MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 18, 2001, AT 6:00 P.M. PRESENT: : Mayor Albert F. Hogle, Vice Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9 (a) of the City of Sarasota Charter at 6:05 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MAY 2001, STEVEN C. MOUTOUX, ENVIRONMENTAL TECHNICIAN, PUBLIC WORKS UTILITIES DIVISION #1 (0053) through (0167) Mayor Hogle requested that Douglas Taylor, Deputy Director of Public Works, and Steve Moutoux, Environmental Technician, Public Works Department and Employee of the Month for May 2001, join him before the Commission. Mr. Taylor stated that Mr. Moutox has been an employee of the City since 1986; that Mr. Moutox was employed by the City during the 1970s, accepted a position elsewhere for several years, and returned in 1986 as an employee in the Public Works Department; that Mr. Moutox has been instrumental in the implementation of the reclaimed water project since 1990, particularly in the agricultural and golf course operations, is an environmental technician and works on the computer system at the Hi-Hat Ranch, is responsible for monitoring well systems, and is an artist who creates ship models and plays the guitar; that Mr. Moutox has served the City with excellence and pride and deserves to be Employee of the Month for May 2001. Mayor Hogle stated that representing the City and the Commission to present the award for Employee of the Month to Mr. Moutox is an honor; and presented Mr. Moutoux with a City-logo watch, a plaque, and a certificate as the May 2001 Employee of the Month BOOK 49 Page 21244 06/18/01 6:00 P.M. BOOK 49 Page 21245 06/18/01 6:00 P.M. in appreciation of his unique pertormance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Moutoux stated that the recognition is appreciated; that he is simply doing the job he is paid to do. 2. PRESENTATION RE: : EXPRESSION OF APPRECIATION FROM REPRESENTATIVES OF THE SOAP BOX DERBY #1 (0175) through (0198) Judy Alexander, Representative for the Soap Box Derby, came before the Commission and stated that the City's efforts and assistance offered the Soap Box Derby are appreciated; that the Soap Box Derby continues to get better each year due to the support of the City and the Commission; and presented the Commission with a framed plaque expressing gratitude. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1381, RECOGNIZING THE PASSING OF FRANK H. CASTRO, LONGTIME CITY EMPLOYEE AND ADVOCATE OF AFFORDABLE HOUSING IN THE CITY OF SARASOTA = ADOPTED #1 (0200) through (0334) Mayor Hogle stated that Memorial Resolution No. 01R-1381, recognizes the June 11, 2001, passing of Frank Castro, longtime City employee and read Memorial Resolution No. 01R-1381 in its entirety. On the motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 01R-1381. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Hogle, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. The following family members came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: Kenneth Castro, son; Roy Castro, son; and Carmen Castro, wife. Kenneth Castro stated that the recognition offered to his father by the City and the Commission is appreciated; that the beliefs of Frank Castro have been passed onto his sons; that Frank Castro's legacy will live on through his sons. Mayor Hogle stated that Mr. Castro is personally remembered as a friend and mentor; that Mr. Castro treated employees of the City as family and will be missed. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0362) through (0436) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Move New Business, Item No. VII-2, Presentation and Discussion Re: SCOPE (Sarasota County Openly Plans for Excellence) request for budgetary support, to immediately follow Item No. 1, Approval of Minutes, per the request of Mayor Hogle. B. Move New Business, Item No. VII-1, Presentation and Discussion Re: Request of Longboat Key to explore the City of Sarasota providing reclaimed water to the Town, to subsequently follow Item No. 1, Approval of Minutes, per the request of Commissioner Palmer. C. Add Consent Agenda No. 1, Item No. III A-9, Approval Re: Interlocal Agreements between the City of Sarasota and Sarasota County for the distribution of Local Option Gas Tax and the Five-cent ELMS Gas Tax Revenues for the period September 1, 2001, through August 31, 2002, per the request of Finance Director Mitchell. D. Remove Non Quasi-Judicial Public Hearing, Item No. IV-A-2, Re: Proposed Ordinance No. 01-4315, amending Sarasota City Code Chapter 36, Article II, regarding taxicabs and other vehicles for hire; setting forth findings as to intent and purpose; providing for definitions; providing for prohibitions for drivers; providing for minimum insurance coverage; providing for procedures for the application and issuance by the City Auditor and Clerk of certificates to engage in business permits for vehicles for hire and licenses for drivers; providing for suspension and revocation of same by the City Auditor and Clerk; providing for appeal; providing for display of permits, licenses and stickers issued by the City Auditor and Clerk; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid or unentorceable, due to incorrect advertisement, per the request of City Auditor and Clerk Robinson. BOOK 49 Page 21246 06/18/01 6:00 P.M. BOOK 49 Page 21247 06/18/01 6:00 P.M. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Commissioner Palmer asked if proposed Ordinance 01-4315, regarding taxicabs and other vehicles for hire, will be scheduled for the July 2, 2001, Regular Commission meeting? City Auditor and Clerk Robinson stated yes. 5. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF MARCH 26, 2001, AND THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF MAY 21, AND JUNE 4, 2001 = APPROVED (AGENDA ITEM I-1) #1 (0437) through (0448) Mayor Hogle asked if the Commission had any changes to the minutes? Mayor Hogle stated that hearing no changes, the minutes of the March 26, 2001, Special Commission meeting and the May 21, and June 4, 2001, Regular Commission meetings are approved by unanimous consent. 6. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: REQUEST OF LONGBOAT KEY TO EXPLORE THE CITY OF SARASOTA PROVIDING RECLAIMED WATER TO THE TOWN = PRESENTATION GIVEN; DIRECTED THE ADMINISTRATION TO EXPLORE THE FEASIBILITY OF SUPPLYING RECLAIMED WATER TO THE TOWN OF LONGBOAT KEY (AGENDA ITEM VII-1) #1 (0452) through (0700) John Redgrave, Vice Mayor, and Bruce St. Denis, Town Manager, Town of Longboat Key, came before the Commission. Vice Mayor Redgrave recognized Ray Metz, Hal Lenobel, Jim Patterson, and John Kerwin, Commissioners of Longboat Key, present in the audience; and stated that the allocation of time for the presentation to the Commission is appreciated. Town Manager St. Denis stated that the Town of Longboat Key is seeking to establish a long-term partnership with the City; that approximately two thirds of the water currently being used by the Town of Longboat Key for irrigation must be replaced; that the water, which is well water, is presently being lost to high chloride levels which will eventually make the water unusable for irrigation; that two options have been identified for resolving the situation; that help can be sought from either the City of Sarasota or Manatee County; that Manatee County is the utility provider for the Town of Longboat Key; that the purchase of reclaimed water is currently being negotiating with thé Manatee County Southwest Wastewater Treatment Plant; that the preliminary cost estimate is $16 million for the project; that the Town of Longboat Key will be required to install an expensive subaqueous transmission main across Sarasota Bay and a transmission system along Gulf of Mexico Drive. Town Manager St. Denis continued that a grant application has been submitted to the Southwest Florida Water Management District (SWFWMD) for additional funding; that Manatee County already received a grant for transmission of reclaimed water which does not bode well for the grant for the Town of Longboat Key as SWFWMD is not interested in paying twice for the transmission of reclaimed water; that the Town of Longboat Key is faced with a high-dollar project and a low-funding priority from the only grant source available to the Town of Longboat Key; that preliminary discussions have been held with the City Manager; that mutual benefits to the Town of Longboat Key and the City have been identified in the discussions with the City Manager; that the City may be able to provide reclaimed water which does not require a subaqueous transmission main to the Town of Longboat Key; that the Town of Longboat Key is willing to share the potential costs of expanding the City's urban reuse system; that a cooperative effort could also result in grant funding if the City and the Town of Longboat Key develop a cooperative project; that the Aquifer Storage and Recovery (ASR) well system constructed to store water is costly to develop; that development and operating cost of the ASR well system could be shared as the water contained in the ASR well is shared; that at the June 4, 2001, Regular meeting, the Town of Longboat Key Commission authorized addressing the City Commission to discuss the potential purchase of reclaimed water from the City. Town Manager St. Denis stated further that the Town of Longboat Key is currently negotiating a design contract with Camp, Dresser & McKee, AICP, for project design services to expand the urban reuse system to Longboat Key; that the Town of Longboat Key is willing include some design services in the scope of services of the design providing the City preliminary information related to the costs of expanding the urban reuse system to Bird, Lido, and St. Armands Keys, and the construction of a transmission line to Longboat Key; that a referendum is being developed to allow the Town of Longboat Key to begin funding the project for March 2002; that the City is requested BOOK 49 Page 21248 06/18/01 6:00 P.M. BOOK 49 Page 21249 06/18/01 6:00 P.M. to partner with the Town of Longboat Key to develop a reclaimed water system for Bird, Lido, St. Armands, and Longboat Keys. Commissioner Palmer asked if Lido Shores will be included in the reclaimed water project? Town Manager St. Denis stated yes. Commissioner Quillin asked the estimated cost of the reclaimed water project? Town Manager St. Denis stated that an estimated cost has not been determined; that the cost should be less than $16 million. Commissioner Quillin asked the cost of the reclaimed water project for Manatee County? Town Manager St. Denis stated that Manatee County spent $16 million on the reclaimed water project; that the cost should be less for the Town of Longboat Key and the City. City Manager Sollenberger stated a partnership between the City and the Town of Longboat Key will be mutually beneficial; that the Administration recommends a motion to express the intent to explore the feasibility of supplying reclaimed water to the Town of Longboat Key. On motion of Commissioner Palmer second of Commissioner Quillin, it was moved to express the intent to explore the feasibility of supplying reclaimed water to the Town of Longboat Key. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 7. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: SCOPE (SARASOTA COUNTY OPENLY PLANS FOR EXCELLENCE) REQUEST FOR BUDGETARY SUPPORT - REFERRED BACK TO ADMINI STRATION FOR CONSIDERATION DURING THE BUDGET PROCESS (AGENDA ITEM NO.VII-2) #1 (0708) through (1234) City Manager Sollenberger stated that a May, 31, 2001, letter from Tim Dutton, Executive Director, Sarasota County Openly Plans for Excellence (SCOPE), is included in the Agenda backup material which requests funding in the amount of $28,962 from the City. Mr. Dutton, Charles "Dan" Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, and Lieutenant General Howard Crowell, Vice President, Development, Mote Marine Laboratory and Aquarium, came before the Commission. Attorney Bailey stated that the allocation of time is appreciated; that the Commission is familiar with the SCOPE program; that SCOPE, which relies partially on government funding, is seeking a financial partnership with the City; that commitments have been made from other organizations and private individuals; that the Cities of North Port and Venice and the Town of Longboat Key have also made financial contributions; that a presentation will be made on June 19, 2001, to the Sarasota Board of County Commissioners (BCC) requesting $127,000; that the City is requested to provide funding to SCOPE which helps address affordable housing and traffic flow and congestion in the City; that SCOPE anticipates being the voice of the community; that SCOPE will not be the voice of the leadership of the community but rather a reflection of the informed voices of the community; that SCOPE will be a repository for a wide range of information; that 25 percent of the participants to date reside in the City; that City Staff has been personally involved with SCOPE. Lieutenant General Crowell stated that the SCOPE program is exciting; that other cities set the precedent for SCOPE and have had significant success; that SCOPE is designed to engage individuals in the community; that SCOPE has three objectives: to capture the past, to address the present, and to envision the future; that engaging everyone is a key factor; that SCOPE allows everyone to have a voice; that SCOPE serves like a mobile town meeting; that in one repository SCOPE will have access to the data which tells the story of Sarasota County; that gathering people together to discern individual visions of Sarasota will create a better Sarasota; that the opportunity to present to the Commission is appreciated as is the allocation of time. Mr. Dutton stated that SCOPE creates a forum for public discussion; that SCOPE is not a conglomeration of the leadership of Sarasota; that SCOPE combines the passion of individual perspective with an analysis of information to develop viable recommendations to change Sarasota's approach to the Euture. Attorney Bailey stated that Suzanne Gregory and Joel Freedman are acknowledged for the support offered in the development of SCOPE. BOOK 49 Page 21250 06/18/01 6:00 P.M. BOOK 49 Page 21251 06/18/01 6:00 P.M. Commissioner Palmer asked the timeframe within which the City is expected to financially contribute to SCOPE? Attorney Bailey stated that the timeframe is unknown; that a minimum of one year's contribution is requested; that the feasibility of SCOPE cannot be fully determined until SCOPE is completely operational and functioning; that the hope is for the permanent existence of SCOPE. Commissioner Palmer stated that the City can only allocate funds for one year; and asked the timeframe for SCOPE's existence? Attorney Bailey stated that the hope is SCOPE will be a permanent program; that private and corporate sponsorship is the hope for permanent funding to alleviate the requirement for government funding. Mr. Dutton stated that financial contributions create a partnership with SCOPE; that perpetual funding is desired if the partners are satisfied with the progress of the program; that the request for particular funding amounts will likely fluctuate with the performance of SCOPE. Mayor Hogle asked the length of time a similar program to SCOPE has been operating in Jacksonville, Florida? Mr. Dutton stated that the program in Jacksonville, Florida, has been operating for almost 26 years. Commissioner Martin stated that SCOPE is supported; that the development of SCOPE has been exciting; that affordable housing and transportation issues are of concern to City residents; that SCOPE will help to address the issues. Mr. Dutton stated that SCOPE will be a tool for accomplishing common agendas. Lieutenant General Crowell stated that the issues which SCOPE will address were identified by constituents of the City rather than the SCOPE board. Commissioner Palmer stated that the hope is for financial as well as administrative collaboration between the City and SCOPE. City Manager Sollenberger stated that the Administration has not developed a recommendation; that a recommendation will be offered in the proposed budget; that discussions have been held with the developers of SCOPE; that the Commission will have to determine priorities while considering the budget; that funding for SCOPE has been included in the budget as SCOPE addresses topics raised by the Financial Sustainability Study which are important to the City; that the City should have a vested interest in the ownership and commitment to SCOPE. Mayor Hogle stated that hearing the Commission's consensus, the funding request for SCOPE will be referred back to the Administration for consideration during budget presentations. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 4, 5,6, 7 AND 8 - APPROVED (AGENDA ITEM III-A) #1 (1240) through (1814) Commissioner Quillin requested that Item No. 3 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 01-4313, amending Sarasota City Code (1986), Chapter 33, Article IV, Stopping, Standing or Parking, Division 4, Fines for Parking Violations, Section 33-167, Fine Schedule, so as to increase the amount of the fines payable for the violations enumerated herein; amending Section 33-168, Form of Citation for Parking Violations, so as to reflect the amount of the fines established hereby; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 01-4314, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending section 24-76, credited service for military service prior to employment; amending Section 24-77, Prior Police Service; amending Section 24-91, Deferred Retirement Option Plan; providing for severability of provisions; providing for codification; etc. 4. Approval Re: Amended budget schedule for workshops according to City Commission wishes for the proposed 2001-2002 Budget 5. Approval Re: Authorize the City Attorney to prepare, and the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., (RFP BOOK 49 Page 21252 06/18/01 6:00 P.M. BOOK 49 Page 21253 06/18/01 6:00 P.M. No. 00-25H) for the Reclaimed Water Utility System Continuing Engineering Services 6. Approval Re: : Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and Leggette, Brashears & Graham, Inc. (RFP No. 00-40H) for Consulting Engineer and Hydrogeologist Services 7. Approval Re: Authorize the City Attorney to prepare, and the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and David W. Johnston Associates, Inc., and Kimley-Horn and Associates, Inc., (RFP #99-49H) for Landscape Architectural 8. Approval Re: Urban and Community Forestry Grant Memorandum of Agreement between the State of Florida and the City of Sarasota for the City of Sarasota to receive $23,320 to conduct an inventory of the City's tree stock to develop a Comprehensive Urban and Community Forestry Management Plan 9. Approval Re: Interlocal Agreements between the City of Sarasota and Sarasota County for the distribution of Local Option Gas Tax and the Five-cent ELMS Gas Tax Revenues for the period September 1, 2001, through August 31, 2002 On motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 4, 5, 6, 7, 8, and 9. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 3. Approval Re: Direct the City Attorney to prepare an amendment to Ordinance No. 01-4281 to increase private property towing fees from $50 to $75 Commissioner Quillin stated that increasing the towing fee on private parking lots from $50 to $75 has been discussed many times; that the fee is currently $50 with an additional $25 for picking up a car after hours; that in actuality the two fees equal $75 currently; that the majority of towing occurs at night; that the intormation in the Agenda backup material related to the fees in surrounding communities indicates Sarasota charges much less than others; that surrounding communities do not charge an additional $25 fee for picking up a car after hours; that the $50 fee is fair; that a $25 fee for "booting" will be considered in Consent Agenda No. 2, Item No. III-B-3; that an additional $25 to raise the flat fee to $75 is not required. Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), and Mikel Holloway, Captain, SPD, came before the Commission. Vice Mayor Mason stated that raising the fee is in response to the request of Randy Upman, Upman's Towing, during the May 7, 2001, Regular Commission meeting. City Manager Sollenberger stated that Mr. Upman made a request of the Commission; that the Commission requested a report concerning towing fees in response to the request; that the report is included in the June 6, 2001, Interoffice Memorandum from Captain Holloway to Chief Jolly concerning towing fees from private property included in the Agenda backup material. Chief Jolly stated that the proposal to amend Ordinance No. 01-4281 by increasing the towing fee on private property is in response to Mr. Upman's request; that the original recommendation to the Commission was for a $75 fee; that the Commission chose to set the fee at $50 at the public hearing; that the fees in surrounding communities have been examined and are not as low as the City's; that $75 is the recommended private towing fee. Commissioner Quillin stated that determining the amount of a towing fee from a public street by the SPD is the City's responsibility; that signs have been placed as a warning of towing; that the fee for towing from private property was exorbitant; that the majority of cars towed from the Downtown area are towed in the evening; that the towing companies can amend individual contracts with private property owners to increase towing fees; that private property owners can create and enforce new policies to inhibit parking in towing areas; that private property owners can become involved in the Transportation Management Organization (TMO) and provide for shared parking; that more substantial evidence must be presented prior to changing the towing fee; that a lack of disabled parking spaces has increased the number of vehicles belonging to disabled people being towed. BOOK 49 Page 21254 06/18/01 6:00 P.M. BOOK 49 Page 21255 06/18/01 6:00 P.M. Commissioner Martin stated that increasing the towing fee coupled with Ordinance No. 97-3.994 regulating noise is creating an unfriendly Downtown; that people are discouraged from visiting Downtown; that increasing the towing fee, and towing in general, is not a solution to the parking problem Downtown; that the lack of signage indicating towing areas is an embarrassment to the City. Commissioner Palmer stated that the towing fees are not unreasonable; that a business is asking for a reasonable increase; that a public hearing has been requested to receive all pertinent information; that SPD has indicated the towing fee in the City is much more consumer-triendly than the surrounding communities; that a business must be allowed to make a decent profit; that increased fees should be allowed if the additional fees are consistent, timely, and warranted; that the public hearing will determine if increased fees are not consistent, timely, and warranted. Vice Mayor Mason concurred. Mayor Hogle stated that further research concerning towing fees should be conducted in surrounding areas. Chief Jolly stated that additional research will be conducted. Commissioner Quillin stated that $50 is a reasonable fee; that setting the towing fee at $75 is price-fixing; that towing companies should be contacted and asked for individual towing fees; that surrounding communities should be asked if fees for pickup after hours are charged; that City towing companies charge $50 with an additional $25 for car retrieval after hours; that towing companies are already receiving $75; that the fee can be requested of the private property owners if towing companies are seeking an additional $25 fee; that the City's citizens can only bear sO much. City Manager Sollenberger stated that the Administration recommends directing the City Attorney to prepare an amendment to Ordinance No. 01-4281 to increase private property towing fees from $50 to $75 and to set the Ordinance for public hearing. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to direct the City Attorney to prepare an amendment to Ordinance No. 01-4281 to increase private property towing fees from $50 to $75 and to set the Ordinance for public hearing. Motion carried (4 to 1). Hogle, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, no. Commissioner Palmer stated that additional research is requested as backup information for the public hearing; that all pertinent information must be known prior to a final decision. Chief Jolly stated that intormation will be provided for the public hearing. Commissioner Quillin stated that in recent memory, City Hall has been inundated with telephone calls concerning damage to cars during towing; that families and individuals frequenting the Downtown area in an attempt to keep Downtown alive should not be burdened; that the towing fee should not be raised; that Ordinance No. 01-4281 should be monitored for six months and re- evaluated; that penalizing individuals responsible for the thriving of Downtown is not desired; that setting a public hearing is not desired; that other important issues require the Commission's time. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1375) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1379) - ADOPTED; ITEM 3 (ORDINANCE NO. 01-4301) - ADOPTED; ITEM 4 (ORDINANCE NO. 01-4304) - ADOPTED; ITEM 5 (ORDINANCE NO. 01-4306) = ADOPTED; ITEM 6 (ORDINANCE NO. 01-4309) - ADOPTED; ITEM 7 (ORDINANCE NO. 01-4310) - ADOPTED; AND ITEM 8 (ORDINANCE NO. 01-4312) - ADOPTED (AGENDA ITEM III-B) #1 (1815) through (2242) Commissloner Martin requested that Item No. 4 be removed for discussion. Vice Mayor Mason requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Resolution No. 01R-1379, appropriating $162,096 from the unappropriated fund balance of the Penny Sales Tax Fund to supplement the Federal Building renovations of $3,449,000, etc. 3. Adoption Re: Proposed Ordinance No. 01-4301, amending Chapter 33, Article X, Towing of vehicles, Section 33- 283 of the Sarasota City Code to provide for a definition of immobilization; to amend Sections 33-284 and 33-285 to prohibit the immobilization of a vehicle except when incident imminent towing of a vehicle from BOOK 49 Page 21256 06/18/01 6:00 P.M. BOOK 49 Page 21257 06/18/01 6:00 P.M. private property and to provide exemptions; to amend Section 33-287 pertaining to maximum fees so as to include a fee for immobilization under certain circumstances; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) 5. Adoption Re: Proposed Ordinance No. 01-4306, amending Chapter 19 of the Sarasota City Code, Licenses, by providing for exemptions; by adjusting the occupational license fee for engaging or managing businesses, professions or occupations within the City; providing for the severability of parts hereof if declared invalid; providing for repealing of ordinances in conflict; etc. (Title Only) 6. Adoption Re: Proposed Ordinance No. 01-4309, to amend Ordinance No. 00-4219 by the substitution of Site Plan Application No. 01-SP-18 for previously approved Site and Development Plan No. 00-SP-08 to allow a medical office building, to be known as the Silverstein Institute in the Office, Professional and Business (OPB) Zone District on property located at 1901 and 1921 Floyd Street, 1906, 1918, 1926, 1934 and 1942 Prospect Street; the modifications depicted in Site Plan Application No. 01-SP-18 include increasing the square footage of the proposed medical office building, as more particularly described herein; approving Site Plan Application No. 01-SP-19; providing for conditions; repealing ordinances in conflict; etc. (Title Only) 7. Adoption Re: Proposed Ordinance No. 01-4310, to rezone a total of 0.4 acres from the Single-Family Residential- 3 (RSF-3) and Office Park (OP) Zone Districts to the Office Professional Business (OPB) Zone District real property located at 2553 and 2577 Fruitville Road, being generally located at the northwest corner of Suntan Avenue and Fruitville Road and the northeast corner of Sunway Avenue and Fruitville Road, as more particularly described herein; approving Site Plan Application No. 01-SP-16 which has been proffered as a condition on this rezoning; providing for conditions of this rezoning; etc. (Title Only) 8. Adoption Re: Proposed Ordinance No. 01-4312, to amend Ordinance No. 00-4216 regarding the vacation of that certain approximately northern 147.50 feet of the 40 foot wide Lasula Court (platted as Lasula Street) right- of-way as bordered on the north by the southern right- of-way line of Prospect Street and commencing south therefrom for approximately 147.50 feet as is more particularly described herein; said amendment consisting of substituting reference to Site Plan Application No. 01-SP-18 in lieu of Site Plan Application No. 01-SP-08 depicting a medical office building proposed to be constructed by the owner of contiguous property; repealing ordinances in conflict; etc. (Title Only) City Auditor and Clerk Robinson read Ordinance Nos. 01-4301, 01-4306, 01-4309, 01-4310, and 01-4312 by title only and proposed Resolution No. 01R-1379 in its entirety. On motion of Commissioner Martin and second of Vice Mayor Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 2, 3, 5, 6, 7, and 8. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes 1. Adoption Re: Proposed Resolution No. 01R-1375, pertaining to the fees for parking permits for certain designated lots owned or controlled by the City; setting fees for such permits; etc. (Title Only) Vice Mayor Mason stated that the June 12, 2001, memorandum from the City Manager concerning parking permit increases in the Agenda backup material contains a confusing statement; and quoted the last line in the memorandum as follows: Our goal is to create more spaces to be available for short term parking by persons visiting our downtown area as business' find purchasing monthly parking permits less attractive. Vice Mayor Mason continued that a discussion was held with the City Manager to determine if the City's goal is to discourage Downtown businesses from purchasing monthly parking permits; that the confusion has been cleared; that the intent of the statement is not to indicate businesses should be discouraged from purchasing monthly parking permits. City Auditor and Clerk Robinson read Resolution No. 01R-1375 by title only. BOOK 49 Page 21258 06/18/01 6:00 P.M. BOOK 49 Page 21259 06/18/01 6:00 P.M. On motion of Vice Mayor Mason and second of Commissioner Martin, it was moved to approve Consent Agenda No. 2, Item No. 1. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes. 4. Adoption Re: Proposed Ordinance No. 01-4304, to rezone + 5 acres of real property located at the southeast corner of 12th Street and Tuttle Avenue from the Multiple-Family Residential-1 (RMF-1) Zone District to the Commercial Neighborhood (CN) Zone District; said property being located at 2806 12th Street, as more particularly described herein; providing for conditions of the rezoning; providing for conditions of the rezoning; etc. (Title Only) Commissioner Martin stated that the rezoning of the property at 12th Street and Tuttle Avenue from the RMF-1 Zone District to the CN Zone District by Silver Bay Investment will include a 24-hour convenience store; that personal concerns were held regarding the adjacent residential neighborhood; that residents of the adjacent neighborhood have acknowledged and allayed the concerns; and asked for legal comment concerning the obligations the Applicant was required to meet. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the warranty deed of the property has been received; that the Director of Engineering/City Engineer has determined the survey is satisfactory; that all required submittals have been received; that the adjacent residential neighborhood has indicated no objection to the 24-hour convenience store planned for construction on the property. City Auditor and Clerk Robinson read Ordinance No. 01-4304 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 2, Item No. 4. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes; Mason, yes. Mayor Hogle requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that other interested persons wishing to speak 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; that at this time, no one has signed up to speak. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 01R-1365, CHANGING THE NAME OF SIXTH STREET BETWEEN U.S. 41 AND ORANGE AVENUE TO BOULEVARD OF THE ARTS; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IV-A-1) #1 (2245) through (2516) Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission and stated that neighborhood input regarding the potential name change of Sixth Street to Boulevard of the Arts between US 41 and US 301 was previously requested; that a postcard survey of property owners along Sixth Street between US 41 and US 301 and also from the Gillespie Park Neighborhood Association (GPNA) and the Rosemary District Association (RDA) was conducted; that the GPNA and RDA indicated support for the name change between Orange Avenue and US 41 but did not support the name change between Orange Avenue and US 301; that the postcard survey of affected property owners indicated majority support for the name change between Orange and US 41 but less support for the name change between Orange Avenue and US 301; that at the April 16, 2001, Regular Commission meeting, the Commission approved the proposal to change the name of Sixth Street to Boulevard of the Arts between US 41 and Orange Avenue and authorized the City Attorney's Office to prepare a Resolution authorizing the requested name change between US 41 and Orange Avenue; that Staff's recommendation is to approve proposed Resolution No. 01R-1365. Commissioner Quillin asked if opposition was received regarding the name change from US 301 to Orange Avenue? Ms. Hay stated that a survey was conducted; that two respondents were in opposition; that GPNA responded in opposition to the name change extending through to US 301 as an increase in traffic would be expected; that GPNA recommended the name change occur only bet tween Orange Avenue and US 41. BOOK 49 Page 21260 06/18/01 6:00 P.M. BOOK 49 Page 21261 06/18/01 6:00 P.M. Commissioner Quillin asked the reason improvements were made to Sixth Street between Orange Avenue and US 301? Ms. Hay stated that the improvements were for beautification. City Manager Sollenberger stated that improvements along Sixth Street were made in accordance with a Commission decision; that funds from the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, were committed to the improvements in the referendum approving the L.O.S.T. extension. Vice Mayor Mason stated that the indication is everyone is interested in beautification of individual neighborhoods but not in the potential for increased traffic. Commissioner Quillin stated that a significant increase in traffic cannot be assumed. Commissioner Martin stated that the name Boulevard of the Arts will necessitate a lengthy sign; and asked if Boulevard can be abbreviated? Ms. Hay stated that an abbreviation will be utilized. Commissioner Quillin stated that a sign should be hung from the intersection; that the word Boulevard should not be abbreviated; that continuity should be preserved. Mayor Hogle opened the public hearing, There was no one signed up to speak and Mayor Hogle closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1365 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 01R-1365. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to adopt proposed Resolution No. 01R-1365. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Quillin, yes; Hogle, yes; Martin, yes; Mason, yes; Palmer, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4316, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING FOR AN ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR AN ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR COMPLIANCE WITH OTHER LAWS AND THE CITY'S EXERCISE OF ITS POLICE POWERS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A RESERVATION OF RIGHTS; PROVIDING FOR AN EFFECTIVE DATE; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #1 (2518) through (3133) Gibson Mitchell, Director of Finance, came before the Commission and stated that the City adopted a 7 percent communication service tax in 1985 which has been profitable; that the revenues for FY 2000/01 are forecasted at approximately $3.668 million; that proposed Ordinance No. 01-4316 is for the City to increase the local communication service tax by 0.12 percent effective October 1, 2001; that the increase is requested in lieu of the collection of permit fees from any providers of communications services which use or occupy municipal roads or rights-of-way to provide service; that the State Legislature recently passed a revision to the Communication Service Tax Simplification Law, Chapter 202, Florida Statutes, which provides the City may not require permit fees from such providers of communications services; that the City is allowed to increase the total rate for the local communication services tax as computed under Section 202.20 (1) and (2), Local Communication Services Tax Rates, Florida Statutes, by 0.12 percent; that the City is also required to notify the Florida Department of Revenue by certified mail on or before July 16, 2001, of the City's election not to require and collect permit fees and, in lieu thereof, to increase the local communication services tax payable to the City; that proposed Ordinance No. 01-4316 provides for raising the tax by 0.12 percent. Commissioner Palmer stated that the revenues received from the tax will be far less than the revenues received prior to the passage of the legislation; that previous revenues were $3.6 million; that estimated revenues are $3.668 million for fiscal year 2000/01; that the City's revenues will be greatly reduced due to the new legislation. BOOK 49 Page 21262 06/18/01 6:00 P.M. BOOK 49 Page 21263 06/18/01 6:00 P.M. Mr. Mitchell stated that the legislation also provides for a review of the revenues every quarter; that the tax rate can be raised if the City does not receive at least the amount of revenues received prior to enactment of the new legislation. Commissioner Palmer asked the estimated impact on the budget? Mr. Mitchell stated that $3.6 million was budgeted for the communications excise tax for fiscal year (FY) 2000/01; that the revenues for the new communications tax will be estimated at $4,281 million for FY 2001/02; that minimal revenues were expected at the time the elecommunications tax was revised in 1985 from 10 percent locally to 7 percent Statewide; that the minimal revenues expected became significantly greater than anticipated. Commissioner Quillin asked if proposed Ordinance No. 01-4316 provides for payment of fees to the State with the State refunding the City? Mr. Mitchell stated yes. Commissioner Quillin stated the figures are confusing; that an audit can be conducted if a discrepancy is believed to exist. Mr. Mitchell stated that is correct. Commissioner Quillin asked the manner in which the tax is monitored currently? Mr. Mitchell stated that Verizon Wireless Services, LLC (Verizon), provides proof of the tax paid and has proven consistently accurate; that information concerning the other providers is not available at this time but could be obtained if desired. Commissioner Quillin stated that a fail-safe system does not currently exist. Mr. Mitchell stated that is correct; and stated that the potential profit should be viewed optimistically. Mayor Hogle opened the public hearing. There was no one signed up to speak and Mayor Hogle closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4316 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4316 on first reading. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to pass proposed Ordinance No. 01-4316 on first reading. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 12. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (3155) through (3355) Evelynn Holland, 3916 Glen Oaks Manor Dr. (34232-1035). Treasurer and Trustee of the Daughters of the American Revolution (DAR), came before the Commission and stated that the DAR has been part of the City since 1925; that the DAR facility is located adjacent to Pioneer Park on 12th Street; that recently, a decision was made additional space for parking was required, particularly handicapped parking; that the DAR has over 200 members; that the City Manager was contacted for guidance; that the DAR is grateful for the guidance received by City Manager Sollenberger, William Hallisey, Director of Public Works, and Rick Winters, Engineering Project Manager; that Public Works employees removed problem trees and performed necessary maintenance in the area safely and immediately; that all City employees who offered assistance did sO with great sincerity, kindness, professionalism, and skill; that the City should be proud of, Staff of the Public Works Department, Mr. Winters, and the City Manager; that a certificate was previously presented to Mr. Winters and Mr. Hallisey; and presented a certificate of appreciation to City Manager Sollenberger in acknowledgement of his assistance. 13. UNFINISHED BUSINESS: ADOPTION RE: RESOLUTION NO. 01R-1380, AUTHORIZING THE ALLOCATION OF CITY FUNDS IN THE EVENT OF AWARD OF A HOPE VI GRANT TO THE SARASOTA HOUSING AUTHORITY OF THE CITY OF SARASOTA BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FINDING THAT A HOPE VI GRANT WILL ENSURE THAT HOUSING DEVELOPMENT AND SOCIAL SERVICES PROGRAM NEEDS IN NORTH SARASOTA ARE MORE EXTENSIVELY ADDRESSED ETC. (TITLE ONLY) ADOPTED; DIRECTED THE CITY AUDITOR AND CLERK TO PROVIDE A COPY TO BOOK 49 Page 21264 06/18/01 6:00 P.M. BOOK 49 Page 21265 06/18/01 6:00 P.M. THE SARASOTA HOUSING AUTHORITY FOR INCLUSION IN THE HOPE VI GRANT APPLICATION (AGENDA ITEM VI-1) #1 (3370) through (3616) City Attorney Taylor stated that changes have been made to proposed Resolution No. 01R-1380 concerning the allocation of City funds in support of a Housing opportunities for People Everywhere (HOPE) VI grant application included in the Agenda backup material; that the changes do not affect the title of proposed Resolution No. 01R-1380; that the amended proposed Resolution may be adopted at this meeting; that the following will be added to the beginning of Section 1 of proposed Resolution No. 01R-1380: In the event of an award of the HOPE VI grant to the Sarasota Housing Authority (SHA)... City Attorney Taylor continued that the following will be added to the end of Section 1: The total value of the commitment of the City of Sarasota shall be approximately $10 million as follows: Storm facilities ($2 million) Housing and Community Development ($2,885,000 million) Section 108 Loan Financing ($2 million) Impact fees ($823,272) Property taxes (20-year bond) ($225,375) City Auditor and Clerk Robinson read proposed Resolution No. 01R-1380 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 01R-1380 and directing the City Auditor and Clerk to provide a copy to the SHA for inclusion in the HOPE VI grant application. On motion of Vice Mayor Mason and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 01R-1380 and to direct the City Auditor and Clerk to provide a copy to the Sarasota Housing Authority (SHA) for inclusion in the Housing Opportunities for People Everywhere (HOPE) VI grant application. Commissioner Palmer stated that changes requested during the June 18, 2001, Commission Workshop concerning City-owned property and architectural design standards should be provided to the City prior to or on the date of the HOPE VI grant application submission. Mayor Hogle called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes, Quillin, yes; Hogle, yes. The Commission recessed at 7:35 and reconvened at 7:45 p.m. Mayor Hogle stated that the presentation for New Business, Item No. VII-4, concerning the City of Sarasota V. Florida South Properties, Inc., and Genesis Health Services, Inc., is brief and can be quickly presented by the City Attorney's Office and acted upon by the Commission; that hearing consensus from the Commission, New Business, Item No. VII-4, will be heard next. 14. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO ENFORCE THE ORDERS OF THE CODE ENFORCEMENT SPECIAL MASTER IN THE MATTER OF CITY OF SARASOTA V. FLORIDA SOUTH PROPERTIES, INC. AND GENESIS HEALTH SERVICES, INC. (CITATION NO. 2001-0195) - APPROVED (AGENDA ITEM VII-4) #1 (3687) through #2 (0076) Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that Florida South Properties, Inc. (FSP) is the owner of property located at 2500 10th Street which is leased to Genesis Health Services, Inc. (Genesis), an unlicensed group home; that the Code Enforcement Special Master has found the facility in violation of the Sarasota City Code (City Code) ; that the Special Master has ordered the lessee to reduce occupancy to four people or less or receive a State license; that neither requirement has been met to date; that a $250 per day fine is being levied against Genesis for improper use of the property and failure to comply with the City Code; that FSP has filed an eviction action to remove Genesis from the property subject to the Orders of the Code Entorcement Special Master; that the lease expires at the end of June 2001; that the City Attorney's Office is requesting permission to file suit against Genesis if necessary sO the Circuit Court can enforce the Special Master's decision; that the $250 per day Eine is against the leaseholder rather than the property owner; therefore, a lien is not allowable; that a Court order to vacate the property is the only means by which to move forward; that during the Special Master hearings, many neighbors complained on the record about the leaseholders and the use of the property. BOOK 49 Page 21266 06/18/01 6:00 P.M. BOOK 49 Page 21267 06/18/01 6:00 P.M. City Manager Sollenberger stated that the Administration recommends authorizing the City Attorney's Office to enforce the Orders of the Special Master concerning City Citation No. 2001-0195. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to authorize the City Attorney's Office to enforce the Orders of the Special Master concerning City Citation No. 2001-0195. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Vice Mayor Mason left the Chambers at 7:50 p.m. Commissioner Quillin stated that hearing Untinished Business, Item No. VI-3, concerning the Transportation Concurrency Exception Area (TCEA) I prior to Unfinished Business, Item No. VI-2, concerning the Transportation Management organization (TMO), is appropriate; that the TMO supports the TCEA and should be heard second. Commissioner Martin stated that the TCEA presentation is a logical precedent to the TMO presentation. Commissioner Quillin stated that hearing the TCEA presentation prior to the TMO presentation will provide better understanding. Commissioner Palmer stated that the order of the presentations is not a concern; that the TMO presentation has been long awaited; that the TMO presentation will not be as lengthy as the TCEA presentation; that an audience member interested in the TCEA presentation will likely remain through the TMO presentation and vice versa. Commissioner Quillin stated that a decision must be made concerning the TCEA; that the TMO supports the TCEA; that the TMO presenters should hear the TCEA presentation. Mayor Hogle stated that following the order of the Agenda is preferred. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to change the Orders of the Day and hear the TCEA presentation prior to the TMO presentation. Motion failed (2 to 2). Martin, yes; Palmer, no; Quillin, yes; Hogle, no. 15. UNFINISHED BUSINESS : APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE DOWNTOWN ASSOCIATION FOR FUNDING THE TRANSPORTATION MANAGEMENT ORGANIZATION (TMO) DURING A TWO-YEAR PERIOD APPROVED (AGENDA ITEM VI-2) #2 (0076) through (0642) Dennis Daughters, Director of Engineering/City Engineer, came bef fore the Commission and stated that the Transportation Management Organization (TMO) will be established through an agreement between the City and the Downtown Association of Sarasota, Inc. (Downtown Association) , which will be provided City funding for the TMO for a two-year period; that the purpose of the TMO is to organize and manage local transportation efforts, to create mobility alternatives, and to provide education for employers and commuters; that the effort is directed at reducing the number of personal vehicle trips particularly during peak hours and promoting alternatives to single-occupant vehicles such as public transportation, car-pooling, bicycling, and walking; that the Florida Department of Transportation (FDOT) approved the City's pursuit of the TMO through the Downtown Association; that FDOT awarded a grant for the TMO and contracted with the Downtown Association in the amount of $84,000 for a two-year period; that the City set aside $138,910 for a three-year period; that Staff recommends contracting with the Downtown Association for a two-year period for $92,740; that the specific scope of work is the same in the contract between the FDOT and the Downtown Association and the contract between the City and the Downtown Association. Commissioner Quillin asked if the Commission can be assured the TMO will be proactive? Mr. Daughters stated that funding will not be received by the Downtown Association if the TMO does not accomplish the established activities; that the scope of work outlined in the contract with the Downtown Association must be accomplished; that FDOT and Staff do not anticipate a significant reduction of vehicular traffic in the first year; that expecting a significant reduction in vehicular traffic in the first year is futile; that the Eirst year will be primarily organizational and educational; that the TMO should be successful in reducing vehicular traffic in the Euture; that the anticipation of a reduction in vehicular traffic in the future is the reason for requesting funding for multi-year contracts; that FDOT can continue funding for several BOOK 49 Page 21268 06/18/01 6:00 P.M. BOOK 49 Page 21269 06/18/01 6:00 P.M. years; that TMOS have been funded in different areas around the State; that the FDOT has only removed funding from two TMOs. Vice Mayor Mason returned to the Chambers at 7:55 p.m. Commissioner Quillin stated that the FDOT has previously funded transportation authorities, for example, in the Tampa Bay area. Mr. Daughters stated that a TMO and a transportation authority are interchangeable names; that the name TMO was previously chosen; however, any name could be utilized. Commissioner Quillin stated that the TMOS which are currently operational and proactive in the State are tied to specific programs; that a TMO should have been successfully operational for the past two years in the City; that success has not been achieved; that the same people are requesting funding for a project which has yet to prove successful; that assurance of a new TMO's success must be provided; and asked if everyone in the Transportation Concurrency Exception Area (TCEA) must participate in the TMO? Mr. Daughters stated that the TMO is not a mandated program; that mandating citizens utilize alternate modes of transportation will not be successful that the TMO cannot force citizens to ride public transportation to and from work everyday; that hopefully, citizens will choose alternate modes of transportation; that the TMO serves to make the alternate modes of transportation more enticing. Commissioner Quillin asked the manner in which Downtown businesses will participate in the TMO? Mr. Daughters stated that Downtown businesses will be educated regarding alternate modes of transportation. Commissioner Quillin stated that key players must be involved in the TMO for the TMO to work; that she has served on numerous committees with the Sarasota/Manatee Metropolitan Planning Organization (MPO) i that service on committees is not difficult; that committees create viable programs; that interested and willing participants are necessary for a program to work. Paul Thorpe, Executive Director, Downtown Association, and Pam Truitt, Member, Downtown Association, came before the Commission. Ms. Truitt stated that the TMO is a new program; that answers to all questions have not been determined yet; that the intent is to hire a proactive Director for the TMO; that the TMO will save business owners and developers money and is an attractive program; that the majority of the first year will be spent being educated as to the community's desires regarding an enticing TMO; that the Downtown Association is proud and excited to develop the TMO; that a Director's position is currently being advertised; that a representative from a Tampa area TMO met with the Downtown Association and provided advice concerning successful methods of operating a TMO; that education is key. Mr. Thorpe stated that the Downtown Association has worked with FDOT and others to develop plans; that discussions have been held with community members who are eager to see the TMO in action; that the Downtown Association is prepared and ready to begin; that FDOT believes the Downtown Association is ready to begin; that the hope is the City will also believe the Downtown Association is ready to begin. Phillip Dasher, 926 Boulevard of the Arts (34236), representing the Sarasota County Bicycle, /Pedestrian Committee and the Bayfront Condominium Association, came before the Commission and quoted Action Strategy 8.7, Transportation Chapter, City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), as follows: Transportation Management Organization: In cooperation with the Sarasota Downtown Association and residents within the TCEA, the City shall pursue establishing a TMO to make recommendations to the City Commission concerning Transportation Systems Management and Transportation Demand Management strategies. Such recommendations may include both implementation of new strategies and modification of existing strategies. Mr. Dasher continued that residents are not included in the proposal for the TMO; that residents are experts on traffic and transportation in the area and are not being consulted; that the TMO as proposed appears to be a unilateral organization; that the TMO was supposed to be in conjunction with mitigation strategies in the TCEA over three years; that no mitigation strategies have occurred; that some mitigation strategies were required in conjunction with the Renaissance of Sarasota project, which was approved in 1997; that the current proposal for a TMO seems contrary to strategies adopted by the City BOOK 49 Page 21270 06/18/01 6:00 P.M. BOOK 49 Page 21271 06/18/01 6:00 P.M. through the TCEA; and asked for details of the TMO's agenda and the proposed direction of the TMO? Ms. Truitt stated that a board separate from the Downtown Association will be established for the TMO with resident participation expected; that currently a separate board is premature; that the Downtown Association requests time to begin the TMO project; that funding from FDOT will come directly to the Downtown Association rather than to the City; that City funds will be involved; therefore, the TMO through the Downtown Association will be held accountable to the City and City residents. Mr. Daughters stated that the Center for Urban Transportation Research (CUTR) and FDOT recommended a non-govermmental agency run the TMO; that FDOT and CUTR believe government agencies do not run management organizations effectively. Commissioner Palmer stated that the Downtown Association will include stakeholders from Downtown; that Downtown businesses and residents will be actively involved; that many considerations are involved in developing and promoting alternate modes of transportation; that Mr. Dasher's assistance will be vital, as will the assistance of representatives of other organizations; that interested participants should be recruited and involved; that the time required to begin the TMO is personally frustrating; that expeditious movement is expected; that major traffic issues must be addressed. Commissioner Martin stated that evidence of forward movement of the TMO is necessary; and asked if a report can be provided to the Commission on a regular basis? Mr. Daughters stated that the City's contract with the Downtown Association requires a monthly report to the Engineering Department and quarterly reports to the Commission. Commissioner Martin stated that reports will be provided to the Commission. Mr. Daughters stated that is correct. City Manager Sollenberger stated that the Administration recommends approving the agreement between the City and the Downtown Association for funding the TMO during a two-year period. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to approve the agreement between the Çity and the Downtown Association of Sarasota, Inc. to fund the Transportation Management Organization for a two-year period. Commissioner Quillin stated that the individuals and organizations involved are pleasing; that the City is in a crisis concerning traffic, especially during tourist season; that viable options are available to ease the traffic burden; that a Director for the TMO must be hired expeditiously, that creative alternatives for transportation must be developed to move people around the City; that construction will begin soon on several projects which will further increase transportation problems; that the County should be lobbied for support for transportation; that daily complaints are expected at the time construction begins on the John Ringling Causeway Bridge; that favorable reports from the TMO are expected. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 16. UNFINISHED BUSINESS: APPROVAL RE: : RETAINING THE TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) ANNUAL REPORT = APPROVED RETAINING THE TCEA INTERIM STANDARDS FOR TWELVE MORE MONTHS UNTIL JUNE 2002; DIRECTED THE ADMINISTRATION TO: 1) PURSUE CERTAIN TRANSPORTATION PROJECTS AND STUDIES AS OUTLINED, 2) PURSUE THE RECOMMENDATIONS OUTLINED IN THE 2001 TCEA STATUS REPORT, 3) TO PURSUE THE "NEW STRATEGY" RECOAMENDATIONS AS PRESENTED BY TINDALE- - OLIVER AND ASSOCIATES, AND 4) TO REPORT BACK IN JUNE 2002 AS TO RETENTION, MODIFICATION, OR ELIMINATION OF THE TCEA INTERIM STANDARDS; AND REQUIRED ALL NEW DEVELOPMENTS IN THE TCEA TO PARTICIPATE IN THE TRANSPORTATION MANAGEMENT ORGANIZATION (AGENDA ITEM VI-3) #2 (0645) through #3 (1085) Dennis Daughters, Director of Engineering/City Engineer, Steve Tindale, Principal Engineer, and Doug Coxon, Associate Engineer, Tindale-Oliver & Associates, Inc. tindale-Oliver), came before the Commission. Mr. Daughters stated that the Transportation Chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) I previously established the City's Transportation Concurrency Exception Area (TCEA) effective January 21, 1999, and requires the Engineering Department to BOOK 49 Page 21272 06/18/01 6:00 P.M. BOOK 49 Page 21273 06/18/01 6:00 P.M. provide an annual status report concerning recommendations to retain, modify, or eliminate the TCEA interim standards; that the previous status report was provided at the January 18, 2000, Regular Commission meeting, at which the Commission approved the following actions: 1. Approved retaining the TCEA interim standards for sixteen months, until May 2001 2. Directed the Administration to pursue certain transportation projects and studies 3. Directed the Administration to pursue the recommendations in the Tindale-oliver report 4. Directed the Administration to report in May 2001 as to the retention, modification, or elimination of the TCEA interim standards Mr. Daughters continued that the first approved action was to retain the TCEA interim standards until May 2001; that the TCEA interim standards differ from the transportation concurrency standards for other City streets; that reduced level of service (LOS) standards are applied in the TCEA; that 42 new developments have been approved since the adoption of the TCEA; that the TCEA constitutes the same boundaries as the Community Redevelopment Area; that 10 of the 42 new developments were approved prior to the effective date of the TCEA; that 32 completely new developments have been approved since January 21, 1999; that 14 of the new developments were approved during 1999; that 18 new developments were approved during 2000 and 2001; that the TCEA interim standards were applied to the 32 most recent developments; that only 16 of the 42 new developments are complete and fully or partially occupied; that a number of the remaining new developments may require significant time to complete. Mr. Daughters further stated that the second approved action concerns implementation of any necessary adjustments to the City's Capital Improvement Program (CIP); that a summary of the transportation improvements projects affecting the TCEA are included in the Agenda backup material; that construction of many transportation improvement projects in the CIP affecting the TCEA have already been completed or recently initiated; that Mayor Hogle and Commissioner Quillin are members of the Project Priority Subcommittee of the Sarasota/Manatee Metropolitan Planning Organization (MPO); that the Project Priority Subcommittee recently approved prioritizing City CIP Project Nos. EN-71.0, 17th Street from US 41 to Orange Avenue, and EN-71.1, 17th Street at US 301, ahead of Project No. EN-107.0, 12th Street between Tuttle Avenue and Beneva Road, to facilitate Staff's recommendation to improve 17th Street prior to 12th Street; that Project No. EN-107.0 was previously approved for MPO funding of approximately $400,000; that the Project Priority Subcommittee subsequently increased the funding for Project No. EN-107.0 to approximately $3 million during fiscal year (FY) 2007/08 as a result of the lobbying efforts of Mayor Hogle and Commissioner Quillin; that the 12th and 17th Streets improvements are much needed. Mr. Daughters stated further that the third approved action was to pursue the recommendations of the City of Sarasota Transportation Concurrency Exception Area 2000 Annual Report, which included seven recommendations; that the City has completed five of the seven Tindale-Oliver recommendations; that one of the incomplete recommendations was to develop LOS criteria responsive to the long-term transportation goals of the City; that developing the City's long-term transportation goals will be discussed as part of the presentation; that the remaining incomplete recommendation was to adopt LOS standards for all modes of transportation which was partially completed and is related to the implementation of the recommendations of the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020); ; that a regional transportation study has also been initiated. Mr. Daughters stated that the last approved action concerns providing a TCEA status report to the Commission by May 2001; that Staff recommended providing the TCEA status report during May 2001 instead of January 2001 to allow sufficient time to obtain FDOT's traffic counts for the City, which are usually provided during April 2001 but were not received until late May 2001. Mr. Tindale referred to displayed computer-generated slides of the City of Sarasota Transportation Concurrency Exception Area 2001 Status Report Draft (TCEA Report) included in the Agenda backup material throughout the presentation and stated that the intent of the TCEA Report is to provide concrete recommendations and strategies for the TCEA during the upcoming year and for the long term; that TCEA standards were previously adopted to provide reduced LOS standards in the TCEA; that FDOT and the City regularly conduct traffic counts in the City; that the BOOK 49 Page 21274 06/18/01 6:00 P.M. BOOK 49 Page 21275 06/18/01 6:00 P.M. traffic count data obtained by FDOT and the City is important and substantial; that substantial traffic counts were difficult to obtain ten years ago; that the City's traffic counts are excellent and among the most reliable in the State; that substantial traffic counts have been obtained annually since 1988; however, traffic counts may vary significantly from year to year. Mr. Tindale referred to a displayed computer-generated slide of the City's annual traffic counts since 1988 and continued that Tindale-Oliver has utilized regression analysis as a statistical model to obtain a baseline of the Average Annual Daily Traffic (AADT) estimates for the City during previous and future years; that the baseline estimate factors the City's growth rate and the construction of new developments which may attract further vehicular traffic to the TCEA; that vehicular traific may increase on City streets between 1 and 3 percent annually; that annual vehicular traffic increases were also included to produce an AADT annual baseline estimate; that adopting an AADT baseline estimate will afford the City consistency for transportation planning and mitigation efforts within the TCEA; that traffic counts are samples of the vehicular traffic at selected dates and times and may vary significantly from year to year; that a traffic count may increase or decrease significantly in the same location from one year to the next; however, the significant variance between traffic count samples may be due to the sampling method rather than any actual significant increase or decrease in vehicular traffic; that a regression analysis is utilized to produce a reliable, standardized estimate of vehicular traffic in the TCEA for future years. Mr. Tindale referred to a displayed computer-generated chart of LOS standards comparing vehicular speed to street physical capacity and further stated that LOS standards range from LOS A to F; that lower LOS standards such as LOS A and B refer to higher speed vehicular traffic on a street upon which the physical capacity remains sufficient to accommodate existing traffic; that LOS standards increase as the physical capacity of a street is attained and exceeded; that vehicular traffic will slow significantly as a result; that LOS C and D are moderate LOS standards; that LOS E is a congested LOS standard; that LOS F is the most significant LOS standard and represents a street upon which physical capacity has been exceeded and significant slow-speed vehicular congestion is occurring; that delays increase as the LOS standard increases; that Downtown and other urbanized areas are prone to higher LOS standards as a result of the increased number of signalized intersections, which substantially increases the delay for waiting vehicles on major arterials; that non-urban transportation areas experience signalized intersections only every mile or two miles and thus allow greater vehicular movement. Mr. Tindale referred to a displayed computer-generated chart of the intersection of US 41 and Fruitville Road and stated that the vehicular delay at the intersection of US 41 and Fruitville Road is significant; that significant vehicular delays at intersections result in further vehicular congestion on other portions of the affected streets and higher LOS standards; that the physical capacity of a street is frequently exceeded as a result of significant delays at signalized intersections; that after the physical capacity of a street is exceeded, the resulting increase in vehicular delay increases aisproportionately, that the addition of a single car results in a tripling of the vehicular delay; that vehicular traffic on streets rated LOS F should be reduced if possible; that the TCEA allowed the City to increase the LOS of streets previously rated LOS A, B or C to LOS D to promote usage; that any traffic which increases congestion to below LOS D requires the City or the affecting development to implement a traffic mitigation strategy; that the streets rated LOS D were increased to LOS E; that the allowable physical capacity of streets rated LOS E or F was multiplied by a factor of 1.15 to allow the City sufficient time to implement any necessary mitigation strategies and to allow approval of any new developments which may substantially increase vehicular traffic on City streets; that some vehicular congestion is allowed to stimulate growth in Downtown areas and has been accepted in other jurisdictions. Commissioner Palmer stated that TCEAS are standard in many jurisdictions in the State; and asked if a significant number of jurisdictions have eliminated transportation concurrency requirements altogether? Mr. Tindale stated that some jurisdictions have eliminated all transportation concurrency requirements. Commissioner Palmer asked if the City's TCEA transportation concurrency standards are more liberal or conservative than other jurisdictions? Mr. Tindale stated the City's TCEA transportation concurrency standards are: moderate to slightly conservative; that the City BOOK 49 Page 21276 06/18/01 6:00 P.M. BOOK 49 Page 21277 06/18/01 6:00 P.M. is similar to Martin County, Florida, and has maintained the majority of LOS standards and not allowed streets to degenerate as a result of exceeded physical capacities; that some jurisdictions exempted all new developments from the TCEA standards; that the City is attempting to undertake significant community redevelopment efforts while simultaneously attempting to observe the standards and regulations of the applicable City codes; that the City's streets are not as congested as those in many jurisdictions; that Martin County also adopted TCEA standards without exempting new developments; that the City's and Martin County's TCEA standards do not eliminate all transportation concurrency requirements but allow approval of new developments while slightly relaxing but maintaining control of transportation concurrency requirements; that continuing the TCEA standards until June 2002 is recommended as a result of the current status of vehicular congestion in the City; however, vehicular congestion will increase in the future as the City's new developments are completed and occupied; that the expectation is the City will increase transportation concurrency requirements and TCEA standards to require new developments to implement traffic mitigation strategies. Commissioner Quillin referred to the TCEA Report and stated that the TCEA Report indicates the following: If, however, the City is growing discontent with the degree of congestion that is being experienced now, then the TCEA standards may be too liberal. Mr. Tindale stated that the statement indicates the City has the option to revise the TCEA standards if desired. Commissioner Quillin stated that the physical capacities of the City's streets require further examination; that the MPO would prefer expansion of the intersection of Gulf Stream Avenue and US 41 to six or eight lanes and construction of a bridge to Longboat Key consisting of six lanes of traffic to mitigate existing vehicular congestion; that additional vehicular congestion occurs during the tourist season; that the construction of new developments will generate additional vehicular congestion; that multiplying the LOS E and F standards by a factor of 1.15 allows further congestion on the City's streets without requiring the implementation of traffic mitigation strategies; that the TCEA Report indicates the City's TCEA may be too liberal. Mr. Tindale stated that the reference was included in the TCEA Report to address any public feelings of discontent towards the TCEA as a result of potential increases in vehicular congestion; that the City has the right to adopt more stringent TCEA standards if desired. Commissioner Quillin stated that vehicular congestion is increasing in the City; that the duration of vehicular congestion in the City should be measured in hours; that vehicular congestion occurs in the morning for a significant period. Mr. Tindale stated that the status of vehicular congestion in the City will be discussed as part of the recommendations of the TCEA Report. Commissioner Quillin asked if the pertinent statistics concerning the status and duration of vehicular congestion will be discussed later in the presentation? Mr. Tindale stated yes; referred to a map of the City's streets indicating the LOS standards and the physical capacities of major arterials during 2000; and continued that the AADT baseline estimates can be projected according to the desired future level of development on a particular City street; that the projected AADT baseline estimates provide the City valued information if considering approval of particular developments; that the physical capacity of certain City streets was exceeded during 2000 according to the adopted TCEA standards; that new developments should probably not be approved for streets if physical capacity has been exceeded; that the map also indicates the major arterials along which new developments have been approved causing the street to exceed physical capacity after project completion according the TCEA standards; that other City streets are close to but should not exceed TCEA standards after previously approved developments are completed; that the remaining streets indicated on the map will not be significantly affected by the approved developments upon completion and could handle substantial new growth and further development; that new developments should not be approved for many major City streets if transportation mitigation strategies are not implemented. Mr. Tindale further stated that the City may be required to impose additional transportation concurrency requirements for new developments; however, the City's current transportation concurrency requirements for new developments within the TCEA BOOK 49 Page 21278 06/18/01 6:00 P.M. BOOK 49 Page 21279 06/18/01 6:00 P.M. are stringent and require new developments to implement traffic mitigation strategies if necessary; that the current TCEA standards could be maintained without a substantial increase in vehicular congestion until a long-term transportation concurrency strategy and goals are developed and implemented; that the TCEA Report incorporates the impact of major external City streets on the TCEA; that TCEA standards only apply to the defined area and are only utilized for developments within the TCEA; that TCEA LOS standards are not allowed for developments outside the TCEA; that new development is therefore encouraged within the TCEA and especially on streets upon which physical capacity has not been exceeded; that the City does not currently have any developments which exceed the TCEA standards or affect a significant number of other streets; that the TCEA Report recommends tracking traffic volumes monthly instead of annually due to the new developments approved in the City; that the monthly tracking of traffic volumes will facilitate the City's efforts to regulate and consider new developments. Commissioner Palmer stated that the most significant vehicular congestion occurs at Gulf Stream Avenue at the intersection with US 41, US 41 from the intersection of US 301 along the Bayfront to Fruitville Road, and Fruitville Road between US 41 and US 301; that according to the TCEA Report, the physical capacities of Gulf Stream Avenue, US 41, and Fruitville Road within the TCEA have not been exceeded; that the majority of complaints concerning traffic congestion concern Gulf Stream Avenue, US 41, and Fruitville Road; that the TCEA Report also indicates the physical capacity of Beneva Road near Fruitville Road was significantly exceeded during 2000; that her experience is Beneva Road near Fruitville Road does not experience significant vehicular congestion; that more vehicular congestion occurs on Gulf Stream Avenue and US 41. Mr. Tindale stated that streets are classified according to State standards; that the classification of streets within urban areas is different than suburban or rural areas; that increased vehicular congestion is allowed for streets located in urban areas as contrasted with streets located in suburban areas; that as a result, the classifications of suburban and urban streets differ significantly, that an urban street could be experiencing significantly more vehicular congestion than a suburban street yet would not be considered failing due to the State classification; that similar levels of vehicular congestion are not allowed on suburban streets; that the difference in ranking concerns the classification of Beneva Road versus Gulf Stream Avenue and US 41. Commissioner Quillin referred to Table 3, TCEA Most Critical Roadway Segments, included in the TCEA Report and asked if signalized intersections are the primary cause for exceeding the physical capacity of many City streets such as Fruitville Road between Shade and Tuttle Avenues? Mr. Daughters stated yes; that signalized intersections contribute significantly to exceeding the physical capacity of streets. Commissioner Quillin stated that Orange Avenue exceeded physical capacity north of Tenth Street during 2000 and experienced significant vehicular capacity between Tenth Street and US 41; that new developments may be affecting the physical capacity of Orange Avenue; that certain City streets are being utilized more than others and are failing; that the data concerning Gulf Stream Avenue and US 41 is inaccurate as significant vehicular congestion regularly occurs. Mr. Tindale stated that the computer-generated map does not agree with Table 3, TCEA Most Critical Roadway Segments, provided in the TCEA Report; that the computer-generated map should indicate the physical capacity of Gulf Stream Avenue was exceeded during 2000, which is indicated correctly on Table 3. Commissioner Quillin stated that the physical capacity of many City streets is exceeded; that the recommendation to increase the transportation concurrency requirements for streets rated LOS E and F by a factor of 1.15 is not supported; that the indications of the TCEA Report do not correspond with recently approved new developments, which were evaluated as having a de minimus traffic impact; that new developments cannot have a de minimus traiiic impact if the physical capacity of the affected streets has been significantly exceeded. Mr. Daughters stated that the determination of de minimus impact of a development on the physical capacity of an affected street is made if a new development generates less than 1 percent of the physical capacity of the street at the adopted LOS standard; that an additional traffic study is conducted if the impact of a new development is not de minimus; that the 1 percent impact level is established by the State. Mr. Tindale referred to Table 4, Regression Based Evaluation, TCEA Report, and stated that the computer-generated map previously BOOK 49 Page 21280 06/18/01 6:00 P.M. BOOK 49 Page 21281 06/18/01 6:00 P.M. displayed referred to Table 4 of the TCEA report and not Table 3, TCEA Most Critical Roadway Segments; that after reviewing the traffic counts, the traffic volumes for certain streets demonstrate significant fluctuations which are not explainable; that a regression analysis was performed to determine an average traffic volume for City streets and the appropriate LOS standard; that the 1.15 factor was recommended to allow 15 percent new development growth in the City and thus a 15 percent corresponding traffic growth; that the Commission is not required to adopt the recommended increases in LOS standards for Fruitville Road, US 301, and Orange and Osprey Avenues suggested in Table 4; that the TCEA Report suggests an additional level of congestion could be allowed; however, the existence of vehicular congestion on many City streets is also acknowledged in the TCEA Report; that the City has a choice to maintain or raise TCEA standards; that the current level of vehicular congestion in the City is reasonable; that a 15 percent increase in vehicular traffic requires producing reliable AADT baseline estimates to facilitate the City's traffic management and mitigation efforts, which have improved significantly during the past two years; that the 15 percent increase from the AADT baseline estimate can be reduced if desired; however, 15 percent growth is not unreasonable and could be allowed; that traffic growth will fluctuate from year to year. Commissioner Quillin asked if a significant increase or decrease in the AADT baseline estimate could result if an unanticipated traffic count is obtained for a particular year? Mr. Tindale referred to Figure 2, Historic Trend of Volume, TCEA Report, and stated that extreme values are not utilized in the AADT baseline estimate; that the traific count data from 1992 and 1994 were not utilized due to the significant differences in the traffic counts from previous years; that the AADT baseline estimate should be utilized to provide stable estimates of traffic volume in the City; that the traffic volume in 1998 was nearly identical to the projected traffic volume according to the AADT baseline estimate; that a higher than estimated traffic volume was experienced during 1999 but can be discounted due to the result of 2000, which was near the AADT baseline estimate and indicates previous estimates are correct; that the traffic count data will vary from year to year; that the AADT baseline estimate should be utilized if possible. Commissioner Quillin asked if the recommendation is for the City adopt a AADT baseline estimate? Mr. Tindale stated yes; that the TCEA Report provides an AADT baseline estimate for the City; that a single traffic count should not be utilized to justify any significant increase or decrease in traffic; that multiple traffic counts for two or more weeks are required to verify increased traffic volume is not solely the result of an event which may have increased traffic on the day of the traffic count. Commissioner Palmer stated that adopting an AADT baseline estimate for the City is supported and would provide accurate AADT data during consideration of new developments in the City; that the TCEA Report indicates the City did not previously have significant AADT data upon which to base qualified decisions; that accurate AADT data is required to ensure a potential new development does not significantly increase traffic in the City; and quoted the TCEA Report as follows: That specific segments of roads potentially impacted by TCEA development have been identified as failing does not mean that development within the TCEA will cease. These roads will limit development only if traffic from a proposed development amounts to over 4.5 percent of the road's maximum service volume. Thus, few limitations on development are imposed by the TCEA standards. Commissioner Palmer continued that the TCEA Report indicates the City cannot prohibit new developments which do not generate more than 4.5 percent of an affected street's maximum service volume. Mr. Tindale stated that the City can reduce the 4.5 percent value if desired; that the 4.5 percent value was established many years ago; that the State only requires the establishment of a de minimus traffic impact finding which is a generated traffic impact greater than 1 percent of a street's physical capacity; that a traffic study is required if a de minimus finding is not established; that the area of the traffic study is increased according to the percent impact of the new development on a street's physical capacity; that the impact of a new development may be lessened by broadening the scope of the study area, creating a reserve of street capacity; that the 4.5 percent value could be reduced to encourage new developments to mitigate any additional traffic volumes. Commissloner Palmer stated that an example is many new developments could be constructed on the same street and could each generate 4.4 percent of the affected street's maximum BOOK 49 Page 21282 06/18/01 6:00 P.M. BOOK 49 Page 21283 06/18/01 6:00 P.M. service volume; that the plurality of the new developments may result in exceeding the affected street's physical capacity; that the City would not be able to require the new developments to implement traffic mitigation strategies as the 4.5 percent value was not exceeded. Mr. Tindale stated that the 4.5 percent value was established as a minimum standard criteria for evaluating the traffic impact of larger developments; that if the 4.5 percent value is exceeded, the traffic impact of a particular development is 20 miles in each direction; that the 4.5 percent value could be adjusted by the City if desired; that a lower value could be adopted to mitigate the potential traffic impact of new developments. Commissioner Quillin referred to the Status of Interim Levels of Service Standards Section of the TCEA Report and quoted the TCEA Report as follows: Further, "regional" development will continue to add traffic to the roads adjacent to the downtown area, increasing congestion. Commissioner Quillin continued that a street located outside of the TCEA could significantly affect vehicular congestion in the TCEA; that the same standards should apply to all City streets and new developments; that a method should be developed to assess the impact of an external development on the streets located in the TCEA. Mr. Tindale stated that the 4.5 percent value is also utilized for streets located outside the TCEA. Mr. Daughters concurred and stated that the term "regional" development refers to future developments east of Interstate (I)-75. Commissioner Quillin stated that traffic originates from many areas other than east of I-75; that the City also serves as the County Seat; that people travel from many areas in the County to conduct business or to visit the City; that accurate traffic count data from the keys has not been presented; that traffic from the keys flows through Downtown and the TCEA; that regional traffic should refer to traffic originating from any area of the County; that developing Downtown to remain pedestrian friendly will be a significant challenge as traffic volumes increase. Mr. Tindale stated that the 4.5 percent value can be reduced if desired. Mr. Daughters stated that calculating an AADT baseline estimate will allow the City to redouble traffic mitigation efforts on particularly congested streets; that any street which exceeds the projected AADT baseline estimate will require further examination so an appropriate traffic mitigation strategy can be developed. Mr. Tindale referred to displayed computer-generated slides of the TCEA Report and stated that the 4.5 percent value should be reviewed; that strategies for traffic management should be discussed first; that the City's procedures for obtaining traffic counts should also be reviewed and revised to obtain more consistent and accurate data; that the City continues to approve new developments and reserve excess traffic capacity to compensate for new developments; that the impact of new developments on the City's traffic volume should be assessed monthly; that the TCEA LOS standards should be consistent with the City's long-term goals Downtown. Mr. Tindale referred to displayed computer-generated slides indicating potential transportation concurrency strategies and stated that the Community Redevelopment Area and the TCEA have the same boundary; that several congested intersections in the TCEA are major transportation concerns for the City; that citizens perceive the intersections of US 41 at Fruitville Road, US 41 at Orange Avenue, US 41 at Osprey Avenue, US 41 at US 301, and US 301 at Fruitville Road as congested intersections requiring traffic mitigation strategles; that the MPO utilizes traffic models to evaluate and approve transportation projects Downtown; that the City's transportation projects are prioritized according to the MPO traffic model; that the City is planning moderate future growth; that the MPO considers projections of the City's future growth during the project prioritization process; that the City must exert significant effort to receive high MPO prioritization of the City's transportation projects; that the impact of any new developments within the TCEA must be carefully explained. Mr. Tindale referred to a computer-generated slide of the origins of regional traffic into the City and Eurther stated that regional traffic should be diverted away from or around the TCEA; that the first strategy should be to divert traffic around Downtown; that regional vehicular traffic should not pass BOOK 49 Page 21284 06/18/01 6:00 P.M. BOOK 49 Page 21285 06/18/01 6:00 P.M. through Downtown if possible; that Downtown streets are not conducive to significant vehicular traffic; that significant vehicular congestion frequently results due to the increased regional traffic Downtown; that 17th Street and other major arterials could be utilized to bypass vehicular traffic around Downtown without utilizing Fruitville Road; that regional traffic should also be diverted from waterfront areas and other tourist destinations if possible; that existing traffic within Downtown could be dispersed evenly; that Osprey and Orange Avenues could be further utilized to disperse traffic Downtown; that the City's goal should be to disperse vehicular congestion and not just vehicular traffic; that the City should not attempt to divert traific to already congested streets; that vehicular congestion should be diverted to streets not experiencing significant vehicular traffic or congestion if possible. Mr. Tindale stated Eurther that the majority of downtown areas in the State are accessed through major arterials, highways, or interstates; that only two or three major arterials provide vehicular access to the City's Downtown; that other streets should be utilized to provide access to Downtown; that local citizens were witnessed utilizing alternate routes other than through the major arterials to Downtown; that other citizens and visitors to Downtown should be encouraged to use alternate routes to Downtown; that the City has significant options in rerouting traffic into and around Downtown; that alternate gateways to Downtown could be developed for vehicular traffic entering from the east or north; that significant signage for alternate routes into Downtown should be provided; that movements such as left turns on major arterials could be restricted to encourage use of alternate routes; that an example could be limiting left turns onto US 301 from Fruitville Road which would stimulate drivers to turn left onto other streets prior to US 301; that drivers should be particularly encouraged to utilize 17th Street as an east-west arterial; that the City's major arterials are approaching maximum physical capacity; that access to Downtown should be provided from as many directions and on as many routes as possible. Mr. Tindale referred to a computer-generated slide entitled "Demand Management" indicating hourly traffic counts on the City's major arterials and stated that in the majority of urban areas, the surrounding suburban areas typically experience a vehicular traffic a.m. and p.m. peak; that the peaks are due to the directional movement of traffic into and away from the urban area prior to and after work hours; that the peak does not occur in some urban areas; that the City currently experiences significant peak traffic volume on Fruitville Road but not US 41 or US 301; that the peak traffic volume on Fruitville Road corresponds to the beginning and end of an 8 a.m. to 5 p.m. work day; that the peak traffic volume could be reduced by encouraging local businesses to stagger working hours; that the peak traffic volume can be managed; that alternate modes of transportation should also be implemented to reduce traffic volume. Mr. Tindale continued that a cooperative effort will be required with the County to encourage citizens to utilize alternate modes of transportation; that if the City and County can encourage 10 percent of local citizens to utilize alternate modes of transportation, a 10 percent reduction in traffic volume could be realized; that the majority of counties possess four or five internal sub-areas; that the City constitutes the County sub- area with the greatest traffic volume; that the City and County should work together to target the City as a sub-area as a model for traffic volume reduction in all sub-areas; that 32 percent of the vehicles traveling on Fruitville Road during peak hours terminate trips Downtown; that only 10 percent of vehicles traveling from the keys terminate trips Downtown; that 11 percent of vehicles traveling north and south from US 41 terminate trips Downtown; that 20 percent of vehicles traveling south on Orange and Osprey Avenues terminate trips Downtown; that 16 percent of vehicles traveling on US 301 terminate trips Downtown; that the City must focus efforts on reducing vehicular traffic on US 41, US 301, Fruitville Road, and Orange and Osprey Avenues. Mr. Tindale referred to computer-generated Slides indicating potential mitigation strategies for the City's major arterials and alternate modes of transportation and stated that the City can encourage local businesses to stagger working hours to reduce traffic volume; that major advancements in the City's traffic demand management will also be required; that the City has many options and alternate routes for which to encourage use; that encouraging alternate modes of transportation will reduce the impact of vehicular traffic on Downtown; that cooperative efforts will be required Countywide to reduce the regional traffic impact on the City; that multiple modes of transportation are available for use within the City and should be encouraged; that Eurther use of the Sarasota County Area Transit (SCAT) trolley system as a shuttle to Downtown from parking areas should be encouraged; that Park-N-Ride facilities BOOK 49 Page 21286 06/18/01 6:00 P.M. BOOK 49 Page 21287 06/18/01 6:00 P.M. should be established outside the TCEA to divert traffic away from Downtown; that citizens should be encouraged to park at the Park-N-Ride facilities and ride a shuttle or trolley into Downtown; that the Park-N-Ride facilities should be located east or north of Downtown; that the City already has an advantage with the trolley system; that many communities do not have an existing trolley or shuttle system. Commissioner Quillin stated that the concept of Park-N-Ride facilities is supported; and asked if discouraging vehicles from parking in the Downtown core area is a recommendation? Mr. Tindale stated yes. Commissioner Quillin asked if the Park-N-Ride tacilities should also utilize alternate routes into Downtown? Mr. Tindale stated yes; that encouraging vehicles to park outside of the TCEA will reduce traffic volume and increase the existing capacity on City streets; that Park-N-Ride facilities should be incorporated into the City's strategies to reduce traffic volume Downtown. Commissioner Palmer asked if the frequency of the schedule for the trolley system should be increased to facilitate use of potential Park-N-Ride facilities? Mr. Tindale stated that the existing 15-minute schedule for the trolley system is sufficient and would allow employees to utilize Park-N-Ride facilities for work. Commissioner Quillin stated that SCAT has not yet implemented a 15-minute schedule for the trolley system. Mr. Daughters stated that the Downtown trolley stops has a 15- minute schedule; however, Scenic route stops have a much longer schedule; that the 15-minute schedule should be reduced Downtown if possible. Commissioner Quillin stated that the existing trolleys are too large for Downtown streets which increases the delay in service; that hotels would utilize Park-N-Ride facilities if the trolleys provided more frequent service; that trolley stops should also be located closer to hotels; that the Transportation Management Organization (TMO) should encourage businesses to support and lobby the County to increase the scheduling and service area of the trolleys. Mr. Tindale stated that Tindale-oliver recently completed a parking and transportation study for Ybor City, Florida, which encouraged and decided to fund a trolley system to provide service from regional parking garages; that moving parking to regional parking facilities allows intense development in urban areas; that the trolley system will provide access to all areas of Ybor City; that the SCAT trolley system should be incorporated as an integral part of the City's strategy to reduce traffic volume in the TCEA; that some risk and significant investments will be required to implement a successful strategy to reduce traffic volume; however, other jurisdictions have succeeded in significantly reducing traffic volume. Mr. Tindale referred to computer-generated slides indicating existing conditions and potential improvements to encourage pedestrian and bicycle circulation and stated that the City is currently conducting a sidewalk inventory; that a Citywide sidewalk map must be developed to indicate the location of all City sidewalks; that the term ' quality of service" should be utilized instead of level of service in reference to pedestrian and bicycle routes to encourage use; that LOS standards for pedestrian and bicycle routes are similar to vehicular routes; that many pedestrian and bicycle routes are designated as higher LOS standards without the proper infrastructure; that quality infrastructure must be provided to encourage use; that existing gaps in the City's sidewalk and bicycle route networks must be filled; that new LOS standards for bicycle routes are being adopted Statewide; that the City must endeavor to adopt reasonable standards for existing bicycle routes. Mr. Tindale referred to computer-generated slides of the "New Strategy" recommendations and stated that the City should adopt a "New Strategy" to manage traific in the TCEA within the next 12 months; that the New Strategy recommends encouraging regional traffic to bypass Downtown; that the study of traffic volume Downtown should be incorporated into the FDOT Downtown Traffic Study; that the City's entire street network should be reviewed to assess the traffic impact on Downtown and the TCEA; that new access routes into Downtown should be developed from the east and north; that Park-N-Ride facilities should also be implemented; that the Master Plan 2020 recommends the installation of roundabouts in the City; that approximately half of the vehicular traffic along the City's waterfront is destined BOOK 49 Page 21288 06/18/01 6:00 P.M. BOOK 49 Page 21289 06/18/01 6:00 P.M. for the keys and will be difficult to mitigate; that the other half of the vehicular traffic along the waterfront could be relocated to ensure traffic at roundabouts does not become significantly congested; that traffic congestion along the waterfront should be relocated if possible. Commissioner Quillin stated that a bridge to Longboat Key should be constructed to reduce vehicular congestion along the City's waterfront. Mr. Tindale concurred and stated that the impact of any relocated or diverted vehicular traffic must be carefully assessed prior to final implementation of a traffic relocation strategy; that the City must implement a strategy to reduce traffic volumes particularly at critical intersections in the City such as Fruitville Road and US 310, US 41 and US 301, and Fruitville Road and US 41; that an example could be constructing dual right-turn lanes at major intersections; that practical solutions must be developed; that downtown areas are typically more congested areas; however, reducing traffic volumes at critical intersections is possible to more evenly disperse traffic volumes; that the quality and service capacity of the City's pedestrian and bicycle network should be improved; that the City's TCEA annual reporting date should be during June instead of January or May; that requiring tuture TCEA Reports in June will allow Staff and Tindale-Oliver sufficient time to receive and properly review FDOT traffic count data; that AADT baseline estimates of traffic volumes should also be adopted; that a standardized method for collecting traffic counts should be approved and incorporated in the production of the AADT baseline estimates; that the City's traffic volume reporting and monitoring system should be revised to assess traffic monthly instead of annually. Mr. Tindale continued that a complete inventory of all modes of transportation in the City must be conducted; that the City should possess a full inventory of all sidewalks and pedestrian facilities and be prepared to adopt LOS standards for sidewalk and pedestrian networks by June 2002; that the current sampling met thod to estimate hourly peak traffic is to sample 15-minute segments and multiply by 4 to obtain an hourly estimate; that a 15-minute sampling method is not sufficient to assess the impact of peak traffic Downtown; that peak traffic frequently exceeds one hour; that the severity and the duration of peak traffic must be accurately gauged; that delay standards should be adopted to guide the City's mitigation strategies for peak traffic; that the City, should decide the acceptable rate of delay during peak traffic to produce the desired levels of traffic volume; that peak traffic could be dispersed over a greater time period to reduce traffic congestion; that the City does not experience significant traffic volume after 6:15 p.m. on many streets; that the impact of new developments on reserve street capacity must be assessed monthly instead of annually; that the recommendations included in the TCEA Report are summarized as follows: 1. Develop LOS criteria which are responsive to and consistent with the goals of the TCEA sO frequent revision is not necessary 2. Continue to implement improvements identified in the TCEA technical support documents and the Master Plan 2020 3. Proceed with the study of regional traffic circulation in and around the Downtown area to resolve the capacity of the regional roads serving the TCEA 4. Adopt LOS measurements and standards for all modes of transportation, including pedestrians, bicycles, and public transportation 5. Continue to use the regression-based traffic volumes as a basis for estimating AADT data for purposes of TCEA concurrency reviews Mr. Daughters stated that the recommendations of the Master Plan 2020 must be incorporated into the City's efforts to manage traffic volume Downtown; that the Master Plan 2020 was adopted at the January 22, 2001, Special Commission meeting and recommends utilizing as many modes of transportation Downtown as possible; that continuing the TCEA was also recommended; that the Master Plan 2020 Eurther recommended de-designating US 41 along the Bayfront, dispersing US 41 traffic through existing streets, and constructing four roundabouts at various locations in the City; that the FDOT Downtown Traffic Study was previously budgeted for FY 2003/04; that the City agreed to prefund the cost of the FDOT Downtown Traffic Study for FY 2000/01 or 2001/02 and previously submitted a draft scope of services agreement for the FDOT Downtown Traffic Study; that FDOT only recently provided a response to the City's draft scope of services agreement; that a final scope of services agreement for the FDOT Downtown Traffic Study should be presented to the Commission soon; that the FDOT Downtown Traffic Study will commence after the Commission approves the final scope of BOOK 49 Page 21290 06/18/01 6:00 P.M. BOOK 49 Page 21291 06/18/01 6:00 P.M. services agreement; that the recommendation is for the Commission to: 1. approve retaining the TCEA interim standards for twelve more months, until June 2002 2. direct the Administration to pursue certain transportation projects and studies as outlined in the CIP 3. direct the Administration to pursue the recommendations outlined in the 2001 TCEA Status Report 4. direct the Administration to pursue the "New Strategy" recommendations as presented by Tindale-Oliver 5. direct the Administration to report back in June 2002 as to retention, modification, or elimination of the TCEA interim standards. Commissioner Quillin stated that retaining the interim TCEA standards was not recommended by Tindale-Oliver; that the recommendations should be clarified. Mr. Daughters stated that the TCEA Report does recommend retaining the TCEA standards. Commissioner Quillin stated the TCEA Report only recommends retaining the TCEA and not the TCEA standards; that Tindale-Oliver recommended revising the TCEA standards to ensure accurate collection of traffic count data. Mr. Tindale stated that the TCEA Report recommends adopting an AADT baseline estimate to reduce the potential error of traffic count samples; that instituting more accurate traffic count sampling methods is also recommended; that the TCEA Report recommends retaining the TCEA standards for the next 12 months; that the TCEA standards could be revised if desired; that the TCEA LOS standards could be maintained during the next year. Mr. Daughters stated that the TCEA standards should be maintained; however, the Commission may revise the 4.5 percent value if desired. Commissioner Palmer stated that the City's transportation concurrency standards are defined in the City's Comprehensive Plan; that a year or more is required to adopt any amendments to the City's Comprehensive Plan; that the process to adopt an amendment to the City's Comprehensive Plan requires several public hearings and the review and approval of the Florida Department of Community Affairs (DCA) ; that the TCEA standards cannot be changed without an amendment to the City's Comprehensive Plan; that the process to change the City's Comprehensive Plan can be initiated at the current meeting if desired; that a year or more will be required to alter the TCEA standards. Mr. Daughters stated that is correct; that the Commission could initiate the required action to amend the City's Comprehensive Plan to alter the TCEA standards. Commissioner Palmer stated that the TCEA standards would not be altered for over a year until the required amendments to the City's Comprehensive Plan receive final approval. Mr. Daughters concurred. Commissioner Palmer stated that the Planning Department indicated the City's two annual opportunities to submit amendments to the City's Comprehensive Plan have already been utilized; that altering the TCEA standards will take much longer than a year. City Attorney Taylor stated that the two annual opportunities to submit amendments to the City's Comprehensive Plan have been utilized. Commissioner Quillin asked if altering the interim TCEA standards requires an amendment to the City's Comprehensive Plan? Commissioner Palmer stated yes. Commissioner Quillin stated that the TCEA Report and Tindale-Oliver are indicating the City's traffic count data contains some errors; that the concern is waiting to conduct the FDOT Downtown Traffic Study; that the City should not formulate any new traffic mitigation strategies until the FDOT Downtown Traffic Study is completed; and asked if the FDOT Downtown Traffic Study will be completed by the end of FY 2001/02? Mr. Daughters stated that the intent is to complete the FDOT Downtown Traffic Study one year from initiation; however, the FDOT Downtown Traffic Study will be an intensive study and may require longer than a year. Commissioner Quillin stated that she previously indicated the FDOT Downtown Traffic Study may take longer than a year. BOOK 49 Page 21292 06/18/01 6:00 P.M. BOOK 49 Page 21293 06/18/01 6:00 P.M. Mr. Tindale stated that City's Comprehensive Plan requires the City to review the TCEA standards annually; that at a minimum, adopting the recommendations will fulfill the annual requirements placed upon the City in the City's Comprehensive Plan; that the Commission could indicate the TCEA was reviewed and not take action if desired. Tom Blackshear, Vice Chairman, 719 Wood Lane (34237) and Philip Dasher, Chairman, Sarasota County Bicycle- Pedestrian Committee (SCBPC), 926 Boulevard of the Arts (34236), came before the Commission. Mr. Blackshear stated that the TCEA will be considered during June 2001 by the SCPBC, which intends to provide a thoughtful and well considered critique of the status and achievements of the TCEA; that the TCEA was adopted in part to prioritize bicycle and pedestrian concerns; that the TCEA has not been successful since 1999; that the current TCEA Report offers some hope for success; that the City continues to formulate plans for the TCEA without implementing any definite mitigation strategies; that the original intent of the TCEA was to defer transportation concurrency requirements to develop new mitigation strategies; that the City has deferred transportation concurrency requirements without developing any substantial mitigation strategies; that a significant number of new developments have been approved which are considered community assets and contribute to the revitalization of Downtown; however, the City has not implemented any mitigation strategies to offset the increased traffic volumes produced by the new developments; that during the past three years, the TCEA has not been utilized as a means to address traffic problems but rather a means to avoid and delay formulating solutions to traffic problems; and requested the following documents be entered into the record: 1. A November 3, 1998, letter to Dennis Daughters, City Engineer, from the SCBPC, concerning the TCEA 2. A November 3, 1999, Sarasota Herald-Tribune editorial entitled "Sarasota ignores downtown transportation alternatives" authored by Mr. Dasher and Mr. Blackshear concerning a critique of the TCEA Mr. Blackshear continued that the documents were submitted in 1998 and 1999 to provide recommendations for implementing the TCEA; that during November 1999, he and Mr. Dasher co-authored the editorial which evaluated the progress of the TCEA. Mr. Dasher stated that the TCEA is not functioning as desired; that mitigation strategies have not been developed and implemented as desired; that all the City's recent developments are designated as having a de minimus traffic impact although the City's traffic volumes have increased significantly during recent years; that the TCEA requires developers to prepare and submit traffic circulation plans including ingress and egress from and to adjacent or affected streets to provide access for vehicles and pedestrians; however, the majority of developers have not submitted traffic circulation plans; that the impact of the increased traffic volumes has been disastrous; that developers are not required to mitigate the vehicular traffic incurred by the City as a result of the new development; that traffic Downtown has increased significantly, that navigating a vehicle Downtown is very difficult; that the City does not have traditional peak hours of traffic but has many peak hours of traffic. Mr. Dasher continued that the data contained in the TCEA Report is inaccurate; that many of the new developments are generating significantly more vehicular trips than claimed in the TCEA Report; that the TCEA Report also inaccurately indicates some streets are rated as LOS C and D which were labeled LOS E and F during 1991 and 1994 and continue to experience significant vehicular congestion; that the development agreement for the Ritz-Carlton Hotel requires the implementation of a mitigation strategy to provide pedestrian access across US 41 at First Street; that the mitigation strategy has been deferred for more than a year; that the Commission recently decided to defer the requirements of the development agreement for another year; that amending the development agreement was not subject to a public hearing; that the public was not able to provide input concerning the City's actions; that the Commission should not continue to defer traffic problems; that the recommendation is to suspend the TCEA until successful mitigation strategies are developed and implemented; that citizens utilize Fruitville Road as a result of the signalized intersections; that attempting to turn onto other Downtown streets is difficult due to vehicular congestion and the lack of signalized intersections; that developing Bird and Lido Keys resulted in a significant increase in vehicular traffic Downtown throughout the year and not just during the tourist season; that 2,000 new residential units have been constructed since the adoption of the TCEA; that the new residential units require regular maintenance, resulting in BOOK 49 Page 21294 06/18/01 6:00 P.M. BOOK 49 Page 21295 06/18/01 6:00 P.M. visits from many service personnel; that significant vehicular traffic has been generated; that the Commission should adopt an active traffic mitigation strategy. Commissioner Palmer asked if new developments in the TCEA are required to participate in the TMO? Mr. Daughters stated that the City is currently requiring new developments to participate in the TMO. Commissioner Palmer stated that participation in the TMO is not indicated in the City's Comprehensive Plan or the Administration's recommendations; that the City does not currently require new developments to implement a mitigation strategy; that the only requirement for new developments is to meet TCEA standards; that the City did not require certain new developments to participate in the TMO such as the Ritz-Carlton Hotel and the Renaissance of Sarasota, which will generate significant vehicular traffic; that subsequent developments should be required to participate in the TMO; and asked if subsequent developments will be required to participate in the TMO? Mr. Daughters stated that participation in the TMO is being established as condition for approval of a new development in the TCEA which is not designated as having a de minimus traffic impact and therefore requires further traffic study. Commissioner Palmer stated that requiring participation in the TMO should be a formal policy adopted by the Commission for all new developments in the TCEA. Mr. Daughters concurred. Commissioner Palmer stated that some citizens desire the City suspend the TCEA and return to previous transportation concurrency requirements Downtown; that suspending the TCEA is not possible; that the City's Comprehensive Plan was amended to adopt the TCEA; that amending the City's Comprehensive Plan will require a year or longer; that the City also desires to stimulate further new developments to revitalize Downtown; that the increase in vehicular congestion is not the sole result of new developments Downtown; that significant new developments are being constructed in the County which increase the volume of vehicular traffic in the City; that the expansion of the Lakewood Ranch development and the construction of urban villages in the County will further increase traffic in the City whether or not the City imposes significant requirements upon Downtown developments; that the City would encourage development in the County and not Downtown if significant restrictions are adopted; that new development should not be prohibited; that the City should implement mitigation strategies to reduce the traffic impact of new developments. Commissioner Palmer continued that the City is confronted with a significant problem; that new developments must be attracted to continue the revitalization of Downtown without significantly increasing the traffic volume in the City; that the City will still realize a significant impact from traffic originating from the County if new Downtown developments were prohibited or limited; that the City should support attracting new residents and visitors Downtown; that a critical mass of vehicular traffic must be attained to encourage use of alternate modes of transportation; that the concept of light rail was not discussed as a possible alternate mode of transportation but should be examined for future use; that the City must establish long-term goals to ensure vehicular congestion does not overwhelm Downtown in the future; that significant assistance from Staff will be required to formulate a long-term transportation strategy. Mr. Daughters stated that the City has a plan to manage traffic volumes in the present and for the future; that a number of projects were constructed to mitigate traffic congestion in the City; that US 41 between Sixth and Tenth Streets was improved to increase physical capacity; that the southbound left-turn lane at Sixth Street on US 41 was lengthened to reduce traffic congestion; that certain median openings on US 41 previously congested traffic and were eliminated; that a southbound right-turn lane was constructed on US 41 to the John Ringling Causeway; that the City committed to prefunding the FDOT Downtown Traffic Study; that the Master Plan 2020 includes a Transportation Chapter and will provide direction to implement transportation mitigation strategies during the next 20 years. Commissioner Palmer asked if requiring all new developments located in the TCEA to participate in the TMO could be added to the Administration's recommendations? Mr. Daughters stated yes. City Manager Sollenberger concurred. Commissioner Quillin stated that the TCEA was implemented three years ago; however, the indication is the City is unable to solve the increased vehicular congestion Downtown as a result of the process to amend the City's Comprehensive Plan; that the BOOK 49 Page 21296 06/18/01 6:00 P.M. BOOK 49 Page 21297 06/18/01 6:00 P.M. indication is incorrect; that the Commission can approve strategies and adopt policies affecting any problem in the City; that the TCEA Report provides hope for mitigating vehicular congestion in the City; however, the recommendations of Tindale-Oliver and Staff do not correspond and should be combined; that the concept of redesigning critical intersections is not supported; that the City should endeavor to increase the usability of critical intersections; that definite mitigation strategies should only be formulated after the FDOT Downtown Traffic Study is conducted; that the implementation of the recommendations of the Transportation Chapter of the Master Plan 2020 is critical for the continued revitalization of Downtown; that the City must increase the accessibility to Downtown to attract more citizens and visitors; that signage should be installed which indicates potential alternate routes into Downtown; that the City's signage indicating access to and available parking space within Downtown is not adequate; that many strategies and projects for mitigating vehicular congestion Downtown are possible without amending the City's Comprehensive Plan. Commissioner Martin stated that the City's current problem concerning vehicular congestion is frustrating; that an easy solution to the problem would be welcomed; however, the City has taken several steps to alleviate vehicular congestion in the TCEA and Downtown in the future; that the Master Plan 2020 was adopted, recommends continuing the TCEA, and provides definite transportation strategies for mitigating vehicular congestion; that the City has agreed to prefund the FDOT Downtown Traffic Study; that at the current meeting, the City approved the creation and funding for the TMO, which has pledged to work diligently to generate traffic mitigation strategies Downtown. Mayor Hogle stated that the term government speed" was used recently at a meeting of the Indian Beach/Sapphire Shore Association; that government often works Slower than desired by citizens; that significant vehicular congestion is occurring in the City, particularly on Fruitville Road, US 41, and Gulf Stream Avenue; however, the City is increasing efforts to reduce vehicular congestion in the City; that Commissioners have lobbied the MPO to reprioritize City traffic mitigation projects for faster completion; that Staff and Tindale-Oliver have many recommendations for reducing vehicular congestion; that the City can install new signage and lobby the County to increase the frequency of trolley service Downtown to encourage use of alternate transportation routes and modes; that he recently spent a week in Chicago, Illinois, with his wife; that the Chicago bus and rail system were utilized as transportation while visiting; that the transportation strategies of other jurisdictions could be utilized in the City; that sidewalk and bicycle route surveys could be accomplished within the next year and are supported; that he is personally frustrated with the level of vehicular congestion in the City; however, no solution to eliminate vehicular congestion in the City immediately exists; that the City must work diligently to implement long-term strategies which reduce vehicular congestion; that citizens are encouraged to view the June 2001 episode of City Focus on AccessSarasota, Channel 19, which provides a synopsis of the City's current transportation projects and strategies. City Manager Sollenberger stated that the Administration recommends a motion to: 1. approve retaining the TCEA interim standards for twelve more months, until June 2002 2. direct the Administration to pursue certain transportation projects and studies as outlined 3. direct the Administration to pursue the recommendations outlined in the 2001 TCEA Status Report 4. direct the Administration to pursue the "New Strategy" recommendations as presented by Tindale-Oliver 5. direct the Administration to report back in June 2002 as to retention, modification, or elimination of the TCEA interim standards 6. require new developments in the TCEA to participate in the TMO Commissioner Quillin asked if the recommended motion should be only to accept the TCEA Report? City Manager Sollenberger stated no. Commissioner Quillin stated that the recommendations of the Administration and the TCEA Report differ; and asked if a separate motion is required to adopt the recommendations of the TCEA Report? City Manager Sollenberger stated no; that the Administration's recommendations include the recommendations of the TCEA Report. Commissioner Quillin stated that a previous indication was the City would be required to amend the City's Comprehensive Plan to BOOK 49 Page 21298 06/18/01 6:00 P.M. BOOK 49 Page 21299 06/18/01 6:00 P.M. revise the TCEA standards and enact traffic mitigation strategies; however, the City can implement new traffic management efforts without amending the City's Comprehensive Plan; that the recommendations of the Administration, Staff, and Tindale-Oliver should be implemented; that further recommendations should be formulated; that the recommendations of the FDOT Downtown Traffic Study should be incorporated into the MPO's prioritization of funding for City projects. City Manager Sollenberger stated that the Administration's recommendation includes directing the Administration to pursue the New Strategy recommendations as presented by Tindale-Oliver. Commissioner Quillin stated that MPO should be advised of the City's efforts to manage traffic in the TCEA. City Manager Sollenberger concurred and stated that the recommendations presented by Tindale-Oliver will be examined for implementation in the City. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve the Administration's recommendations to: 1. approve retaining the Transportation Concurrency Exception Area (TCEA) interim standards for twelve more months, until June 2002 2. direct the Administration to pursue certain transportation projects and studies as outlined 3. direct the Administration to pursue the recommendations outlined in the 2001 TCEA Status Report 4. direct the Administration to pursue the "New Strategy" recommendations as presented by Tindale-Oliver and Associates 5. direct the Administration to report back in June 2002 as to retention, modification, or elimination of the TCEA interim standards 6. require new developments in the TCEA to participate in the TMO Commissioner Palmer quoted a June 18, 2001, Sarasota Herald-Tribune editorial entitled "Waiting for traffic answers" as follows: We aren't looking for a patch job. We are looking for some well-considered, holistic solutions that would protect quality of life without stunting the Downtown's necessary growth. Commissioner Palmer stated that the City's traffic management efforts should conceptually concur with the recommendations of the editorial. Commissioner Quillin concurred. Commissioner Palmer stated that the City should encourage businesses to participate in the TMO. Commissioner Martin concurred. Mayor Hogle called for a vote on the motion to approve the Administration's recommendations. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 17. UNFINISHED BUSINESS: APPROVAL RE: TERMINATION OF CAFE KALDI RETAIL, INC. LEASE AND CONCESSION AGREEMENT DATED DECEMBER 10, 1999, EFFECTIVE JULY 31, 2001 AND AUTHORIZE THE ADMINISTRATION TO PREPARE AND ISSUE A REQUEST FOR PROPOSAL TO LOCATE AN OPERATION FOR THE LEMON AVENUE LEASEHOLD AREA - APPROVED AND DIRECTED THE ADMINISTRATION TO PREPARE A NEW RFP FOR PRESENATION AT THE JULY 2, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM VI-4) #3 (1085) through (1675) Nancy Carolan, Director of General Services, came before the Commission and stated that the City continues to receive complaints concerning the City's tenant, Café Kaldi Retail, Inc. (Café Kaldi), of the Lemon Avenue Mall leasehold; that the Commission is requested to approve termination of the Lease and Concession Agreement with Café Kaldi and to authorize the Administration to issue a new Request For Proposal (RFP) to secure a new operator for the leasehold; that the following complaints and violations regarding Café Kaldi were received: Date Complaint/Violation August 2000 Music other than specified in the Lease and Concession Agreement being played August 2000 Letter of complaint received from the BOOK 49 Page 21300 06/18/01 6:00 P.M. BOOK 49 Page 21301 06/18/01 6:00 P.M. Downtown Association of Sarasota, Inc. (Downtown Association) October 2000 Music other than specified in the Lease and Concession Agreement being played October 2000 Noise violations November 2000 Rent past due noticed December 2000 Rent past due noticed January 2001 Rent past due noticed January 2001 Restrooms closed to the public March 2001 Rent past due noticed March 2001 Occupational License expired April 2001 Letter of complaint received from Downtown business owner May 2001 Prayer revival meeting occurs with music other than specified in the Lease and Concession Agreement June 2001 Music other than specified in the Lease and Concession Agreement being played June 2001 Rent past due noticed April 2000 to Several changes in management present operators at leasehold Ms. Carolan continued that the City previously entered into a Lease and Concession Agreement with Café Kaldi on December 10, 1999; that the concession was granted to allow Café Kaldi to sell food and beverages on the leasehold; that the Lease and Concession Agreement requires Café Kaldi to operate the following: a European-style outdoor café featuring coffee, tea, soft drinks, wine, beer, and light gourmet foods. Linen covered tables, candlelight, wait staff, and classical jazz instrumentalists will be provided by Tenant. Ms. Carolan further stated that the Lease and Concession Agreement can be terminated with a written notice of 30 days; that the majority of the violations concern the playing of music other than allowed for the leasehold or late or past due rent; that the City has had many previous operators and managers for the leasehold; that the Downtown business community also complained concerning several revival meetings held recently at the leasehold; that the Downtown Association provided input concerning potential operators for the leasehold; that Staff has also been contacted by other potential operators; that the Commission is requested to approve the issuance of a notice of termination for the Café Kaldi Lease and Concession Agreement and to authorize the Administration to issue the RFP; that an operator more conducive with the recommendations of the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020), concerning the Lemon Avenue Mall should be sought; that the entire RFP process could be accomplished according to the following schedule if approved: Task Date Prepare RFP draft June 19 thru June 29, 2001 Commission approval to July 2, 2001, Regular issue RFP Commission meeting Issue RFP July 3, 2001 Responses to RFP due to the August 3, 2001 City Evaluation Committee August 6 thru 10, 2001 meetings to short list top three ranked proposals Recommended short list of August 20, 2001, Regular operators presented for Commission meeting Commission approval Proposal presentations August 27 thru 31, 2001 provided to the Commission, Commission ranking of proposals, and Commission authorization to negotiate with first-ranked operator Negotiated contract October 1, 2001, Regular presented for Commission Commission meeting approval Ms. Carolan stated further that the RFP could be prepared for presentation at the July 2, 2001, Regular Commission meeting; that an Evaluation Committee will be established to review and rank proposals for presentation at the August 20, 2001, Regular Commission meeting; that the Commission will be requested to rank the proposals and to authorize negotiations with the BOOK 49 Page 21302 06/18/01 6:00 P.M. BOOK 49 Page 21303 06/18/01 6:00 P.M. potential operator for the leasehold; that the allowed negotiation period should be shortened from 180 to 30 days to facilitate the contracting of an operator; that the desire is to contract with an operator in time for the upcoming tourist season; that the Lease and Concession Agreement with Café Kaldi is included in the Agenda backup material for Commission review and indicates the lease was approved on a temporary basis; that the City should issue the RFP and seek a more permanent tenant for the leasehold. Commissioner Quillin stated that a potential tenant will not be able to reopen the leasehold for business by the beginning of the tourist season if the negotiated contract is approved at the October 1, 2001, Regular Commission meeting; that the proposed schedule should be revised to conclude negotiations prior to October 2001; that the scope of services of the Lease and Concession Agreement should also be revised to indicate the type of business desired at the leasehold; that the current Lease and Concession Agreement indicates a café or coffee shop is desired; that an ice cream shop is personally desired Downtown; that the impact of any type of business on the Farmer's Market should be considered; that the Farmer's Market consumes the entire span of the Lemon Avenue Mall on Saturday mornings; and asked if a draft of the proposed RFP has been prepared? Ms. Carolan stated no; that the prior RFP will be considered as a basis for developing the new RFP, which will differ significantly from the prior RFP; that input will be sought from the Department of Redevelopment and Development Services during development of the new RFP. Commissioner Martin stated that terminating the Lease and Concession Agreement with Café Kaldi is supported; that the actions of Café Kaldi are unpredictable and not consistent with the City's intended use of the leasehold or the Lemon Avenue Mall; that the content of the new RFP should be discussed and approved by the Commission; that the type of business for the leasehold should be approved; that the Master Plan 2020 recommends the City construct significant improvements at the Lemon Avenue Mall; that the City may choose to explore constructing new improvements to the Lemon Avenue Mall in conjunction with securing a new tenant for the leasehold; that a new structure could also be constructed on the Lemon Avenue Mall; that any potential complications concerning utility easements must be examined; that many questions and potential issues will require additional time for discussion; that a concern is the ability to have an RFP developed for approval at the July 2, 2001, Regular Commission meeting; that the Commission should discuss and approve the exact content of the new RFP prior to approving issuance; that previous tenants of the leasehold were not considered successful; that the Commission should assure a new lease will be consistent with the City's desires for the Lemon Avenue Mall. Commissioner Palmer agreed and stated that the schedule should be shortened or alternatively the space could be leased on a temporary basis; that the current lease could be terminated on July 31, 2001; that the Downtown Association could possibly utilize the space until a permanent tenant is secured; that a temporary operator for the leasehold should be obtained if a permanent tenant is not secured prior to the tourist season; that the leasehold should not be vacant during the tourist season; that some time is necessary to consider the recommendations of the Master Plan 2020 concerning the Lemon Avenue Mall; that coordinating use of the Lemon Avenue Mall on a temporary basis with the Downtown Association may be possible. City Attorney Taylor stated that the Downtown Association previously managed the leasehold for the City but was unsuccessful in securing a permanent tenant. City Manager Sollenberger concurred. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the intent of the Downtown Association was to encourage weekend use of the leasehold; that entertaimment venues were sought to encourage weekend use; that the Downtown Association provided staffing for the leasehold but was ultimately unsuccessful; that the Downtown Association has indicated operation of the leasehold is not desired. Commissioner Palmer stated that the suggestion is not to contract with the Downtown Association to operate the leasehold but to seek input regarding potential solutions or cenants for the leasehold; that the intent is to secure a permanent tenant pleasing to the City and complimenting the Lemon Avenue Mall; that a temporary tenant could be obtained to utilize the leasehold until a permanent tenant is secured; that the leasehold should not be vacant at any time. Ms. Carolan stated that the actions of the current tenant are frustrating; that the intent during 1999 was to allow Café Kaldi to operate the leasehold until a permanent tenant was secured; BOOK 49 Page 21304 06/18/01 6:00 P.M. BOOK 49 Page 21305 06/18/01 6:00 P.M. that a tenant who will compliment the Lemon Avenue Mall should be identified. Commissioner Quillin referred to Exhibit C of the Lease and Concession Agreement indicating an inventory of City-owned equipment for the leasehold and stated that the majority of the equipment listed is no longer usable and has been disposed; and asked the location of the remaining equipment? Ms. Carolan stated that the remaining equipment is stored at Central Stores on 12th Street. Commissioner Quillin stated that the remaining equipment should not be utilized for the leasehold; that Exhibit C should be eliminated from a future Lease and Concession Agreement; that a new RFP could be developed and issued quickly; that deciding the use of the leasehold should not consume significant time; that the leasehold could be used as a café or an ice cream store. Mayor Hogle stated that the leasehold could be utilized as a sandwich shop. Commissioner Quillin concurred and stated that an ice cream store is not currently located Downtown; that the leasehold could be utilized as an ice cream store and sandwich shop; that the proposed schedule could be shortened; that any improvements to the leasehold desired by a potential permanent tenant may require significant time to construct; that the desire is to have a permanent tenant operating the leasehold prior to Christmas 2001. Commissioner Martin stated that securing an acceptable tenant will be difficult; that the City has not been successful in obtaining an acceptable tenant previously; that the Commission should decide the exact uses preferred at the leasehold; that the input of the Downtown Association should be sought for potential tenants; that the Downtown Association indicated a willingness to assist the City in managing but not operating the leasehold and could be involved during negotiations. Commissioner Quillin stated that the Downtown Association was previously involved with managing the leasehold but was unsuccessful. Vice Mayor Mason stated that the Commission should not attempt to represent the intentions of the Downtown Association; that direct input should be sought from the Downtown Association; that the previous attempts of the Downtown Association to manage the leasehold should not affect the City's current efforts to secure a permanent tenant. City Manager Sollenberger stated that the Commission should determine a course of action; that the Downtown Association indicated a willingness to manage but not to operate the leasehold; that the Commission could decide to allow the Downtown Association to manage the leasehold; however, the City has also received inquiries of the status of the leasehold from other potential operators; that issuing an RFP may not be required; that the Commission could choose to negotiate directly with a particular operator. Commissioner Quillin stated that the City should issue an RFP which is simple and indicates a specific use such as a café which also offers sandwiches and ice cream; that the Administration should have the RFP prepared, and proceed to negotiate a contract with a tenant. Mayor Hogle stated that the Administration's recommendation could be revised to recommend terminating the Lease and Concession Agreement with Cafe Kaldi effective July 31, 2001, and directing the Administration to prepare a Request for Proposal (RFP) to locate an operator to compliment the Downtown area for presentation to the Commission at the July 2, 2001, Regular Commission meeting. On motion of Vice Mayor Mason and second of Commissioner Palmer, it was moved to terminate the Lease and Concession Agreement with Cafe Kaldi Retail, Inc., effective July 31, 2001, and direct the Administration to prepare a Request for Proposal (RFP) to locate an operator to compliment the Downtown area for presentation at the July 2, 2001, Regular Commission meeting. Commissioner Palmer stated that the Administration should be directed to have a new RFP prepared; however, the desire is to allow the Downtown Association to manage the leasehold until a permanent tenant is secured; that a June 14, 2001, letter from Ernie Ritz indicates a number concepts and concerns for use of the leasehold; that Mr. Ritz previously managed the leasehold; that the suggested concepts for use of the leasehold should be considered. BOOK 49 Page 21306 06/18/01 6:00 P.M. BOOK 49 Page 21307 06/18/01 6:00 P.M. Commissioner Quillin stated that Mr. Ritz also indicated the City should sell the remaining equipment previously utilized at the leasehold. Commissioner Palmer stated that the concepts suggested by Mr Ritz should be examined. City Manager Sollenberger stated that Mr. Ritz' proposals for the leasehold will be examined; that a new RFP and recommendations for shortening the proposed schedule will be prepared for presentation at the July 2, 2001, Regular Commission meeting. Mayor Hogle called for a vote on the motion to terminate the Lease and Concession Agreement with Cafe Kaldi Retail, Inc., effective July 31, 2001, and direct the Administration to prepare a Request for Proposal (RFP) to locate an operator to compliment the Downtown area for presentation at the July 2, 2001, Regular Commission meeting. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 18. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: FACT FINDING MEETINGS OF THE CITY COMMISSION PRESENTATION GIVEN (AGENDA ITEM VII-2) #3 (1675) through (1970) City Attorney Taylor stated that a previous Commission scheduled informal meetings at one time which eventually became more numerous, longer, and more substantive raising a concern related to the requirements of Florida's Sunshine Law; that the current Commission has been undertaking group activities which are in the realm of fact finding; that under the strict interpretation and application of the Sunshine Law, a meeting occurs any time two decision makers are present and issues are discussed which may come before the Commission for a decision; that the Sunshine Law can be violated regardless of location; that the Office of the City Auditor and Clerk notices the meetings and minutes are taken to assure no problems occur. Commissioner Palmer stated that guidelines should be established as Commissioners may drive together to meetings, etc. Commissioner Martin stated that Commissioners are often invited to meetings of neighborhood associations; that more than one Commissioner may decide to attend, which may not be known in advance. City Auditor and Clerk Robinson stated that a situation arose recently; that a notice was distributed indicating two Commissioners would be attending a particular meeting; that three Commissioners actually attended the meeting; that the meeting became a question-and-anwer session; that issues which may come before the Commission for a vote could have been raised. City Attorney Taylor stated that the exchange of information and participation in conversation could be construed as a meeting even though unintended; that most often, the discussions are not important and a problem will not arise; however, the discussions are still a potential technical violation of the Sunshine Law; that the desire is to make the Commission aware of the possible problem; that Commissioners can travel together; however, discussions of City business become public information. Commissioner Palmer stated that Commissioners must be careful in discussions. Commissioner Quillin stated that an Agenda or itinerary should be published for the fact-finding meetings; that an itinerary is necessary for the press and citizens. City Auditor and Clerk Robinson stated that a noticed public meeting should have an Agenda. Commissioner Martin stated that meeting minutes should be taken. City Auditor and Clerk Robinson stated that is correct; that notices should be distributed and minutes taken. Mayor Hogle stated that notice was issued and minutes taken at a meeting at the Federal Building last week. City Attorney Taylor stated that another concern is the burden being placed upon the Office of the City Auditor and Clerk concerning the notice and meeting minutes requirement; that such meetings should be done with some consideration for the resulting workload. City Auditor and Clerk Robinson stated that sending an employee to take minutes can be difficult as the Commissioners attend frequent meetings at night. BOOK 49 Page 21308 06/18/01 6:00 P.M. BOOK 49 Page 21309 06/18/01 6:00 P.M. Commissioner Martin stated that the situation can be difficult; that Commissioners may trequently attend neighborhood meetings without prior knowledge of the attendance of another Commissioner. City Auditor and Clerk Robinson stated that the concern is related to discussions regarding issues which may come before the Commission for a vote. Commissioner Quillin stated that Commissioners may be required to decline to discuss certain issues at meetings which were not noticed; that meeting attendees could be requested to direct concerns in writing to Commissioners sO the issue can be appropriately addressed; that some issues may be minor such as street paving; that Commissioners may not have the answers to such questions but can refer the questions to Staff; that Commissioners may be required to indicate certain issues cannot be discussed as the issue will come before the Commission for a vote. Vice Mayor Mason stated that certain issues may or may not come before the Commission for a vote; that any issue could potentially come before the Commission for a vote. City Attorney Taylor stated that an issue should not be discussed if any potential exists for the issue to reach the Commission table for a decision. 19. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (1970) There were no Commission Board or Committee reports. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED TO SPONSOR A PARADE ON AUGUST 11, 2001, AS CHINA SMITH DAY; REFERRED THE QUESTION OF ACCOMMODATIONS AT MARINA JACK TO THE ADMINISTRATION FOR A DISCUSSION WITH THE BUSINESS OWNER; DIRECTED THE ADMINISTRATION TO PREPARE LETTER TO COUNTY COMMISSIONER NORA PATTERSON IN APPRECIATION FOR ASSISTANCE IN OBTAINING WEST COAST INLAND NAVIGATION DISTRICT APPROVAL OF FUNDING FOR CITY PROJECTS; AND APPROVED ADDING AN AGENDA ITEM CONCERNING FUNDING FOR THE SKATEBOARD PARK FOR THE JULY 31, JOINT MEETING OF THE CITY AND COUNTY COMMISSIONS (AGENDA ITEM X) #3 (1970) through #4 (0005) COMMISSIONER QUILLIN: A. stated that the budget for the Commissioners' cellular telephones is small, especially compared to the past 12 months actual usage; that the County previously discussed the high cost of cellular telephone bills; that the cost of cellular telephone service is decreasing; that the County is issuing a Request for Proposal (RFP) for cellular telephone service; that the City can be included in the RFP if desired; that the City utilizes a State contract to provide cellular telephone service; that the General Telephone and Telegraph (GTE) originally held that contract; however, the State contract was recently assumed by the Alltel Corporation. City Manager Sollenberger stated that a variety of contracts for cellular telephone service have been evaluated; that some changes have been made; that the suggestion is good and will be. pursued. Commissioner Quillin stated that the County should be informed of the City's interest. B. stated that the Administrative Regulations concerning travel are a concern; that the travel regulation was written in 1995 and should be revised especially for the ditierent levels of travel; that the allocations for breakfast, lunch, and dinner are confusing and should be examined; that different allocations are provided for Sarasota and for Tampa. City Manager Sollenberger stated that the rates published by Runzheimer International are utilized to establish meal allocations; that meals in Sarasota are cheaper than in New York City, New York; that average meal costs vary throughout the country; that the Runzheimer rates are the most realistic and fairest to the traveler. Commissioner Quillin stated that two different levels exist; that the travel regulation should be simplified. City Manager Sollenberger stated that the concerns will be reviewed. C. stated that the June 12, 2001, Joint Commission and Planning Board/Local Planning Agency (PBLP) Workshop concerning the status of the City of Sarasota SmartCode BOOK 49 Page 21310 06/18/01 6:00 P.M. BOOK 49 Page 21311 06/18/01 6:00 P.M. (January 2001) (SmartCode) and the City's Comprehensive Plan, also called the Sarasota City Plan 1998 Edition (City's Comprehensive Plan) was not attended; however, a videotape of the Workshop was viewed; that the acceptance of a report at the end of the workshop was of concern as legal questions remained outstanding; that the concern was addressed with the City Attorney; that the final draft SmartCode has not yet been received; that the SmartCode is referenced in the proposed amendments to the City's Comprehensive Plan; that the Workshop would have been a forum to resolve any legal issues prior to referring the issue to the PBLP. City Attorney Taylor stated that a question was raised at the end of the Workshop, specifically concerning the inclusion of an overlay in the amendment to the City's Comprehensive Plan implementing certain standards which are not yet reviewed and approved; that the presenters at the workshop indicated possible alternatives to the manner in which the amendment to the City's Comprehensive Plan was drafted; that the zone district concept could be utilized; that the City's Comprehensive Plan is not required to have a level of detail in applying land use categories to neighborhoods; that the land use categories are not yet known as the final draft of the SmartCode has not been received; that the Commission acknowledged the question and referred the question to the PBLP for more discussion and a recommendation; that the PBLP will be holding a public hearing to consider transmittal of the amendment to the City's Comprehensive Plan to the Department of Community Affairs (DCA) i that Commissioner Quillin's question was if the Commission realized the proposed amendment to the City's Comprehensive Plan is proceeding with an implementing code for which a final version has not yet been received; that the thought was the PBLP may return consideration of the proposed amendment to the City's Comprehensive Plan to the Commission after discussion in detail. Commissioner Quillin stated that the amendment to the City's Comprehensive Plan should be done correctly; that forwarding the amendment to the City's Comprehensive Plan to the PBLP without resolving all the legal questions is a concern; that a final copy should be sent to the PBLP for consideration; that the Commission could review the suggestions of the PBLP; that 1 hour and 20 minutes was allocated to review two significant documents, i.e., the amendment to the City's Comprenensive Plan and the SmartCode; that a workshop concerning the amendment to the City's Comprehensive Plan at which public input is taken could be held; that the amendment to the City's Comprehensive Plan may not be in the form desired by the Commission. Commissioner Quillin continued that the previous intent was not to completely rewrite the City's land development regulations (LDRs) ; that updating only a section of the City's LDRs was anticipated; that the City's LDRs have been completely rewritten; that coordinating the City's LDRS, the SmartCode, and the amendment to the City's Comprehensive Plan is difficult; that the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) could be expanded to the rest of the City, which would be logical as the County is considering similar plans in the County. City Attorney Taylor stated that a question is if the Commission realized the amendment to the City's Comprehensive Plan could be sent forward to the DCA prior to receiving the final version of the SmartCode which provides the impacts on neighborhoods; that an answer is not known; that the presenter indicated alternative approaches are available; that legally, the amendment to the City's Comprehensive Plan can be sent forward to the DCA; that legally, changes can be made to the amendment to the City's Comprehensive Plan after being forwarded to DCA; that the amendment to the City's Comprehensive Plan will likely change; that the Commission adopted a schedule for processing of the amendment to the City's Comprehensive Plan. Commissioner Martin stated that adopting the Master Plan 2020 was difficult for the Commission at the time as the SmartCode had not yet been received; that adopting amendments to the City's Comprehensive Plan without the SmartCode is difficult; that the question was previously raised; that the final draft of the SmartCode could be required at the same time as the transmittal public hearing for the amendment to the City's Comprehensive Plan which would be difficult; that changes will probably be made to the SmartCode; that the response to his question was minor changes could be made without substantially changing the schedule.. City Attorney Taylor stated that the transmittal stage of the Comprehensive Plan process is sO DCA and other reviewing agencies have an opportunity to indicate errors or concerns, which can be corrected; that the final submission will be found in compliance if in compliance with the DCA's prior review; however, major changes would nullify the DCA transmittal review. BOOK 49 Page 21312 06/18/01 6:00 P.M. BOOK 49 Page 21313 06/18/01 6:00 P.M. Commissioner Palmer stated that the Commission moved forward with the amendment to the City's Comprehensive Plan based on the knowledge that changes would be allowable; that the question was asked. City Attorney Taylor stated that changes will be allowed at a point in time; that at some point, a question will be raised as to the standard which will be applied in the specific areas; that an answer is not available as the implementing code, which is the SmartCode, has not been received; that the question is if the Commission is comtortable proceeding on the basis of waiting to receive the final version of the SmartCode. Commissioner Martin stated that major revisions to the SmartCode could change the process for the amendment to the City's Comprehensive Plan, which is the problem with doing the amendment to the City's Comprehensive Plan at the same time as the SmartCode instead of in sequence; that the current processing procedure is frustrating; that the Commission may wish to make major changes to the SmartCode which may derail the process for the amendment to the City's Comprehensive Plan. Commissioner Quillin stated that the rewrites to the City's LDRS took too long; that realizing all the City's LDRS had been rewritten was shocking; that some of the regulations but not all required rewriting; that meshing the City's LDRS, the Master Plan 2020, the amendment to the City's Comprehensive Plan, and the SmartCode is difficult. VICE MAYOR MASON: A. stated that the packets from the meetings of the Sarasota Housing Authority (SHA) which are attended are placed on the Commission clipboard; and asked if the Commission wishes to continue to review the packets? Mayor Hogle stated that the packets are reviewed. Vice Mayor Mason stated that therefore the packets will continue to be placed on the Commission clipboard. B. stated that the Commission should agree on a place to sit during Special Presentations. Commissioner Quillin stated that the Commissioners could place two chairs in the center of the first row in the audience. Mayor Hogle stated that having the Commissioners sit in the center would be helpful and less awkward; and asked if the City Auditor and Clerk can arrange for the preferred seating? City Auditor and Clerk Robinson stated yes. C. distributed a flyer concerning China Smith, who is a Sarasota native and is now a professional boxer, has a fight in Sarasota on August 3, 2001; that the Commission is requested to agree to a parade to celebrate "China Smith Day" on August 11, 2001, from the Court House to Five Points Park; that a previous comment was the young people do not return to Sarasota; that China Smith came back and does a significant amount of work with the youth of the community as a role model. Commissioner Quillin asked the date students return to school? Vice Mayor Mason stated that students return to school on August 13, 2001. Commissioner Palmer asked who will be responsible for making the arrangements? Vice Mayor Mason stated that she will make the arrangements if the Commission agrees to provide some in-kind services such as police and public works; that the Commissioners are invited to participate. Commissioner Quillin stated that an event in Five Points Park would be fun. Vice Mayor Mason stated that the parade will end at Five Points Park. City Manager Sollenberger stated that the Commission's endorsement is being requested to proceed with the City's sponsoring the parade which means providing police and public works assistance; and asked the wishes of the Commission. Mayor Hogle stated that hearing the Commission's consensus, the City will sponsor a China Smith Day with a parade and ice cream. BOOK 49 Page 21314 06/18/01 6:00 P.M. BOOK 49 Page 21315 06/18/01 6:00 P.M. D. stated that a Chinese delegation will be visiting the City in October 2001 to meet with educators to discuss children's literature, etc.; that hosting a reception in honor of the delegation would be a wonderful opportunity for the City; that the Commission is requested to consider hosting a reception and providing the Administration direction. E. stated that the Commission requested she lead the initiative of Sarasota Openly Addresses Racism (SOAR) in the community; that the SOAR symposium held on April 28, 2001, was very successful; that an executive summary will be prepared; that the SOAR symposium will be held annually; that funding was received from members of the community; however, the City should also provide some funding; that the community will continue to provide financial assistance; that next year, a larger meeting facility will be required; that the Commission is requested to consider budgeting some funds for the SOAR symposium next yeari that approximately $6,000 was spent in 2001. COMMISSIONER PALMER : A. referred to a June 14, 2001, Pelican Press letter to the editor authored by E. A. Rachal entitled "Visit marred by lack of accommodations" concerning Marina Jack and stated that the concern should be referred to the Administration for any necessary action; that a discussion should occur with the business owner if any problems with the accommodations exist; that the Commission's agreement to refer the question of adequate accommodations at Marina Jacks to the Administration is requested. Mayor Hogle stated that hearing the Commission's agreement, the question of accommodations at Marina Jack is referred to the Administration for a discussion with the business owner. B. stated that the Sarasota Sister Cities Association (SSCA) is planning a visit to Dunfermline, Scotland, in August 2001; that the Mayor should participate at City expense and should be provided funds to sponsor a reception for Dunfermline officials; that appropriate action should be taken to procure the funding if the Commission is in agreement; that a decision will be necessary quickly as the reservations must be made soon; that the Mayor should represent the City; that the City should also modestly support any reception for the officials; and asked the appropriate procedure. City Manager Sollenberger stated that a cost will be involved. Commissioner Palmer asked the manner in which funds for such travel is handled? City Manager Sollenberger stated that the situation has not occurred previously to his knowledge. Commissioner Palmer stated that the City paid for her to visit Santo Domingo, Dominican Republic, to reopen the City's Sister City relationship with the Dominican Republic. City Manager Sollenberger stated that a cost will be determined; that a report will be made back to the Commission; and asked if the Commission consensus exists to proceed? Commissioner Quillin stated that the City has a Sister City relationship with several different cities; that last year, a function was held in Perpignan, France; that no one was sent from the City; that an estimated cost to visit each Sister City was obtained; that the SSCA is going to Dunfermline to do the preliminary activities for the formal Sister City relationship; that dignitaries from Dunfermline will visit Sarasota in 2002 to formalize the relationship; that an effort should be made to work with the SSCA concerning the protocol. Mayor Hogle stated that at the April 30, 2001, Commission Goal- Setting Workshop, the suggestion was to establish a $10,000 budget for a four-year period for travel for all five Commissioners once during their term to visit a Sister City; that Commission consensus was heard at the meeting to move forward. Commissioner Quillin stated that the City should actively participate with the SSCA. Commissioner Palmer stated that considering a long-term plan is supported; however, the current request concerns the August 2001 trip to Dunfermline, Scotland, and to request the Administration to determine necessary actions so the Mayor can attend. BOOK 49 Page 21316 06/18/01 6:00 P.M. BOOK 49 Page 21317 06/18/01 6:00 P.M. C. stated that a significant amount of funding was received from the West Coast Inland Navigation District (WCIND) for the Payne Terminal seawall; that former Commissioner and Mayor and current County Commissloner Nora Patterson lent considerable support; that a letter should be sent to County Commissioner Patterson expressing appreciation for the support. Mayor Hogle stated that a letter should be sent; that the Director of Engineering/City Engineer could provide assistance with the details. City Manager Sollenberger stated that a contract between the County and WCIND concerning the grant for the Payne Terminal seawall is required; that the County is experiencing a backlog in the Agenda sO the contract has not yet been approved; that the County Administrator has been requested to place an item on the Agenda of a Regular Sarasota Board of County Commissioners (BCC) meeting as soon as possible sO the work can proceed; that a letter of appreciation to County Commissioner Nora Patterson will be prepared. COMMISSIONER MARTIN: A. stated that Accesssarasota, Channel 19 AccessSarasota), is becoming very popular; that enhancing communications with citizens and residents has been previously discussed; that some frustration is experienced with the schedule; that a number of people were told the June 14, 2001, Charter Review Committee meeting would be televised; that the schedule was changed at the last minute; that a note indicates the schedule is subject to change without notice; that an answer to scheduling is not known; that having a reliable schedule would be nice. Vice Mayor Mason stated that governmental meetings can continue beyond the anticipated adjournment time. City Auditor and Clerk Robinson stated that a problem can develop if an earlier scheduled meeting continues beyond the anticipated end time; that an oversight committee was established to oversee AccessSarasota; that scheduling can be a problem; that dissemination of the schedule, adhering to the schedule, and other important issues are being reviewed. Commissioner Quillin stated that the public access channel of the School Board of Sarasota County refers viewers to the Web site for up-to-date schedules. Commissioner Martin stated that the June 14, 2001, Charter Review Committee meeting was an important meeting of interest to a number of people. MAYOR HOGLE: A. referred to the June 12, 2001, Commission Information Memorandum included in the Agenda backup material indicating a joint meeting of the City and County Commissions scheduled for July 31, 2001; and stated that the Commission's agreement to placing an item on the agenda to request the County consider donating funds to the skateboard park would be appreciated. Mayor Hogle stated that hearing the Commission's agreement, the request will be included on the Agenda. Commissioner Palmer stated that consideration of joint City and County efforts in the area of historic preservation has been discussed and is included on the Agenda; that the Commission also discussed the possibility of joint action concerning docks; and asked if the issue of docks will be placed on the Agenda. City Manager Sollenberger stated no; that the dock study should be completed first. 21. OTHER MATTERS / ADMINI STRATIVE OFFICERS (AGENDA ITEM XI) #4 (0005) through (0025) CITY MANAGER SOLLENBERGER: : A. stated that to Dan Miller (R), United States Representative, Florida, 13th Congressional District, wrote to Sonny Callahan (R), United States Representative, Alabama, 1st Congressional District, who serves as Chairman of the Energy and Water Development Appropriations Subcommittee of the House of Representatives Committee on Appropriations to request inclusion of funding for New Pass dredging; that Representative Miller is strongly supporting the request which is appreciated. BOOK 49 Page 21318 06/18/01 6:00 P.M. BOOK 49 Page 21319 06/18/01 6:00 P.M. 22. ADJOURN (AGENDA ITEM XII) #4 (0025) There being no further business, Mayor Hogle adjourned the Regular meeting of June 18, 2001, at 10:49 p.m. A - ALBERT F. HOGLE, MAYOR ATTEST: RikEAoben A -9 - BILLY E CROBINSON, CITY AUDITOR AND CLERK