proposed pier in the Cultural District Master Plan is also a concern; that the weather patterns on Sarasota Bay should be considered; that the prevailing weather pattern is from the northwest; that any boat will have difficulty attempting to tie up to the pier on the northwest side. Mr. - Kirchner further stated that the consultants and the Commission are complimented for embracing the wonderful project; that being considered a part of the project is pleasing; that contributing to the community is rewarding; that Aquarian Quest is willing to assist the Commission with regard to any nautical or sailing situation, if necessary. Craig Noren, 602 North Jefferson Avenue (34237), and Charles Hegener, 637 40th Street (34234), representing Coalition of City Neighborhoods Association (CCNA) Planning Committee, came before the Commission. Mr. Noren stated that CCNA was directed to attend the meetings of the development program for the Cultural District Master Plan and to report the observations; that a public hearing regarding the Cultural District Master Plan Options Report was held at the November 19, 2003, Special Commission meeting; that the Development Review Committee (DRC), Community Redevelopment Agency (CRA) Advisory Board, and Planning Board/Local Planning Agency (PBLP) meetings of November 20, 2003, were open to the public; that the consultants were directed to select Alternate C, which is the highest cost alternate among the three compared by the consultant for the Cityi that Alternate C called for an aggressive integration of commercial, retail, and residential space into the community; that the consultants developed an image which is a standard and should not be considered; that the configuration maximizes the periphery of available lease space in the center; that the scheme disburses four or five mid-rise blocks over the site to maximize leasable perimeter; that the idea should be to consolidate parking and services; that the outside spaces should be optimized for higher and better use; that a consolidated parking space such as the Sarasota Memorial Hospital parking area could consolidate four or five parking areas into a five-story building. Mr. Noren continued that a superior parking solution is provided by the parking garage; that a consolidated site would allow for access from the peripheral roads and movement of the vehicles to the available parking space without going out of one building, into another building, and searching for the parking; that a consolidated site is an important consideration; that a consolidated site will provide more efficient movement of vehicles and will avoid vehicular conflict; that the Cultural BOOK 56 Page 27898 05/17/04 2:30 P.M. BOOK 56 Page 27899 05/17/04 2:30 P.M. District should remain vital for 50, 75, perhaps 175 years; that the great cities of Europe planned for magnificent central plazas with populations smaller than the City; that numerous waves of technology and changes in market demand change will be experienced in the future and will change the manner in which community service and parking can best be utilized. Mr. Noren stated further that a maximum amount of flexibility is important for adjusting the boundaries between service and lease space from the inception of the project; that the configuration recommended would allow for flexibility; that the image of the place should be retained as an emblem of unique leisure opportunity at the front door of the City; that no outdoor space exists for civic assembly; that streets and grassy knolls are not necessaryi that grass deprives the disabled in wheelchairs and walkers of access to the area; that an acre of tree-shaded and paved space with a view of the sunset over the Bay is recommended; that a venue for arts, song, and dance is necessary and may continue for a time and not be returned back to workaday use at the beginning of the week; that a civic plaza should be on the prime location of the site; that large buildings with green roofs could be built at the location; that plenty of concrete slab is available for real grass or Astroturf to house the lawn bowlers, croquet, shuffleboard, and tennis at the front door; that all the plans are possible with an opening silhouette to the sky. Mr. Hegener stated that no final conclusions have been reached by CCNA; that the comment is a work in progress reviewed by some members of CCNA Board and discussed with associates in Indian Beach and Sapphire Shores; that CCNA is expecting to review the Cultural District Master Plan with its membership before commenting Eurther to the Commission; that the main concerns are the overall building masses proposed and consistency with City's vision; that the City's vision calls for small town living and feeling in combination with urban amenities; that the new City planning paradigm is apparently the small town living and feeling will be outside Downtown; that the Cultural District should be a transitional area between Downtown and north Sarasota; that over 1.6 million square feet of construction is potentially the result of the Cultural District Master Plan; that much of the Cultural District Master Plan is for commercial activities on a scale of a regional commercial center; that other similarly scaled objects are nearby; that people are concerned with preserving the City's uniqueness versus generic Florida such as Clearwater or Ft. Lauderdale, Florida; that planning criteria for commercial development is an issue; that the two primary parameters for planning Cultural District activities should be to support cultural institutions and ancillary activities such as going out for a cup of coffee after the symphony or dinner beforehand as well as support public enjoyment of the waterfront. Mr. Hegener continued that the current Cultural District Master Plan leaves to the market of non-profit fundraising forces the activities which will and will not be in the Cultural District; that specific priorities should be established immediately as to the outcomes desired; that the demand is high for residential and commercial uses on the waterfront; that the prospects for new cultural institutions are much more uncertain; that commercial development should not generally occur until cultural uses are established or identified; that patience may be necessary to avoid outstripping cultural goals; that desired and unacceptable uses should be specified; that cafes and art related business are presumably acceptable; that conference centers, hotels, and condominiums are probably not acceptable; that buying investments or other business services in the City's Cultural District should be considered; that public boat access should be considered since Centennial Park has been added to the Cultural District Master Plan process; that the government has a fundamental responsibility to ensure the quality of life in the City; that public boat access is currently at capacity and will be exacerbated by increased City population and regional development; that creation of condominiums with liner buildings near the boat ramp is not appropriate; that some public service commercials such as restaurants with views, however, may enhance the boater's waterfront experience. Mr. Hegener stated further that the Cultural District Master Plan calls for an exception to transportation concurrency, meaning the development of Downtown and the Cultural District will proceed without a requirement for adequate infrastructure; that the evolution of the process has been interesting since the first discussions of the Transportation Concurrency Exception Area (TCEA) five or six years ago at the time the outcome was not contemplated; that the idea for placing traffic standards in suspension is not popular in the public mind; that the consultant has indicated great cities are defined by open space; that recapturing the VWPAH parking lot for park and civic space should be a priority; that a timeline of the Cultural District Master Plan to provide for park space by the water and to provide the flexibility to move cultural and commercial development from east BOOK 56 Page 27900 05/17/04 2:30 P.M. BOOK 56 Page 27901 05/17/04 2:30 P.M. to west in a balanced manner is necessaryi that the City's Strategic Plan which is being developed should ensure a balance between commitment of public funds Downtown, Cultural District development, and the rest of the City. Stan Zimmerman, 2469 Novus Street (34237), stated that for the City to enter the race with private development to develop the City as expeditiously as possible is pleasing; that the Cultural District Master Plan received at the current meeting is a sweeping vision of a Cultural District for the City which will capitalize on the great strengths of the 20th Century and catapult the strengths into the 21st Century; that the details of the Cultural District Master Plan may not always be agreeable; that the essence of the Cultural District Master Plan is a major step forward into the future for the Cityi that the Cultural District Master Plan is endorsed as a whole; that the sweeping Cultural District Master Plan unfortunately Sweeps out some old friends of the Cityi that the Coast Guard, the Garden Club, the History Resources Center, the Art Center Sarasota, and the Lawn Bowlers do not seem to have a place in the Cultural District Master Plan as presented at the current meeting; that the Commission is urged to use an environmental technique called mitigation; that the displaced entities should be provided an appropriate, acceptable site sO the old City friends can continue to participate and sO a magnification of the joy and safety of the City can be experienced. Mr. Zimmerman continued that planning is better than ad hoc organic growth; that the option is to follow a plan or to have development occur haphazardly; that the City will be best served with a plan; that specific maritime recommendations for the Cultural District Master Plan are urged consideration of the Commission. Mr. Zimmerman referred to a map of the Cultural District displayed on the Chamber monitors; and stated that the Cultural District Master Plan calls for celebrating the Bay as the City's greatest asset; that some maritime elements in the Cultural District Master Plan do not celebrate the City's greatest asset; that several experienced mariners have indicated the proposed pier may not be in the proper location; that the proposed pier should not be in the location at all; that a similar structure is not seen up and down the Bay in the history of the City; that the proposed pier is exposed to the elements from three directions; that the structure is most likely fixed rather than floating; that the proposed pier is simply a boat destruction device; that the few remaining marinas which service repairs on boats may enjoy the pier; that the boaters will not enjoy the pier; that $1 million could be saved by deleting the element from the Cultural District Master Plan which would enhance the Bay view from the new park which shall be created on the northwest corner of the site; that open water should be on the horizon rather than a boat destructing pier. Mr. Zimmerman stated further that throughout the Cultural District Master Plan, the consultant has sketched in repeatedly a new marina; that the new marina is not part of the Cultural District Master Plan; that the new marina could be refreshing; that the creation of the California style pocket marina would provide ample protection from the boats inside as well as ample place for boats to tie up and the occupants of the boats to promenade to the cultural affairs within the Cultural District; that paid parking would be provided for the boats the people living in the condominiums nearby may want to own; that the property could become a significant revenue producer for the Cityi that the Bobby Jones Golf Course received a well-deserved reward at the current meeting; that including the pocket California style marina which would be protected by an artificial breakwater could create another income producing facility for the citizens; that the Cultural District Master Plan has detractors as some people are displaced; that a better location should be identified for the people getting displaced. The Commission recessed at 8:07 p.m. and reconvened at 8:19 p.m. Clarence Brien, 419 West Cornelius Circle (34232), stated that about eight years ago, a few hours were spent at the Neal Auditorium with former Mayor Gene Pillot; that the discussion was similar to what is being heard at the current meeting; that Staff provided an excellent presentation of the Cultural District Master Plan; that Downtown is visited on occasion; that the great things the VWPAH is attempting to accomplish is appreciated; that people who were handicapped and trying to move around on motorized wheelchairs were seen on the VWPAH lawn which was upsetting; that the sidewalk cannot be utilized; that the ability of the handicapped people to get around is a mystery; that the courage the people showed in attempting to get around was admirable; that assuring sidewalks are in a usable condition is simple; that the sidewalks should be usable to the public sO everyone has access; that a survey was taken at the VWPAH but was taken inside of the building; that many people BOOK 56 Page 27902 05/17/04 2:30 P.M. BOOK 56 Page 27903 05/17/04 2:30 P.M. sitting around on the lawn did not know the survey was taking place. Mr. Brien continued that approximately a month ago, the VWPAH lawn was visited; that the weather was beautiful and the sun was setting; that the scenery was beautiful; that a picnic bench was not available to use; that a picnic bench rather than a major building is a simple desire; that a parking garage would be extremely helpful; that the vehicles present on May 14, 2004, at the Friday Fest had a problem upon leaving; that the picnic benches are nonexistent; that the area is not people friendly; that Ken Thompson Park on the other side of the Bay will no longer be a park as a park is described in the dictionary; that a parking garage and a building for the Florida West Coast Symphony are the important projects; that the Sarasota Herald-Tribune had an editorial called "the Balancing Act" which indicated the first concept was "do no harm." Allen McReynolds, 426 Partridge Circle (34236), distributed copies of a May 15, 2004, letter to Mayor Martin regarding the Cultural District Master Plan; and stated that the City has an opportunity to do many wonderful projects; that the Bayfront must be protected; that the Cultural District has the only open space in the City limits which is not built upi that City Island has sidewalks, park benches, trees, sculpture, and parking lots; that no open space exists, just a grassy area; that the Commission is encouraged to take a deep breath and consider the options slowly. Mr. McReynolds continued that the Friday Fest concert at the VWPAH was attended on Friday, May 14, 2004, at the suggestion of one of the Commissioners; that the idea was excellent; that the concert was very crowded; that the event was off-season; that getting through the people for the concert was difficult; that a significant number of people were in attendance with family and small children; that seeing families at the park was exciting; that people were not able to spread out blankets and have a picnic; that people were not able to spread out and enjoy the beautiful sunset and scenery due to the crowd; that the City is encouraged to look at the three-acre park which is being defined by Cooper, Robertson, and Partners and the. landscape architecture firm from Charlottesville, North Carolina, as more of an open space venue where outdoor concerts, Theater in the Park, Shakespeare in the Park, rallies, or a place to throw a frisbee can be held; that open space does not include park benches, trees, fountains, and sidewalks, just a grassy lawn. Mr. McReynolds stated further that the open space could have a moveable pavilion as a stage; that the original proposal by the consultants had a stage which could submerge into the ground and had connecting poles which were stored under the grass in a box; that all the items could be put together in 20 minutes; that the stage was portable, very economical, and should be given some consideration; that the City has an opportunity to do a significant number of projects well; that the City is cautioned to move forward slowly; that the possibility of overbuilding the urban core exists; that a significant number of condominium buildings are being constructed; that the Quay redevelopment and a variety of unknown projects could bring in a significant amount of density and a significant number of ways to block the view; that the Commission should analyze the issue carefully before allowing the development of new buildings since no more open space is available. Dick Sheldon, 526 South Osprey Avenue (34236), stated that the first reaction to the draft Cultural District Master Plan after attending the charrette was excitement; that the comments of a previous speaker regarding maintenance of open space is supported; that open space is important; that a portable stage is not necessary; that the open space does not require a stage; that the taxes involved to build the Cultural District is a concern; that a general price increase in homes would affect affordable housing and is a concern; that home prices are increasing in every area of the City; that a significant number of long term residents of the City are not being taken care of and should be; that a thought is of the theory of "the process of creative destruction" that old buildings are demolished and new buildings are constructed every 25 years in New York City, New York. Mr. Sheldon continued that having to purchase a condominium to have an acceptable view of the Bay is a concern; that the entire VWPAH tract has a good view of the Bay; that the Commission should strive assure to provide a good view of the Bay from 100 or 200 feet from the Bay rather than building to high heights close to the Bayi that building close to the Bay would be advisable for restaurants but not for the view; that having commercial restaurants and cafés in the Cultural District takes business away from Main Street which is a concern; that significant tax revenues have been expended for improvements to Main Street; that pedestrians must be encouraged to cross US 41 BOOK 56 Page 27904 05/17/04 2:30 P.M. BOOK 56 Page 27905 05/17/04 2:30 P.M. to make the project successful; that open spaces are important especially for people living with a density of 200 people per acre; that the draft Cultural District Master Plan has wonderful aspects; that some areas in the Cultural District have never been touched except at the time the area was filled in. Paul Thorpe, 157 Garden Lane (34242), stated that Staff is congratulated for the work of the draft Cultural District Master Plan; that work on some items in the draft Cultural District Master Plan has already begun; that discussions were held years ago concerning a walkway along the Bayfront; that the basic sidewalk requires expansion and improvements; that some entities in the Cultural District area could be redeveloped; that a larger VWPAH with additional seating capacity is necessaryi that John Wilkes, Executive Director VWPAH, has a spectacular Broadway show line up for 2005; that most shows are not available to Sarasotans as enough seats are not available at the VWPAH to support the cost; that entertainers like Howie Mandel are not affordable to Sarasota residents at $50, $60, or $70 at the 1,700 seat VWPAH facility; that additional seating capacity is necessary at the VWPAH; that a recommendation is to consider building a new VWPAH on Parcel 3 in the Cultural District and sell the present VWPAH to the Symphony; that the rest of the area could be maintained as green, open space for enjoyment of the Bayfront; that approximately $200,000 for an amphitheater is available and was budgeted in approximately 1986; that the City should keep the open space, develop more parking, build a new VWPAH with 2,500 seats, and sell the Symphony the 1,700 seat VWPAH. John Wilkes, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), 3019 East Forest Lake Drive (34243), stated that a significant amount of feedback has been received regarding the various opportunities and challenges of developing the valuable and unique parcel of land known as the Civic. Center; that future meetings with the consultants will bring experts and laypersons before the Commission; and quoted the following issues addressed in the consultant's report which require more dialog prior to making a final recommendation: The recommended number of parking spaces for the Cultural District if fully developed as per the report's recommendations will be inadequate for vehicular activity which should be generated if all businesses and developments were active and simultaneously programmed; and The City will not be competitive culturally if the City does not plan for the future. Mr. Wilkes continued that considering a larger performing arts hall in context with the Cultural District Master Plan or for the necessity of such a venue in the City or County due to the rapid growth the City continues to experience requires further dialog; that the financial, business, social, cultural, and educational consequences are crucial to discuss in context with the development of a Cultural District Master Plan; that the VWPAH Advisory Board and the VWPAH Foundation Board endorses the comment not only for the future planning of the health and well-being of the VWPAH as known at the present time but for any potential need for the future to better serve the public. Mayor Martin stated that positive comments regarding the Friday Fest have been heard; that the popularity of Friday Fest may be growing beyond the available space; and asked the number of people the current location of Friday Fest can currently accommodate? Mr. Wilkes stated that the Friday Fest on May 14, 2004, was not attended as he was out of town; that the estimates were between 3,500 and 4,000 people had come into the area for the Friday Fest; that the area was very busy on Friday and appeared at full capacity; that observing the public enjoying the space is excellent. Mayor Martin stated that a few parking spaces were always available in the parking lot in 2003; that the parking spaces were at a premium. Mr. Wilkes stated that hopefully the trend is Friday Fest is becoming popular; that outgrowing the area is exactly the concept identified in the draft Cultural District Master Plan. John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission and stated that notes have been taken; that any questions can be answered; that input can be provided by Staff; that the responses could be brought back to the Commission in a more methodical manner after discussing the comments with Staff. Vice Mayor Servian stated that the process for an organization to reserve a space in the Cultural District would be helpful; BOOK 56 Page 27906 05/17/04 2:30 P.M. BOOK 56 Page 27907 05/17/04 2:30 P.M. that the organizations which require moving will require a location to which to move and a timeframe for doing sO. Commissioner Palmer stated that an updated Issues Matrix will be developed with the comments; that the thought was the information would come back to the Commission at the June 21, 2004, Regular Commission meeting. Mr. Burg stated that the tentative schedule was to come back to the Commission at the June 21, 2004, Regular Commission meeting. Commissioner Palmer stated that she will not be in attendance at the June 21, 2004, Regular Commission meeting; that a full Commission should be available before making any major decision; that a significant number of issues require discussion; that the Cultural District Master Plan should be scheduled for a Special Commission meeting rather than a Regular Commission meeting; that more time than one hour is necessary; that another date should be found due to her absence at the June 21, 2004, Regular Commission meeting. Mayor Martin stated that the suggestion is supported. Commissioner Atkins stated that the discussion at the June 21, 2004, Regular Commission meeting shall not include public input; that no more than one hour should be necessary to deal with the Issues Matrix and make the final decisions; that the Commission is meticulous in the deliberation processes; that the Commission can deliberate for 45 minutes and still adjourn within two hours; that his intent is to take some vacation in June 2004; that the concern is the number of meetings which have been scheduled; that the decision as to whether the issue will be too complicated to consider at a Regular Commission meeting should be made Closer to the meeting date; that the meeting should not be surrendered without further notice. Mayor Martin stated that Commissioner Palmer's desire is to attend the meeting for the consideration and adoption; that the Cultural District Master Plan can be rescheduled for the July 6, 2004, meeting if necessary. City Attorney Taylor stated that he will not be present for the July 6, 2004, Regular Commission meeting. Commissioner Palmer stated that the issue can be included on the Agenda for the June 21, 2004, Regular Commission meeting; that input will be provided to Mr. Burg if the Commission desires; that the June 21, 2004, Regular Commission meeting will not be attended. Mayor Martin asked if the draft Cultural District Master Plan was presented to the Parks, Recreation and Environmental Protection Board (Parks Board)? Mr. Burg stated no. Mayor Martin asked if the draft Cultural District Master Plan can be presented to the Parks Board at the next meeting? Mr. Burg stated yes. Mayor Martin stated that a legal document concerning a conveyance of the Garden Club property to the City from the State in 1960 has been shared with Staff; that the document should be addressed and clarity provided; that a canoe and kayak launch area in the wetlands area was discussed; that no such launch area has been presented in the draft Cultural District Master Plan; that identifying the intended location of the launch area is necessaryi that potentially private uses are indicated north of Payne Terminal, at the site itself, or on the southeast corner of Boulevard of the Arts and Tamiami Trail; that privatization is important to the vitality and as a possible funding source for developing the infrastructure and green space included in the proposed Cultural District Master Plan. Mayor Martin continued that an analysis of the City's acquisition of property would be beneficial; that a question is the manner by which the significant amount of funds required to develop the Cultural District Master Plan can be acquired; that a thorough understanding should be obtained in the future; that the proposal for the three acre green space, which is designed as a place for 800 to 1,000 people is a concern; that information regarding significantly larger groups coming to the area was previously received; that the spaces are being outgrown; that the issue of park permitting was addressed at the May 3, 2004, Regular Commission meeting; that regional parks in the City with the capacity to handle groups of over 1,500 were discussed; that the capacity of Arlington Park to handle groups of over 1,500 was questionable; that Island Park could handle groups of 1,500 or more but has limited usage due to permitting concerns; that Ken Thompson Park has limited usage due to traffic generation; that Payne Park is the only park available for such large groups; that parks in the City are not ready for BOOK 56 Page 27908 05/17/04 2:30 P.M. BOOK 56 Page 27909 05/17/04 2:30 P.M. larger groups of people; that the number of people the parks can handle should be addressed; that the issues just mentioned have not been addressed at the current meeting and would be useful for guidance. Mr. Burg stated that the items usage of parks will be added to the Issues Matrix. Commissioner Atkins stated that the elective and individual uses of all the different entities in the Cultural District should be considered; that a timetable should be established identifying the parcels of land available and the funding sources for development; that the not-for-profit and other entities interested in land should understand the expectation is not for the entities to wait an extended period to begin; that the boat use and large boat trailers at Payne Terminal should be addressed; that the boats and boat trailers which dominate the waterfront has long been a concern; that the concern is methods to alleviate some of the ingress/egress struggles indicated at the current meeting; that the best method to deal with the boat and boat trailer issue could be on site or off site; that the boat and boat trailer issue will be part of the struggle as the project moves forward. Mayor Martin Closed the public hearing; and stated that hearing the Commission's agreement, the consensus is to direct Staff to enter the issues from the public hearing into an Issues Matrix and then report back to the Commission with the recommendations. 25. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 04R-1732, GRANTING A SPECIAL PERMIT PURSUANT TO SECTION VII-1304, CITY OF SARASOTA ZONING CODE (2002 EDITION) TO CONSTRUCT A SEAWALL AND NECESSARY APPURTENANCES ON THE REAL PROPERTY LOCATED AT 3536 BAYOU LOUISE LANE AS DESCRIBED MORE PARTICULARLY HEREIN; ETC. (TITLE ONLY) (APPLICANT KRISTINA V. TIGNOR, P.E., AS AGENT REPRESENTING 5 FISH, L.L.C., AS OWNER) - ADOPTED (AGENDA ITEM XIV-A-2) CD 8:49 through 9:03 Mayor Martin stated that proposed Resolution No. 04R-1732 grants a special permit to construct a seawall and necessary appurtenances on real property located at 3536 Bayou Louise Lane. Timothy Litchet, Director of Building, Zoning and Code Enforcement, Richard A. Ulrich, Attorney, Law Firm of Judd, Shea, Ulrich, Oravec, Wood & Dean, P.A., and Kristina Tignor, P.E., as agent representing 5 Fish, L.L.C., as owner, came before the Commission. Mr. Litchet stated that the property owner, 5 Fish, LLC, at 3536 Bayou Louise Lane has requested permission to reinforce/repair an existing revetment at the site which will include a new seawall approximately midway through the property; and quoted Section VII-1304, Zoning Code (2002 Ed.), which is somewhat unique, as follows: Where properties are located on the waters of the Gulf of Mexico or the waters of passes, seawalls, groins, and other beach protection devices shall be erected only by special permit of the City Commission, upon it being proved by the permittee at a public hearing held for such purpose that such beach protection works are necessary to prevent such erosion, are properly designed to prevent erosion of the property on which erected, and will not adversely affect adjacent and nearby properties; that all other water frontage, seawalls and bulkheads may be erected only landward of mean high water lines. In no event shall such seawalls or bulkheads exceed an elevation of plus five feet above the mean low watermark. Mr. Litchet continued that the Applicant is proposing the new revetment at 4.66 feet above the mean low watermark; that Kristina Tignor, P.E., has certified compliance with all the requirements of Section VII-1304, Zoning Code (2002 Ed.); that the proposed project is located on Big Pass in Sarasota Bay. Attorney Ulrich stated that he represents 5 Fish, LLC, which owns the property at 3536 Bayou Louise Lane; that Ms. Tignor shall explain the technical applications of the repairs to reinforce, repair, and refurbish an existing rock revetment at the site; that the beach erosion control device is not new; that the revetment currently in place predated the requirement to obtain a special permit; that Ms. Tignor shall provide information which indicates the approvals or the fact the exemptions from the State or Federal agencies have already been obtained; that Ms. Tignor will also confirm the properties adjacent to the subject property also have beach control devices; that the adjacent beach control devices would be eroded if the device were not permitted for the subject property; that the beach erosion control devices on the adjacent properties impact the subject property; that the revetment necessarily needs repair and refurbishment. BOOK 56 Page 27910 05/17/04 2:30 P.M. BOOK 56 Page 27911 05/17/04 2:30 P.M. Ms. Tignor stated that she is a Professional Engineer registered in the State of Florida; that her engineering practice is primarily concentrated in the areas of shoreline stabilization, docks, and dredging design projects; that the subject shoreline is currently armored with a rock revetmenti that refurbishing the rock revetment with an embedded vertical wall is desired; that the structure will enhance the entire area both visually and environmentally, that the rock revetment will serve to decrease ongoing maintenance impacts which are usually associated with rock revetment projects; that the rock revetment will prevent erosion of the subject property. Ms. Tignor referred to photographs depicting the subject shoreline displayed on the Chamber monitors; and stated that some unnatural materials are apparent in the existing rock revetment; that some concrete panels and blocks have been placed within the revetment throughout the years; that the property has been armored for many years; that the concrete and unnatural materials observed in the photographs will be removed as part of the project; that the adjoining properties to the north and south have similar rock revetments; that the elevation of the adjoining property rock revetments is higher than the subject property; that the present proposal will help stop erosion on the adjoining properties due to further stabilization of the applicant's property; that the proposed project is necessary to prevent erosion; that the project is located landward of the mean high water line, which is usually a requirement of the Federal and State permitting agencies; that the revetment does not exceed five feet in height above the mean low water level; that the revetment is properly designed to prevent erosion on the subject property and will not adversely impact the neighbors; that the project has received the proper approvals from the other permitting agencies which have jurisdiction over such projects. Vice Mayor Servian referred to a letter dated October 9, 2003, from the Florida Department of Environmental Protection (FDEP) indicating the authorization is to construct 81 linear feet of retaining wall; stated that proposed Resolution No. 04R-1702 indicates a length not to. exceed 98 feet; and asked the reason for the discrepancy? Ms. Tignor stated that a survey difference of the shoreline existed at one point; that two different surveys have been performed for the project; that the proposal was to create a shoreline parallel structure prior to her involvement; that the project has since been revised to include returns on each side of 12 feet; that the two 12 feet returns were added to the 74 feet of shoreline which resulted in a total of 98 feet. Vice Mayor Servian stated that verification from EDEP indicating approval should be provided. Attorney Ulrich stated that no such document is available at this time; that the requirement is de minimus and would not be a problem. Mr. Litchet stated that the requirement would be considered de minimus; that generally a person submits a short letter of exemption. Ms. Tignor stated that a person submits a letter of exemption proving exemption from the State requirement for a permit as the location of the structure is not within any jurisdictional vegetation and is located landward of the mean high water line, which is the State's jurisdiction line if no vegetation exists which would create a jurisdiction line landward of the mean high water line. Attorney Ulrich stated that the present situation fits within the requirements. Mayor Martin asked for further clarification of the environmental benefits. Ms. Tignor stated that concrete rubble on the blocks may not serve the same kind of compatibility with the environment; that the material composition and the un-uniformity of the rocks in size and material are compatible with the environment sO habitat can find a way into the gaps and cracks in the natural rock revetments. Attorney Ulrich stated that continuous repairs would be required if the material is not bolstered, necessitating bringing back the machinery for the repairs and impacting the environment; that the hope is not to require coming back with regularity if proposed Resolution No. 04R-1732 is approved; that the Board of Adjustment adopted two Resolutions in October 2002 for property on Whitaker Lane for which variances were sought from the same section of the Zoning Code (2002 Ed.) for setbacks and heights slightly higher than the five foot level; that historically, the BOOK 56 Page 27912 05/17/04 2:30 P.M. BOOK 56 Page 27913 05/17/04 2:30 P.M. City has encouraged people to protect the shorelines of their property; that the Board of Adjustment working in conjunction with the Commission has approved similar projects in the past; that the City is requested to do SO again. Vice Mayor Servian stated that the difference of the 17 feet in length is still a concerni that a comfort level has not been attained of the additional length being acceptable without documentation from FDEP; that Staff can indicate whether a comfort level has been reached to move forward at the current meeting or to wait until the letter of exemption is received. Mr. Litchet stated that the Zoning Code (2002 Ed.) requires the Applicant prove all State and Federal permits have been received prior to issuance of a building permit for the structure; that the Commission is encouraged to go forward with the approval at the current meeting due to the de minimus nature of the change; that the Applicant will still be required to prove the granting of the exemption before receiving the building permit. Vice Mayor Servian stated that the requirement provides a comfort level. Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1732 by title only. On motion of Vice Mayor Servian and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution No. 04R-1732. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 26. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4546, TO AMEND ORDINANCE NO. 86-2976 sO AS TO SUBSTITUTE A CORRECTED LEGAL DESCRIPTION FOR THE PORTION OF THIRD STREET LYING EAST OF EAST AVENUE AND WEST OF HALTON ROAD WHICH WAS VACATED BY ORDINANCE NO. 86-2976; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF, '; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM XIV-A-3) CD 9:03 through 9:05 Mayor Martin opened the public hearing. Michael Connolly, Attorney, City Attorney's Office, came before the Commission and referred to a map of the subject property displayed on the Chamber monitors; and stated that the property on Fruitville Road, East Avenue, and Third Street is the old stottleye/Schumacher Cox Lumber property; that a street vacation which was part of the realignment of Third Street and Fruitville Road was approved by adoption of Ordinance No. 86-2976; that the adjoining property owner is in the process of selling the property; that the surveyor for the buyer of the property noticed an error in the legal description in the Ordinance No. 36-2976 which vacated the section of Third Street; that the error was mathematical; that as a result, closing on the parcel was delayed; that the issue was forwarded to the City Engineer; that the Engineering Department has reviewed the documentation and has determined the legal description in proposed Ordinance No. 04-4546 is correct; that proposed Ordinance No. 04-4546 deletes the legal description in Ordinance No. 86-2976 and replaces the deleted legal description with the corrected version. Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4546 by title only. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to pass Ordinance No. 04-4546 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. Mayor Martin requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the next four quasi-judicial public hearings before the Commission relate to land use applications of various kinds which will involve an Applicant, the City, and input from the public if interested citizens sign up; that the requirements of quasi-judicial public hearings were defined by the judicial process; that during 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 time limits will be established at the BOOK 56 Page 27914 05/17/04 2:30 P.M. BOOK 56 Page 27915 05/17/04 2:30 P.M. appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that the Applicant and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Martin stated that hearing the Commission's agreement, the time limits are approved. 27. QUASI-JUDICIAL PUBLIC HEARING RE: APPEAL OF APPROVAL WITH CONDITIONS OF A PROVISIONAL USE PERMIT PURSUANT TO APPLICATION NO. 04-PUP-01 FOR AN OPEN AIR MARKET LOCATED AT 2051, 2067, AND 2077 DR. MARTIN LUTHER KING, JR., WAY - APPROVED THE PROVISIONAL USE PERMIT APPLICATION NO. 04-PUP-01 (AGENDA ITEM XIV-B-1) CD 9:05 through 9:45 City Attorney Taylor stated that the recommendation is to allow five minutes for the Applicant's presentation and two minutes for rebuttal; that the City will have five minutes for presentation and two minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have three minutes to speak. Mayor Martin requested that Commissioner ex parte communications, if any, be disclosed. Mayor Martin, Vice Mayor Servian and Commissioners Atkins, Bilyeu, and Palmer stated that no ex parte communications have occurred. Mayor Martin opened the public hearing regarding the appeal of approval with conditions of Application No. 04-PUP-01 for an open air market located at 2051, 2067, and 2077 Dr. Martin Luther King, Jr., Way (Dr. MLK Way). Timothy Litchet, Director of Building, Zoning and Code Enforcement, and Lonnie Ward, Applicant, came before the Commission. Mr. Litchet stated that in the second 2003 cycle for zoning text amendments, an amendment was processed which allowed for open air markets by way of a provisional use permit; that the amendment was specifically approved by the Commission on January 20, 2004; that the property which is subject to the provisional use permit was rezoned to the Commercial General (CG) Zone District on February 2, 2004; that an application for a community open air market with a 30 booth limitation has been submitted and approved; that the site plan which has been submitted and approved is consistent with the representations made during all the numerous public hearings which involved the zoning text amendment and the rezoning. Mr. Litchet continued that the open air market has been supported by the Newtown Community as a way to enhance economic development and as an incubator for small businesses; that discussions were held with John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department, in the Newtown corridor, who has assured Staff the proposal is consistent with the redevelopment plans for the area; that the approved plans were reviewed by Staff; that Staff feels the plans meet the safety standards and the Americans with Disabilities Act (ADA) requirements; that the creation of positive economic growth in the Newtown area is critical; that the concept has been thoroughly reviewed during numerous public hearings. Mr. Litchet continued that the Appellant, when trying to resolve the situation, felt creating activity in the area would be negative; that activity is going to create positive energy; that the vendors will not be successful if acting in a manner which causes problems or in a manner other than embraced by the Community; that the permit is a provisional use permit; that the permit can be revoked if the operator does not operate according to the rules; that the Commission should be aware of the many instances work has been performed with Lonnie Ward in the past; that Mr. Ward's ability to operate the open air market in a positive manner is believed; that Mr. Ward knows Staff can be tough when necessaryi that sensitivity is directed towards quality of life issues; that Mr. Ward has assured Staff the operation will be first Class and will operate completely in accord with the provisions of the provisional use permit. Commissioner Atkins stated that regarding ex parte communications, a conversation was held with a gentleman who stated a complaint had been filed; that the gentleman's name is not known; that the discussion was regarding the appeal of the open air market. Mr. Litchet referred to a drawing of the proposed open air market displayed on the Chamber monitors and stated that an alley and a residential area abut the open air market; that a BOOK 56 Page 27916 05/17/04 2:30 P.M. BOOK 56 Page 27917 05/17/04 2:30 P.M. residential area is in the back; that the Appellant's property is over on the side; that a 30-booth open air market has been designed; that a curb cut was placed for ingress/egress; that merchant parking is in the back; that a turn-around will be in the alley; that the Engineering Department requested the construction of the alley; that a proposed office trailer will be installed; that a restroom will be installed; that conversations were held with Staff regarding the installation of portable toilets; that the restrooms will be a pull-in trailer type of restroom; that the toilet area can be closed and locked up and attached to water; that the facilities will be ADA accessible; that a proposed concrete walkway will be installed in front of the property; that the dumpster facility will be brought in; that a six-and-a-half foot concrete wall will be constructed around the dumpster pad; that the dumpster will be serviced off of Dr. MLK Way; that the standards of the open air market are found in the Zoning Code (2002 Ed.); that the operations of the open air market must be in conformity as part of the approval; that the established vendor hours must be followed; that adequate sanitary facilities, safe ingress and egress, parking spaces for the retail vendors, regulation of signs, music, and noise, as well as operating in accordance with the approvals are all provisions of the open air market. Mark Holmes, North Star Development, Inc., Appellant, came before the Commission and stated that he spoke with Commissioner Atkins on the telephone; that the area by the restroom and dumpster is a concern; that North Star Development, Inc., owns a small eight-unit apartment complex next door called Wolf Ridge Court; that nuisance abatement has been a previous concern as Past President of the Sarasota Landlord's Association for three years; that on the west side of Dr. MLK Way, King's Way Apartments later became Rainbow Village; that North Star Development, Inc., made an offer to purchase the properties for redevelopment; that the two buildings which are now Wolf Ridge Court have very strict requirements; that a person with a criminal record cannot live on the property for at least eight years; that one of the apartments was open to the Sarasota Police Department as the City limit stops at the railroad tracks; that police visibility was desirable in the particular area; that the desire is not to put a stop to the open air market if the City and area would benefit; that the concerns are the installation of a public restroom and dumpster right next to the property; that the construction of the wall around the dumpster is good; that the open air market was first described as a bazaar; that a farmers' market indicates fruits, vegetables, and other items, which would be discarded into the dumpster; that the tenants should not have to live next to a dumpster which smells bad in the heat of summer. Mr. Holmes continued that past experience is public restrooms can be broken into if locked; that the element on the west side of Dr. MLK Way can come over to the dumpster and restroom; that police officers come down the street; that alcohol and other things can be thrown into the dumpster and flushed down the toilet; that the concern is a pocket of people who may come and congregate at night and disperse when the police officers show upi that tenants are concerned with noise; that tenants are also concerned with retaliation for speaking up against the open air market; that an older couple resides at the apartments; that the desire is for the residents to feel safe and secure; that the hope is the open air market could be kept; that the restrooms and dumpster could possibly be moved away from the apartment buildings to provide a comfort level with safety and assure no odors; that the plans do generate the opportunity for people to congregate inside a walled area. Lonnie Ward, President, United Land Alliance, African American Economic Development Council, Applicant, came before the Commission and stated that the motivation of economic growth for the community is desired; that a lifetime has been spent in the Newtown area; that discussions were held with Mr. Holmes; that attempts to stop the economic growth taking place is questioned; that the Newtown Community lost 90 percent of the businesses in the area since integration; that the open air market is an attempt to try to enjoy a return of a positive atmosphere to share with the community for business growth; that any question of creation of a positive atmosphere is suspect; that a significant price was paid over the past almost two years to make something happen with the property; that the property was acquired six or seven years ago; that the property went through the rezoning process; that a positive redevelopment plan was created in an area in need; that the appeal should be denied. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to continue the meeting until the completion of the Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. The following people came before the Commission: BOOK 56 Page 27918 05/17/04 2:30 P.M. BOOK 56 Page 27919 05/17/04 2:30 P.M. Reverend Jerome Dupree, 1432 17th Street (34234), stated that being before the Commission is a privilege; that he grew up in the City; that many businesses have opened and eventually closed in the Newtown area; that a plan was created along with Mr. Ward to bring businesses back to the Newtown area; that Mr. Ward has been working very judiciously to help bring business to the Newtown area along the US 301 corridor for over three-and-a-half years; that the North Sarasota Open Air Market is a precursor to bringing in other businesses which would be beneficial to Newtown and the entire City; that the City and Staff are commended for working with Mr. Ward to get to the present point; that Mr. Ward has been working very hard to comply with the requirements of the Cityi that Staff has worked hard with Mr. Ward to make the project successful; that enough evidence has been shown to show the need for the market which would be open to people in Newtown and other parts of the Cityi that the decision is up to the Commission. Izetta Fields, 2056 28th Street (34234), stated that she was born and raised in the City, graduated in 1965 from Booker High School, graduated from Nursing School Vo-Tech at the time Proctor Road did not go all the way through; that she was employed with the Sarasota County School Board for 25 yearsi that numerous changes have been seen; that the construction of Interstate (I) 75 and The Meadows Country Club and all the progress east of I-75 has been seen; that the ability to walk down 27th Street/Dr. MLK Way and get all the necessities such as food, clothing, medicine, a doctor, and a taxicab is remembered; that the Winn-Dixie grocery store came in; that competition with the bigger chains was not possible; that an open air market in the area is supported by the residents in Newtown; that the open air market is welcomed and needed; that every neighborhood has stores, libraries, etc.; that Lakewood Ranch now has a school; that attendance of the celebration at the Van Wezel Pertorming Arts Hall (VWPAH) of US Supreme Court decision in Brown versus the Board of Education is desired; that instead the social and economical barriers of injustice are still being fought at the current meeting; that a share in the freedom of justice, opportunity, and other principles for which the nation is founded is desired; that the open air market is necessary; that the appeal should be denied. There was no one else signed up to speak. Mayor Martin requested Mr. Holmes to come forward for rebuttal. Mr. Holmes came before the Commission and stated that the open air market is not opposed; that the open air market is welcomed; that the concerns are the placement of the public restroom, the dumpster, and potential underlying problems with the North Star Development, Inc., property; that the structure will not be permanent; that the structure will not be a portable toilet; that the wall could potentially hide criminal activity; that the noise could reverberate off the concrete walls; that the structure could possibly create problems for the nearby residents; that the structures could be moved closer to the railroad tracks and closer to Dr. MLK Way sO the people in the back and in the apartment buildings would not have problems; that the goal is to assure a safe, drug-free apartment complex; that the preservation of the safety of the apartment complex is the goal; that an effort is not being made to stop the open air market; that avoiding potential problems is the goal. Mayor Martin requested that the Applicant come forward for rebuttal. Mr. Ward came before the Commission and stated that countless hours were spent with engineers and building officials; that the services were analyzed regarding the placement of every particular item on site; that Mr. Litchet asked Staff from every department the best selection for the design; that the design was created according to service and water; that the restrooms will be better than the restrooms in the apartments; that Mr. Holmes should not worry about the new construction project which is a temporary application of economic opportunity for the growth to a greater project; that the community requires a permanent major shopping opportunity; that the construction of business opportunities in the area is desired; that the open air market will be used to start the growth of business, hopefully resulting in placement of permanent positions; that the construction will be stable; that the open air market will have running water and electrical service; that every City requirement will be met. Mr. Litchet came before the Commission and stated that the reason for the restroom placement is due to the availability of the services at the present time; that moving the services would be extremely expensive and would change the curb cuts; that Mr. Ward would have to go back through and redo curb cuts. Mr. Litchet referred to a drawing of the open air market displayed on the Chamber monitors indicating the location of a small office and small restroom facility; and stated that the restroom facility BOOK 56 Page 27920 05/17/04 2:30 P.M. BOOK 56 Page 27921 05/17/04 2:30 P.M. is prefabricated; that the doors are lockable; that the restrooms will be ADA accessible; that the situation appears secure; that the weekend market should bring more positive energy and result in less crime in the area; that generally vacant lots and vacant areas breed crime; that Mr. Holmes' comments are understood; that the project will work as a temporary type provisional use situation; that issues such as not emptying the garbage can be alleviated; that Public Works can be contacted to pick up the garbage on an accelerated schedule; that the open air market deserves the chance to succeed rather than making the open air market financially unfeasible; that the provisional use permit can be modified if improper management and problems arise; that the only other area which utilizes provisional use permits are sidewalk cafes; that commercial bingo establishments also utilized provisional use permits for a limited period of time; that a process exists to handle problems if any should occur; that no problems are anticipated. Vice Mayor Servian asked if the six-and-a-half foot wall will be solid? Mr. Litchet stated that the original plan was for a six-and-a-half foot stockade fence; that a concrete block wall could be constructed if necessary. Vice Mayor Servian stated that the Crime Prevention Through Environmental Design (CPTED) principles do not support construction of solid walls; that law enforcement should be able to observe any activity. Mr. Ward stated that the entire front would be visible. Mr. Litchet referred to a drawing of the proposed open air market displayed on the Chamber monitors and stated that the two sides would have walls constructed which should protect Mr. Holmes' property; that a police officer would still have visibility from all angles. Mr. Ward stated that an awareness of not wanting to block law enforcement officers was taken into consideration in creating the plans; that all areas would be visible from the street. Vice Mayor Servian stated that the next question concerns the garbage dumpster; that the produce vendors at the Farmers Market on Pineapple Avenue remove the trash on the same day of setting up sO no odor or rodent potential exists; and asked if the uses will include produce vendors in the individual stalls? Mr. Ward stated that the amount of garbage would be minimal enough for proper disposal; that the produce vendor had his own trash can before the site was vacated; that the produce vendor was at the particular site for approximately 15 years. Commissioner Bilyeu asked if a barrier such as a fence previously existed between the project and the multifamily residential area? Mr. Litchet referred to a drawing of the proposed open air market displayed on the Chamber monitors and stated that no barrier exists in the two areas indicated. Commissioner Bilyeu asked if a barrier is required to buffer the residential area? Mr. Ward stated that the intention is to erect a barrier; that the preference is making the area invisible to the residents at the apartment sO a fence will be built; that the fence will be constructed even though the fence is not part of the commitment. Commissioner Bilyeu asked if the trucks are allowed to back in and out of streets to pick up dumpsters? Mr. Litchet stated that the garbage truck drivers preferred to pick up the dumpster from the street; that the alley is not wide enough for the trucks. Commissioner Bilyeu stated that the placement of the dumpster is in the center of more people than if placed at one end; that the waste is a concern; that the restroom is fine in the manner configured; that the Farmers Market can produce businesses; that the proprietor of Picasso's Moon formerly was a Farmers Market vendor and now has a large building on Lemon Avenue; that Mr. Holmes stated under oath of the desire not to stop the open air market; that the concerns expressed are legitimate. Commissioner Atkins stated that two sides of the enclosure around the garbage dumpsters will be brick; that the brick could be turned sideways to provide visibility and ventilation; that the visibility problem can be resolved with some thought; that the project has been a long process and is ready for commencement; that the hope is the project can be resolved for both sides; that the option of going back to the table and reorganizing or closing down the open air market safeguards the operation; that an BOOK 56 Page 27922 05/17/04 2:30 P.M. BOOK 56 Page 27923 05/17/04 2:30 P.M. important part of the project was the utilities at the corner; that the utility company did not run the utilities all the way to the railroad tracks due to the City limits; that the utilities stopped right in the area; that the project suddenly became a totally different type of venture; that the project is encouraging. There was no one else signed up to speak and Mayor Martin Closed the public hearing. City Attorney Taylor stated that the issue before the Commission is an appeal from the City Manager's Office; that the Agenda Request correctly indicates the proper procedure which is to approve the Provisional Use Permit. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to approve the Provisional Use Permit Application No. 04-PUP-01. Mayor Martin stated that the standards to which Mr. Holmes manages his property is appreciated; that the concerns are legitimate; that the support of the project is appreciated; that the assurance has been provided the projeçt will not create a nuisance in the area; that City Hall will ensure the Provisional Use Permit is enforced in such manner. Mayor Martin called for a vote on the motion to approve the Provisional Use Permit Application No. 04-PUP-01. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 28. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 04R-1751, APPROVING THE APPLICATION FOR DEVELOPMENT APPROVAL FILED BY THE SARASOTA-MANATEE AIRPORT AUTHORITY TO ALLOW A SUBSTANTIAL DEVIATION FROM A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT TO PERMIT EXPANSION OF THE SARASOTA- - BRADENTON INTERNATIONAL AIRPORT AS MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS; SETTING FORTH CONCLUSIONS; STATING CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NO. 03-DRI-01, APPLICANT SARASOTA-KANATEE AIRPORT AUTHORITY) ADOPTED (AGENDA ITEM XIV-B-2) CD 9:45 through 10:07 Mayor Martin stated that proposed Resolution No. 04R-1751 is to approve the application for development approval filed by the Sarasota-Manatee Airport Authority to allow a substantial deviation from a previously approved Development of Regional Impact (DRI). City Attorney Taylor stated that the recommended time limits are to allow the Applicant ten minutes for the presentation with five minutes for rebuttal, the City five minutes with three minutes for rebuttal, and the public three minutes to speak; that no one has filed for certification as an Affected Person. Mayor Martin stated that hearing no objections, the recommended time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Palmer stated that a brief conversation regarding US 41 and University Parkway was held with Fred Piccolo, President and Chief Executive Officer, Sarasota-Bradenton International Airport, before the current meeting. Mayor Martin opened the public hearing and called the Applicant forward to make the presentation. Fred Piccolo, President and Chief Executive Officer of the Sarasota-Bradenton International Airport; Dan Bailey, Attorney, Law Firm of Williams, Parker, Harrison, Dietz & Getzen, General Counsel for the Sarasota-Manatee Airport Authority (Airport Authority), and Kelly LaVino, MEA Group, Agent, came before the Commission. Attorney Bailey stated that Frank Fulsom Smith, the proposed developer for the Innovation Green project, the major component of the portion of the project in the City, and Frank Gurney, a member of the Airport Authority, who lives in Venice, Florida, are present in the audience for questions if desired. Attorney Bailey stated that the project began in 1985 when the City of Sarasota, Sarasota County, and Manatee County approved separate DRI development applications for the project currently known as the Main Terminal Project; that additional approvals relating to the runway extension of the main runway were approved in the year 2000; that the expansion of the terminal has not gone forward as the passenger traffic levels have not risen to an acceptable level to justify the expansion; that some out-parcel development in Manatee County on US 301 and US 41 has gone forward; that the portion of the project on US 301 has gone BOOK 56 Page 27924 05/17/04 2:30 P.M. BOOK 56 Page 27925 05/17/04 2:30 P.M. forward; that the Executive Summary included in the Agenda Backup provides a satisfactory summary of the project; that the portions of the project in the City should be emphasized; that the development parcels are located at the northeast corner of the Sarasota-Bradenton International Airport Road. Attorney Bailey continued that University Parkway is the site of the project called Innovation Green; that the Innovation Green project consists of a 200 room hotel, a 150 seat restaurant, and 200,000 square feet of office space; that a conversion table is proposed which has the flexibility to shift to other uses as long as certain traffic impact tolerances are sustained; that the project has enough flexibility to respond to market conditions; that an airport maintenance warehouse facility is located to the east of the Old Bradenton Road extension which was vacated a couple of months ago by the Commission; that the facility is located in the airport parcel which includes all the property inside the fence of the main airport; that Innovation Green is in a parcel called Out-Parcel No. 5; that portions of the project are in Manatee County; that the intensity of the regional impacts of the project are understood since approval of a DRI is required; that Out-Parcel No. 1 which is located on the east side of US 301 is the golf driving range; that some recent development has already occurred on Out-Parcel No. 2; that a shift from Phase One to Phase Two is being accelerated; that on the US 41 side are Out-Parcel Nos. 3 and 4 which are near Dolphin Aviation; that a new out-parcel is north of Tallavast Road which will be some additional industrial development eventually; that some property of the Innovation Green project may require rezoning; that the property was the subject of an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) a few years ago; that the project and amenities were presented at the time; that the project must comply with all other local zoning issues including concurrency. Attorney Bailey further stated that the maintenance building will replace the existing maintenance facility located on the west side of US 301 near the Air Operations area inside the fence; that the project is non-controversial compared with some other projects brought before the Commission particularly back in 1985; that the project is all non-aviation type activities. Commissioner Palmer referred to Section 4( (G) of proposed Resolution No. 04R-1751 as follows: Phase 2 approval shall not be granted without Section 380.06, Florida Statutes, review of affordable housing generated by the expanded project. Commissioner Palmer continued that no housing is in the project at all other than the hotel. Attorney Bailey stated that the same question was asked by the Sarasota Board of County Commissioners (BCC) recently; that if office or industrial development is being constructed, the question relates to the housing of the people employed at the new businesses; that the Department of Community Affairs has been interested in determining if a sufficient supply of affordable housing exists; that studies must be performed to prove affordable housing exists within reasonable distance to the site; that the standard of determining the distance traveled to reach the affordable housing is different than the community standards; that a study was performed as a. part of Phase One; that a similar study must be performed for any type of DRI and will be required as a part of Phase Two. Commissioner Palmer stated that affordable housing is not part of the project. Attorney Bailey stated that the requirement is not to provide affordable housing on the site; that the requirement is to have enough affordable housing in Palmetto, Florida, and Newtown and the City. Commissioner Palmer stated that the requirement is not clear; that contradictions are a concerni that statements are included in the Agenda backup material indicating the improvements along US 301 and University Parkway will occur in 2004; that increased cost issues have occurred sO the Sarasota/Manatee Metropolitan Planning Organization (MPO) may not construct the improvements; and asked the impact on the project if the improvements do not go forward? Attorney Bailey stated that the issue will be explained for the benefit of the Commissioners who are not currently serving on the MPO and may not be aware of the situation; that a potential concurrency problem exists at US 301 and University Parkway; that the problem is of such magnitude as to stop any development in the area, airport or otherwise, within several miles of the intersection; that the issue is of regional concern to Sarasota and Manatee Counties, Florida Department of Transportation BOOK 56 Page 27926 05/17/04 2:30 P.M. BOOK 56 Page 27927 05/17/04 2:30 P.M. (FDOT), and the Sarasota-Pradenton International Airport; that the Sarasota-Bradenton International Airport was able to secure funds for $1.65 million, originally designated for an overpass which would have cost $25 to $30 million; that instead an at-grade intersection improvement project costing $5.5 million will be constructed; that the airport was able to re-apply the funds received; that the costs would be approximately $9 million and would exceed the funds available; that the parties are still struggling over the issue; that the airport has already secured the funds; however, the airport also has a problem with grant agreements which preclude the airport from applying airport grant funds to non-airport improvements beyond the fair share of participation, which is approximately $250,000; that the airport has secured grant funds in excess of $1 million; that the entities are struggling with the issue; that the Innovation Green project will not go forward as concurrency cannot be met if the funding is not resolved; that confidence is had in the projects which are equally important to Innovation Green; that the entire portion of the County will come to a standstill if the concurrency problem is not addressed in some fashion; that a team effort is required to handle the problem. Commissioner Palmer asked if the DRI approval requested for the Airport uses will be affected and if Innovation Green or other projects will have to meet concurrency at a later time if the DRIs are approved? Attorney Bailey stated that the Sarasota-Manatee Airport Authority has a certain number of vested traffic trips based on prior approval; that the traffic generated by Innovation Green goes further than the vested trips; that none of the plans would supercede the local government concurrency regulations. Mayor Martin requested that Staff come forward for the presentation. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that the funding problem was not known; that everything was acceptable for the intersection improvement at the time the report was written; that the request for approval of the DRI was reviewed by City Staff as well as Manatee County and both the Regional Planning Councils; that a 360 degree analysis of traffic conditions around the airport was considered; that the University Parkway/US 301 intersection was a concern; that all other intersections were in tolerable limits; that further analysis will be necessary on City streets at the time the site plan for Innovation Green is presented; that the discussions began approximately two years agoi that the different jurisdictions have held numerous meetings; that the University Parkway/US 301 intersection was the major problem; that the implications of not resolving the problem with the intersection are much greater than the project proposed at the current meeting; that a Conditional Use and Site Plan approvals for both projects within the City, both the new warehouse and maintenance building, in Innovation Green are requested; that Innovation Green is being proposed as a multiphase project; that the increments would begin small and go into three or four final steps afterwards; that Section 4.16 of proposed Resolution No. 04R-1751 has standards of review similar to those used for a Conditional Use or a rezoning and requires a consistency analysis with the City's Comprehensive Plan which is the first part of the report and follows the Executive Summary included in the Agenda backup material; that normally for Conditional Uses and rezonings, a requirement is for a neighborhood meeting; however, no testimony was presented at the Planning Board/Local Planning Agency (PBLP) hearing; that the public has not come forward and objected. Mr. Hoglund continued that from a technical standpoint, one issue which was debated was for providing water and sewer service; that the City can provide the service to the Innovation Green project and to the maintenance building; that the option is available to obtain the services from Manatee County if the services come in at less cost; that the decision regarding water and sewer service will be part of the review process for Innovation Green; that from the level of service standard the proposed improvements in the City and in Manatee County are consistent with the City's Comprehensive Plan except for the University Parkway/US 301 intersection which will be handled some time in the future. Vice Mayor Servian asked if the Indian Beach Sapphire Shores, the Uplands, and the Bayou Oaks neighborhoods are aware of the proposal? Mr. Hoglund stated that he does not know. Commissioner Palmer stated that a meeting to which the neighbors were invited was held by Frank Fulsom Smith regarding Innovation Green. BOOK 56 Page 27928 05/17/04 2:30 P.M. BOOK 56 Page 27929 05/17/04 2:30 P.M. Mr. Hoglund stated that the thought was the meeting was held in association with the City's Comprehensive Plan amendment. Commissioner Palmer stated that the people discussed the project. Mr. Hoglund stated that the people are aware of the project; that no neighborhood meetings sponsored by the Neighborhood Department since the application was filed have been held. Vice Mayor Servian stated that the assurance the people in the area are aware of the project is important. Mr. Hoglund stated that the indications in the Staff report indicated awareness of the project at an earlier date when the City's Comprehensive Plan was being amended. Mayor Martin stated that awareness was had of Mr. Smith introducing the idea to the neighborhoods at the time. Commissioner Palmer referred to the summary of the City's Comprehensive Plan Consistency Analysis under Transportation the City Engineer's Office had determined the proposed project meets any concurrency standards; and stated that vehicular and pedestrian circulation will be adequate; however, earlier in the summary comments by the DRC indicating the traffic analysis prepared by Kimley-Horn was not sufficient for determining whether either of the projects would meet City concurrency standards; that a contradiction is apparenti that no date exists sO the date is unknown; that the fact something was done to change the circumstances is unknown and requires further clarification. Mr. Hoglund stated that the recollection is of two levels of analysis; that one level is 360 degrees around the airport propertyi that the understanding at the time was the funding for the required improvements was in place; that the intersection would be improved; that the project is acceptable from a regional perspective; that further analysis of the area to the south would be required once the site plan was filed and the project was being looked at from a local standpoint. Commissioner Palmer stated that the statements appear contradictory. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Planning Staff's explanation of the situation is correct; that the broader perspective is the improvements to the intersection of University Parkway and US 301 are required as part of the DRI. Commissioner Palmer stated that the project will be sent on to other agencies as required; that the contradiction from the City regarding concurrency is a concern. Mr. Hoglund stated that the record from the current meeting would be available to clarify the discussion; that a correction could be included for clarity. Commissioner Palmer stated that the point is in the record. Mr. Hoglund stated that on May 14, 2004, Robert Fournier, Attorney, City Attorney's Office, circulated a revision of Resolution No. 04R-1751 which had four changes; that the map which is essential to the document was omitted; that the document is introduced into the record as Attachment B of proposed Resolution No. 04R-1751; that the Commission is being requested to adopt a modified development order for the Sarasota-Bradenton International Airport which includes projects in and outside of the City. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1751 by title only. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to adopt proposed Resolution No. 04R-1751. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 29. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4527, TO REZONE PROPERTY LOCATED AT 1501 NORTH ORANGE AVENUE FROM THE MEDICAL CHARITABLE INSTITUTIONAL (MCI), RESIDENTIAL MULTIPLE FAMILY-1 (RMF-1) AND THE INDUSTRIAL LIGHT WAREHOUSING (ILW) ZONE DISTRICTS TO THE OFFICE REGIONAL DISTRICT (ORD) ZONE DISTRICT; ; SAID PROPERTY COMPRISING THE CAMPUS OF THE PINES OF SARASOTA, INC. / BOOK 56 Page 27930 05/17/04 2:30 P.M. BOOK 56 Page 27931 05/17/04 2:30 P.M. CONSISTING OF APPROXIMATELY 17 ACRES; APPROVING SITE PLAN APPLICATION NO. 04-SP-11 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING DEPICTING CONSTRUCTION OF PHASE I OF THE CAMPUS MASTER PLAN FOR PINES OF SARASOTA, INC.i PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 04-RE-05 AND 04-SP-11, APPLICANT DONALD M. LAWSON, AIA, LAWSON GROUP / INC. / AS AGENT REPRESENTING THE PINES OF SARASOTA, INC. F/K/A SARASOTA WELFARE HOME, INC., AS OWNER) PASSED ON FIRST READING (AGENDA ITEM XIV-B-3) CD 10:08 through 10:19 Mayor Martin stated that proposed Ordinance No. 04-4527 is to rezone property located at 1501 North Orange Avenue which comprises the campus of The Pines of Sarasota, Inc. City Attorney Taylor stated that the recommended time limits are seven minutes for the Applicant with five minutes for rebuttal; that the City will have five minutes with three minutes for rebuttal; that the public will have three minutes to speak; that no one has filed for certification as an Affected Person. Mayor Martin stated that hearing the Commission's agreement, the recommended time limits are approved and requested Commissioner ex-parte communications, if any. Mayor Martin, Vice Mayor Servian, and Commissioners Atkins, Bilyeu, and Palmer stated that no ex parte communications have occurred. Mayor Martin opened the public hearing and requested the Applicant come forward for the presentation. Donald Lawson, American Institute of Architects (AIA), of the Lawson Group, Inc., as agent for the Pines of Sarasota, Inc., came before the Commission and stated that the Pines of Sarasota began in the City in 1948 and is one of the more valuable organization in the community; that the application is to rezone the 17 acres presently in three different Zone Districts which are the Medical, Charitable, and Institutional (MCI), Residential Multiple Family-1 (RMF-1), and Industrial, Light and Warehousing (ILW) Zone Districts; that the Commission is asked to rezone the property to the Office Regional District (ORD) Zone District as recommended by Staff; that the application is to approve a proffered site plan which would allow for the replacement of some aged, obsolete buildings on the campus; that six existing buildings are completely out of date and require replacement; that constructing a new 60-bed dementia wing, a new 2-story 122 skilled nursing facility, and a minor renovation to Building 17 is desired; that residents will not be displaced during the project; that adherence to strict guidelines of the Agency for Healthcare Administration is required; that the plan was developed sO no residents will be displaced; that the number of residents will not increase. Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission, referred to the Staff report indicating reasons for approval included in the Agenda backup material; and stated that a public hearing was held by the Planning Board/Local Planning Agency (PBLP) on April 14, 2004; that the PBLP recommended approval of the rezoning, the minor Conditional Use, and the site plan by a vote of 4 to 0; that Staff recommends approval. Commissioner Palmer referred to the minutes of the April 14, 2004, PBLP meeting as follows: Mr. Shelin said there has been a lot of discussion lately about the street grid pattern and punching through 17th Street. Also, the only portion of 12th Street that is not connected is the portion that was vacated to the Pines some years ago. Commission Palmer stated that the point is interesting; that obviously, the site plan goes over the 12th Street vacation; that the project is the only area which blocks 12th Street from being through to the entire grid system; that the Engineering Department reviewed transportation concurrency and was of the opinion 12th Street was not needed at this time; that 12th Street will never continue through if the building is constructed; and asked for clarification as to if 12th Street would be required for transportation concurrency in the future? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the phrase "at this time" could be deleted. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4527 by title only. BOOK 56 Page 27932 05/17/04 2:30 P.M. BOOK 56 Page 27933 05/17/04 2:30 P.M. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 04-4527 on first reading. Commissioner Atkins stated that 17th Street is remembered once again; that 17th Street runs to the north of the propertyi that the Pines of Sarasota has always been an incredible neighbor; that the Pines of Sarasota should be supported; however, the Commission heard Staff indicate 12th Street is not needed to go through the area which is an ILW Zone District without anyone residing in the area; that the City can supporting constructing a street through an old neighborhood such as 17th Street; that the 17th Street expansion is becoming more offensive as the process continues; that a highway running between a Aindergarten/prescho. complex and a nursing home is not a responsible decision; that the Pines of Sarasota was told the expansion of 17th Street was a certainly; that a facility such as the Pines of Sarasota does not want a highway running through the complex; that the Pines of Sarasota would then have to build a wall; that constructing a facility of 60 beds for dementia and Alzheimer's Disease patients who may roam along a highway would be tragic. Commissioner Atkins continued that the City should reconsider the process rather than wasting money on redesigning 17th Street; that 12th Street was always an option brought to the Engineering Department; that the traffic load which requires sharing in the northern part of the area can be divided with a portion diverted to 12th Street; that part of the area goes through a concrete plant; that the community was sold a bill of goods which was not the truth; that the issue has been proven repeatedly; that Staff misled the community, the Pines of Sarasota, and Children First; that Staff says the grid system does not require the use along 12th Street; however, US 41 can be justified going through 17th Street without any consideration or hesitation; that doing sO is wrong and will always be wrong. Mayor Martin stated that the possibility of redesignating 17th Street as US 41 has been refuted numerous times by the Commission and therefore by Staff; that a Project Development & Environmental (PD&E) Study is underway which will address many of the concerns of the Commission regarding the historic nature of the area as well as the archaeological and environmental concerns; that the Commission will review the report and consider all the facts presented. Commissioner Atkins stated that the process is constantly being defended; that 17th Street was sold as a redesignated US 41; that the Commission's prior actions are known; that the Commission's subsequent actions are known; that the process was sold to the community; that nothing would happen along 17th Street but a casual four-lane street with a parkway-like atmosphere which was actually being planned as a four-lane highway comparable to US 41; that the project looks like a highway no matter the designation of the roadway. Mayor Martin called for a vote on the motion to pass Ordinance No. 04-4527 on first reading, and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Servian, yes; Atkins, no; Bilyeu, yes; Martin, yes; Palmer, yes. 30. QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 04-4549, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1944 MORRILL STREET, I HISTORICALLY KNOWN AS THE LEMONT HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN, / ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM XIV-B-4) CD 10:19 through 10:24 Mayor Martin stated that proposed Ordinance No. 04-4549 is to designate the structures located at 1944 Morrill Street historically known as the Lemont House as structures of historic importance. City Attorney Taylor stated that the recommended time limits are five minutes for the Applicant with two minutes for rebuttal; that the City will have three minutes with two minutes for rebuttal; that the public will have three minutes; that no one has filed for certification as an Affected Person. Mayor Martin, Vice Mayor Servian and Commissioners Atkins, Bilyeu, and Palmer stated that no ex parte communications have occurred. Mayor Martin opened the public hearing and requested the Applicant come forward for the presentation. BOOK 56 Page 27934 05/17/04 2:30 P.M. BOOK 56 Page 27935 05/17/04 2:30 P.M. Mikki Hartig, Historical & Architectural Research Services, came before the Commission and referred to a map of the subject property displayed on the Chamber monitors; and stated that she represents the Owner, Brett Jacobsen; that the subject property is located at 1944 Morrill Street just west of US 301; that three buildings exist on the property; that the main structure faces Morrill Street; that a service alley runs behind the property; that the property consists of three buildings including the original house constructed on the site in 1921, and a larger house and garage built in 1928; that Bertwood Lemont, and his wife, Clara Lemont, the original owners, became more successful and moved the smaller house to the rear of the lot; that a larger house was built in 1928; that the house built in 1921 is a rental property which is grandfathered in on the site; that the original garage is located on the service alley which runs parallel with Morrill Street; that the house has only had three owners; that the original owners, the Lemont's, owned the property from 1921 to 1942; that another Owner purchased the property in 1942 and owned the property until 2003; that a substantial amount of work and improvement was put into the property in 2002; that the property is in beautiful condition; that Mr. Lemont's obituary indicated he was the first person to drive an automobile south of Jacksonville, Florida, in the United States in 1905. Ms. Hartig referred to pictures of the subject structures on the Chamber monitors; and continued that the structure is a framed vernacular structure which is self taught building; that an architect probably did not design the building; that the house has wood drop siding; that the structures are in good condition due to the renovation; that Staff from the Sarasota County Department of Historical Resources determined the property possesses integrity of location, design, setting, materials, workmanship and association and is of historical significance; that the Historic Preservation Board met on April 13, 2004, and recommended Commission approval of historic designation for the property based on the following criteria under Section IV-806(A) of the Zoning Code (2002 Ed.) as follows: 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Ms. Hartig continued that the owner at one time was planning to apply for a conditional use for an office in one of the buildings; that the property was sold and the new owners shall reside in the house with no intent for office use. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that the Historic Preservation Board conducted a hearing on April 13, 2004, and heard the report which was summarized; that the Historic Preservation Board recommended approval; that Staff recommends approval as well; that a thorough job of documenting the history of the property was performed; that one issue which is in dispute is regarding the automobile issue; that C.B. Wilson was the first owner of an automobile in Sarasota; that the property is a very worthy candidate for approval. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4549 by title only. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4549 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 31. NEW BUSINESS: DISCUSSION AND DECISION RE: : COMMISSION MEETING SCHEDUIE FOR THE MONTHS OF AUGUST AND DECEMBER 2004 - CANCELLED THE JULY 19, 2004, REGULAR COMMISSION MEETING; RESCHEDULED THE DECEMBER 20, 2004, REGULAR COMMISSION MEETING TO DECEMBER 13, 2004 (AGENDA ITEM XVII-1) CD 10:25 through 10:35 Mayor Martin stated that the request is for discussion and decision of the Commission meeting schedule for the months of August and December 2004; that Commissioner Palmer requested the item be placed on the Agenda. Commissioner Palmer referred to the minutes of the November 3, 2003, Regular Commission meeting at which the Commission requested advice concerning the Commission meeting schedule from the Administration; and stated that most of the Commissioners supported canceling a Regular Commission meeting in July or BOOK 56 Page 27936 05/17/04 2:30 P.M. BOOK 56 Page 27937 05/17/04 2:30 P.M. August 2004; that the question is which week the meeting would be cancelled and if the Commission could do SO. Mayor Martin stated that the discussion at the November 3, 2004, Regular Commission meeting included the possibility of canceling the July 19, 2004, Regular Commission meeting; that the question is the number of items on the Agenda and the recommendation of Administration concerning the best meeting to cancel; and asked the Administration's recommendation? City Auditor and Clerk Robinson stated that canceling the July 19 or August 16, 2004, Regular Commission meeting would be acceptable. Commissioner Palmer asked if the August 2, 2004, Regular Commission meeting could be canceled? City Auditor and Clerk Robinson stated that typically, canceling the August 16, 2004, Regular Commission meeting was preferred by the Commission due to the annual meeting of the Florida League of Cities; that the August 2, 2004, Regular Commission meeting would be acceptable if desired by the Commission. Vice Mayor Servian stated that Commissioner Atkins indicated school starts at the end of the first week in August 2004; that canceling the July 19, 2004, Regular Commission meeting may be preferred to receive a break before school starts. Mayor Martin stated that the Commission Budget Workshops begin July 7, 2004; that the millage will be adopted at the July 9, 2004, Special Commission meeting; that the Budget Workshops are scheduled a week earlier than in previous years. City Auditor and Clerk Robinson stated that the budget will be introduced at the July 2, 2004, Special Commission meeting; that the Regular Commission meeting is on July 6, 2004; that the Budget Workshops begin on July 7, 2004. Mayor Martin stated that due to the 4th of July holiday, the July 6, 2004, Regular Commission meeting is on a Tuesday; that the Budget Workshops begin on Wednesday, July 7, 2004, and continue through Friday, July 9, 2004; that adoption of the millage is scheduled for the Friday, July 9, 2004, Special Commission meeting. Commissioner Palmer stated that a significant amount of work is scheduled the week of July 6 through July 9, 2004; that the Commission should cancel the July 19, 2004, Regular Commission meeting. Commissioner Atkins asked if the next meeting would be the August 2, 2004, Regular Commission meeting? Mayor Martin stated that the best interest of Staff would also be served by canceling the July 19, 2004, as the Budget Workshops will have been completed. Mayor Martin stated that hearing the Commission's agreement, the July 19, 2004, Regular Commission meeting will be cancelled. Commissioner Atkins stated that no Commission meeting should be scheduled the week of July 19, 2004. City Auditor and Clerk Robinson stated that no meetings will be scheduled between the July 9, 2004, Special Commission meeting and the August 2, 2004, Regular Commission meeting. Commissioner Bilyeu stated that canceling the July 19, 2004, Regular Commission meeting is supported. Mayor Martin agreed. Commissioner Palmer stated that the next issue is to consider moving the December 20, 2004, Regular Commission meeting to December 13, 2004; that Staff most likely would desire to take a vacation during the holidaysi; that the December 20, 2004, Regular Commission meeting should be rescheduled to December 13, 2004, if the Commission and the Administration have no objection; that no meetings would be held until the first week of January 2005; that the December 20, 2004, meeting is actually five days before Christmas which is a concern. Vice Mayor Servian stated that Staff would be unduly burdened attempting to attend and plan for Commission meetings which are only a week apart; that a meeting held on December 23, 2004, might be a concern; that five days before Christmas is not a major concern. Commissioner Palmer stated that she cannot attend the December 20, 2004, Regular Commission meeting due to a scheduled vacation; that due to the closeness of the holidays, rescheduling the meeting may be appropriate; that Staff can BOOK 56 Page 27938 05/17/04 2:30 P.M. BOOK 56 Page 27939 05/17/04 2:30 P.M. reschedule the meeting; that notifying the public should not be a problem; that the public will know the Commission's regular meeting schedule. Commissioner Atkins stated that one of the December meetings historically had an Agenda with few items due to the holidays; that moving the December 20, 2004, Regular Commission meeting to December 13, 2004, is acceptable and would allow his family to leave town early if the December 20, 2004, Commission meeting is rescheduled; that the second meeting in December should be reviewed for the number of Agenda items anticipated; that the rescheduling of the December 20, 2004, Regular Commission meeting to the December 13, 2004, date is supported. Mayor Martin stated that the first question is if rescheduling the meeting is reasonable from Staff's perspective on the number of Agenda items and if scheduling the meetings on consecutive weeks is acceptable. City Auditor and Clerk Robinson stated that the number of Agenda items for the December 2004 Regular Commission meeting are not known. Commissioner Palmer stated that items could be scheduled in advance. Commissioner Bilyeu stated that the December 2004 rescheduling may be too far in advance; that the matter could be revisited in September or October 2004 and a vote taken for the entire month; that moving the meeting date is acceptable if okay with Staff. City Auditor and Clerk Robinson stated that the Commission can be accommodated; that a decision at the current meeting is preferred. Mayor Martin stated that a unanimous consensus exists to change the December 20, 2004, Regular meeting to December 13, 2004. 32. NEW BUSINESS: APPROVAL RE: PROPOSED SCHEDULE TO PUT A GENERAL OBLIGATION BOND REFERENDUM ON THE NOVEMBER 2, 2004, BALLOT - DIRECTED THE ADMINISTRATION TO PREPARE A SCHEDULE FOR A MARCH 2005 REFERENDUM FOR ISSUANCE OF A GENERAL OBLIGATION BOND (AGENDA ITEM XVII-2) CD 10:35 through 11:11 Gibson Mitchell, Director of Finance, Finance Department, came before the Commission and stated that the proposed schedule before the Commission is to ensure a referendum for several obligation (GO) bonds is placed on the November 2, 2004, ballot and was established due to two constraints; that the first constraint is the County expects the City to demolish the police station on Ringling Boulevard based on the Memorandum of Understanding the Commission signed on July 15, 2003, to meet the deadline of the County's facility plan for construction of an addition to the Court facilities; that the second constraint is the Commission may not choose to put the referendum on the March 2005 election ballot as Commission elections are scheduled for the same ballot; and referred to the proposed schedule included in the Agenda backup indicating the Commission must finalize the GO Bond project list by June 1, 2004, sO the bond documents and authorizing resolution can be finalized and brought to the Commission for adoption on June 21, 2004. Mr. Mitchell continued that the resolution which will be brought to the Commission would authorize issuance of the GO Bonds and call for a referendum and indicate the question which will be on the ballot; that a firm must be selected to assist in presenting the bond issue to the citizens by June 15, 2004; that the selected firm would have five weeks to formulate a plan to assist the City with presenting the issues to the citizens; that the Commission cancelled the July 19, 2004, Regular Commission meeting earlier in the current meeting sO the plan can be presented at the August 2, 2004, Regular Commission meeting; however, less time will be available to discuss the referendum with the voters; that the adopted resolution would be presented to the Supervisor of Elections who is responsible for advertising the election ballots by July 19, 2004; that the presentation to the voters of the City's proposed referendum would now begin on August 3, 2004; that the amount of time to market the plan may or may not be reasonable. Mr. Mitchell stated further that the County's and City's marketing campaign to inform the citizens and voters of the benefits of the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax and the projects involved was significant; that the Administration would be required to talk to citizens' groups; that information is provided to the Commission to assist in deciding if to proceed with the schedule; that a mill for the debt service proposed is $5.3 million; that the value of a mill for debt service in fiscal year (FY) 2004/05 is $6.1 million; that the assumption is based on a 15 percent increase in taxable property value in the City. BOOK 56 Page 27940 05/17/04 2:30 P.M. BOOK 56 Page 27941 05/17/04 2:30 P.M. Mr. Mitchell further stated that the City has two GO Bonds outstanding; that the 1985 GO Bond issue which will be completed in FY 2004/05 has $3,935,000 outstanding at the present time; that the current millage for the bond issue is .3395; that the millage for the debt service for the FY 2004/05 is estimated at .2893; that the millage for the 1987 GO Bond issue was estimated at .2893; that the 1987 GO bond issue which built the Ed Smith Stadium shall be completed in FY 2007/08 and has $4,425,000 outstanding; that the current millage for the issue is .1187; that for next year, the estimate is .1114 mills; that the $17 million proposed bond issue would cost approximately $184,000 in debt service for 25 years which relates to .1921 mills in additional debt service millage in FY 2005/06; that total debt service millage for FY 2005/06 would approximate 4314 mills; that currently in FY 2004/05, the total debt service millage is .5455; that the estimate for next year would drop to .4007 mills. Commissioner Bilyeu asked if the $.1921 mills would be increased? Mr. Mitchell stated that the figures are given to provide a relationship of the $17 million in terms of the debt service; that the bond issue could be for $20 million or $25 million. Commissioner Bilyeu stated that a figure of $17 million for the GO Bond issue has been proposed; that a possibility of a GO Bond has been discussed in the past; that understanding the amounts would be easier if calculated on a home valued at $100,000; that the questions are: 1) the amount of homeowner with a home valued at $100,000 would be required to pay and 2) the additional amount in taxes the City would receive if the amount of the GO Bond issue were increased by $1 million. Mr. Mitchell stated that the Commission can be provided any information necessary; that the information could be confusing until the exact size of the bond issue is determined; that the figures would then be more realistic; that the figures can only be estimated; that the figures are for the future, which cannot be foretold. Commissioner Bilyeu stated that the concern is the additional amount the constituents would have to pay in taxes; that the amount may be insignificant; that the information is necessary to make a decision. City Manager McNees stated that the cost of the millage on the $100,000 house, ignoring the Homestead Exemptions, at .19 mills is $19. Vice Mayor Servian asked if the total millage for the debt service is .5455 for fiscal year (FY) 2003/04 and .4007 for FY 2004/05 unless the City follows Staff's recommendation in which case the debt service will be 4314? Mr. Mitchell stated that is correct; that the estimate for next year would drop to .4007 mills without the GO bond issue being discussed. Mayor Martin stated that the 1985 bond issue would be satisfied in FY 2005/06. Mr. Mitchell stated that adding the proposed bond issue at $17 million would add 1921 mills to the debt service; that the 1985 debt service becomes satisfied; that the debt service for FY 2005/06 would be approximately .4314 mills with the proposed GO Bond issue. Commissioner Palmer asked for the ending date of the Local Option Sales Tax (L.0.S.T.) extension? Mr. Mitchell stated that the ending date is September 1, 2009. Commissioner Palmer asked the plan to reinitiate the program for the L.O.S.T. and the timeframe for. doing so? Mr. Mitchell stated that the answer is not known; that the expectation is to reinitiate the request for the L.O.S.T. within the next 12 months. Commissioner Palmer stated that other types of funding requirements should be considered rather than dealing exclusively with the requirements for the police station; that the types of possibilities for funding the L.O.S.T. and projects suitable should be considered. Mayor Martin stated that the referendum to extend the L.0.S.T. came before the voters in 1997. BOOK 56 Page 27942 05/17/04 2:30 P.M. BOOK 56 Page 27943 05/17/04 2:30 P.M. Mr. Mitchell stated that the first time the referendum came before the voters was in 1994; that the public was not adequately informed as to the benefits; therefore, the referendum was not successful; that Staff had to recreate the plan. Commissioner Palmer stated that some action must be taken prior to 2007 to determine if another extension to the L.0.S.T. will be favorably received by the voters; that the amount of the funds which are coming to the City and County are significant. Mr. Mitchell stated that the expectation is for something to occur within the next 12 months; that the County must initiate the plan, not the City. Commissioner Palmer stated that the City must be a part of the initiation of the program. Mayor Martin stated that discussions were held with Staff regarding the necessity to have approval of a Public Safety building as a separate referendum; that another referendum would be necessary for additional projects. Mr. Mitchell stated that a police facility and anything other than a police facility must be separate questions on the ballot, sO the voters could vote one way concerning a police station and a different way concerning other projects. Commissioner Palmer stated that the fire station was approved as part of the in 1985 bond issue. Mr. Mitchell stated that the legal counsel for issuance of the bonds provided case law indicating a separation of the questions concerning the issuance of bonds for a police facility and other projects is required; that the requirement for separate questions has also been posed to the City Attorney's Office. City Manager McNees stated that changes could easily have occurred in the case law since 1985. Vice Mayor Servian stated that if other worthy projects were discovered for which the bond should be considered, would the bond have to be a single bond because of the public safety aspect? Mr. Mitchell stated that the bond work would not begin until the referendum concerning issuance of bonds is passed by the voters; that the resolution which will be presented at the June 21, 2004, Regular Commission meeting is to authorize the issuance of bonds and call for a referendum; that at the time the referendum is approved by the voters, the normal work associated with a bond issue will begin. Commissioner Atkins stated that a question concerning a police facility must be a separate referendum; that a Public Safety building has been considered; that the City requires a fire and police station; that the two stations could be built together; and asked if a referendum question to build a police and fire station could be on the ballot together? Mr. Mitchell stated that the question was not posed to the City's legal counsel so the answer is not known; that a Public Safety facility would fall into the same category as a Police facility. Commissioner Atkins stated that the Police and Fire Departments should intertwine; that construction of a public safety facility for the Police and Fire Departments should be discussed with the City's legal counsel; that the position of the City's legal counsel may be reorganized. Mr. Mitchell stated that the instructions were to separate the referendum questions if the police station is on the ballot. Commissioner Atkins stated that a reorganization of thought may give the City more impetus to move toward resolving the requirements for police and fire facilities now rather than doing the bonds separately which will cost more. Vice Mayor Servian stated that the idea makes sense. City Manager McNees stated that Staff will have to get together in a Workshop before June 21st when the bond resolution must be passed; that a harder estimate of the station costs, determination of whether land costs will be added upon completion of site plan analysis which has not been seen; that a significant number of questions remain; that the pursuit of clarification of the opinion with the Bond Council which took everyone by surprise; that the issues will be continually worked and brought back to the Commission with as much information and as much options in the workshop forum as can be provided; that not all the questions can be answered at the current meeting. BOOK 56 Page 27944 05/17/04 2:30 P.M. BOOK 56 Page 27945 05/17/04 2:30 P.M. Mayor Martin asked if discussions were held regarding the Fourth Street Fire Station site and the joint Public Safety facility? Peter Abbott, Chief of Police, and Edward Whitehead, Deputy Police Chief, Sarasota Police Department, came before the Commission. Chief Abbott stated that a meeting with the County is scheduled on May 18, 2004. Mayor Martin stated that the idea is being explored as Commissioner Atkins has suggested; that the $17 million figure is based on a square footage requirement times a variable to equal the total amount; and asked the projected life of the facility based on the planned size of the project? Chief Abbott stated that analysis has been performed an outside consultant which builds Public Safety facilities; that the square footage includes the 2003 square footage need of 91,290, a 2010 projected square footage need of 94,724, and a 2020 projected square footage need of 115,343; that the figures are based upon the Staff requirements times the square footage required per Staff member in the facility. City Manager McNees stated that some questions exist regarding the Staff growth and the assumed required square footage per Staff member; that construction of a police station which is based on rough estimates or short-sighted Staff requirements but which is obsolete in 10 or 15 years is not the desire; that overbuilding is not desired either; that Staff growth should not be overestimated; that a significant amount of work will be required before bringing the Commission a final plan. Mayor Martin stated that the Sarasota County Sheriff's Department has approximately twice the number of law enforcement Staff and is currently operating from a space about half the size of the proposed police station; that the square footages required should be clarified. Chief Abbott stated that the Sheriff's Department has three facilities; that the Osprey facility is a large patrol neadquarters; that the South County Annex in Venice is another facility in use which includes the Detective Bureaus and support services. Vice Mayor Servian stated that future technology will likely move towards community policing and additional substations; that all the police officers will not necessarily be in the same building; that housing all the police officers in the same building would not matter; that more decentralization than centralization is occurring.at the present time. City Manager McNees stated that technical functions are never decentralized; that the core of the police station, the administrative support, and the technical functions, will likely remain centralized. Chief Abbott stated that Management Information Systems, locker rooms, armories, and detective divisions are generally centralized; that the facility must be staffed if infrastructure is constructed; that the possibility of weapons is a concern sO someone must be at the centralized location 24 hours a day; that staffing the location 24 hours a day takes four or five people due to the days off, two shifts, and 12 hour tours; that the totals start adding up; that the best situation is being at a location when the services are necessaryi that the method is more efficient and cost effective. Vice Mayor Servian stated that the numbers seem significant since the City's boundaries are not growing and the expectation is the population will not grow significantly during the time. Chief Abbott stated that the population of the City grew approximately 30 percent from 1970 and is expected to grow another 10 percent by the year 2020; that significant building is occurring Downtown; that someone will be in the buildings; that a significant number of people will require the services of the City. Commissioner Palmer stated that the City will be required to provide more services due to the expansion; that people will be coming into the City from other areas based on the growth in the County; that staffing requirements should be addressed more than an issue related solely to City population; that the building will only have 12 years longevity if the building is planned for 2020 by the time the police station is built which does not make sense. Chief Abbott stated that the industry standard for a projected lifespan is usually about 20 years on a building; that the numbers given to the Commission was prepared in 2003; that the numbers have not been expanded to the 20-year build out, which BOOK 56 Page 27946 05/17/04 2:30 P.M. BOOK 56 Page 27947 05/17/04 2:30 P.M. is the industry standard; that the numbers are probably good based on his limited knowledge of planning police facilities and observing police facilities. Commissioner Palmer asked if requirements for 2050 were analyzed including the population growth in the urban areas and Lakewood Ranch and the impact of the City and Public Safety services? Chief Abbott stated that no projections have been performed past 2020. Commissioner Palmer stated that the long-term life of a police station should be analyzed if the facility is expected to accommodate the City for a certain period of time; and asked the date the current police station was built? Chief Abbott stated that the building was built in 1958; that the addition which is visible and completed in 1973; that three-quarters of one floor cannot be used due to other problems. Commissioner Palmer asked the reason the police station should be placed on the November 2004 ballot; that a significant number of issues are already on the November 2004 ballot; that the reterendum for the police station could get lost; that the 1985 ballot was conducted during a City Commission election; that the people coming to the polls were voting on Commissioners sO the election was very focused; that the fear is a ballot initiative in November 2004 could get lost in the shuffle with all the other political issues; that she served on the Commission in 1985; that three Commissioners are not running for re-election in November 2005 who could be out on the campaign trail working the issues. Chief Abbott stated that the property must be delivered to the County in buildable condition in 2007; that the deadline will not be met unless action is taken expeditiously. Commissioner Palmer stated that the referendum could be defeated on the ballot if connected with other issues in November 2004. City Manager McNees stated that adherence is desired for the deadline with the County should be met; however, the County also indicated the deadline could be flexible due to the involvement of the Courts facilities, etc.; that the County indicated a few months' leeway would not be a problem; that the understanding at the time was the deadline was driven by aggressive dates for the Court, which may be more amenable to flexibility since the Courts will obtain the location on Ringling Boulevard. Mayor Martin stated that the same information has been heard. Commissioner Atkins stated that Commissioner Palmer's comments relating to the 1985 bond issue are reinforced; that Commissioner Palmer's campaigning on the bond issue is remembered; that three Commissioners are not running for election and could provide the necessary time to campaign; that the project should not all of a sudden require completion in a month; that the project has not been before the Commission previously; that the possibility of a combination fire/police station is supported; that a fire station although not belonging to the City, would be required by the City; that funds could be saved if the County participated in the project; that the situation should be analyzed very closely. Mayor Martin stated that the schedule was prepared for presentation in January 2004; that the total cost of the police station was not available to bring the matter forward; that a significantly condensed schedule compared with the ideal schedule has been brought forward; that the idea of bringing the police station issue before the voters in March 2005 is desirable since City voters are used to voting City issues in March; that the additional time to assure the figures are more accurate and to negotiate with the County would be desired; that the City is under pressure; that the Commission would identify the need; that a community group assisted in the marketing, the polling, and took ownership of the issues for the previous referenda; that a proper campaign takes time; that the City should handle the campaign in a manner to allow the community to assume responsibility and do the campaigning for the City. Commissioner Bilyeu stated that Staff should provide another schedule for the Commission for the March 2005 ballot; that Staff indicated Workshops could be scheduled to address the possibility of a 2050 projection. Mr. Mitchell stated that another schedule will be brought to the Commission after a Workshop. City Manager McNees stated that an aggressive schedule for a Commission is not required if the question is moved to March 2005; that a definitive schedule for a March 2005 referendum can BOOK 56 Page 27948 05/17/04 2:30 P.M. BOOK 56 Page 27949 05/17/04 2:30 P.M. be developed if desired by the Commission; that a Commission Workshop will be scheduled; that the information will be developed in as much detail as possible. Mayor Martin stated that the Commission is reminded of the scheduled June 28, 2004, Commission retreat; that the referendum could be discussed at the Commission retreat. Commissioner Palmer stated that too many items should not be put on the Agenda of the June 28, 2004, Commission retreat. Mayor Martin stated that consideration of the referendum for the police station should not be delayed; that the Workshop should be scheduled as soon as possible. Mayor Martin stated that the Commission's consensus is to direct the Administration to prepare a schedule for a March 2005 referendum issue. City Manager McNees stated that management of the expectation was necessaryi that time taken to research and meet with the County regarding the new concept of a joint facility is necessary; that a date is not necessary as soon as possible for the Workshop due to the Commission's direction. Mayor Martin stated that a Workshop should not be related to the Public Safety building or police station but the requirements necessary to go forward with a bond issue; that the items to include in a bond issue have not even been discussed; that the Commission would probably rather discuss a bond issue sooner rather than later. Commissioner Palmer stated that the Commission must consider the Local Option Sales Tax (L.0.S.T) renewal; that the millage for the School Board of Sarasota County will be up for a renewal in 2005; that care should be taken as to the amount of the request to the voters; that the City could be in trouble if too ambitious; that recommendations for a repeat referendum are necessary. Mayor Martin stated that the matter can be discussed perhaps at the retreat if the Agenda will allow for such. 33. NEW BUSINESS: DIRECTION RE: COMMERCIAL VENDING IN CENTENNIAL PARK - DIRECTED STAFF TO PREPARE AN ORDINANCE TO MAKE THE APPROPRIATE CHANGE TO THE SARASOTA CITY CODE (1986 AS AMENDED) TO ALLOW VENDING IN CENTENNIAL PARK (AGENDA ITEM XVII-3) CD 11:11 through 11:23 Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the request is to revise Section 23(3 6) (J) concerning commercial vending in designated public parks; that vending in Selby Five Points Park and Pineapple Park is regulated by a contract with the City; that a request to potentially vend in Centennial Park has been received; that the Sarasota City Code (1986 as amended) (City Code) must be amended if a change to allow vending in Centennial Park is desired. Commissioner Bilyeu stated that a retired police officer approached him regarding vending at Centennial Park and could not be a police officer but could act as eyes and ears for the police department if vending in Centennial Park and could notify the proper authorities with a cellular telephone; that the City Code was reviewed; that a change to the City Code is necessary to allow vending in Centennial Park; that the possibility of allowing vending in Centennial Park is brought forward to obtain the Commission's view. Mayor Martin asked the type of vending desired? Commissioner Bilyeu stated that a hot dog cart such as at Five Points Plaza and a few other areas of Downtown was suggested; that the language of the City Code indicates the vending can be at the park or adjacent sidewalks; that the structure would not be permanent; that the vending would be done from a cart; that the procedure would be the same manner as other cart vendors; that Centennial Park would be added to the City Code if the Commission finds doing sO acceptable along with Five Points Park and Pineapple Park. Mr. Litchet stated that the provision was added to the City Code in 1993, vendors desiring to work in Selby Five Points Park or Pineapple Park is not recollected; that the vendor in the area is not actually in Pineapple Park but is over by Patrick's Restaurant; that some discussion occurred about vending has occurred and opening up the vending provisions slightly; that the provision was thought to encourage some business Downtown; that no contracts have been entered into with the City to vend in Five Points or Pineapple Parks; that a Request For Proposal (RFP) was issued. BOOK 56 Page 27950 05/17/04 2:30 P.M. BOOK 56 Page 27951 05/17/04 2:30 P.M. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that shortly after the provision was added to the City Code in 1993, the City issued an RFP for vendors in Five Points Park; that the language in the City Code suggested the expectation of revenues for the City; that a number of inquiries have been received from potential vendors such as hot dogs, ice cream, and bait in Centennial Park; that no one has taken the issue as far as the gentleman who spoke with Commissioner Bilyeu regarding the placement of a formal request before the Commission; that informal interest has existed in the past regarding such permits. Mayor Martin stated that the Requests for Proposal (RFP) process would be the fairest manner to handle the request. Mr. Schneider stated that the question is if the provision should be limited to the one hot dog vendor or if the Commission would consider other types of products as well. Vice Mayor Servian stated that changing the City Code based on an individual's coming forward with a request to open a hot dog cart does not seem fair; that the RFP procedure should be followed; that any number of goods would be of interest to the people who use Centennial Park or other parks; that the City could acquire some revenue. Commissioner Atkins stated that the 1993 process to approve the referendum is remembered; that allowing any vendors at Centennial Park is a concern; that the vendor will be grandfathered in if development begins in the future; that no changes should be made at Centennial Park. Commissioner Palmer stated that a temporary permit could be given with no expectations in the future for being grandfathered in; that restaurants and other establishments will be developed in the area; that patrons would have an opportunity to get something to eat or drink, on a temporary basis. City Attorney Taylor stated that Section 23-3.6(j) of the City Code was created for a separate class. of vendor than is normally operating in the City; that a vendor with the normal vending permit is prohibited from operating as a vendor under Section 23 of the City Code; that the City desired to negotiate a contract with vendors which would put the City in the position of creating a beneficial contract without driving prospective vendors awayi that the original intent was to try the RFP; however, no responses were received; that a contract with virtually any provisions the other party was willing to sign could be written and could provide a termination date within six months, if desired; that the park in which vending would be allowed should be specified. Commissioner Bilyeu asked if a hot dog cart could be set up on the sidewalk in the right-ot-way with a permit? Mr. Litchet stated that probably not; that the extent of the park boundaries were discussed with Staff; that the sidewalks around the park are included in Section 23 of the City Code; that vending could not be performed on the sidewalks but could possibly be performed across the street. n On motion of Commissioner Bilyeu, and second of Commissioner Palmer, it was moved to amend the Sarasota City Code (1986 as amended) to allow vending in Centennial Park. Commissioner Bilyeu stated that the case has been clearly stated; that Commissioner Palmer made a statement which was backed up by the City Attorney; that the contract could be ended; that a person may not apply for the permit if the City desires a share in the revenuei that the procedure must be followed. Commissioner Palmer stated that a contractual obligation which benefits the City for remuneration is necessaryi; that the process is not permanent and will not be grandfathered in. Vice Mayor Servian asked if an RFP is required? Mr. Litchet stated yes. Commissioner Atkins stated that issuing an RFP will be complicated; that the permitting will cost more than the profits. Mayor Martin stated that the issue is complicating the situation; that a bait shop was previously thought desirable if a person was located on site; that a person on-site would be helpful at the time the restrooms are constructed; that the timing is wrong for commercial vending at the present time. Mayor Martin called for a vote on the motion to direct Staff to prepare an ordinance to make the appropriate change to the BOOK 56 Page 27952 05/17/04 2:30 P.M. BOOK 56 Page 27953 05/17/04 2:30 P.M. Sarasota City Code (1986 as amended) to allow vending in Centennial Park. Motion carried (3 to 2): Atkins, no; Bilyeu, yesi Palmer, yes; Servian, yes; Martin, no. 34. NEW BUSINESS: DISCUSSION RE: : ST. ARMANDS DRAINAGE PROJECT FUNDING UP-DATE - APPROVED THE CITY'S RECOMMENDATION NOT TO INCREASE THE CITY CONTRIBUTION TO THE ST. ARMANDS DRAINAGE PROJECT AND TO ASK THE COUNTY TO IDENTIFY ADDITIONAL FUNDING FOR THE PROJECT (AGENDA ITEM XVII-4) CD 11:23 through 11:33 Rick Winters, Manager, Engineering Projects, Engineering Department, came before the Commission and stated that an update of the current funding of the St. Armands Drainage Project will be provided; that the County's plans are at 100 percent completed; that the project is completely designed; that the last sets of plans are being reviewed; that the original project estimate, the selected alternative for the project, was approximately $4.2 million; that the projected estimates for construction now are $4.6 million plus an additional $520,000 for CEI, which is engineering inspection which brings the estimated construction costs for the project to $5.5 million; that $520,000 has already been spent on engineering; that the current available funds, including the City's committed $1.75 million are $3.9 million; that the deficit is approximately $1.6 million toward the construction of the project; that the County thought a $750,000 grant existed from the Florida Department of Environmental Protection (FDEP; however, the grant was not approved; that the impact on the numbers resulted from the loss of the grant; that the Commission should be aware of the information; that the continuing commitment is the $1.75 million with the County; that constructing the project in stages according to the areas which are flooded the worst has been proposed. Vice Mayor Servian stated that part of the water is stormwater filtration before going out into the Bayi that the indication was funding may be available if proof was found the water goes into the Bay; that the pursuit of the additional funding is unknown and requested clarification as to if Southwest Florida Water Management District (SWFWMD) has been contacted regarding funding. Mr. Winters stated that a meeting was attended regarding the SWFWMD grants; that another application for the grants has not been made. Vice Mayor Servian asked if the shortfall is based on the five pumps or if one pump eliminated? Mr. Winters stated that $1.6 million in funding includes all the pumps; that to eliminate the one pump would basically change the figure by $618,000. Vice Mayor Servian stated that the knowledge from the beginning of the formation of the Task Force for Stormwater at St. Armands Circle was the project was being over-engineered with five pumps as four would suffice; that the alternative should be pursued; that phasing the project would be disastrous for St. Armands Key; that the commercial activity, with only way in and out for traffic, would be a mess; that a survey was sent to residents, landowners, and merchants who overwhelmingly desired the project be completed in one year. Mr. Winters stated that the County will reapply for all the grants; that alternatives of cutting portions out of the project are being considered; that loss of performance is possible. Mayor Martin stated that the one pump which is overbuilt brings the deficit funding down below $1 million. Mr. Winters stated that the pump alternative is $618,493. Commissioner Palmer stated that the initial costs were significantly underestimated; that $750,000 from the grant was lost; that the costs are still almost $1 million higher; that a meeting was previously attended which discussed eliminating the fifth pumpi that the thought was the pump had always been eliminated; that the expense was listed as a side cost; that the project was planned with the four pumps; that the prices were a surprise. Mr. Winters stated that the expectation at the time was for the receipt of the grant which was $750,000; that the combination of eliminating the pump and having the grant would have made the deficit approximately $300,000, which was not as alarming; that losing the grant resulted in a higher figure. Commissioner Palmer stated that the City had a $400,000 deficit in the project a few years ago; that the City finally worked BOOK 56 Page 27954 05/17/04 2:30 P.M. BOOK 56 Page 27955 05/17/04 2:30 P.M. down expensesi that the City is at the same point now; that the project was to begin in the summer of 2004; that the project may require postponement. Mr. Winters stated that bid prices in today's construction markets may be different than the prices before the Commission; that the County should pursue as many grants as possible; that the County's involvement is very small; that the City is paying for the Staff time of work the County is performing. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to approve the City's recommendation not to increase the City contribution and to ask the County to identify additional funding for the project. Vice Mayor Servian asked the reason the County, which is in charge of stormwater management, is not contributing funds to the project? Commissioner Palmer stated that the County is also charging the City. Vice Mayor Servian stated that work has continued on the project for years; that the reason the County is not contributing funds to the project is not understood. Mr. Winters stated that the City could easily indicate the County should repair all stormwater issues when the stormwater management was consolidated to Sarasota County; that $175 million was involved to repair the stormwater issues in this situation. Commissioner Palmer stated that the concern is the County is charging the City to perform the project. Mayor Martin stated that the problem with the County is serious; that applications of the interlocal agreement regarding stormwater is not clear; that additional funding, possibly in advance, should be sought to pursue the project in the summer of 2004. Commissioner Palmer stated that the Commission also should determine the reason the County is charging the City. Mayor Martin called for a vote on the motion to approve the City's recommendation not to increase the City contribution and to ask the County to identify additional funding for the project. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes Servian, yes; Martin, yes. 35. COMMISSION BOARD AND COMMITTEE REPORTS AGREED COMMISSIONER BILYEU WILL REPRESENT THE CITY ON THE BOARD OF DIRECTORS OF THE SARASOTA COUNTY COALITION FOR THE HOMELESS (AGENDA ITEM IX) CD 11:33 through 11:36 COMMISSIONER ATKINS: A. stated that a recent meeting of the Enterprise Zone Development Agency Board meeting was attended; that the area of the Enterprise Zone has been expanded; that everything is operating smoothly; that the City's Enterprise Zone is better than any in the State; that a plan will be developed for creation and expansion of new businesses and revitalization of the area. Mayor Martin stated that the understanding is the new State legislation concerning Enterprise Zones has empowered the localities to request expansion of the boundaries which has occurred without difficulty; however, the State legislation has a deadline for such requests; and asked if the Commission should proceed with any action in the near future? Commissioner Atkins stated that the issue is involved and should be discussed at another time. Mayor Martin asked if a review of the State legislature should be placed on an Agenda sO the Commission can gain a better understanding? Vice Mayor Servian and Commissioner Atkins stated yes. Mayor Martin stated that the legislation is partially understood; that further clarity would be helpful. COMMISSIONER BILYEU: A. stated that he was asked to sit on Board of Directors for the Sarasota County Coalition for the Homeless (Homeless Coalition); ; that City Manager McNees is currently on the Homeless Coalition Board; that Paul BOOK 56 Page 27956 05/17/04 2:30 P.M. BOOK 56 Page 27957 05/17/04 2:30 P.M. Sutton, Police Officer, Sarasota Police Department, attended in the City Manager's absence; that City Manager McNees volunteered to relinquish responsibility if the Commission sO desires. Commissioner Palmer asked the reason the City Manager is relinquishing the position on the Homeless Coalition Board? City Manager McNees stated that the reasons are Commissioner Bilyeu expressed an interest in holding a seat on the Homeless Coalition Board; that two members are not necessaryi that the schedule of the meetings makes attendance difficult. Mayor Martin stated that the City Manager's schedule is likely full; that Commissioner Bilyeu is willing to take over the position; that hearing no objections, Commissioner Bilyeu is appointed as the City's representative on the Board of Directors of the Sarasota County Coalition for the Homeless. VICE MAYOR SERVIAN: A. stated that the recent meeting of the Sarasota Housing Authority (SHA) was attended; that the SHA had two meetings with neighborhood residents to resolve the confusion regarding the map distributed with the application for the HOPE (Housing Opportunities for People Everywhere VI grant; that a significant number of upset people were from the Bayou Oaks neighborhood; that the issue concerning the maps was resolved; that the SHA vacancy rate report looks satisfactory; that the occupancy rate is 98.7 percent; that accounts receivable are at over 90 percent collected which is good; that all the nonpayment issues have been successtully resolved; that the members of the SHA Board are doing a good job. COMMISSIONER PALMER: A. stated that a report regarding the Sarasota/Manatee Metropolitan Planning Organization (MPO) was provided at the May 3, 2004, Regular Commission meeting; that funds for enhancement projects may be available; that Staff was requested to provide any requests to the MPO regarding any funding sought for enhancement projects; that new projects are frozen. 36. CONTINUED REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) CD 11:36 through 11:45 COMMISSIONER BILYEU: A. asked if the use of Payne Park Auditorium by neighborhood groups will be placed on the Agenda for the June 7, 2004, Regular Commission meeting? City Manager McNees stated yes. B. stated that Planning and Redevelopment Department Staff are thanked for the professionalism, attitude, and the manner in which business is conducted. COMMISSIONER PALMER: A. stated that a suggestion earlier in the meeting was to review some of the leases on property in Ken Thompson Park; that all the leases should be reviewed as a number of issues have surfaced; that Commission's consensus is requested to refer a review of the Ken Thompson Park leases to the Administration for a report back. City Manager McNees stated that lease negotiations continue with Clear Channel Communications; that a determination can be made as to the disposition of any resulting surplus property once the lease is finalized; that the next step is for Staff to present the lease to the Commission for approval. Commissioner Palmer stated that issues have also arisen with the Sarasota Sailing Squadron and the New Pass Grill and Bait Shop. City Manager McNees stated that the issue regarding the New Pass Grill and Bait shop concerns the land use and will be presented to the Commission as an Agenda item in the future. Vice Mayor Servian stated that for the issue regarding the New Pass Grill and Bait Shop to have become a land use matter is a concern; that the request is to allow taking people out on a boat to go fishing; that the reason for requiring the owners to go through an arduous approval process and possibly incurring a $40,000 cost is not understood. BOOK 56 Page 27958 05/17/04 2:30 P.M. BOOK 56 Page 27959 05/17/04 2:30 P.M. City Manager McNees stated that a report detailing the issues has been provided the Commission but perhaps not yet seen; that issues presented involve land use as well as the lease; that appropriate zoning is required for a commercial boat captain to pick up passengers at a specific location; that a number of land use issues regarding the request of the New Pass Grill and Bait Shop are involved. Vice Mayor Servian stated that the report will be reviewed. B. stated that the landscaping on Fruitville Road is aesthetically pleasing. C. asked if the letter to the Florida Department of Transportation (FDOT) concerning the Strategic Intermodal System (SIS) at University Parkway and the Sarasota-Bradenton International Airport has been sent as directed by the Commission at the May 3, 2004, Regular Commission meeting? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Engineering Staff was attempting to clarify the request. Commission Palmer stated that the SIS includes University Parkway from Interstate (I)-75 to the entrance to the Sarasota- Bradenton International Airport; that the request is to extend the SIS to US 41. Mayor Martin stated that the Commission supported sending the letter to FDOT. Mr. Schneider stated that Engineering Staff wishes to assure the extension is a project prior to preparing a letter. Commissioner Palmer stated that the Executive Director of the Sarasota-Bradenton International Airport sent a letter to FDOT and could be contacted for additional information. Mr. Schneider stated that the letter will be prepared for the Mayor's signature. 37. OTHER ATERSADATNISTATIV: OFFICERS (AGENDA ITEM XI) CD 11:45 City Attorney Taylor stated that an Out of the Sunshine meeting is scheduled for the Office of the City Auditor and Clerk regarding the Vision Air case. 38. ADJOURN (AGENDA ITEM XVIII) CD 11:46 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of May 17, 2004, at 11:46 p.m. Pedad darti RICHARD F. MARTIN, MAYOR ATTEST: BilWE Relu BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 56 Page 27960 05/17/04 2:30 P.M.