BOOK 54 Page 25625 06/02/03 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 2, 2003, AT 2:30 P.M. PRESENT: : Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Mayor Lou Ann R. Palmer PRESIDING: Vice Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGE TO THE ORDERS OF THE DAY = APPROVED CD 2:31 through 2:32 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. IV.A.5, Approval Re: Ratification of the new Contract Agreement between the City of Sarasota and the Citrus, Cannery, Food Processing & Allied Workers, Drivers, Warehousemen & Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173, dated October 1, 2002. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Servian, yes; Martin, yes. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:32 through 2:39 The following people came before the Commission: Tom Dieter, Commodore, Sarasota Sailing Squadron, 1955 Rolling Green Circle (34220), thanked the Commission for the opportunity to speak; and stated that the Sarasota Sailing Squadron has had a relationship with the City for approximately 60 years; that the Sarasota Sailing Squadron would not exist if not for the creative and innovative thinking of past City leaders; that the subject of concern is the power boat races scheduled in the Bay on Labor Day; that the concerns of the Sarasota Sailing Squadron are grave at best; that the possibility of damage to property or injury to people are increased greatly with sO many boats; that the concern is not with the professional power boat racers; that an estimated 2,000 spectator boats will attend the boat races; that Federal, State and local statistics indicate three percent of the spectator boat operators will be intoxicated; that the Sarasota Sailing Squadron fears the intoxicated spectator drivers; that future Labor Days will be given over to outside money interests with no ties to the community unless local authorities control the waters of the City and the County; that the Commission should not allow the Labor Day power boat races. Richard Muro, Fleet Captain, Sarasota Sailing Squadron, City Island (34236), agreed with Mr. Dieter's comments; and stated that the Sarasota Sailing Squadron holds an annual Labor Day Regatta with approximately 300 boats participating; that the crews on the boats are children ranging in age from 10 to 18; that families of the crews of the 300 boats also attend, resulting in significant activity on the Bayi that the majority of the Bay is used for the Sarasota Sailing Squadron's annual Labor Day Regatta with four race coursesi that two to three chase boats for each race course are utilized; that parents bring boats to coach and supervise the individuals racing. Mr. Muro continued that he was a committee person on one race committee boat during the Sarasota Sailing Squadron's annual Labor Day Regatta for 2002; that during the races, a Poker Run was also being held with very fast power boats racing up and down the Bayi that an incident occurred requiring the police marine patrol be called as the Sarasota Sailing Squadron could not conduct races as the power boats were coming within 100 yards of the 10-year-olds in boats ranging from 8 to 10 feet in length; that the marine patrol caused the fast power boats to slow down; that the power boats participating in the Poker Run came close to the boats participating in the Regatta, which was dangerous. Mr. Muro further stated that the power boat races, if necessary, could be held a different weekend from the time the Sarasota Sailing Squadron holds the annual Labor Day Regatta to avoid interrupting families from all over the United Sates and Canada BOOK 54 Page 25626 06/02/03 2:30 P.M. BOOK 54 Page 25627 06/02/03 2:30 P.M. who will be coming to participate; that power boat races could be held in the south part of the Bay near Big Pass off Siesta Key; that the Commission should not allow the Labor Day power boat races. Stan Zimmerman, 2469 Novus Street (34237), stated that the Sarasota Sailing Squadron's annual Labor Day Regatta is one of the largest sailing competitions in the southeastern United States; that the annual Labor Day Regatta has been conducted under the sponsorship of the Sarasota Sailing Squadron for more than 55 years and is one of the longest standing traditions in the City, comparable to the Fourth of July celebration; that for many years, the City was host to a power boat race which was of Grand Prix caliber on the Fourth of July; that at the same time, the Sarasota Sailing Squadron sponsored the Firecracker Regatta; that for the Sarasota Sailing Squadron to hold a regatta in the midst of a Grand Prix power boat race is not uncommoni however, the concentration of boats in the Bay will be a problem as the Labor Day Regatta is very large and the planned power boat race is a large event with many spectators; that at New Pass on the north side of City Island, the boat traffic will be equivalent to a pedestrian walkway across an interstate highway with no crossing light. Mr. Zimmerman continued that the Commission, using conventional powers or emergency powers if necessary, could proclaim and enforce a no-wake, low-speed zone through New Pass for the particular days of the racing event; that a no-wake, low-speed zone equalizes the speed race and slows down power boat traffic moving through and along New Pass and equalizes the speeds among vessels; that having simultaneous high-speed traffic and low- speed traffic in the same venue is a dangerous situation; that a permanent no-wake, low-speed, idle-speed zone could be established in the New Pass area; that resistance to a no-wake, low-speed, idle-speed zone has existed over the years; that trying a no-wake, low-speed, idle-speed zone approach to traffic control in the area to minimize the risk to sailors whether motorized or operating under sail power is recommended; that for the Sarasota Sailing Squadron which sponsors sO many racing events to preclude a particular racing event would be hypocritical; that hundreds of races have been sponsored in the past; that being against another racing event is not reasonable; that a possible conflict in the circumstances surrounding races exists; that a possible solution exists. Vice Mayor Martin stated that the proposed Labor Day races are a matter of grave concern in the community; that several Commissioners have spoken with the City Manager regarding the concern; that the City Manager is aware of the concern; that permitting may be required for some events; that the ideas brought forward today are helpful. City Manager McNees stated that no application has been made for a permit for the power boat races; that the requirement for a permit is not certain; that presumably, a permit request will be received to Close the Tenth Street boat ramps for the event; that closing the boat ramps may be problematic; that the boat ramps are closed on the Fourth of July; that many boaters use the ramps on holiday weekends; that closing the ramps on Labor Day will not likely occur; that no permit has been requested nor granted for the power boat racing event; that the Administration is open to receiving and critically reviewing a permit request. Commissioner Servian stated that exploring the possibility of instituting a temporary no-wake zone for the particular racing day is desirable; that the requirements to institute a temporary no-wake zone are not known; that the general feeling in the community is to institute a permanent no-wake zone; that taking action one step at a time is good. City Manager McNees stated that rather than providing solutions at the table, possible alternatives should be determined once a permit application is received; that the Commission is requested to afford the opportunity to further investigate if necessary. Vice Mayor Martin stated that the concerns are shared; that any negative consequences of the planned Labor Day events should be mitigated. Dick Sheldon, President of the Board and Interim Executive Director, G.WIZ, 576 South Osprey Avenue (34236), distributed copies of a June 2, 2003, letter to the editor entitled "G.WIZ would host negotiations" regarding efforts to keep the Florida West Coast Symphony within the cultural corridor/arts district of the City of Sarasota; and stated that G.WIZ's invitation to the Commission and anyone wishing to hold a negotiation session at G.WIZ as many times as is necessary is reiterated; that G.WIZ looks forward to helping in any way possible. 3. APPROVAL RE: : MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MAY 19, 2003 - APPROVED WITH CLARIFICATION (AGENDA ITEM II) CD 2:39 through 2:40 BOOK 54 Page 25628 06/02/03 2:30 P.M. BOOK 54 Page 25629 06/02/03 2:30 P.M. Vice Mayor Martin asked if the Commission had any changes to the minutes? Commissioner Bilyeu referred to the following from the minutes of Agenda Item under Agenda Item XIV, Remarks of Commissioners, of the May 19, 2003, Regular Commission meeting: COMMISSIONER BILYEU: * * * * * * * C. stated that Court Watch is doing a good job of monitoring the sentencing of career criminals but is having difficulty with funding; that the City will likely approve another grant in the fall of 2003 Commissioner Bilyeu stated that for clarification the grant referenced is funding from the Law Enforcement Trust Fund. Vice Mayor Martin stated that hearing no other comments, the minutes of the May 19, 2003, Regular Commission meeting are approved by unanimous consent as corrected. 4. REPORT RE: PUBLIC ART COMMITTEE REGULAR MEETING OF MAY 14, 2003 - REFERRED THE PROJECT TO DEVELOP A SARASOTA BAYFRONT ART PARK FOR AN ESTIMATE OF COSTS, STAFFING REQUIREMENTS, AND A RE-EVALUATION OF THE PROJECT RELATIVE TO OTHER PROPOSED CAPITAL IMPROVEMENT PROJECTS TO THE ADMINISTRATION; RESCINDED THE MOTION TO RETAIN THE EXISTING LEMON AVENUE FOUNTAIN APPROVED AT THE APRIL 21, 2003, REGULAR COMMISSION MEETING RECEIVED REPORT (AGENDA ITEM III-1) CD 2:49 through 3:03 George Haborak, Chairman, Public Art Committee, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Haborak presented the following item from the May 14, 2003, Public Art Committee meeting: Sarasota Bayfront Art Park Project Mr. Haborak referred to photographs of the greenspace east of US 41 and across from Bayfront Park bordered by Gulf Stream Avenue which were displayed on the Chamber monitors; and stated that Ken Shelin, a City resident, made a proposal to the Public Art Committee to develop a Bayfront Art Park with a walkway through the greenspace which has a tree canopy and water retention pond; that the proposal is to construct a decorative design walkway through the greenspace and to provide seating and a display of public art received through donation or purchase; that a competition could be held or an artist commissioned for the artwork; that the Public Art Committee discussed and endorsed moving forward with the proposal; that a subcommittee could be established to develop a master plan, work with Staff, and return to the Commission with costs; that the project must be integrated into the City's Capital Improvement Plan, which is understood. Vice Mayor Martin asked the Administration's recommendation? City Manager McNees stated that the Administration recommends referring the proposed Bayfront Art Park for an estimate of costs, staffing requirements, and a re-evaluation of the project relative to other proposed capital improvement projects. Commissioner Bilyeu stated that an amount for maintenance should be included in the cost estimate. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to approve the Administration's recommendation to refer the proposal for a Bayfront Art Park for an estimate of costs, staiiing requirements, and a re-evaluation of the project relative to other proposed capital improvement projects. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yesi Martin, yes. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to receive the report of the May 14, 2003, meeting of the Public Art Committee. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Servian, yes; Martin, yes. Commissioner Servian referred to the minutes of the May 14, 2003, meeting of the Public Art Committee as follows: Discussion was held relative to some editorial changes to the minutes. Commissioner Servian asked if the meetings are audio taped? Mr. Haborak stated yes. BOOK 54 Page 25630 06/02/03 2:30 P.M. BOOK 54 Page 25631 06/02/03 2:30 P.M. Commissioner Servian stated that the minutes can be verified if any questions arise and continued by referring to the following from the minutes of Agenda Item V-C, Call to Artists for Lemon Avenue Plaza from the May 14, 2003, meeting of the Public Art Committee: Discussion was held relative to the action taken by the City Commission on April 14 (sic), 2003 regarding the Lemon Avenue Streetscape project and the directive to staff to retain the fountain Commissioner Servian continued that the issue regarding the Lemon Avenue fountain is of concern; that clarification from Commissioners as to the intent of the action regarding the Lemon Avenue fountain at the April 21, 2003, Regular Commission meeting compared to the Public Art Committee's perception of the action is desired; that the personal desire concerning the Lemon Avenue fountain is to retain a water feature and a place for public seating; that retaining the existing fountain or tile is not a personal requirement; that a water feature and a seating area for people while at the Farmers Market should be provided; that the intent of other Commissioners concerning Agenda Item VI-3 regarding the Lemon Avenue Streetscape Project at the April 21, 2003, Regular Commission meeting is not known. Vice Mayor Martin stated that the Public Art Committee has been placed in a quandary as a call for artists has been announced; that the issue concerning the Lemon Avenue fountain should be placed on the Agenda of the June 19, 2003, joint meeting of the Commission and the Public Art Committee; that further clarification concerning the Lemon Avenue fountain is required. City Manager McNees stated that clarification should be provided at this meeting; that time is of the essencei that the last Commission discussion indicated the present fountain should be retained; that subsequent conversations with Commissioners indicated the interest may be to retain a water feature with some seating; that the Public Art Committee is open to flexibility; that providing the Public Art Committee and City Staff more leeway in the design may provide a better outcome, particularly as the existing Lemon Avenue fountain is not of any artistic significance; that knowing the Commission would provide some leeway as long as a water feature with seating for the Farmers Market is incorporated into the project will be beneficial to Staff; that knowing the Commission's decision as soon as possible is desired. Commissioner Atkins stated that the understanding was the existing Lemon Avenue fountain would remain due to the cost of changing the fountain; that renovating the old train station site for a future tenant will cost the City $200,000 to $300,000; that the existing Lemon Avenue fountain should remain. Commissioner Bilyeu stated that a functional fountain is desired; that a water feature and seating is acceptable; that the costs must be known. Vice Mayor Martin stated that incorporating a water feature or seating into the Lemon Avenue Streetscape Project was not a strong personal requirement, which is the reason for suggesting the issue be added to the Agenda of the June 19, 2003, joint meeting; that a call for artists has been announced; that the possibility of incorporating a water feature or seating into the call for artists for a public art project is not known; that the issue should be discussed further. Mr. Haborak stated that the issue concerning the Lemon Avenue fountain is on the Agenda for the June 17, 2003, Public Art Committee meeting; that additional feedback should be provided to eliminate any confusion. Vice Mayor Martin asked if planning for the Lemon Avenue Streetscape Project can proceed while a decision concerning the Lemon Avenue fountain is delayed? City Manager McNees stated that the planning for the Lemon Avenue Streetscape Project can proceed; that some inconvenience and inefficiency in the design process may be created; that the decision concerning the Lemon Avenue fountain can be delayed for a period if desired. Commissioner Servian stated that sending proper direction to Staff is desired; that retaining the existing Lemon Avenue fountain is not a personal prerequisite; that one feature of the Lemon Avenue fountain which is personally significant is for the elderly to use the Lemon Avenue fountain as a place to sit in the shade and rest during the Farmers Market; that an area for seating should be incorporated into the design; that insisting on retaining the existing Lemon Avenue fountain at the present location is causing a dilemma. BOOK 54 Page 25632 06/02/03 2:30 P.M. BOOK 54 Page 25633 06/02/03 2:30 P.M. Mr. Haborak stated that the Public Art Committee is taking action based on the Commission's last vote to retain the Lemon Avenue fountain; that Staff has provided alternatives for the Lemon Avenue fountain; that confusion concerning the issue still exists. City Manager McNees stated that money must be spent on the Lemon Avenue fountain as the pumping facilities must be changed; that providing flexibility will allow the plans to proceed; that knowing the Commission's direction at this time would be helpful; however, a decision can be delayed until the June 19, 2003, joint meeting if desired; that the intent is to assure Staff is not progressing in one direction while some Commissioners are indicating privately the direction is not as intended. City Auditor and Clerk Robinson stated that the motion at the April 21, 2003, Regular Commission meeting was to retain the existing Lemon Avenue fountain; that the prior motion should be amended or rescinded for the record if changing the direction provided is desired. Vice Mayor Martin stated that the creation of seating in the area is important to Commissioner Servian; that seating is not a part of the present plan; that many elements require clarity or direction; that action concerning the Lemon Avenue fountain should be delayed until the joint meeting between the Commission and the Public Art Committee on June 19, 2003. City Manager McNees stated that Staff will cooperate with any direction provided by the Commission. Vice Mayor Martin stated that the Commission may desire to revisit and address the original motion at a later time; and asked if such desire can be accomplished with an appropriate motion? City Auditor and Clerk Robinson stated that two choices exist; that the motion from the April 21, 2003, Regular Commission meeting can be rescinded and a new motion made or the previously adopted motion can be amended. Commissioner Servian quoted the motion from the minutes of the April 21, 2003, Regular Commission meeting as follows: On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to receive the report and direct Staff to retain the existing fountain for public space and seating. * * * * * * * Mayor Palmer called for a vote on the motion. Motion carried (4 to 1): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, no. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to rescind the April 21, 2003, motion concerning the Lemon Avenue fountain. City Auditor and Clerk Robinson stated that a two-thirds vote, which is also a majority with four Commissioners present, is required as no prior notice was given. Commissioner Servian stated that the motion at the April 21, 2003, Regular Commission meeting is clear; however, as a result of subsequent reading and understanding, the belief is the Commission has tied the hands of the Public Art Committee in issuing a call to artists for a public art project in the public space on Lemon Avenue; that the Lemon Avenue fountain is clearly in disrepair; that the water line, for example, must be moved; that a fresh look should be taken at the Lemon Avenue fountain before the City progresses too far. Commissioner Bilyeu asked if an estimate for the repair work has been developed? City Manager McNees stated that the repair work to the existing Lemon Avenue fountain is estimated at $30,000. Commissioner Bilyeu asked if the scope of the repair work is moving water pipes? City Manager McNees stated that the work involved is primarily plumbing. Commissioner Bilyeu asked if the repair work will destroy some of the tiles and other material? City Manager McNees stated that the entire plaza is being renovated; that material will be torn out. Commissioner Bilyeu stated that material will be torn out even if the direction provided in the motion at the April 21, 2003, Regular Commission meeting is followed. BOOK 54 Page 25634 06/02/03 2:30 P.M. BOOK 54 Page 25635 06/02/03 2:30 P.M. Commissioner Servian stated that retaining the existing Lemon Avenue fountain was the Commission's direction. City Manager McNees stated that is correct. Commissioner Bilyeu stated that $30,000 could pay for a similar fountain; that the funding could be increased to result in a better fountain in the area. Vice Mayor Martin stated that $30,000 is allocated to repair the existing fountain; that the availability of additional funding to develop a different fountain or water feature is not known. Mr. Hallisey stated that $30,000 has been allocated to rehabilitate the fountain with new tile, new interior surface, and new coping which is necessary; that Staff is attempting to issue the bid in approximately a week to assure the proposal schedule is maintained; that the area of the Lemon Avenue fountain could be left out of the bid for consideration at a later time; that the hope is to commence work on the block of Lemon Avenue from Main Street to First Street early in the project as Mattison's City Grill and others prefer the work begin in September 2003 which is a tight schedule; that Staff can wait until the June 19, 2003, joint meeting for direction; that the sense of urgency is due to the tight schedule in completing the work on Lemon Avenue. Vice Mayor Martin stated that seating is not provided in the current plans for the Lemon Avenue Streetscape Project and is an additional issue to address. Mr. Hallisey stated that is correct. Commissioner Servian stated that a call to artists has been issued; that seating could be incorporated in the public art project. Mr. Haborak stated that the process for the public art project has begun; that the Public Art Committee has budgeted $70,000 from the Public Art Fund for the public art project; that the City could work with the artist to include seating in the public art project. Vice Mayor Martin asked if the $70,000 would be a funding source for seating for the public, a water feature, and an art piece? Mr. Haborak said yes. Commissioner Bilyeu asked if the cost of the Lemon Avenue Streetscape Project will be increased if the area of the Lemon Avenue fountain is not included at this time but is added at a later time? Mr. Hallisey stated that the timing on requesting bids is to assure construction phasing consistent with other Downtown projects such as the Sarasota County Area Transit (SCAT) Transfer Facility and to complete the work within the short timeframe available; that the bid for the Lemon Avenue Streetscape Project can be issued and an addendum issued later if direction is obtained at the June 19, 2003, joint meeting, which would not harm the integrity of the process, be just as efficient, and result in the best price. Vice Mayor Martin restated and called for a vote on the motion to rescind the motion to retain the existing Lemon Avenue fountain approved at the April 21, 2003, Regular Commission meeting. Motion carried (3 to 1): Atkins, no; Bilyeu, yes; Servian, yesi Martin, yes. Vice Mayor Martin stated that hearing no objections, an item to discuss the Lemon Avenue fountain will be placed on the Agenda of the June 19, 2003, joint meeting with the Public Art Committee. City Auditor and Clerk Robinson stated that a workshop has been scheduled but not yet noticed; that the meeting will now be noticed as a Special Commission meeting to allow the Commission to take action. 5. REPORT RE: : PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD REGULAR MEETING OF MAY 15, 2003 = RECEIVED REPORT; AUTHORIZED THE ADMINISTRATION TO DRAFT RESOLUTIONS TO NAME THE LINEAR PARK IN THE PARK EAST NEIGHBORHOOD THE TUTTLE WALKWAY AND THE PARK AT EAST AVENUE AND EIGHTH STREET THE SHENANDOAH PARK (AGENDA ITEM III-2) CD 3:03 through 3:05 Maria Price, Chair, Parks, Recreation and Environmental Protection Advisory Board (Parks Board), and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Chair Price presented the following item from the May 15, 2003, meeting of the Parks Board: BOOK 54 Page 25636 06/02/03 2:30 P.M. BOOK 54 Page 25637 06/02/03 2:30 P.M. Establishment of names for the park at East Avenue and Eighth Street and the newly constructed Linear Park Chair Price stated that the President of the Park East Neighborhood Association requested the Parks Board assist in deciding the names of two parks being created in the Park East Neighborhood; that the first park is the newly constructed linear park from Lime Avenue to Tuttle Avenue which links the neighborhood with the Tuttle Elementary School; that the Park East Neighborhood Association recommended two names: Tuttle Walkway and Tuttle Gateway; that the Parks Board voted unanimously to recommend Tuttle Walkway to the Commission as the name for the linear park; that the second park is at the corner of Eighth Street and East Avenue; that the Park East Neighborhood Association recommended two names: Shenandoah Park and Park East Park; that Shenandoah Park is the name of the park on the original plat books; that the Parks Board voted unanimously to recommend Shenandoah Park to the Commission as the name for the park at the corner of Eighth Street and East Avenue. Mr. Mountain stated that Staff's recommendation is to receive the report of the May 15, 2003, meeting of the Parks Board and to authorize the Administration to draft resolutions to name the two parks in accordance with the recommendation of the Parks Board. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to receive the report of the May 15, 2003, meeting of the Parks, Recreation and Environmental Protection Advisory Board and to authorize the Administration to draft resolutions to name the linear park in the Park East Neighborhood the Tuttle Walkway and the park at East Avenue and Eighth Street the Shenandoah Park. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Martin, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 6, AND 7 APPROVED ; ITEM NO. 8 - REMOVED AND WILL BE CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VI-3 (AGENDA ITEM IV-A) CD 3:05 through 3:07 Commissioner Atkins requested that Item No. 8 be removed for clarification. City Auditor and Clerk Robinson stated that Item No. 8 will be considered under Unfinished Business as Agenda Item VI-3 which will be heard later in the afternoon session. 1. Approval Re: Authorize staff to implement additional warrant and criteria to the Traffic Calming Program. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement for Road Improvements between the City of Sarasota, 4 Star Communities and LMRJ for work on U.S. 41 between Whitaker Lane and 12th Street. 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Water Equipment Services, Inc., (Bid #03-33M) for Wastewater Treatment Plant Odor Control Biofiltration System. 4. Approval Re: Proposal to have the First Street Tunnel removed by the owners of the Five Points Tower Project and authorize the City Attorney's Office to prepare a Tunnel Removal and Reimbursement Agreement for approval by the City Commission at a future date. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreements between the City of Sarasota and Sarasota County for the distribution of the 6-Cent per Gallon and the additional 5-Cent per Gallon Local Gas Tax Revenues for the period September 1, 2003 through August 31, 2004. 7. Approval Re: Authorize staff to proceed with 21 Zoning Text Amendments for the 2nd Cycle in 2003. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 4, 6, and 7. Motion carried unanimously (4 to 0) : Atkins, yes; Bilyeu, yes; Servian, yes; Martin, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 03-4455) ADOPTED ; ITEM 2 (ORDINANCE NO. 03-4466) = ADOPTED ; ITEM 3 (ORDINANCE NO. 03-4467) ADOPTED; ITEM 4 (ORDINANCE NO. 03-4470) = ADOPTED (AGENDA ITEM IV-B) CD 3:07 through 3:10 1. Adoption Re: Proposed Ordinance No. 03-4455 to rezone two (2) parcels consisting of +.36 acres owned by the City of Sarasota and located at 1433 and 1451 Fifth BOOK 54 Page 25638 06/02/03 2:30 P.M. BOOK 54 Page 25639 06/02/03 2:30 P.M. Street from the Residential Multiple Family-3 (RMF-3) Zone District to the Governmental Use (G) Zone District; said property being generally located north of Fifth Street, west of North Lemon Avenue, east of Central Avenue and south of Boulevard of the Arts; setting forth findings; setting forth conditions of approval; etc., (Title Only). 2. Adoption Re: Proposed Ordinance No. 03-4466 providing for the designation of the site located at 800 Block of Central Avenue, historically known as the Rosemary Cemetery, as a site of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc., (Title Only). 3. Adoption Re: Proposed Ordinance No. 03-4467 providing for the designation of the district located at 930 Ben Franklin Drive, known as the Gulf Beach Motel Historic District, as a district of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc., (Title Only). 4. Adoption Re: Proposed Ordinance No. 03-4470 to rezone a t.95 acre site from the North Trail (NT) Zone District to the Commercial Residential District (CRD) Zone District to allow a Mixed-Use Project consisting of +23 residential dwelling units and +7,267 Sq. Ft. of retail space with structured parking on real property generally located at the southeast corner of the intersection of North Tamiami Trail (U.S. 41) and 12th Street, a/k/a 1188 North Tamiami Trail, as more particularly described herein; approving Site Plan Application No. 03-SP-08, which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc., (Title Only). City Auditor and Clerk Robinson read proposed Ordinance Nos. 03-4455, 4466, 4467, and 4470 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Vice Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Servian, yes. 8. APPOINTMENT RE: BOARD OF RULES AND APPEALS = REAPPOINTED DAVID PERNA AND STEVEN LEE; APPOINTED SCOTT CRAWFORD 1 MARGIE SUE SMITH, AND BRIAN BEAUCHAMP (AGENDA ITEM IV-B) CD 3:10 through 3:13 Vice Mayor Martin stated that the terms held by David Perna, Steven Lee, and Ralph Hardesty on the Board of Rules and Appeals have expired; that Mr. Hardesty has served two full terms and therefore is not eligible for reappointment; that Mr. Perna and Mr. Lee are eligible and have expressed an interest in reappointment; that vacant seats also exist for a Licensed Engineer, a Licensed Electrical Contractor, and a Licensed Plumbing Contractor for which three applications have been received; that no applications have been received for the vacant seat for a Licensed Mechanical Contractor. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to reappoint David Perna and Steven Lee. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Servian, yes; Martin, yes. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to appoint Scott Crawford to the seat for a Licensed Engineer. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Servian, yesi Martin, yes. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to appoint Margie Sue Smith to the seat for a Licensed Plumbing Contractor. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yesi Martin, yes. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to appoint Brian Beauchamp to the seat for a Licensed Electrical Contractor. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yes; Servian, yes; Martin, yes. Vice Mayor Martin stated that one seat for a Licensed Mechanical Contractor remains vacant; and asked if advertising will continue? City Auditor and Clerk Robinson stated yes. 9. APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO DEVELOP A PARK IMPROVEMENT PLAN BASED ON THE CONCEPT PLAN FOR THE FIRST PHASE OF IMPROVEMENTS TO FREDD ATKINS PARK, NOT TO EXCEED $73,000 = APPROVED (AGENDA ITEM VI-1) CD 3:13 through 3:45 BOOK 54 Page 25640 06/02/03 2:30 P.M. BOOK 54 Page 25641 06/02/03 2:30 P.M. Vice Mayor Martin stated that the Concept Plan for the first phase of improvements to Fredd Atkins Park at a cost not to exceed $73,000 will be presented. William Hallisey, Director of Public Works, and Peter Abbott, Chief, Sarasota Police Department (SPD), came before the Commission. Mr. Hallisey stated that security at Fredd Atkins Park has been a problem for the SPD; that the condition of the park is a concern as a number of amenities were not installed at the time of construction of the park, resulting in maintenance problems for the County which maintains the park; that Public Works and the SPD have been working to resolve some issues; that a plan addressing security, the park's ambience, and ease of maintenance has been developed. Chief Abbott stated that some drug and narcotics dealing was apparently occurring at Fredd Atkins Park at the time he assumed the position of Police Chief; that the SPD made a commitment to the area and the neighborhood with increased enforcement efforts to eradicate the problem; that the foliage and infrastructure at Fredd Atkins Park was reviewed; that a Crime Prevention through Environment Design (CPTED) survey was conducted; that significant effort was directed to returning the park to law abiding citizens; that a significant number of senior citizens use the park to play checkers and socialize; that Fredd Atkins Park is not amenable to children's play due to the proximity to US 301 but could thrive as a neighborhood park with the appropriate attention; that the park has been returned to some degree to law abiding citizens; that the undesirable activity has been eliminated; that the SPD coordinated with Public Works to make a positive impact at the corner of Dr. Martin Luther King, Jr. Way and Washington Court at Fredd Atkins Park sO the SPD could move corner by corner and block by block to help develop the area in the future; that the first step was enforcement, which has been done; that the next step is to develop a user friendly park; that Public Works has developed a Concept Plan to make the park beautiful and more secure; that the Commission included four patrol officers for the Newtown area in the fiscal year (FY) 2002/03 budget; that until the present, the SPD has been understaffed by approximately 11 positions due to retirements, resignations, terminations, etc.; that the SPD is beginning to approach full staffing; therefore, two police officers will be assigned to a walking-beat foot patrol in Newtown beginning June 11, 2003; that the hope is four police officers will be on patrol in Newtown by the end of June 2003; that the SPD has made a commitment to the Newtown area; that patrol officers will assist the Newtown area; that developing amenities in the park will also be of assistance. Mr. Hallisey displayed the Concept Plan for Fredd Atkins Park on the Chamber monitors and stated that the Concept Plan is consistent with the Parks + Connectivity Master Plan and represents a phase of a plan which was developed with community input; that the seating areas will be permanent brick seating; that park patrons sometimes move the portable seating to areas which cannot be readily observed by police officers; therefore, the SPD requested permanent seating; that the SPD also requested a change in the type of seating and picnic tables from wood to a hard surface; that open mesh, vinyl clad picnic tables were utilized in the recent development of Ken Thompson Park and would function well in Fredd Atkins Park; that areas for playing dominos, checkers, etc., will be strategically located to take advantage of as much shade as possible; that a pavilion is not included in the budget at this time; that barbecue grills were requested by the community and will be installed; that a major issue is control of access to the park; that the park originally had grass which is impossible to maintain due to the pedestrian traffic; that walkways will be installed in the park; that a low, 20 to 30 inch high perimeter wall will be installed al round the park; that the perimeter wall will direct patrons to entrances; that patrons will be directed to the walkways sO the lawn can be re-established; that reclaimed water is available along Dr. Martin Luther King, Jr. Way (Dr. MLK Way) and will be utilized in the park to sustain the lawn; that a drinking fountain and bicycle parking area will be installed; that the entrance and the plaque will be refurbished; that a decorative sign will be installed at the entrance. Mr. Hallisey continued that Fredd Atkins Park is included in the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan); that the appropriateness and location of the park have been discussed; that a more urban park similar to Links Park and other parks in the Main Street area may be more appropriate for the commercial area; therefore more hardscape and the perimeter wall are recommended; that additional amenities could be added in the future if desired; that the investment should be made in Fredd Atkins Park, even if the decision is made to move the park in the future; that funding is necessary to maintain Fredd Atkins Park; that the timing for the upgrades is appropriate; that coupled with the SPD's entorcement efforts, the BOOK 54 Page 25642 06/02/03 2:30 P.M. BOOK 54 Page 25643 06/02/03 2:30 P.M. upgrades will make a significant difference in the area; that Staff recommends authorizing the Administration to move forward with the Concept Plan for Fredd Atkins Park; that the Concept Plan was developed by David Johnston and Associates; that Public Works will manage the project to maximize the available funding; that some work will be subcontracted; that Public Works will perform some work to reduce the overhead costs. Commissioner Atkins referred to a June 2, 2003, article in the Sarasota Herald-Tribune questioning the allocation of funding and asked the disposition of the $330,000 targeted to develop the park? Mr. Hallisey stated that the Capital Improvement Program (CIP) identifies an item to renovate Fredd Atkins Park; that additionally, a companion item is to renovate the Newtown Recreation Center; that approximately two years ago, application was made for a Federal Urban Parks and Recovery Grant; that the proposal was not funded but was well received; that receiving Federal funds for the balance of the $250,000 necessary to fully develop Fredd Atkins Park beyond the $73,000 of the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, was anticipated; that unfortunately, the Federal Urban Parks and Recovery Grant is not funded nor is funding anticipated in the near future; that no other grant funds are currently available; that efforts will continue to identify additional grant funds; that $73,000 is currently available from the City's L.O.S.T. extension funds. Commissioner Atkins stated that community residents are concerned about the lack of involvement in the redevelopment plans for the park; that several individuals had previously made inquiries; however, no plans had been personally seen which is not good, especially as some community residents have a concept of his personal ownership of the park; that the Concept Plan was apparently developed without involvement of interested persons in the area, which has created a problem; that other concerns are the future of redevelopment in the area and the redefinition of the Gateway to the Newtown area; that a question is if $73,000 should be invested in a park which will be redeveloped in the future in the event of a consolidation of land in the area; that some individuals have expressed interest in land in the vicinity of the park; that the absence of a Master Plan results in appeasing people with $73,000; however, the resulting amenities are not anyone's desired outcome; that Fredd Atkins Park does not look good now but is one of the most used pocket parks in the City; that a Master Plan should be developed; that the main problem is the lack of facilities in the park; that the proposed Concept Plan will not alleviate the problem of a lack of facilities; that a number of questions remain unanswered; that the current presentation is the first personal opportunity to view the Concept Plan; that individuals in the community have questions about the park. Commissioner Servian stated that the first issue is the possibility of redevelopment; that some plans include redevelopment of the entire corner at Fredd Atkins Park; that a project involving a grocery store has been discussed; that the location of a major Gateway into the Newtown area is not identified; that the concern of Commissioner Atkins regarding the investment of $73,000 in a project in an area which will be redeveloped in the near future is shared; that something must be done; that the park is not attractive but is used extensively; and asked if the park has established hours of operation? Mr. Hallisey stated that park hours could be established. Commissioner Servian stated that the requirement for park hours is not known; however, some activity in the park causes the SPD concern; that established hours of operation may be of assistance. Chief Abbott stated that the park has some serious problems; that Fredd Atkins Park is the Gateway to the Newtown community for traffic from the north heading southbound on US 301; that an entrance to a community should be attractive; that people should be attracted to investing in the area; that the undesirable and unlawful activities made the park unattractive; that the goal is to make the entire Dr. MLK Way corridor attractive as an incentive to investment and to demonstrate the area is safe; that conceptual discussions concerning lighting, pathways, anchoring the tables, etc., have occurred; that other individuals could be included in the discussions; that the question is if the Commission wishes to proceed with developing some amenities rather than the location of the amenities. City Manager McNees stated that the Newtown Plan is the Master Plan for the community and includes the development of Fredd Atkins Park; that the location is a good site for a City-owned, urban greenspace similar to Links Park even if a larger park is developed in Newtown community in the future; that everyone may not have participated in the development of the Concept Plan; BOOK 54 Page 25644 06/02/03 2:30 P.M. BOOK 54 Page 25645 06/02/03 2:30 P.M. however, some community residents did participate in the development of the Concept Plan; that a discussion was held with a retired City employee who regularly plays checkers in the park and was concerned about the possible change; that the expressed original concern was to assure the availability of parking; that some patrons of Fredd Atkins Park have been involved in discussions concerning the development of the park; that the proposed investment in Fredd Atkins Park is important at this time in Newtown; that the Newtown Plan was adopted after significant study; that a visible example of the City's commitment to the redevelopment and revitalization of Newtown is important; that Fredd Atkins Park can be a part of the City's visible commitment to Newtown and serve as a tangible sign of the importance of the Newtown Plan; that the City would not tolerate the existing condition and appearance of Fredd Atkins Park in any other park in the City; that the funds are budgeted; that the Administration believes the patrons of Fredd Atkins Park deserve just as nice a park as patrons of other parks in the City; that the SPD is being pro-active; that developing the proposed amenities will be good for the area. Commissioner Servian asked if the permanent seating will be benches with rails between the seats? Mr. Hallisey stated that most seating will be short seating which will not be conducive to sleeping; that rails between bench seats is a criteria incorporated in the City's standards for park benches. Mr. Hallisey displayed a graphic of a design developed two years ago for Fredd Atkins Park on the Chamber monitors; and stated that the Concept Plan is almost the same as the graphic developed over two years ago with significant community input; that two weekend meetings were held with patrons and members of the community at Fredd Atkins Park with SPD's participation; that the main feature not included in the Concept Plan design is the gazebo; however, the gazebo could be added at a future time; that the community was interested in a larger park; that acquiring property to the south of the park for expansion and inclusion of additional amenities was discussed; that the Concept Plan is almost identical to the plans discussed with the community in the past; that the recommendations could be down scaled; however, the investment is intended to upgrade the look and feel of the park. Commissioner Servian stated that dominos cannot be played on the open mesh, vinyl clad picnic tables suggested by Staff as the dominos fall through the open mesh; that the County is issuing grants of up to $12,000 per neighborhood; that the neighborhood may be able to apply for a $12,000 grant to augment the funding currently available; that the County's next grant cycle is July 2003. Commissioner Bilyeu stated that funds should not be invested in amenities which will be removed later; that any plans for redevelopment which would possibly affect the park should be identified; that for example, the landscaping installed at the City Hall parking lot will be torn out for development of the Sarasota County Area Transit (SCAT) Transfer Facility; that the funds could have been saved; that installing the landscaping was a waste of funds; however, the need to develop nice amenities at Fredd Atkins Park is understood; that the Concept Plan is pleasing and is supported; that spending less while still meeting the community's needs would also be supported. Commissioner Atkins stated that a discussion of the history of the process was important; that no investors plan on imminently developing a major section of the area to his knowledge; that no plans currently exist to move the park across the street or across town; that the graphic of the plan for the park from two years ago has more of the vision expected by the community; that if expectations are created, the community must be made aware of any changes to the parameters; that the tables should have a solid top sO dominos can be played; that some tables should have checkerboards; that benches will be around the tables and therefore will not be long enough for sleeping; that Fredd Atkins Park is one of the most vacant parks after 7 to 8 p.m.i that a curfew time of not before 6 a.m. is imposed on use of the park; that no problem of people in the park late at night has been seen for a long time; that the paths developed should be based on existing pedestrian traffic patterns; that no one has pulled out grassi that the grass was worn by pedestrian traffic; that a shortcut will be created through shrubbery which is not in front of a fence; therefore, installing the shrubbery in the suggested locations would be a waste of moneyi and asked the definition of a seat wall? Mr. Hallisey stated that a seat wall is approximately knee high; that park patrons could sit on the seat wall and be comfortable; that the seat wall will define the entryways but is low sO police officers can see into the park. BOOK 54 Page 25646 06/02/03 2:30 P.M. BOOK 54 Page 25647 06/02/03 2:30 P.M. Chief Abbott stated that people will tend to enter at a predefined pedestrian entryway which will help assure the foliage is not destroyed. Commissioner Atkins asked if the northwest corner of the park will be closed in and people will be forced to enter from the other side. Mr. Hallisey stated yes; that the western perimeter will have a regular fence with shrubbery; that people will be able to sit on the seat wall on the northern perimeter and face the sidewalk without being in the park. Commissioner Atkins stated that an entryway should be created further west on the northern perimeter as most park patrons enter from the west at the present time; that park patrons entering from the west should not be required to go to mid property along the northern perimeter to enter the park. Mr. Hallisey stated that the presentation was to determine if the Commission wishes Staff to proceed and use funds from the L.0.S.T. extension; that if sO, the Concept Plan can be presented in meetings to community residents on a Saturday morning; that the issues raised can be addressed; that the Concept Plan can be updated to assure consistency with the desires of the Newtown Community residents and to explain the reasons for not proceeding with the original plans which envisioned a larger parking area, etc.; that a mini-charrette could be conducted by Staff. Vice Mayor Martin asked if a port-o-let will be installed in the park? Mr. Hallisey stated yes. Vice Mayor Martin asked if the County maintains Fredd Atkins Park? Mr. Hallisey stated yes. Vice Mayor Martin asked if the County is aware of the proposal for new barbecue grills? Mr. Hallisey stated yes. Vice Mayor Martin asked the timeline for completion if Commission approval is granted? Mr. Hallisey stated that 60 to 90 days will be required once the Concept Plan is completed and approved by the Commission; that the primary lead time is obtaining the outdoor furniture. Vice Mayor Martin asked the dimension along Dr. MLK Way? Mr. Hallisey stated that the length is approximately 1:50 feet. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to authorize the Administration to develop a park improvement plan based on the Concept Plan for the first phase of improvements to Fredd Atkins Park based on the current discussion and the input from neighborhood meetings in an amount not to exceed $73,000. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Martin, yes. 10. APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIFTH AMENDMENT TO THE PURCHASE AND SALE AGREEMENT THAT WAS ENTERED INTO BETWEEN THE CITY OF SARASOTA AND RONALD D. RIVERS AND CHARLES E. RIVERS ON JUNE 4, 2002 - APPROVED (AGENDA ITEM VI-2) CD 3:45 through 4:08 Timothy Litchet, Director of Building, Zoning and Code Enforcement, Dan Solaz, managing member of T.A.D. Development, LLC (TAD), and Craig P. Colburn Jr., Land Use Consultant, Norton, Hammersley, Lopez & Skokos, P.A., came before the Commission. Mr. Litchet stated that approval of a proposed Fifth Amendment to the Purchase and Sale Agreement for the City-owned property at the northwest corner of Fruitville Road and Cocoanut Avenue is being requested; that new developers are purchasing the property; that the project is a 15-unit townhouse development; that the City entered into the Purchase and Sale Agreement as a result of a Request for Proposal (RFP) process; that the City desired townhouses at the location; that the new owners are requesting two changes; that the first change requested is the City allow a provision giving the lender, AmSouth Bank, the right to cure any default by the contractor prior to the City's exercising reverter rights; that the City has reverter rights if the process fails; that the present situation is similar to the Vengroff property project at 650 Central Avenue; that most lenders desire the opportunity to cure a default prior to the exercise of an automatic reverter; that the second change requested is to extend the completion date for the project to June 2, 2005; that requesting an extension is reasonable as TAD has been diligent; that the desired result is a successful project; that the original owners, the Rivers brother, were not experienced in the development field; that the present owners understand the marketing process to accomplish the project; that Staff BOOK 54 Page 25648 06/02/03 2:30 P.M. BOOK 54 Page 25649 06/02/03 2:30 P.M. recommends the Commission approve the Fifth Amendment to the Purchase and Sale Agreement. Mr. Colburn stated that the first requested change is associated with financing giving AmSouth Bank notice and an opportunity to cure any default which would trigger the City's reverter rights on the property. Mr. Colburn referred to a drawing of the proposed project for the property displayed on the Chamber monitors and stated that the overall project consists of approximately five lots; that two of the lots were purchased from the Cityi that the second requested change is a change in the effective date for the reverter right from December 15, 2003, to June 2005 depending upon the date of agreement; that significant information has been submitted concerning the project; that TAD entered into a contract with the Rivers brothers on April 25, 2003; that the problems associated with TAD's predecessors remain; however, the City should not hold those problems against TAD while considering and evaluating TAD' S requests; that TAD's closing on the property was conditioned on obtaining a Southwest Florida Water Management District (SWFWMD) permit on behalf of the Rivers brothers; that the Rivers brothers labored for over one year and were unable to obtain the SWFWMD permit; however, TAD was able to obtain the SWFWMD permit in 30 days; that the building permit was issued by the City to the Rivers brothers on June 14, 2002, negating one of the triggering events for right of reverter. Mr. Colburn referred to a project schedule displayed on the Chamber monitors indicating development plans for the project; and stated that the plan is ambitious but not unrealistic; that transfer of the SWFWMD permit to TAD occurred on September 23, 2002; that construction commenced in October 2002; that TAD has invested over $700,000 in stormwater system installations, infrastructure, and construction of the townhouses while simultaneously preparing, submitting, and obtaining approval of condominium documents from the Florida Department of Business and Protessional Regulation; that the completion date of the project has been extended to June 2005; that the goal was to have approval within 60 to 90 days of closing; however, approval was not obtained until November 7, 2002; that completing all the required pre-sales was a condition precedent to the construction loan; that the anticipation was pre-sales would be completed by January 1, 2003; that the market has been slower than expected; that nine units are under contract; that the requirement for one pre-sale remains; that the construction schedule was anticipated at 15 months which would have the project completed within 18 months of the building permit date of June 14, 2002; that two items have slowed the schedule; that one item is the matter of pre-sale; that the second item is AmSouth Bank's request for notice and the opportunity to cure; that negotiating with AmSouth Bank to amend the agreement was attempted; that during the first quarter of the year 2003, a problem concerning the construction schedule was realized; that meeting the City's deadline for the reverter was not possible. Mr. Colburn referred to a project schedule displayed on the Chamber monitors indicating target dates; and stated that obtaining a fully-executed amendment to the Purchase and Sale Agreement and obtaining the final pre-sale are the initial tasks; that the final pre-sale can hopefully be accomplished in 30 to 90 days; that the construction loan will be closed within 30 days of the final pre-sale; that the general contractor will be re- engaged; that marshalling back the subcontractors will require 45 to 90 days from the loan closing; that the indicated dates are critical dates; that the schedule is a conservative, realistic 20-month schedule; that assuming a conservative posture recognizes delays may be created; that a Certificate of Occupancy will hopefully be obtained by January 2005; that the project is a good investment of the City's time; that the development should be allowed to continue by executing the Amendment to the Purchase and Sale Agreement; that considering the alternative to approving the proposed Amendment is discouraged considering TAD's investment in the project; that TAD has expended every effort to assure realization of the project; that the project was delayed at the time TAD took the project over from the Rivers brothers; that 15 homes of substantial value will become a reality; that a gateway project on the north side of Fruitville Road is an asset to the Cityi that the project's success will encourage other similar projects to locate in the area. Mr. Colburn thanked Mr. Litchet, City Manager McNees, and Michael Connolly, Attorney, City Attorney's Office, for assistance in documenting TAD's requests for submission to the City. Commissioner Servian stated that TAD's project plan indicates a loan commitment was received in December 2002. Mr. Solaz said that is correct. Commissioner Servian asked if the commitment is conditional on having the reverter clause removed? Mr. Solaz said this is correct. BOOK 54 Page 25650 06/02/03 2:30 P.M. BOOK 54 Page 25651 06/02/03 2:30 P.M. Commissioner Servian asked the reason for the length of time to request an amendment to the Purchase and Sale Agreement? Mr. Solaz stated that TAD negotiated with AmSouth Bank due to the Commission's understood concern regarding the project; that the minutes of the meeting during which approval of the Fourth Amendment to the Purchase and Sale Agreement was requested clearly indicated the Commission did not want to hear anything further concerning the project; that 8 of 10 units were previously sold; that if a ninth sale occurred, negotiations with AmSouth Bank could move forward, eliminating the deficits in the schedule and thereby not being required to return to the City for further approvals; that TAD determined the deadline could not be met after the first quarter of the year 2003, necessitating a return to the City. Commissioner Servian asked the date of the last pre-sale? Mr. Solaz stated that the last pre-sale was between April 15 and April 30, 2003. Commissioner Servian asked the date of the last pre-sale prior to the April pre-sale? Mr. Solaz stated that the last pre-sale prior to the April 2003 presale occurred in January or February 2003. Commissioner Servian stated that the sales occur approximately every three or four months. Mr. Solaz stated that the housing market has slowed; that a primary problem with pre-sales is buyers are concerned with completion dates; that TAD was unable to tell potential buyers the time construction would recommence; that TAD is hesitant to tie up buyers' deposit money without knowing the future of the project. Commissioner Servian asked if any contracts have been lost as a result of the delay? Mr. Solaz stated yes; that the situation has been difficult. Vice Mayor Martin asked if buyers can back out of pre-sale contracts? Mr. Solaz stated yes; that the process expresses an interest of intent to purchase; that a contract contains a standard rescission period; that in the present market, AmSouth offers no contingency contracts eliminating a large portion of the population; that the contracts are not subject to financing; that a person writing a check for $80,000 representing approximately 20 percent of the price must carefully consider the purchase; that the situation has been difficult; that much interest exists in the project; that a niche being served is a potential buyer desiring to live Downtown in a unit with two parking spaces and a walkup to the first floor of living area and the possibility of installing an elevator; that a commitment typically does not take six months to obtain; that the valuation of the units was difficult as few townhouses exist in the Downtown for comparison. Vice Mayor Martin asked if current pre-sales are past the date of rescission and if no more pre-sales will be lost? Mr. Solaz stated that no more pre-sales will be lost; that buyers are concerned with the completion date of the units; that TAD is attempting to lock in completion dates for potential purchasers. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to approve the Fifth Amendment to the Purchase and Sale Agreement. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Servian, yes; Martin, yes. Commissioner Servian stated that the Commission should be kept apprised of the progress of the project on a quarterly basis to avoid a Sixth Amendment. Vice Mayor Martin stated that requiring two years to complete the project is not pleasing; however, requiring the leeway is understood; that a completion prior to TAD's schedule is anticipated. Mr. Solaz stated that four months' worth of construction has been completed on the project; that an immediate start is anticipated; that a large problem is the mobilization of the general contractor. Vice Mayor Martin stated that the project is very promising; that going forward with the project is pleasing; that TAD's experience is appreciated. BOOK 54 Page 25652 06/02/03 2:30 P.M. BOOK 54 Page 25653 06/02/03 2:30 P.M. 11. UNFINISHED BUSINESS : APPROVAL RE : TAMIAMI TRAIL SCENIC HIGHWAY CORRIDOR MANAGEMENT PLAN = APPROVED (AGENDA ITEM VI-3) CD 4:05 through 4:08 City Auditor and Clerk Robinson stated that Commissloner Atkins pulled Consent Agenda No. 1, Item No. 8, for clarification; that the item concerns the Tamiami Trail Scenic Highway Corridor Management Plan (Plan). Commissioner Atkins asked if a vote approving the Plan means approval of the concept of the Sarasota/Manatee Metropolitan Planning Organization (MPO) and the State of a scenic highway designation for US 41 rather than approval of the reported specific designs for US 41 as a scenic highway? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that is correct; that the Commission is requested to approve the Plan; that the corridor is from the north Manatee County line to the south Sarasota County line; that the portion concerning the City of Sarasota indicates any improvements will be in accordance with the City of Sarasota Downtown Master Plan 2020 and the Parks + Connectivity Master Plan, which is the only commitment of approval; that approval of the Plan provides an opportunity to receive potential grants to assist with facility development. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to approve the Tamiami Trail Scenic Highway Corridor Management Plan and direct Staff to communicate approval to the Corridor Advocacy Group. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Servian, yes; Martin, yes. 12. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 4:08 There was no one signed up to speak. The Commission recessed at 4:08 p.m. and reconvened at 6:00 p.m. 13. PRESENTATION RE : EMPLOYEE OF THE MONTH FOR MAY 2003, KIRK BENSON, OPERATIONS ASSOCIATE, VAN WEZEL PERFORMING ARTS HALL (AGENDA ITEM VIII-1) CD 5:59 through 6:03 Vice Mayor Martin requested that John Wilkes, Executive Director, Loreda Williams, Manager, and Kirk Benson, Operations Associate, Van Wezel Performing Arts Hall (VWPAH), and Employee of the Month for May 2003, join him and the Commission at the Commission table. Vice Mayor Martin stated that recognizing a VWPAH employee as Employee of the Month is a pleasure; that congratulations are extended to Mr. Benson. Mr. Wilkes stated that the presentation for Employee of the Month is exciting; that Mr. Benson has been quietly working behind the scenes at the VWPAH for three seasons; that Mr. Benson is the VWPAH in-house computer expert and has designed systems for mail order processing, the workroom, workstations, telephone system, computer software and the filing system; that Mr. Benson will oversee the new box office system which will receive $7 million in sales; that Mr. Benson is a wonderful person; that presenting the Employee of the Month award is a great honor. Ms. Williams stated that presenting Mr. Benson with the Employee of the Month award is an honor; that working with Mr. Benson is a pleasure; that the recognition is deserved; that Mr. Benson looks forward to challenges which are continually provided and are conquered; that everyone is aware of Mr. Benson's efforts which have simplified the process for the more than 10,000 mail orders which come to the VWPAH during a four-week period; that Mr. Benson listens to people, attempts to make jobs more efficient, easier and more enjoyable, is patient, kind and dedicated, has a remarkable sense of humor, and always finds a way to get the job done no matter how challenging or difficult; that Mr. Benson is considered a Manager's model employee; that having Mr. Benson on the VWPAH team is a pleasure. Vice Mayor Martin stated that Mr. Benson's service to the City is commended; that he is exemplary as an Employee of the Month; presented Mr. Benson with a City-logo watch, a plaque, and a certificate as the May 2003 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Benson stated that the honor is appreciated; that working with Ms. Williams and Mr. Wilkes is a true pleasure; that the VWPAH team is excellent; that a number of challenges have been BOOK 54 Page 25654 06/02/03 2:30 P.M. BOOK 54 Page 25655 06/02/03 2:30 P.M. presented over the last three years; that the VWPAH team has made a significant amount of accomplishments. City Manager McNees stated that Mr. Benson recently converted the box office computers to a new software and credit card processing system; that downtime was less than one-half day for completion which is amazing; that he visited the VWPAH at approximately noon time to notify Mr. Benson of the Employee of the Month award; that upon arriving back in his office a thank you letter from Mr. Benson to the Committee selecting him as Employee of the Month was on his desk; that such an action is indicative of Mr. Benson's integrity; that the efforts Mr. Benson brings to the City are appreciated. 14. PRESENTATION RE: MAYOR'S CITATION TO THE SARASOTA MILITARY ACADEMY IN RECOGNITION OF RECEIVING THE FIVE STAR AWARD FROM THE STATE DEPARTMENT OF EDUCATION (AGENDA ITEM VIII-2) CD 6:04 through 6:06 Vice Mayor Martin requested that Jann Vasiloff, Chair, Five Star Committee, Theresa Robinson, Member, Five Star Committee, and Adrian Tilston, President, Parent Teacher Cadet Council, Sarasota Military Academy, join him and the Commission at the Commission table; read in its entirety the Mayor's Citation to the Sarasota Military Academy in recognition of receiving the Five Star Award from the State Department of Education for achieving excellence in the categories of business partners, volunteers, family support, student service, and school advisory council; and stated that congratulations are extended to the Sarasota Military Academy. Ms. Vasiloff stated that the Five Star Program is a true collaborative effort; that the Five Star Committee is comprised of five individuals; that Daniel Kennedy is the Head Master of the Sarasota Military Academy which is the reason for the Sarasota Military Academy's success; that success is also primarily due to parents of the students; that the Five Star Program is totally dependent upon parent volunteers; that students also have an active role; that parental support at the Sarasota Military Academy is tremendous; that the Sarasota Military Academy is a charter school; that parents choose to volunteer; that Mr. Kennedy extends apologies for not being present at this time due to a prior commitment; that the efforts of everyone involved in the Five Star Program and the Five Star Committee are appreciated; that the honor is appreciated. Vice Mayor Martin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4460, TO CONDITIONALLY VACATE THAT CERTAIN APPROXIMATELY 20 FOOT WIDE ALLEY THAT RUNS APPROXIMATELY 100 FEET IN LENGTH FROM NORTH TO SOUTH FROM FIRST STREET CONNECTING TO THAT CERTAIN 20 FOOT WIDE ALLEY THAT RUNS EAST TO WEST THROUGH THE CENTER OF BLOCK 8, PLAT OF SARASOTA, AS WELL AS TO CONDITIONALLY VACATE THE NORTHERLY 10 FEET OF THAT CERTAIN 20 FOOT WIDE ALLEY THAT RUNS EAST TO WEST LOCATED TO THE NORTH OF LOTS 8 AND 10, BLOCK 8, PLAT OF SARASOTA PLUS THE ENTIRE 20 FOOT WIDTH OF SAID EAST TO WEST ALLEY WHERE IT ADJOINS THE EASTERLY 9.15 FEET OF LOT 6, BLOCK 8, PLAT OF SARASOTA, ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 03-SV-02, APPLICANT BRUCE E. FRANKLIN PRESIDENT, LAND RESOURCE STRATEGIES, INC. AS AGENT REPRESENTING HEL-MAR SARASOTA INVESTORS, LLC, OWNERS) - PASSED ON FIRST READING (AGENDA ITEM X-A-1) AND NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 03-4465, AMENDING THE SARASOTA CITY CODE CHAPTER 33, TRAFFIC AND MOTOR VEHICLES, ARTICLE VII, SCHEDULES, SECTION 33-249, SCHEDULE II: ONE-WAY STREETS AND ALLEYS BY CHANGING THE DIRECTION OF TRAFFIC FLOW FOR THE ALLEY BETWEEN MAIN STREET AND FIRST STREET FROM FIRST STREET TO LEMON AVENUE; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (APPLICANT BRUCE E. FRANKLIN, BOOK 54 Page 25656 06/02/03 2:30 P.M. BOOK 54 Page 25657 06/02/03 2:30 P.M. PRESIDENT, / LAND RESOURCE STRATEGIES, INC. / AS AGENT REPRESENTING HEL-MAR SARASOTA INVESTORS / LLC, OWNERS) PASSED ON FIRST READING (AGENDA ITEM X-A-2) CD 6:06 through 6:37 City Attorney Taylor stated that proposed Ordinance Nos. 03-4460 and 03-4465 both relate to the Five Points Project which is called the Plaza at Five Points and can be heard at one public hearing. Vice Mayor Martin stated that hearing no objections, proposed Ordinance Nos. 03-4460 and 03-4465 will be heard simultaneously; opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., as agent for Hel-Mar Sarasota Investors, LLC, owners of subject property, Javier Suarez, AIA, the ADP Group, Charles Bailey, Attorney, law firm of Williams, Parker, Harrison, Dietz & Getzen, and Andy Dorr, Project Manager, Plaza at Five Points, came before the Commission. Attorney Bailey stated that Hel-Mar Sarasota Investors, LLC, recently changed its name to Five Points Sarasota Investors to better identify the project; that two matters are before the Commission at this time; that Street Vacation Application No. 03-SV-02 as incorporated in proposed Ordinance No. 03-4460 is to conditionally vacate a north-south alley from First Street located between Central and Lemon Avenues and a portion of an east-west alley located midway between First and Main Streets in the block between Central and Lemon Avenues for the Five Points Project; that proposed Ordinance No. 03-4465 is to amend Section 33-249, Sarasota City Code (1986 as amended) (City Code), to change the direction of traffic flow for the alley which bisects the Five Points Project site. Mr. Franklin stated that each Tuesday a coordination meeting regarding the Five Points Project is held which is chaired by the Deputy City Manager and includes representatives from the Whole Foods Market Centre Project, the proposed Sarasota County Area Transit (SCAT) Transfer Facility, and City Staff working on the Lemon Avenue Streetscape Project; that the Five Points Project is being examined comprehensively in terms of staging, coordination, utility controls, etc. Mr. Franklin referred to a graphic exhibit of the Five Points Project from Central to Lemon Avenues displayed on the Chamber monitors throughout the presentation; and continued that the owners of the subject property submitted Street Vacation Application No. 03-SV-02 to close and vacate a certain area of public right-of-way consisting of an approximately 20 foot wide alley which runs approximately 100 feet in length from north to south from First Street connecting to the alley which runs east to west through the center of Block 8, Plat of Sarasota as well as the northerly 10 feet of the alley which runs east to west located to the north of lots 8 and 10; that proposed Ordinance No. 03-4460 contains right-of-way, access and utility easement conditions precedent to second reading; that second reading will be scheduled simultaneously with approvals of both a Major Encroachment and Tunnel Relocation Agreement. Mr. Franklin further stated that Street Vacation Application No. 03-SV-02 is in conjunction with a proposed 16 story, mixed-use building including commercial, residential and structured parking which will be constructed east of Central Avenue between Main and First Streets; that a pedestrian entry will exist along Central Avenue into a gallery and access up the building tower to three levels of office units above parking; that 50 residential condominium units will be above the office units; that the elevator core for the office and residential units will be segregated to ensure security and privacy; that a commercial arcade is included which will be built out to the property line; that another commercial covered arcade will extend to the property line at First Street; that the commercial arcade is a major architectural portion of the building. Mr. Franklin stated further that Fifth Third Bank will be locating the bank's regional headquarters in the building and will take approximately 30,000 square feet; that Fifth Third Bank will have a retail presence on the first floor and corporate offices in the office unit levels; that vehicular access to the property is strictly off First Street; that a motor court will allow for dropping off people at the building; that valet parking will be offered as an alternative; that the motor court is meant as a formal and graceful entrance; that the motor court is covered and has been designed to provide a first rate feeling upon entering the building; that water features and lighting utilizing high caliber materials are included; that the goal is to provide a feeling of being in a sophisticated building in a major urban Cityi that both pedestrian and vehicular access is being integrated in the motor court; that BOOK 54 Page 25658 06/02/03 2:30 P.M. BOOK 54 Page 25659 06/02/03 2:30 P.M. people can also be dropped off by utilizing the ramp up to the parking level which comes up above the motor court; that five parking levels exist. Mr. Franklin stated that the Community Redevelopment Agency (CRA) will be reviewing an upgrade of Central Avenue through Tax Increment Financing (TIF) District participation; that connecting the building with Five Points Park rather than rebuilding Central Avenue with striped parking and asphalt curbs is the desire; that a continuous promenade to Five Points Park including brick pavers and lighting bollards which mark parking areas rather than constructing curbs is planned; that fountains, sculptures, brick pavers, seating and lighting will upgrade the area; that the project is exciting; that the CRA will also be reviewing an upgrade of the alley; that a preliminary inventory of existing conditions regarding the alley has been conducted; that the conditions in the alley are not good; that improving the alley is in the public benefit - since a significant amount of pedestrian connection to area businesses exists along the alley. Mr. Franklin continued that management of the construction of the Five Points Project includes communicating with local businesses and Staff to ensure access to all area businesses is maintained; that the construction will be disruptive; that Kraft Construction Company, Inc., will have a construction laborer and superintendent available by cellular telephone to address any traffic inconveniences to area business owners which may arise; that Mr. Dorr, the Project Manager, has an office serving as a sales center and development office which is adjacent to the Five Points Project site; that having an office close to the project site will facilitate resolving any construction issues which arise. Mr. Franklin further stated that proposed Ordinance No. 03-4465 is to change the direction of traffic flow for the alley which bisects the Five Points Project site; that the alley travels one way easterly; that the proposal is to change the direction of traffic flow to one way westerly which includes only the segment from Lemon Avenue to First Street; that the proposed building will rise over the alley; that a height of 14 feet over the alley will be maintained which will allow clearance for emergency vehicles. Mr. Franklin referred to architectural renderings of the proposed building displayed on the Chamber monitors indicating a formal pedestrian entrance on the Central Avenue facade; that a Major Encroachment Agreement has been drafted for presentation at the time of second reading of the proposed Ordinances; that the Major Encroachment Agreement will provide for the pile caps on the building footers below grade, awnings, and small balconies which extend over the right-of-way. Attorney Bailey stated that utilities will be placed underground in the alley and will be maintained essentially in the eastern and western area which is being vacated; that easements are being granted to the City and to private utilities companies to relocate existing utilities. Mr. Dorr stated that coordinating with Florida Power and Light (FPL) to underground the utilities along the alley is an important part of upgrading the alley; that costs incurred after installation of utilities are nominal. Mr. Suarez stated that one of the reasons triggering the request for the relocation of the alley was to allow for a 14 foot clearance for emergency vehicles; that displacing the alley slightly to the west will allow for construction of a ramp to the parking levels of the building. Attorney Bailey stated that the excellent contribution by City Staff on the project deserves recognition; that the project is complicated and requires considerable coordination and coordination meetings; that Planning Staff, the Deputy City Manager and the City Attorney's Office have taken leadership roles in the project; that the City Attorney's Office has been involved in the preparation of six or seven complicated documents which must remain consistent; that the hard work extended by everyone involved is appreciated. Commissioner Servian asked if the 14 foot Clearance over the alley is sufficient for the largest fire department vehicles? Mr. Suarez stated yes; that 14 feet is the required height for both emergency services and waste management vehicles. Vice Mayor Martin requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning Department, came before the Commission, referred to site plans and architectural renderings of the Five Points Project displayed on the Chamber monitors throughout the presentation; and stated that every City BOOK 54 Page 25660 06/02/03 2:30 P.M. BOOK 54 Page 25661 06/02/03 2:30 P.M. Department has performed an enormous amount of work on the Five Points Project; that the Five Points Project is nearing the building permitting stage; that the SCAT Transfer Station has been relocated to the area next to the Selby Public Library; that a significant amount of construction activity will be taking place in the vicinity; that surrounding projects in addition to the Five Points Project will be the Whole Foods Centre, the SCAT Transier Facility and the Lemon Avenue Streetscaping. Ms. Murphy continued that the property received previous approval in 1999 for a 14 story, Class A, 197,750 square foot office building and approval of a Major Conditional Use for an accessory drive-through bank; that the request before the Commission at this time and the approved Site Plan would take the place of previous approvals for the site; that the Planning Board/Local Planning Agency (PBLP) at its April 9, 2003, meeting, voted unanimously 4 to 0 with one abstention due to a conflict of interest to find Site Plan Application No. 03-SP-10 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the standards for review in the Zoning Code (2002 Ed.); that the zoning lot is presently vacant and is the location of the former Southeast Bank building and Merlin's Restaurant; that an aerial view of the zoning lot indicates the entire area in which development activity will occur; that the property is 1.07 acres and is in the Commercial Central Business District (C-CBD) Zone District and does not require a rezoning; that the proposed project is comprised of a 16 story, mixed-use building including 18,180 square feet of retail space, 92,319 square feet of office space, 50 condominium units and 406 structured parking spaces. Ms. Murphy further stated that the request for the street vacation includes the northern half of the east-west alley which abuts the subject property; that this portion of the street vacation request would allow for an overhang for the parking garage and circulation aisles; that the street vacation request is for the north-south section of the existing alley which bisects the subject property; that the request is necessary to provide for the ground level auto court which incorporates access and circulation for the existing alley. Ms. Murphy stated further that the project meets the requirements regarding relocation of necessary utilities; that FPL is working with the City towards a master plan of the Downtown to underground a large portion of the utilities which is exciting; that plans for development in the Downtown have changed since the previous development approval; that the site plan previously approved in 1999 included a drive-through banking facility on First Street; that First Street is now designated as an "A" Street; that an amazing pedestrian experience along First Street is incorporated in the new site plan. Ms. Murphy stated that the Applicant is providing a new 20 foot wide access way and utility easement to the west of the north- south vacated area; that the easement dedication to the City will ensure the utility and access functions of the existing alley are maintained; that the alley between Main and First Streets from Lemon to Orange Avenues currently runs east; that the request is contingent upon approval of proposed Ordinance No. 03-4465 which would change the directional flow of the alley from east to west; that the alley will remain functional as a working alley. Ms. Murphy continued that the project addressed the requirement for human scale pedestrian integration by providing ground level image retail under both a streetscaped pedestrian arcade and canopies on Central Avenue which is an "A" Street; that the ground level image retail also provides a continuous horizontal band of display windows; that the streetscape features include paver bricks, tree grates, benches, and coordinated lamppost lighting, which is part of the master streetscaping in the area; that all the streetscape features will be coordinated with Main Street and the Lemon Avenue Streetscaping Project and will reinforce the plaza area at Five Points Park; that the streetscape features will be included as part of the project in the Community Redevelopment Area; that the extension of the paver brick will mirror the sidewalk sections surrounding the Five Points Park and library site providing additional street level compatibility; that Staff believes the ground level facade of the project represents an optimum design relative to the compatibility of surrounding properties. Ms. Murphy further stated that the former approved project had an associated street vacation; that requests for street vacations will come before the Commission on larger projeçts due to lot width and the City's existing codes; that the request represents a redevelopment proposal consistent with the City of Sarasota Downtown Master Plan 2020, the City's Comprehensive Plan and the Zoning Code (2002 Ed.); that Staff recommends the BOOK 54 Page 25662 06/02/03 2:30 P.M. BOOK 54 Page 25663 06/02/03 2:30 P.M. Commission pass proposed Ordinance Nos. 03-4460 and 03-4465 on first reading; that the outstanding issues are the Tunnel Relocation Agreement which was on Consent Agenda No. 1 of the afternoon session and an Encroachment Agreement which will be presented in the future; that weekly project coordination meetings with project representatives continue to assure Staff can keep the Commission, business owners in the Downtown, and the public informed; that exchanging information between project representatives is important; that the Applicants will continue to participate in the weekly project coordination meetings to ensure an inclusive staging and phasing plan with other projects within the immediate area such as Whole Foods, SCAT Transfer Facility, and the Lemon Avenue Streetscaping Project; that Staff will be available to provide information to interested individuals. Commissioner Servian asked the manner in which vehicles will egress from the alley? Ms. Murphy stated that after the project is completed, the auto court will have a pull off area; that the alley will have access off Lemon Avenue; that a loop can be made in the auto court and an exit can be made onto First Street. Vice Mayor Martin requested that interested persons come forward. There was no one signed up to speak and Vice Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4460 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4460 on first reading. Vice Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Martin, yes; Servian, yesi Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4465 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4465 on first reading. Commissioner Servian stated that the progress of the project is pleasing; that the coordination of efforts and positive comments are refreshing; that the efforts of Staff, the Administration, and the Developer are appreciated; that the project is world- class. Commissioner Atkins stated that finally developing the area is pleasing. Commissioner Bilyeu agreed. Vice Mayor Martin stated that the coordination of efforts between all parties is appreciated; that the project is challenging and is setting a standard for future projects. Vice Mayor Martin called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Servian, yes; Atkins, yes; Bilyeu, yes. 16. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 6:37 through 6:41 The following people came before the Commission: Sara Rankin, Executive Director, Juvenile Diabetes Research Foundation, 4720 Fourth Avenue, Bradenton (34208) and Anthony Puccio, 770 Autumncrest Drive (34232), President, Juvenile Diabetes Research Foundation representing Sarasota Offshore Showdown. Ms. Rankin stated that the upcoming American Power Boat Association (APBA) Sarasota Offshore Power Boat Race has been tentatively scheduled over the 2003 Labor Day weekend; that the reason for coming before the Commission at this time is to express a willingness to work with the City to address any concerns regarding the power boat race; that the hope is to provide fun and a large crowd at the power boat race over the 2003 Labor Day weekend. Mr. Puccio stated that he is the President of the Juvenile Diabetes Research Foundation; that a seat on the board of the Sarasota County Police Athletic League is also held; that his business has been located in the City for over 18 years; that he has contacted the Deputy City Manager to express a desire to BOOK 54 Page 25664 06/02/03 2:30 P.M. BOOK 54 Page 25665 06/02/03 2:30 P.M. work with the City to address issues regarding the power boat race. Ms. Rankin stated that tentative plans are for a three day event over the Labor Day weekend; that the center of the power boat race activity is planned at the Van Wezel Performing Arts Hall (VWPAH). Mr. Puccio stated that meetings have taken place with John Wilkes, Executive Director of the VWPAH; that the VWPAH is available to hold the power boat race event over the Labor Day weekend; that local businesses have been contacted; that summertime is non-tourist season in Sarasota; that meetings have taken place with the Executive Director of the Sarasota Convention and Visitors Bureau and the General Manager of the Hyatt Sarasota; that everyone is excited about the event. Ms. Rankin stated that the opportunity to work with the City is appreciated; that the excitement and the anticipation regarding the power boat race are far beyond expectations; that the event is considered an ongoing and growing project; that the event is planned for the 2003 and 2004 Labor Day weekends; that the hope is the event will continue to grow. Vice Mayor Martin stated that concerns over the power boat race have been raised, particularly with regard to the Sarasota Sailing Squadron Regatta which is also taking place over the Labor Day weekend; that the Commission has concerns regarding the conflict between the two races; that speakers representing the Sarasota Sailing Squadron raised concerns regarding the power boat race during the afternoon session; that the City Manager has indicated no application to the City for use of City space has been submitted; that the Commission and the City are not aware of the power boat event being scheduled at the VWPAH; that use of City property for the power boat race has not been officially sanctioned by the City. Mr. Puccio stated that the necessary paperwork to secure the VWPAH for the power boat race is being prepared; that discussions have taken place with individuals representing the Sarasota Sailing Squadron; that assurance has been provided any possible conflict between the sailing regatta and the power boat race will be addressed and rectified; that the site of the power boat race has been relocated to accommodate the sailing regatta; that Big Pass rather than New Pass will be used to gain access to the Gulf of Mexico; that the Sarasota County Sheriff's Office has provided assurance extra patrol boats will be deployed the day of the power boat race; that Donzi Marine is providing additional boats to assist with patrol; that the Division of Freshwater Fisheries, Florida Fish and Wildlife Conservation Commission, was also contacted and is willing to provide extra patrol boats during the race. Vice Mayor Martin stated that the spirit of cooperation is appreciated; that hearing discussions are taking place with the Sarasota Sailing Squadron and a solution is being reached is pleasing; however, the City has not received any application for use of City property at this time. Mr. Puccio stated that the paperwork to secure use of City property for the power boat race is in hand but has not yet been submitted. Vice Mayor Martin stated that the work performed by the Juvenile Diabetes Research Foundation and the time taken to come before the Commission regarding the power boat race are appreciated. 17. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 6:42 through 6:42 COMMISSIONER ATKINS: A. stated that meetings are being attended with the Sarasota Housing Authority (SHA) regarding the HOPE (Housing Opportunities for People Everywhere) VI grant process; that the SHA is participating with the SHA tenants; that tenants were involved in a recent SHA meeting which was well attended; that discussions were exciting; that concerns are now being raised in an open forum which is pleasing. 18. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION WILL RESEARCH IF CITY CAN ASSIST PEOPLE WITH TERMINAL ILLNESSES OR OTHER SERIOUS HEALTH ISSUES CONCERNING POSSIBLE DISRUPTION OF NON-CITY UTILITY SERVICES; CITY AUDITOR AND CLERK WILL PREPARE A LETTER TO THE GOVERNOR EXPRESSING OPPOSITION TO ENROLLED BILL NUMBER cs/SB 676 (AGENDA ITEM XV) CD 6:42 through 6:59 BOOK 54 Page 25666 06/02/03 2:30 P.M. BOOK 54 Page 25667 06/02/03 2:30 P.M. COMMISSIONER BILYEU: A. stated that the positive communication between the Sarasota Sailing Squadron and the individuals representing the power boat race is exemplary. B. stated that he attended the recent Sarasota Police Department promotions ceremonyi that the ceremony was exciting; that the tenure of police officers was amazing; that seeing police officers rise through the ranks and be promoted was exciting; that News Channel 13 which is a Tampa, Florida, television affiliate attended the promotions ceremony; that no local commercial Sarasota television stations attended the promotions ceremony which was sad; that the AccessSarasota, Channel 19, did attend the promotions ceremony which was pleasing. COMMISSIONER SERVIAN: A. stated that a trip was taken with Dennis Daughters, Director of Engineering/City Engineer, to Washington, DC; that productive meetings were held with both the legislative aides and Senators; that a meeting was held with Katherine Harris, US House of Representatives, 13th District of Florida, regarding beach renourishment at which encouraging news was heard; that a bill was introduced and passed to extend the HOPE VI grant for an additional year which is good news; however, additional funding has not been provided. B. stated that many telephone calls have been received in the past concerning odor from sewage Lift Station No. 16; that a positive telephone call was recently received from a citizen living in Dolphin Towers who indicated the odor from Lift Station No. 16 is improving; that the effort extended by the City to address the odor is working which is good. C. that a telephone call was received from a citizen who visited Arlington Pool with a grandchild; that $2.00 was charged for the grandchild to use the pool; that the grandmother was charged $1.00 simply to enter the pool area to observe the grandchild swim; that the grandmother was informed the charges were due to a new policy; that a question is the reason for the change in policy and when the policy was implemented. D. that she received a May 28, 2003, letter from the Florida League of Cities, Inc., regarding opposition to Municipal Government Preemptions Language in Section 59 of Enrolled Committee Substitute/Senate Bill (CS/SB) 676 which is a provision with a significant preemption of Home Rule powers regarding transportation; that the City is being requested to send a letter to the Governor expressing opposition to the legislation; that the City Auditor and Clerk is requested to send a letter to the Governor to veto the legislation sO the cities' Home Rule powers are protected. Vice Mayor Martin stated that hearing no objections, the City Auditor and Clerk is requested to send a letter to the Governor to veto Enrolled Committee Substitute/Senate Bill (CS/SB) 676. E. that many telephone calls and letters have been received by citizens regarding noise of the power boats practicing on Sarasota Bay for the boat race; that the City should do everything possible to reduce the noise; that one individual living 700 feet from Sarasota Bay and only one block from US 41 can barely hear the noise from US 41 but can hear the noise created by the power boats all day and into the evening hours as well; that the City should address the issue. Vice Mayor Martin stated that the manner in which the issue can be addressed is not known; that many people will be pleased if the City can find a way to address the problem. COMMISSIONER ATKINS: A. asked if the Commission or the City has the power to stop disruption of utility services due to reasons concerning health? City Manager McNees stated that an answer is not known. Commissioner Atkins stated that the belief is the City makes allowances for people with young children who have difficulty paying for water utility service, which is the only allowance of which he is aware; that the Administration is requested to address the issue. BOOK 54 Page 25668 06/02/03 2:30 P.M. BOOK 54 Page 25669 06/02/03 2:30 P.M. City Manager McNees stated that the issue will be researched; that for the City to provide assistance in the possible disruption of non-City utility services would be surprising. Commissioner Servian stated that some people who have terminal illnesses and other serious health issues and for whom access to utility services is imperative have been able to obtain a letter from a physician to the utility company to avoid disruption of utility services. VICE MAYOR MARTIN: A. stated that the Commission and the members of the Public Art Committee are encouraged to identify issues for the agenda for the June 19, 2003, Joint Special Meeting with the Public Art Committee; that one issue is expanding the boundaries of the present Public Art District throughout the City; that the issue should be discussed; that Staff input as well as an assessment will be necessary prior to discussion of the issue to provide for a greater understanding; that bringing public art, possibly through the art loan project, into the City's parks should be addressed at the meeting; that the Indian Beach Sapphire Shores neighborhood has installed public art on medians and in the neighborhood parks; that other neighborhoods and neighborhood associations have contemplated installing public art; that encouraging and expanding the art loan project into the City's parks should be discussed; that many conflicting issues have been raised regarding the Lemon Avenue Plaza area; that the Lemon Avenue Plaza is a key public space in the Downtown; that the Public Art Committee previously reviewed artwork for the entire block of the Lemon Avenue Plaza; that Mattison's City Grill has since opened on Lemon Avenue and has privatized some of the public space; that the importance of the Lemon Avenue Plaza project is stressed; that the current plan for the block of Lemon Avenue is a concern; that no differentiation is seen between the Lemon Avenue Plaza and the street area; that public art and seating which provides a pedestrian friendly place is important; that the issue is complicated; that the Lemon Avenue Streetscaping and plaza are key to the Cityi that a considerable amount of funding is being expended on the Lemon Avenue Plaza; that the project should provide the desired results; that the issue should be addressed in a comprehensive manner. B. stated that a meeting to discuss methods to involve the entire community in the HOPE VI grant project was recenty held; that everyone agrees HOPE VI is a community project rather than a public housing project; that individuals from Congresswoman Katherine Harris' office and from the private community have set up seven different committees to engage people in the private sector and governing officials to assist in strengthening the HOPE VI grant application; that he is working with the Entrepreneurial Training and Business Startup and Incubation Services Committee which will be working on a key community support service element of the HOPE VI project to strengthen the application and guide implementation of the project; that six other committees will address the following: - Home Ownership Programs; - Development Construction and Job Training; - Education and Workforce Training; - Medical Programsi -= Social Services Faith Based Organizations; and Assessment of Existing SHA Services. Vice Mayor Martin continued that Commissioner Bilyeu expressed a desire to attend the recent meeting; however, some concerns regarding issues related to Florida's Sunshine laws were raised since the meeting was not noticed; that Commissioner Bilyeu chose not to attend the meeting due to the concern. Vice Mayor Martin distributed a list of committees to each Commissioner for the record; and stated that the Commissioners can become involved in any committee; that contact information for each committee will be provided. C. stated that some resolution such as a permitting process remains necessary for use of Gillespie Park and all City parks by large groups of people; that having a workshop to review a special event permit has been discussed; that a workshop has not yet been scheduled; that scheduling a workshop is encouraged to address issues in City parks; that Reverend Butterfield, representing Gifts from God, has contacted him and has indicated the pavilion in Gillespie Park will no longer be used by Gifts from God; that Gifts from God is making arrangements to remove trash from Gillespie Park and has BOOK 54 Page 25670 06/02/03 2:30 P.M. BOOK 54 Page 25671 06/02/03 2:30 P.M. offered to have a work day with the Gillespie Park Neighborhood Association to beautify the park; that the hope is some resolution between Gifts from God and the Gillespie Park neighborhood will be found; that special event permitting and use of the City's public space should be addressed; that a group was interested in showing movies in Bayiront Park; that the City does not permit movies in Bayfront Park or anyone on the grass; that legitimate concerns exist regarding the use of Bayfront Park as space for parking has been promised Marina Jack and O'Leary's Water Sports and Grill, etc.; that Bayfront Park would be a perfect place to show movies; however, movies cannot be allowed at this time; that a workshop should be scheduled to address the use of the City's parks. D. stated that an invitation to meet has been extended from the Town of Longboat Key Commission to the City Commission which the Commission should consider. Commissioner Servian stated that she recently visited the Town of Longboat Key Town Hall with Staff; that a presentation regarding traffic issues on St. Armands Circle was made; that a willingness for a joint meeting was expressed; that the Longboat Key Town Manager indicated an agenda for the joint meeting was being planned. City Manager McNees stated that the Town Manager does not have major business issues requiring an agenda; that a preference for a meet and greet or a luncheon which would provide informal interaction was indicated; that the City Attorney's Office and the attorney for the Town of Longboat Key are addressing the manner in which to accommodate the preference for an informal gathering rather than a public meeting. Commissioner Atkins asked if the intent is to first meet informally and then to have a formal meeting at a later date? City Attorney Taylor stated that an answer cannot be provided; that the intent was to provide notice of a workshop which would be held for interaction purposes; that informal interaction will likely lead to discussion of public business which is considered a problem; that any time Commissioners are gathered in the same room, issues of importance will likely be discussed; that minutes could not be taken at an informal event; that he informed the attorney for the Town of Longboat Key the issue would be discussed with the City Auditor and Clerk and the City Manager; that a structured meeting is apparently not the desire of the Town of Longboat Key Commission. Commissioner Servian stated that the Commission can interact with the Town of Longboat Key Commission at the Florida League of Cities convention. Commissioner Atkins stated that a meet and greet can be held at Tiger Bay. 19. OTHER ATTERSADMDISTATIV: OFFICERS (AGENDA ITEM XVI) CD 6:59 through 7:00 CITY MANAGER MCNEES: A. stated that a workshop regarding the Florida West Coast Symphony has been scheduled from 3:00 p.m. to 4:00 p.m. on June 11, 2003, in the Commission Chambers. CITY AUDITOR AND CLERK ROBINSON: A. stated that a joint meeting with the Planning Board/Local Planning Agency will be held June 4, 2003, at 6:00 p.m. regarding the Downtown Code. 20. ADJOURN (AGENDA ITEM XVII) CD 7:00 There being no further business, Vice Mayor Martin adjourned the Regular meeting of the City Commission of June 2, 2003, at 7:00 p.m. Bicknw CCorfr RICHARD F. MARTIN, VICE MAYOR ATTEST: 6 bky Rotunsen BILLY. E. ROBINSON, CITY AUDITOR AND CLERK BOOK 54 Page 25672 06/02/03 2:30 P.M.