MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF NOVEMBER 4, 2002, AT 2:30 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(b) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. The Commission recessed at 2:31 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 2:34 p.m. 1. APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PROPOSED PURCHASE AND SALES AGREEMENT PERTAINING TO THE PARK EAST PARK PROPERTY ACQUISITION - APPROVED (AGENDA ITEM I) CD 2:34 through 2:43 William Hallisey, Director of Public Works, and Duane Mountain, Public Works Capital Projects Manager, and came before the Commission. Mr. Hallisey stated that the request is to approve a purchase and sales agreement for two parcels located at 705 and 715 North East Avenue on the west side of East Avenue between Seventh and Eighth Streets for the development of a future pocket park; that funding partners with the City include: The Board of Florida Recreation Development Assistance Program which requires a specific site as a condition for approval; A Community Foundation Grant for playground equipment; and The Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax. BOOK 52 Page 24172 11/04/02 2:30 P.M. BOOK 52 Page 24173 11/04/02 2:30 P.M. Mr. Hallisey stated that the Victory Chapel Church of God (Church) owns the two parcels; that active negotiations have been held with the Board of Trustees of the Church for purchase; that several issues between the City and the Church led to the purchase price of the property- Mr. Mountain referred to the Property Appraiser's site map of the property displayed on the Chamber monitors and stated that the location was identified in the Downtown Master Plan 2020 as a possible pocket park for the Park East Neighborhood; that a site- specific map for the location was provided at the time the grant application for Florida Recreation Development Assistance Program was completed; that a separate purchase of property located at 2072 Eighth Street was approved at the May 20, 2002, Regular Commission meeting; that the sale was finalized in September 2002; that the 2072 Eighth Street property is adjacent to the 715 East Avenue property. Mr. Mountain continued that issues regarding the value of the two parcels owned by the Church include: A small duplex on the property is income producing for the Church; The vacant lot adjacent to the duplex provides for overflow parking during service hours; The sale of the property will require the Church to purchase additional property to offset the loss of income property and additional parking; - The sale landlocks the Church which reduces the total property value. Mr. Mountain further stated that the Church has indicated the desire is to purchase a parcel of land adjacent to the Church's sanctuary to replace the land sold to the City; that the appraised value of the property is $137,000; that the Church has offered to sell both parcels of land to the City for $185,000; that the additional cost is due to the administrative, legal, demolition, and site development costs the Church will incur to purchase the other parcel of land. Commissioner Servian stated that the value of the Church's property will decrease as a result of being landlocked; and asked if the City has any documentation of the future decrease in value? Mr. Mountain stated that the only documentation of a potential decline in value was a received in the form of a letter from the Church indicating the sale will landlock the Church and reduce the property value; that a real estate agent has not been contacted to provide an assessment or an appraisal; that the landlocked issue is the opinion of the Church. Commissioner Servian asked if the Church intends to purchase the two parcels west of its current location? Mr. Mountain stated that the Church has indicated an interest in purchasing the adjacent parcels; that one parcel includes a privately owned duplex. Commissioner Servian asked if the parcels west of the Church are for sale? Mr. Mountain stated no. Commissioner Servian asked if Staff is aware of the value of the parcels west of the Church? Mr. Mountain stated that the belief is the value is similar to the appraised value of the parcels at 715 and 705 East Avenue. Mr. Hallisey stated that the Church originally requested a purchase price of $200,000 for the two parcels; that Staff countered with $185,000 based on budgeted funds and a review of several other properties in the area; that the offer recognizes the reality of the appreciating real estate market for the area; that a major streetscape project is underway in the area in addition to the proposed pocket park; that the purchase price is within the City's budget and is site-specific. Commissioner Quillin asked if the duplex existing on the 705 East Avenue parcel will be converted to a community center? Mr. Mountain stated no; that the duplex will be razed and a pocket park will be constructed. Commissioner Quillin stated that the Park East Neighborhood desires a community center for the area. BOOK 52 Page 24174 11/04/02 2:30 P.M. BOOK 52 Page 24175 11/04/02 2:30 P.M. Mr. Mountain stated that the proposed pocket park has been reviewed with the Park East Neighborhood Association and the Church; that preference is for a pocket park. Commissioner Quillin stated that a community center for the area is part of the Downtown Master Plan 2020. Mr. Mountain concurred. Commissioner Quillin stated that the existing duplex could be modified and utilized as a community center for the area rather than being razed; that finding a meeting place in the neighborhood is difficult. Mr. Mountain stated that the Church intends to stay in the area; that the Church is selling the land to the City to improve the neighborhood; that the proposed pocket park will provide a place for Church children to gather on Sundays; that the Church has provided space for neighborhood meeting in the past and will continue to do so; that the cost to remodel and bring an old building up to current building requirements is significant. Mayor Mason asked if the pocket park plan was presented to the Park East Neighborhood Association? Mr. Mountain referred to an architectural rendering of the proposed pocket park and stated that the plan was presented to the Park East Neighborhood Association. Mayor Mason stated that discussions were held with the Park East Neighborhood Association; that the understanding is the Park East Neighborhood Association desires a community center but a pocket park is the priority; that the Park East Neighborhood Association may be looking for an alternative location for a community center in the future. Mr. Hallisey stated that the size of the property is typical for a neighborhood pocket park which will provide a strong amenity in the community; that a community center can be evaluated in the future; that the Park East Neighborhood Association has reviewed and is support of the plans. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve the proposed purchase and sales agreement for the property located at 705 and 715 East Avenue and to authorize the Mayor to sign and the City Auditor and Clerk to execute same. Commissioner Martin stated that the purchase and sale agreement is supported as the parcel is key to the success of the Park East Neighborhood Action Strategy; that being able to purchase the property is exciting; that the purchase price is above the appraised value; however, grants funds will assist in the purchase; that selling the property and reacquiring other property for the campus is difficult for the Church and involves cost and time. Vice Mayor Palmer agreed; and stated that researching the possibility of utilizing eminent domain was personally requested due to the increase in the asking price; however, the exercise of eminent domain involves significant time and legal costs and would probably result in similar acquisition costs to a direct purchase at the asking price; that purchasing the property will mean the pocket park can be developed more quickly than pursuing acquisition through eminent domain; therefore, the motion is supported. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 2. APPROVAL RE: REQUEST FROM SARASOTA COUNTY AGRICULTURAL FAIR ASSOCIATION, INC. / TO MODIFY THE ZONING CODE TO ALLOW A MODIFICATION OF THE 14-DAY AUTOMOBILE SALES TO 12 ANNUAL SALES WITH A TOTAL OF 28 DAYS - DIRECTED STAFF TO PREPARE A ZONING TEXT AMENDMENT TO ALLOW 12 ANNUAL AUTOMOBILE SALES (AGENDA ITEM II) CD 2:43 through 3:14 Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission; referred to a September 10, 2002, letter from Attorney Robert Johnson on behalf of the Sarasota County Agricultural Fair Association, Inc., requesting modification of the Zoning Code (2002 Ed.) from the current authorization of two 14-day automobile sales annually on the lots between Fruitville Road and Ringling Boulevard to one automobile sale per month totaling 28 days annually; and stated that the Board of Directors of the Sarasota County Agricultural Fair Association, Inc. Fairgrounds Board), is offering to buffer Fruitville Road with trees and shrubs as a means of beautification; that the modification to the Zoning Code (2002 Ed.) would be site-specific and would not apply Citywide; that the Administration recommends authorizing Staff to prepare an BOOK 52 Page 24176 11/04/02 2:30 P.M. BOOK 52 Page 24177 11/04/02 2:30 P.M. amendment to the Zoning Code (2002 Ed.) consistent with the request. Vice Mayor Palmer asked if the marquee on Fruitville Road has been discussed with the Fairgrounds Board? Mr. Litchet stated no. Commissioner Quillin stated that a previous Commission took specific action to limit the number of automobile sales at the Fairgrounds. Mr. Litchet stated that is correct; that former Mayor and Commissioner David Merrill was concerned with the number of automobile sales at the Fairgrounds; that the former Mayor and Commissioner viewed Fruitville Road as a gateway to the Downtown area; that the aesthetics of the area, noise, and the traffic impact to the community were concerns; that the Zoning Code was amended in 1998 and provided a temporary use for commercial activities including two annual 14-day automobile sales; that the Fairgrounds Board has indicated the provision is too restrictive; that discussions regarding the additional days were held during the adoption process of the Zoning Code (2002 Ed.). Commissioner Quillin stated that the previously expressed concerns regarding automobile sales at the Fairgrounds are recalled; that at the time, the Fairgrounds Board provided assurance landscaping and improved buffering would be installed along Fruitville Road; however, the landscaping and improved buffering were tied to the installation of reuse water lines which were planned but did not ultimately extend to the Fairgrounds; that the Fairgrounds Board should have held a neighborhood meeting concerning the current request; that a previous concern was the test driving of vehicles through the neighborhood, particularly on Wood Street; that the issues were first raised at the time she came on the Commission; that allowing monthly automobile sales without any regulations concerning transport of vehicles, etc., is a concern; that often the drivers transporting the vehicles back to the dealership did not adhere to the City's speed limit. Mr. Litchet stated that the request is for the authority to move forward in developing an amendment to the Zoning Code (2002 Ed.); that concerns and issues can be addressed through language in an amendment, which will require a hearing before the Planning Board/Local Planning Agency (PBLP) and two public hearings before the Commission; that the latest master plan of Sarasota Ford includes a good-neighborhood policy; that complaints from the neighborhood near Sarasota Ford have declined; that some of Sarasota Ford's ideas could be incorporated into an amendment to the Zoning Code (2002 Ed.); that the automobile sales will not be limited to Sarasota Ford; that automobiles can come from any dealership; that Staff will work to protect the neighborhoods from traffic impact; that the request is not to approve an amendment but rather to authorize Staff to move forward with developing an amendment to the Zoning Code (2002 Ed.). Commissioner Martin asked if set-up time for an automobile sale is in addition to the 28 days? Mr. Litchet stated no; that the current code allows for two 14-day sales which includes the set-up time. Commissioner Martin asked if the additional requested time is also inclusive of set-up time? Mr. Litchet stated yes. Commissioner Martin stated that a recent Alta Vista Park Neighborhood Association meeting was attended; that traffic impact into the neighborhood, specifically from Sarasota Ford, is a significant concern; that regulations for buffering standards are established in the Zoning Code (2002 Ed.) for the Fruitville Gateway Corridor Overlay District; that the buffering standards can be included in an amendment to the Zoning Code (2002 Ed.). Mr. Litchet stated that the buffering standards in the Fruitville Gateway Corridor Overlay District do not focus on a detailed landscaping standard; that a different buffering standard which included the placement of an oak tree every 25 feet existed at one time; that such a buffering standard could be included in an amendment to the Zoning Code (2002 Ed.); that consulting a landscaping architect may be necessaryi that a master plan is currently being developed for the Fairgrounds and may include some type of buffering. Commissioner Martin stated that some landscaping and buffering standards are included in the Zoning Code (2002 Ed.); that visually protecting the gateway into the City is important; that the Fairgrounds Board has offered to install buffering along Fruitville Road; that establishing a buffering standard as a proffer prior to the allowing the use changes is desired. Mr. Litchet concurred; and stated that specific standards could be required prior to approval of an amendment to the Zoning Code (2002 Ed.). BOOK 52 Page 24178 11/04/02 2:30 P.M. BOOK 52 Page 24179 11/04/02 2:30 P.M. Commissioner Martin stated that incorporating such language would alleviate concerns. Vice Mayor Palmer stated that buffering and signage standards should be enhanced if the number of allowed automobile sales is increased. Commissioner Servian stated that the amplified speaker system at the Fairgrounds is a concerni that announcing the names of sales staff over the amplified speaker system is intrusive to the neighborhood; that alternative means of communication such as two- way radios or telephones should be utilized. Mr. Litchet stated that current communication technology should be utilized. Commissioner Quillin stated that Sarasota Ford utilizes two-way telephones; that the internal circulation of traffic near the Fairgrounds should be evaluated; that an amendment to the Zoning Code (2002 Ed.) should be site-specific; that other commercial uses may request extensions which is a concern. The following person came before the Commission: Robert Johnson, Attorney, representing the Sarasota County Agricultural Fair Association, Inc., came forward and stated that 14-day automobile sales do not occur at the Fairgrounds; that complaints regarding test driving of vehicles in the neighborhood have not been received; that test drivers do not cross Fruitville Road into the neighborhoods or into the nearby mobile home park; that the test drivers stay on the Fairgrounds property; that the amplified speaker system at the Fairgrounds has not been utilized for automobile sales for over two years; that the sales staff have two-way radios and telephones. Attorney Johnson continued that in 1999, the City approached the Fairgrounds Board regarding its intent to buffer Fruitville Road and install reuse water lines; that two meetings were held with the City; that the City's plans for buffering and installing reuse water lines were approved by the Fairgrounds Board; that the Fairgrounds Board was under the false assumption the City intended to buffer and install reuse lines along Fruitville Road as presented; that telephone calls to the City were never returned; that automobile sales at the Ed Smith Sports Complex are a concerni that the Fairgrounds is being put out of business while the Ed Smith Sports Complex is being put into business with automobile sales; that the Fairgrounds lost $154,000 in automobile sales revenue in 2000 compared to 1999 and $184,000 in 2001 compared to 2000; that the ability of the Fairgrounds to serve the community is being handicapped; however, the City utilizes the Fairgrounds at no cost for many events; that such events include 3-day emergency service training in which an oil truck was overturned at the Fairgrounds and set on fire; that the event was held at no cost to the City; that the City recently requested the use of the Fairgrounds to hold a civil service meeting to provide information to City employees regarding pension plans; that the Fairgrounds has been a good neighbor; that only one Commissioner, who no longer serves, brought the issue of landscaping and buffering to the table; that the Fairgrounds and participants at the Fairgrounds act responsibly; that a new master plan for the Fairgrounds, which is costing $184,000 to develop, will be presented in December 2002; that the demographics and the financial feasibility portions of the master plan are complete; that the majority of future events will occur indoors; that a newly designed arena will be neighborhood friendly and will include open spaces. Attorney Johnson further stated that the current Fairgrounds is obsolete and dilapidated and will either go completely out of business or be updated into a modern arena/exhibition center; that the Fairgrounds is losing moneyi that 22 4-H and Future Farmers of America Clubs are supported every week at the Fairgrounds at no cost to the participants; that 3 percent of the sales to haul the animals away is the only charge for the participants; that the request is for latitude concerning automobile sales sO business can continue until the master plan is completed; that Sarasota Ford will not hold future automobile sales at the Fairgrounds under the current regulations; that the current regulations are limited to one of each model of automobile along Fruitville Road; that automobiles displaying for-sale signs and semi-trailers at the Fairgrounds are towed away daily; that the request is to approve the request to move forward with the development of an amendment to the Zoning Code (2002 Ed.). Commissioner Quillin stated that currently, automobile sales could occur every weekend at the Fairgrounds sO long as the automobiles are restricted to inside the Fairgrounds property. Attorney Johnson stated that automobile sales currently occur behind the Robarts Sports Arena on the south side of Ringling Boulevard; however, automobile sales do not occur every week. BOOK 52 Page 24180 11/04/02 2:30 P.M. BOOK 52 Page 24181 11/04/02 2:30 P.M. Commissioner Quillin stated that automobile sales could occur every weekend. Attorney Johnson stated that is correct; however, automobile dealerships desire visibility from Fruitville Road. Commissioner Quillin stated that the understanding is one model of each type of automobile is allowed along Fruitville Road but the sale is restricted to the south side of Ringling Boulevard behind the arena. Attorney Johnson stated that is correct. Commissioner Quillin asked for clarification of the new indoor arena. Attorney Johnson stated that all the facilities at the Fairgrounds will be new within the next five yearsi that the animal barns will be moved to the southern part of the property with a new arena in front toward Fruitville Road as a show piece for a gateway to the Downtown area. Commissioner Quillin asked the difference between the current and future ability of holding automobile sales on the south side of Ringling Boulevard behind the arena? Attorney Johnson stated that automobile sales at the Fairgrounds will be indoors in a new facility in five years; that Robarts Sports Arena is currently dilapidated, ugly, and cannot hold a large number of vehicles. Commissioner Quillin asked the difference of the impact to the community? Attorney Johnson stated that the ability to hold more varied functions in the future will enable the Fairgrounds to be less dependant on automobile sales; that State functions such as the Statewide conventions of the Rotary or the Kiwanis Clubs as well as a high school or college graduation for an adequate number of attendees cannot be held at the Fairgrounds due to the present condition; that holding automobile sales at the Fairgrounds may not be necessary in five years; that future commercial ventures could include functions for John Deere and Company, the Ford Motor Company, and the American Kennel Club, all of which have expressed a desire to utilize the Fairgrounds if upgraded. Vice Mayor Palmer stated that upgrading the facilities at the Fairgrounds is supported; and asked if the Fairgrounds Board is willing to implement the City's plan regarding the landscaping buffering and marquee? Attorney Johnson stated that the recommended oaks trees as a landscaping buffering along Fruitville Road will be installed; that the traffic flow at the intersection of Pompano Avenue and Fruitville Road has been changed to an eastbound turn only onto Fruitville Road; that buffering Ringling Boulevard is not necessary at this time. Vice Mayor Palmer asked if changes will be made to the existing marquee? Attorney Johnson stated that the marquee was recently replaced due to damage from a storm. Vice Mayor Palmer asked if the Commission and the community will have the opportunity through neighborhood meetings to view a diagram of the proposed improvements prior to implementing an amendment to the Zoning Code (2002 Ed.)? Attorney Johnson stated yes; that a diagram of the temporary improvements will be provided to the City and the community. Vice Mayor Palmer stated that complaints from automobile dealerships regarding restricted use of the Fairgrounds have been received; and asked for clarification of the policy of the Fairgrounds regarding automobile dealerships. Attorney Johnson stated that the policy is on a first-come, first- serve basis; that a contract is signed, a deposit is paid, and a date is scheduled; that one automobile dealership has had every Labor Day Holiday for the past several years; that the Fairgrounds is available to all automobile dealerships; however, dates cannot be held without a deposit. Vice Mayor Palmer stated that the intent of the question is to clarify the availability of the Fairgrounds to all automobile dealerships. Commissioner Quillin stated that the type of trees being installed for the buffering along Fruitville Road is a concern; that palm trees are less difficult to move and will not block the view of the marquee; that canopy trees such as oak trees may interfere with the view; that palm trees are preferred. BOOK 52 Page 24182 11/04/02 2:30 P.M. BOOK 52 Page 24183 11/04/02 2:30 P.M. Attorney Johnson stated that the City was originally interested in the installation of oaks trees along Fruitville Road; however, the Fairgrounds Board is open to other ideas. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to direct Staff to prepare an application for a Zoning Text Amendment consistent with the proposal, taking into consideration the issues such as landscape buffering and traffic impact into the neighborhoods identified by the Commission as concerns. Vice Mayor Palmer stated that the Fairgrounds Board is requested to have a meeting with the residents of the abutting neignborhoods once the Fairgrounds Master Plan is developed and prior to a public hearing by the Planning Board/Local Planning Agency. Attorney Johnson stated that two public meetings have been held concerning the Fairgrounds Master Plan, one concerning demographics and one concerning financial matters; that only one member of the public attended the meetings; that nevertheless, another meeting will be held. Commissioner Martin asked if the intent of the motion is the buffering will be installed prior to approving the increase in usage? Vice Mayor Palmer stated yes. Commissioner Martin asked if the proposed amendment to the Zoning Code (2002 Ed.) will be addressed in the next cycle of Zoning Text Amendments? Vice Mayor Palmer stated yes. Commissioner Martin stated that the Fairgrounds is supported; that the importance of the Fairgrounds to the community is appreciated; that the loss in income is understood and appreciated; that the motion is supported as long as the visual buffer and the traffic issues are addressed; that the hope is the requested change in the Zoning Code (2002 Ed.) will be beneficial to everyone involved. Commissioner Quillin stated that a presentation could be made to the Coalition of City Neighborhoods Association (CCNA) which regularly meets the first Saturday of the month; that a presentation to the CCNA may be easier than a neighborhood meeting; that anyone interested in additional information could contact the Fairgrounds. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 3. APPROVAL RE: ACCEPTANCE OF SISTER CITIES SPECIAL PROJECT GRANT IN THE AMOUNT OF $9,560 = APPROVED (AGENDA ITEM III) CD 3:14 through 3:18 City Manager McNees stated that the Players Theatre has a cultural exchange planned with the City of Zunyi, China; that the Executive Director of the Players Theatre brought to the City's attention the opportunity to obtain a State grant to allow more people to participate if the City would make application for the grant; that the Players Theatre will provide matching funds through revenue- generating cultural programming; that the City submitted an application for and was awarded a Sister Cities Special Project Grant for $9,560; that the Commission must approve receipt of the grant; that the Executive Director of the Players Theatre met with representatives of the Sarasota Sister Cities Program, which agreed the cultural exchange will be an exploration of a possible Sister Cities relationship; that a subcommittee will be formed under the structure of the Sarasota Sister Cities Association to oversee the process; that the Commission is not being asked to make any commitment at this time; that a determination of the composition of the delegation to Zunyi will be required in the future; that recommendation is to task the subcommittee with recommending the composition of the delegation, which will be comprised of approximately six people; that the grant funds will be utilized in accordance with the program guidelines and in support of the project entitled "Sarasota, Florida and Zunyi, China Sister City Cultural and Economic Exchange"; that the grant funds must be expended by June 30, 2003; that the recommendation is to accept the grant funds and execute the Assurance of Compliance and Signature Authorization Form. Commissioner Quillin stated that the item was removed from the Consent Agenda at the October 21, 2002, Regular Commission meeting as the Sarasota Sister Cities Association had not signed off on the grant; that a letter from the Sarasota Sister Cities Association supporting the grant would have been appreciated; that BOOK 52 Page 24184 11/04/02 2:30 P.M. BOOK 52 Page 24185 11/04/02 2:30 P.M. the grant is wonderful; that the hope is anyone interested in such a grant will work with the Sarasota Sister Cities Association in the future. Mayor Mason stated that the Sarasota Sister Cities Association has been involved. Commissioner Quillin stated that the Sarasota Sister Cities Association was not aware of the grant until after the grant was awarded; that the program is exciting; that the programs of the Sister Cities Association are strongly supported. On motion of Commissioner Quillin second of Commissioner Servian, it was moved to accept the grant funds and authorize the City Manager to execute the Assurance of Compliance and Signature Authorization Form. Motion carried unanimously (5 to 0): Martin, yes; Pailmer, yes; Quillin, yes; Servian, yes; Mason, yes. 4. APPROVAL RE: RECOMMENDATIONS CONCERNING SCHEDULING MEETING START TIMES AND ITEMS ON THE AGENDA FOR REGULAR CITY COMMISSION MEETINGS APPROVED AS REVISED (AGENDA ITEM IV) CD 3:18 through 3:41 City Manager McNees stated that recommendations concerning the scheduling of meeting start times and items on the Agenda is presented by the three Charter Officials at the Commission's direction; that the recommendation includes starting the Regular Commission meetings in the afternoon to address items with little anticipated public input sO the evening meetings will be more productive; and referred to a recommended Agenda for Regular Commission meetings included in the Agenda backup material as follows: From 2:30 to 4:30 p.m.: : Citizens' Input Approval of Minutes Board Actions Consent Agendas Board Appointments Unfinished Business Beginning at 6:00 p.m.: E Special Presentations Public Hearings Scheduled Presentations Citizens' Input Unfinished Business New Business Commissioners' Remarks Remarks of Administrative Officers City Manager McNees stated that the Commission is requested to approve the recommended Agenda. City Auditor and Clerk Robinson stated that appropriate revisions in the Commission's Rules of Procedure will be presented at the November 18, 2002, Regular Commission meeting if the recommendation is acceptable. City Manager McNees stated that the suggested Agenda can be revised in the future if necessary. Vice Mayor Palmer stated that the suggested Agenda should be tried, can be changed if necessary, and is a good effort to resolve the concerns of the community and the Commission regarding the length of the Commission meetingsi; that a time limit of possibly 30 minutes should be established for Citizens' Input for the afternoon meeting to assure the other Agenda items can be completed; that additional Citizens' Input could be taken at the conclusion of the afternoon meeting if time is available; that an earlier time limit of possibly 10 p.m. should be established for the evening meetings if an afternoon meeting is held; that the Commission can vote to extend the evening meeting if necessaryi that the concern is the length of the evening meeting will not be decreased if an earlier time limit is not established; and asked for clarification of the Agenda item of Unfinished Business. City Manager McNees that Unfinished Business is the same as is currently on the Agenda and is generally routine, administrative business which has been considered by the Commission previously. Vice Mayor Palmer asked when items removed from the Consent Agendas will be considered? City Auditor and Clerk Robinson stated that no change is proposed to the current procedure, which is to consider items removed from the Consent Agendas as Unfinished or New Business as appropriate; therefore, items removed from the Consent Agenda will be considered at the appropriate location on the Agenda at the evening meeting; that the current meeting is a Special BOOK 52 Page 24186 11/04/02 2:30 P.M. BOOK 52 Page 24187 11/04/02 2:30 P.M. Commission meeting; therefore, items removed from the Consent Agendas will be considered at the end of the current meeting. Vice Mayor Palmer stated that considering items removed from the Consent Agendas at the evening meeting is a concern as people attending the afternoon meeting for a Consent Agenda item will have to return to the evening meeting and possibly stay late if an item is removed from the Consent Agenda; that a resolution is not known. City Manager McNees stated that an objective is to eliminate late night meetings; that the 2:30 to 4:30 p.m. time frame is fixed; that the effort would be to accomplish everything possible prior to 4:30 p.m. City Auditor and Clerk Robinson stated that two hours is not a significant amount of time; that considering items removed from the Consent Agendas may mean time is not available in the afternoon to consider other scheduled items. Vice Mayor Palmer stated that the concern is understood; however, the effort is to assure people attending the meetings are not inconvenienced. City Auditor and Clerk Robinson stated that the process is new and can be changed as necessary. Vice Mayor Palmer agreed and stated that the two concerns were to establish a limitation on Citizens' Input and the location of items pulled from the Consent Agenda during the evening meeting. Commissioner Servian stated that having the discussion is pleasing; that often, the Commissioners begin days of Commission meetings early with breakfast meetings, etc.; that making the decisions required at late hours is difficult; that the Commission is not practicing good government by making decisions too late at night; that the evening meeting should end at 9:30 p.m.; that ending at 9:30 p.m. with an afternoon meeting of two hours is the same number of hours as currently scheduled from 6:00 to 11:30 p.m.i that Citizens' Input is also a concern. City Manager McNees stated that items are not scheduled on the Consent Agendas if a public concern exists; that typically, items are removed from the Consent Agendas due to Commissioner questions regarding information provided in the Agenda backup material; that the questions generally involve Staff which is present regardless; that removing items from the Consent Agendas should not cause a concern from the public's perspective. Commissioner Quillin stated that items removed from the Consent Agendas were previously considered at the conclusion of the other Consent Agenda items, which is another opportunity to consider for scheduling; that the City Auditor and Clerk was requested to research the length of past meetings; that the average meeting length for 2001 was 4 hours 18 minutes, which is less than the scheduled meeting time; that more recent meetings have averaged 4 hours 56 minutes, which is still less than advertised; that the meeting schedule can continue as at present; that Commission Workshops were previously held on Monday afternoons; however, Commissioners did not wish to continue with Monday afternoon Workshops due to the evening Regular Commission meetings; that Monday afternoons prior to a Regular Commission meeting are often personally used to review Agenda backup material. Commissioner Quillin continued that a suggestion is to hold Regular Commission meetings every Monday evening; that all items especially the public hearings could be considered; that historically, the scheduled meeting time has not been exceeded except on rare occasions; that only three Regular Commission meetings have exceed the time limits in the past year; that she had to sit in the audience for an extended period on many occasions prior to becoming a Commission due to the public input at the Commission meeting; that limiting Citizens' Input is not supported; that Citizens' Input is the opportunity for the public to speak; that members of the public should be encouraged to be scheduled under Scheduled Presentation regarding issues of major concerni that the item concerning Scheduled Presentations was previously removed from but recently re-included on the Agenda; that no personal knowledge of problems with public input exists; therefore, the suggestion to limit public input is surprising; that limiting public input is not supported. Commissioner Martin stated that the problem with the meeting length is not the average meeting time but rather the exception meeting time due to the difficulty of the issues and the amount of public input; that decisions concerning difficult issues with significant public input are the most important; that the recommendation is pleasing and workable; that a suggestion is for an afternoon meeting from 2 to 4 p.m., allowing a two-hour break prior to the evening meeting; that moving Citizens' Input to the beginning of the afternoon meeting was to emphasize the BOOK 52 Page 24188 11/04/02 2:30 P.M. BOOK 52 Page 24189 11/04/02 2:30 P.M. importance of input from the public and to establish a specific time at which citizens could speak; that the public would know at a specific time, i.e., 2:00 or 2:30 p.m., Citizens' Input would be accepted and citizens would have 3 minutes to speak; that limiting Citizens' Input to 30 minutes which is 10 speakers at 3 minutes each at the afternoon meeting is not a concern; that generally, 10 members of the public do not sign up to speak to items not on the Agenda; that some citizens may prefer to speak at the afternoon meeting for many reasons; that an additional opportunity for Citizens' Input will be available to make more of an effort to listen to the public; that scheduling afternoon meetings may increase Staff efficiency by being able to be available to address issues during working hours; that Staff receives but can rarely utilize the compensatory time earned at the evening meetings; and asked if Commission Board Reports will be scheduled at the end of the evening meeting prior to Commissioner Remarks. City Auditor and Clerk Robinson stated that the recommendation is to schedule Commission Board Reports at the end of the evening meeting as at present. Commissioner Martin stated that the presentation concerning the Employee of the Month could be scheduled during the afternoon meeting while the employee is at work. Mayor Mason stated that the employee's family may not be available in the afternoon. Commissioner Martin stated that Scheduled Presentations could be considered prior to the public hearings; that scheduling a specific time may be more respectful of the time of members of the public wishing to make a Scheduled Presentation. City Auditor and Clerk Robinson stated that only two 7-minute Scheduled Presentations are allowed at each meeting. Commissioner Martin stated that the Scheduled Presentations could follow the Commission Presentations sO members of the public would not have to wait until the conclusion of the public hearings; that the recommendation from the Charter Officials is appreciated. Commissioner Servian stated that a concern is for members of the public who must wait a lengthy period during the evening meeting until Citizens' Input is received; and asked if Citizens' Input could be scheduled prior to the public hearings? Commissioner Quillin stated that the purpose of the 6 p.m. Regular Commission meeting is for the public hearings; that the preference is to hold public hearings exactly at 6 p.m. Commissioner Servian stated that public hearings currently begin close to 6 p.m.i that Special Presentations do not take an extended period of time. City Auditor and Clerk Robinson stated that Special Presentations have taken up to a half hour in the past; that some Special Presentations could be scheduled at the afternoon meeting and others for which recipients will be present could be scheduled at the evening meeting. Commissioner Quillin stated that Special Presentations should be scheduled either at the afternoon or the evening meeting; that the County does Special Presentations at 9:30 a.m. City Auditor and Clerk Robinson stated that a half hour of Special Presentations will have a significant impact on the ability to complete the Agenda for a 2-hour afternoon meeting. Vice Mayor Palmer stated that Special Presentations should be scheduled for the evening meeting. Mayor Mason agreed. City Manager McNees stated that Special Presentations could be called Presentations and Proclamations to avoid confusion with Scheduled Presentations. Vice Mayor Palmer asked the action requested. City Manager McNees stated that the Commission is requested to approve the recommended meeting start times and items on the Agenda. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to approve the recommendation of the Charter Officials concerning the meeting start times and items for the Agenda of Regular Commission meetings with the following modifications: BOOK 52 Page 24190 11/04/02 2:30 P.M. BOOK 52 Page 24191 11/04/02 2:30 P.M. 1. limiting Citizens' Input to 30 minutes at the afternoon meeting 2. moving Scheduled Presentations to after Special Presentation at the evening meeting 3. identifying Commission Board Reports at the end of the meeting prior to Commissioner Remarks 4. changing the afternoon meeting time to 2 to 4 p.m. 5. changing the time limit for the evening meeting to 9:30 p.m. with a motion required to extend the meeting Commissioner Quillin stated that a conflict exists with scheduling the afternoon meeting from 2 to 4 p.m. Vice Mayor Palmer as the maker of the motion with the approval of Commission Servian as the seconder amended the motion to delete the change in the afternoon meeting time to 2 to 4 p.m. sO the afternoon meeting time will be from 2:30 to 4:30 p.m. Commissioner Quillin stated that keeping the start time for the afternoon meeting at 2:30 p.m. is appreciated; however, the motion is not acceptable as limiting public input will never be supported in principle; that Citizens' Input could be added someplace else on the Agenda such as aiter Unfinished Business at the afternoon meeting; that the County allows public input at the beginning and the end of the meeting; that censorship will not be supported; that the motion could be amended to place Citizens' Input at the end of the afternoon meeting. Vice Mayor Palmer as the maker of the motion with the approval of Commissioner Servian as the seconder agreed that Citizens' Input can also be placed at the end of the afternoon meeting. Vice Mayor Palmer stated that establishing time limits is not an attempt to censor anyone; that everyone should have an opportunity to speak; that Citizens' Input is not an opportunity for the public to speak on items already on the Agenda and is only concerning items not on the Agenda; that Citizens' Input will be allowed at the beginning of the afternoon meeting as well as at the end if time is available; that Citizens' Input is also allowed at the evening meeting; that adequate opportunity is provided for the public to speak; that individuals can also sign up to speak concerning any item on the Agenda as appropriate. Commissioner Quillin stated that limiting Citizens' Input to 30 minutes is a concerni that individuals who cannot attend the evening meeting may wish to speak at the afternoon meeting to an item on the Agenda of the evening meeting; that if not allowed, the Agenda should clearly stipulate public input is not allowed on an item on the Agenda. Commissioner Servian stated that Citizens' Input will be limited at the beginning of the afternoon meeting to 30 minutes but will be continued at the end of the meeting if time permits; that the public is not being censored; that the County is managing the process in the same manner. Commissioner Quillin stated that the suggestion is to schedule Citizens' Input at the end of the Agenda of the afternoon meeting; that the business of the Agenda could be concluded at 4 p.m. sO Citizens' Input could be received until the scheduled adjournment time of 4:30 p.m. City Auditor and Clerk Robinson stated that the advantage of scheduling Citizens' Input at 2:30 p.m. is the public knows the specific time scheduled; that the public must attend the entire meeting if Citizens' Input is scheduled at the end of the meeting, which could be at 3:30 p.m. if the Agenda is short. Commissioner Servian stated that Citizens' Input could be scheduled at the beginning of the afternoon meeting for 30 minutes; that additional Citizens' Input could be taken at the conclusion of the meeting if anyone wishes to remain and time permits. Commissioner Quillin asked for clarification of the motion. Vice Mayor Palmer stated that the suggestion was to have Citizens' Input at the end of the afternoon meeting; therefore, Citizens' Input was added at the end of the afternoon meeting. Commissioner Servian stated that the afternoon meeting would open with Citizens' Input; that any member of the public remaining the end of the afternoon meeting who wishes to speak could do sO until 4:30 p.m. Mayor Mason called for a vote on the motion as amended to approve the recommendation of the Charter Officials concerning the meeting start times and items for the Agenda of Regular Commission meetings with the following modifications: BOOK 52 Page 24192 11/04/02 2:30 P.M. BOOK 52 Page 24193 11/04/02 2:30 P.M. 1. limiting Citizens' Input to 30 minutes at the beginning of the afternoon meeting and scheduling additional Citizens' Input at the end of the afternoon meeting if time permits 2. moving Scheduled Presentations to after Special Presentation at the evening meeting 3. identifying Commission Board Reports at the end of the meeting prior to Commissioner Remarks 4. changing the time limit for the evening meeting to 9:30 p.m. with a motion required to extend the meeting Motion as amended carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 4, AND 5 = APPROVED (AGENDA ITEM V-A) CD 3:41 through 3:42 Vice Mayor Palmer requested that Item No. 2 be removed for discussion. Commissioner Quillin requested that Item No. 3 be removed for discussion. 1. Approval Re: Acceptance of a COPS MORE 2002 Grant from the Department of Justice, contingent on the approval of request for matching funds. 4. Approval Re: Requested by Mote Marine for the City to waive the construction security for the construction of the Keating Marine Education Center. 5. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Funding Agreement Contract No. 2003-2003 between Sarasota County and the City of Sarasota in the amount of $50,000 on behalf of the Sarasota Bay National Estuary Program for fiscal year 2003. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 4, and 5. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Items 2 and 3 will be considered as Item Nos. VII and VIII after the other scheduled Agenda items. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1545) - ADOPTED, ; ITEM 2 (RESOLUTION NO. 03R-1546) = ADOPTED; ITEM 3 (RESOLUTION NO. 03R-1548) = ADOPTED ; ITEM 4 (RESOLUTION NO. 03R-1549) ADOPTED, i AND ITEM 5 (RESOLUTION NO. 03R-1550) - ADOPTED (AGENDA ITEM V-B) CD 3:42 through 3:46 Vice Mayor Palmer requested that Item No. 6 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 03R-1545, approving Major Conditional Use Application 02-CU-08 to allow the installation of a floating dock system with 31 boat slips and a terminal platform as a Major Conditional Use at the Sarasota Hyatt Hotel Boat Basin, 1000 Boulevard of the Arts; providing for conditions of approval and providing that said major conditional use is required to be constructed and located in accordance with the Site Plan Application No. 02-SP-32; etc. (Title Only) Application No. 02-CU-08, Applicant Joel Freedman, as agent representing Hotel Associates of Sarasota, Ltd.). 2. Adoption Re: Proposed Resolution No. 03R-1546, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated herein; etc. (Title Only). 3. Adoption Re: Proposed Resolution No. 03R-1548, appropriating from the unappropriated fund balance of the funds in the amounts identified in Exhibit A, and to provide for the re-appropriation of funding for projects that were budgeted in the previous fiscal year but not completed, and a contract or purchase order had not been issued as of September 30, 2002; etc. 4. Adoption Re: Proposed Resolution No. 03R-1549, appropriating $122,199 from the unappropriated fund balance of the Solid Waste Equipment Replacement Fund to provide funding to replace a 1999 Solid Waste collection vehicle destroyed by a fire; etc. BOOK 52 Page 24194 11/04/02 2:30 P.M. BOOK 52 Page 24195 11/04/02 2:30 P.M. 5. Approval Re: Proposed Resolution No. 03R-1550, appropriating $207,027 from the Special Law Enforcement Trust Fund (Forfeitures) to provide matching funds in order to apply for a COPS MORE Grant from the Bureau of Justice Assistance; etc. City Auditor and Clerk Robinson read proposed Resolution Nos. 03R-1545 and 03R-1546 by title only and proposed Resolution Nos. 03R-1548, 03R-1549, and 03-1550 in their entirety. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 5. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. 6 will be considered as Item No. IX after the other scheduled Agenda items. 7. CITIZENS - INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 3:46 There was no one signed up to speak. 8. APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE MUNICIPAL SERVICES AND PRE- ANNEXATION AGREEMENT FOR WATER SERVICE FOR A DEVELOPED SITE KNOWN AS THE SALVATION ARMY LOCATED AT 2844 HAWTHORNE STREET APPROVED AS REVISED (AGENDA ITEM VII) CD 3:46 through 3:50 Vice Mayor Palmer stated that several sections of the Municipal Services and Pre-Annexation Agreement (Agreement) between the City and the Salvation Army require clarification; and quoted the following sections from the Agreement included in the Agenda backup material as follows: 2. Fees for Water and Sanitary Sewer Services if Provided: OWNER shall pay to CITY.. E (a) A monthly payment equal to the charge for regular metered water and sewer services to consumers within the CITY, as said rate may be amended from time to time. (b) A monthly payment equal to one-twelfth of the current ad valorem tax millage of CITY.. (c) In the event the Property is annexed into the corporate limits of the CITY, effective on January 1 of the year following annexation of the Property, OWNER shall pay CITY only the fee specified in paragraph C(2) (a) hereof, not the fee specified in paragraph C(2) (b) hereof. Vice Mayor Palmer stated that the Salvation Army is a nonprofit organization; and asked the reason the City is charging a payment for in-lieu of taxes to a nonprofit organization? City Attorney Taylor stated that discussion was held with Staff regarding the concern; that charging the payment for in-lieu of taxes to a tax-exempt organization is not City's intention; that a tax-exempt organization should notify the City of the tax-exempt status and the City will not collect the payment in lieu of taxes; however, Section 2(c) of the Agreement regarding property annexed property is unclear; that the language will be corrected to indicate the payment for in lieu of taxes does not apply to tax- exempt organizations. On motion of Vice Mayor Palmer and second of Commissioner Servian, it was moved to authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement with the Salvation Army for the property located at 2844 Hawthorne Street with the change indicated by the City Attorney concerning the payment in lieu of taxes does not apply to tax- exempt organizations. Vice Mayor Palmer stated that the City records should be searched to determine if modifying the pre-annexation agreements of other tax-exempt organization are necessary. City Manager McNees stated that some pre-annexation agreements with tax-exempt organizations providing for a payment of in lieu of taxes may exist; that a report will be provided. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. BOOK 52 Page 24196 11/04/02 2:30 P.M. BOOK 52 Page 24197 11/04/02 2:30 P.M. 9. APPROVAL RE: REVISION OF THE CITY OF SARASOTA'S SIDEWALK PROGRAM AND MODIFICATIONS OF THE NEWLY REVISED TRAFFIC CALMING PROGRAM - APPROVED WITH A CHANGE TO THE PEDESTRIAN VOLUME CRITERIA (AGENDA ITEM VIII) CD 3:50 through 4:12 City Auditor and Clerk Robinson stated that the item was removed from Consent Agenda No. 1, Item No. 3, of the October 21, 2002, Regular Commission meeting by Commissioner Quillin for discussion. Commissioner Quillin stated that the modifications of the newly revised traffic calming program are exciting; however, not having the opportunity to discuss the program in a Workshop is disappointing; that several meetings of groups interested in traffic calming measures have been attended; that several good recommendations regarding changes to traffic warrants were proposed; that the Citywide sidewalk program is on a first-come, first-serve basis rather than providing for a connection of sidewalk systems for traffic abatement; that specific areas should be evaluated to ensure connections; that sidewalks to schools should be reevaluated. Dennis Daughters, Director of ngineering/City Engineer, and Alexandrea Davis-Shaw, Deputy Director of Engineering, came before the Commission. Ms. Davis-Shaw stated that the original sidewalk program included mandatory sidewalks which is not dissimilar to the modifications proposed in the newly revised traffic calming program; that the mandatory sidewalks were constructed with the exception of one location for which a petition was received not to construct the sidewalk; that the mandatory sidewalks included a certain number of connections to schools and bus stops; that the optional process of constructing sidewalks on a first-come, first-serve basis means the area is not being viewed as a whole; that several sidewalk sections exist but do not connect; that dropping the requirement from 12 to 6 warrants allows for an area-by-area evaluation to assure better connectivity. Commissioner Quillin stated that better connectivity is the hope; however, the sidewalks will still be evaluated on a first-come, first-serve basis. Ms. Davis-Shaw stated that an entire area will be evaluated; that extra points are provided to a neighborhood with a Neighborhood Action Strategy plan; that an entire area will be examined. Commissioner Quillin referred to the Downtown Environs Area map included in the Agenda backup material and stated that some sidewalks stop in the middle of nowhere; that the recently approved sidewalk for the Arlington Park area does not connect to another area; that the hope is areas for the sidewalk program will be evaluated to ensure walkable neighborhoods; that Staff should ensure someone with a child in daycare is able to utilize a sidewalk to travel safely from one area to another. Mr. Daughters stated that the modification to the traffic calming program includes a provision for the Engineering Department to initiate a sidewalk project to finish an incomplete portion. Commissioner Servian stated that a recent meeting of the Coalition of City Neighborhoods Association (CCNA) was attended; that the modifications to the traffic calming program received overwhelming support; however, certain neighborhoods such as Lido Key do not desire sidewalks. Commissioner Quillin referred to the Daily Pedestrian Volume section of the proposed Traffic Calming Program Warrants chart included in the Agenda backup material and stated that people may not be walking due to the lack of sidewalks; that sidewalks may improve pedestrian volume; that the warrants are limited to elementary and middle schools; that two high schools exist in the City; that sidewalks to daycare and public facilities should be included. Ms. Davis-Shaw stated that a recent count of an elementary school exceeded the count of 25 students per hour required for the pedestrian volume warrant; that Staff is confident an elementary school will meet the warrant without sending someone to the location to count; that an area which includes a daycare or a park would require a count; that Staff will work with the daycare or park to determine peak hours of utilization to obtain an appropriate count; that excluding certain facilities is not the intent. Commissioner Quillin stated that attendees at neighborhood meetings are requesting traffic abatement near daycare and park facilities. BOOK 52 Page 24198 11/04/02 2:30 P.M. BOOK 52 Page 24199 11/04/02 2:30 P.M. Ms. Davis-Shaw stated that Staff listens to questions and concerns of citizens at neighborhood traffic meetings; that a street is not required to meet traffic calming warrants to be eligible for sidewalks. Commissioner Quillin stated that traffic could be abated near Southside Elementary School if safe sidewalks were installed sO the children could to walk to school; that parents who live two blocks away must drive their children to the school; that the City does not have safe sidewalks in the area; that making the City a safer walking community should be the goal. Ms. Davis-Shaw stated that safer sidewalks is the reason for evaluating the City's sidewalk program; that pedestrian activity is promoted by the concepts of New Urbanism; that the old sidewalk program was not promoting safe pedestrian activity; that the goal is to insure the public has the ability to walk to every school. Commissioner Quillin stated that walking to a store, daycare facility, or a pharmacy should also be included in the goal; and asked if the revisions to the traffic calming program apply only to the Downtown area? Mr. Daughters stated no. Commissioner Quillin stated that the map included in the Agenda backup material only includes the Downtown area. Mr. Daughters stated that two areas exist within the Downtown Environs Area; that sidewalks are mandatory in the Downtown Environs Area through the Downtown Master Plan 2020; that different criteria apply to the area outside the Downtown Environs Area; that the map provides a boundary of the areas. Mayor Mason asked if a prioritization based on total points will exist and if, for example, an. area receiving 11 points will be a higher priority than an area with 7 points? Ms. Davis-Shaw stated that the goal is to complete an entire area with 6 or more points; that the areas with higher point values will be completed first if funding is a concern; that the hope is a cost benefit can be achieved by completing an entire area at once; that completing an entire area is less disrupted to the neighborhood. Commissioner Martin stated that the points appear weightèd higher for the Downtown Environs Area; that funding is limited for the program. Ms. Davis-Shaw stated that the City has allocated $150,000 for the program. Commissioner Martin stated that the higher weighting favoring a certain area or project is a concern. Mr. Daughters stated that the concern is valid; however, a significant amount of sidewalks currently exist in the Downtown Environs Area; that developers construct most sidewalks in the Downtown Environs Area. Commissioner Martin stated that the requirement to acquire rights- of-way for connections is a concern; and asked the reason the 6- point criteria were increased to a 9-point criteria? Mr. Daughters stated a 6-point criteria may encourage more projects than the amount of available funding. Commissioner Martin stated that obtaining rights-ot-way through purchase or eminent domain may be difficult and costly; that two such locations are East Avenue between Waldemere Street and Hyde Park Street as well as Fourth Street between Osprey Avenue and Gillespie Avenue; and asked if the two locations will meet the 9- points or more threshold? Ms. Davis-Shaw stated that the belief is both areas will meet the threshold; however a specific evaluation has not been completed. Commissioner Martin referred to the Sidewalk Analysis chart included in the Agenda backup material and stated that the East Avenue location is not in the Downtown Environs Area, not in the Enterprise Zone, not part of a Neighborhood Action Strategy plan, not an arterial, or a major collector. Ms. Davis-Shaw stated that the East Avenue location would receive 3 points for being within one mile of a public facility and 3 points for connections at both ends; that 3 additional point can be granted if a school or a bus stop is in the area. Commissioner Martin stated that therefore the East Avenue location would be awarded 9 points. BOOK 52 Page 24200 11/04/02 2:30 P.M. BOOK 52 Page 24201 11/04/02 2:30 P.M. Ms. Davis-Shaw stated that the Fourth Street location is within the Downtown Environs Area and would receive 4 points. Commissioner Quillin stated that the modifications to the traffic calming program are pleasing; that educating the public concerning the process and amount of funding available is necessary; that completion of the area of Ringling Park took approximately three years; that the public should realize the process takes a long time and must be patient; that the traffic warrants are met on Eighth Street near Tuttle Elementary School; that the Sarasota Police Department (SPD) has been assisting in the area with traffic abatement. Mayor Mason stated that educating the public through AccessSarasota, Channel 19, is suggested. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to approve the proposed changes to the Sidewalk Program and the Traffic Calming Program. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yesi Servian, yes; Mason, yes. Commissioner Quillin referred to the Pedestrian Volume section of the Traffic Calming Program Warrants and asked if the phrase "elementary and middle schools" could be changed to the word "schools"? Ms. Davis-Shaw stated that the intent for the inclusion of both elementary and middle schools is to avoid Staff's having to perform a count. Commissioner Quillin stated that several other schools and daycare facilities in the City meet the same criteria. Ms. Davis-Shaw stated that some private daycare facilities only have five children attending; that automatically assigning a value of 25 students per peak hour was not the intent. Commissioner Quillin stated that the request is to change the language to "schools" rather than limiting the criteria to elementary and middle schools. Mayor Mason asked if the request will change the motion? City Auditor and Clerk Robinson stated that the motion to approve the changes has been passed. Ms. Davis-Shaw stated that the language of the Pedestrian Volume criteria could be changed as follows: Pedestrian volume for parks, daycare and other school facilities will be conducted on an individual basis. City Auditor and Clerk Robinson stated that a motion to amend the previously adopted motion is necessary. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to amend the motion previously adopted to change the Pedestrian Volume criteria as follows: Pedestrian volume for parks, daycare and other school facilities will be conducted on an individual basis. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 10. ADOPTION RE: : SECOND READING OF PROPOSED ORDINANCE NO. 03-4415, TO REZONE + 23.5 ACRES OWNED BY THE SARASOTA COUNTY PUBLIC HOSPITAL BOARD LOCATED WITHIN THE METROPOLITAN REGIONAL LAND USE CLASSIFICATION IN THE SARASOTA CITY PLAN FROM THE GOVERNMENTAL USE (G) L COMMERCIAL GENERAL (CG), OFFICE PROFESSIONAL AND BUSINESS (OPB) AND MEDICAL CHARITABLE INSTITUTIONAL (MCI) ZONE DISTRICTS TO THE SARASOTA MEMORIAL HOSPITAL (SMH) ZONE DISTRICT; SAID PROPERTY BEING GENERALLY BOUNDED ON THE EAST BY SOUTH TAMIAMI TRAIL (U.S. 41); ON THE WEST BY OSPREY AVENUE; ON THE NORTH BY FLOYD STREET; AND ON THE SOUTH BY PORTIONS OF ARLINGTON STREET AND HILLVIEW STREET; APPROVING SITE PLAN 02-SP-28 DEPICTING A PROPOSED PARKING GARAGE TO SERVE THE CAMPUS OF SARASOTA MEMORIAL HOSPITAL ON A PORTION OF THE PROPERTY REZONED TO THE SMH ZONE DISTRICT HEREIN, : SAID PARKING GARAGE TO BE LOCATED ON PROPERTY BOUNDED BY SOUTH TAMIAMI TRAIL (U.S. 41) ON THE EAST, / LAURENT PLACE ON THE WEST, ARLINGTON STREET ON THE NORTH, AND HILLVIEW STREET ON THE SOUTH; ; ETC. (TITLE ONLY) (APPLICATION NOS. 02- RE-12 AND 02-SP-28, APPLICANTS CHARLES D. BAILEY, JR., ESQ. AND DANIEL K. MCDANIEL, AS AGENTS REPRESENTING SARASOTA COUNTY PUBLIC HOSPITAL BOARD) - ADOPTED WITH MODIFICATIONS (AGENDA ITEM IX) CD 4:12 through 4:16 BOOK 52 Page 24202 11/04/02 2:30 P.M. BOOK 52 Page 24203 11/04/02 2:30 P.M. City Auditor and Clerk Robinson stated that proposed Ordinance No. 03-4415 is to rezone property of Sarasota Memorial Hospital from the to the Governmental Use (G), Commercial General (CG), Office Professional and Business (OPB) And Medical Charitable Institutional (MCI) Zone Districts to the Sarasota Memorial Hospital (SMH) Zone District, was passed with modifications on first reading at the October 21, 2002, Regular Commission meeting, and was removed from Consent Agenda No. 2, Item No. 6, by Vice Mayor Palmer for discussion. Vice Mayor Palmer stated that certain issues were discussed at the October 21, 2002, Regular Commission meeting and should be clarified in proposed Ordinance No. 03-4415; that the City Attorney's Office has recommended revised language for incorporation in Section 5 (h) of proposed Ordinance No. 03-4415 as follows: (i) * Applicant shall present the final design for all of the improvements required by this subparagraph to the Southeast Sarasota Neighborhood Association for their review and comment prior to the issuance of the first certificate of occupancy for the proposed parking garage depicted on Site Plan Application 02-SP-28. Vice Mayor Palmer continued that for clarification, the City Attorney's Office also recommended changing the word "may" to the word "shall" in Section 5(p), proposed Ordinance No. 03-4415, concerning the relocation of the Police substation to result in the following: (p) City and Applicant shall enter into an agreement to provide for implementation of this condition City Auditor and Clerk Robinson read proposed Ordinance No. 03-4415 by title only. On motion of Vice Mayor Palmer and second of Commissioner Martin, it was moved to adopt proposed Ordinance No. 03-4415 incorporating the two changes recommended by the City Attorney's Office for Sections 5 (h) (i) and (p) for clarification of the Commission's intent. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. 11. ADJOURN (AGENDA ITEM X) CD 4:16 There being no further business, Mayor Mason adjourned the Special meeting of November 4, 2002, at 4:16 p.m. Cadihat lase CAROLYN J. MASON, MAYOR ATTEST: OBEELE Robens d BILLY: E. RUBINSON, CITY AUDITOR AND CLERK a - BOOK 52 Page 24204 11/04/02 2:30 P.M.