BOOK 54 Page 26031 09/02/03 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 2, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:30 There was no one signed up to speak. 2. APPROVAL RE : MINUTES OF THE REGULAR CITY COMMISSION MEETING OF AUGUST 4, 2003, AND THE SPECIAL CITY COMMISSION MEETING OF AUGUST 8, 2003 - APPROVED (AGENDA ITEM II-1 AND -2) CD 2:30 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the August 4, 2003, Regular Commission meeting and the August 8, 2003, Special Commission meeting are approved by unanimous consent. 3. CHANGES TO THE ORDERS OF THE DAY APPROVED CD 2:30 through 2:32 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. IV.A.2, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to the Bobby Jones Golf Course Maintenance Agreement between the City of Sarasota and OneSource Landscape & Golf Services, Inc., which terminates the landscape services at the Sports Complex and use of the Capital Reserve Fund for the purchase of the field maintenance equipment, with the requirement that the subsequent auction of such equipment, replace the funds as soon as possible, per the request of Sports Facilities Manager Calhoon. B. Remove Consent Agenda No. 1, Item No. IV.A.3, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Baseball Facility Lease between the City of Sarasota and the Cincinnati Reds, which provides for the Reds to assume the landscape and mowing responsibilities at the Sports Complex and provide the procedure for the purchase of new grounds equipment, per the request of Sports Facilities Manager Calhoon. C. Add Consent Agenda No. 2, Item No. IV.B.3, Adoption Re: Proposed Resolution No. 03R-1650, appropriating up to $70,000 from the unappropriated fund balance of the General Fund to fund additional costs ($120,000 total authorization) for the Florida Neighborhood Conference (FNC). Appropriations against this additional funding will be limited to the actual revenues collected for the FNC, per the request of Neighborhood Development Director Raposa. City Manager McNees presented the following Change to the Orders of the Day: D. Remove for discussion Consent Agenda No. 2, Item No. IV.B.2, Adoption Re: Proposed Resolution No. 03R- 1649, appropriating up to $2,500 from the unappropriated fund balance of the general fund to fund the hiring of a facilitator to conduct a retreat for the City Commissioners and Charter Officials in the fall of 2003, etc. City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. IV.B.2, will be placed under Unfinished Business, Item No. VI-2 which will be heard in the afternoon session. Mayor Palmer asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. BOOK 54 Page 26032 09/02/03 2:30 P.M. BOOK 54 Page 26033 09/02/03 2:30 P.M. 4. BOARD ACTIONS : REPORT RE : CELEBRATE SARASOTA COMMITTEE MEETING OF AUGUST 13, 2003 - RECEIVED REPORT; APPROVED THE GRANT REQUEST FROM THE HISTORIC SOCIETY IN THE AMOUNT OF $3,500 TO PARTIALLY FUND AN INERACTIVE KIOSK FOR THE HISTORICAL SOCIETY'S OFFICE AT THE FEDERAL BUILDING AND THE GRANT REQUEST IN THE AMOUNT OF $2,500 TO PARTIALLY FUND THE OPENING CEREMONIES FOR THE JOHN RINGLING CAUSEWAY BRIDGE (AGENDA ITEM III-1) CD 2:32 through 2:36 Thorning Little, Chair, Celebrate Sarasota Steering Committee (Committee), came before the Commission. Mr. Little presented the following items from the August 13, 2003, Committee meeting: A. Historical Society of Sarasota County (Historical Society) grant request Mr. Little stated that at its August 13, 2003, meeting, the Committee received a request for a grant from the Historical Society of Sarasota County to partially fund an interactive kiosk for the Historical Society's office at the Federal Building; that the Committee recommended a grant in the amount of $3,500 be awarded to the Historical Society to partially fund the kiosk. Mr. Little continued that a 1986 City time capsule is buried at Sarasota Memorial Park cemetery and can be relocated to the Federal Building; that $2,500 is being held in the Celebrate Sarasota account for placement of a new time capsule in the Federal Building which can be used for other purposes if the 1986 time capsule is relocated to the Federal Building. B. Ringling Causeway Bridge Committee grant request Mr. Little stated that the Committee also received a request for a grant by the Ringling Causeway Bridge Committee (Bridge Committee) to partially fund the opening ceremonies for the new John Ringling Causeway Bridge (Ringling Bridge); that the Committee recommended a grant in the amount of $2,500 be awarded to partially fund the opening ceremonies for the Ringling Bridge on August 30, 2003. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the grant request from the Historical Society in the amount of $3,500 to partially fund an interactive kiosk for the Historical Society's office at the Federal Building and the grant request in the amount of $2,500 to partially fund the opening ceremonies for the John Ringling Causeway Bridge. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to receive the report of the August 13, 2003, Celebrate Sarasota Steering Committee. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. Mr. Little stated that a Celebrate Sarasota salute to the City's 100th Anniversary was aired on WEDU, Channel 3; that a repeat showing is scheduled on September 7, 2003, at 2:30 p.m.i that a photograph competition is scheduled from September 11 through October 11, 2003; that interested persons can contact George Haborak at (941) 953-7903; that the fishing contest is scheduled for October 18, 2003; that the Hands of Heritage Multicultural Festival closing ceremonies are scheduled for October 17 and 18, 2003; that the Hands of Heritage Multicultural Committee is in the process of receiving and seeking pledges of support; that interested persons can contact Judy Dean at (941) 362-7632. Commissioner Servian stated that the efforts of the Bridge Committee are appreciated; that the Bridge Committee did an excellent job within a short period of time; that the event was wonderful and brought the community together. Mayor Palmer stated that the efforts of Paul Thorpe and Dave LaBelle are appreciated; and requested Mr. Thorpe to come before the Commission. Paul Thorpe, Chair, Bridge Committee, came before the Commission and recognized the efforts of the following individuals: Dave Labelle, Co-Chair Thomas Houser Barbara Strauss Diana Corrigan Bill Carman BOOK 54 Page 26034 09/02/03 2:30 P.M. BOOK 54 Page 26035 09/02/03 2:30 P.M. Mr. Thorpe continued that the boat parade was spectacular; that 150 boats participated. Mayor Palmer stated that the fireworks display was not long but was magnificent. Mr. Thorpe stated that the fireworks display fit into the budget for the event; that the show was excellent, that the costs were considerably less than the July 4, 2003, fireworks display; that the Ringling Bridge provided an excellent view of the fireworks. Mayor Palmer stated that over 2,400 people participated in the 5K and 10K run across the Ringling Bridge. Mr. Thorpe stated that 10,000 to 15,000 people crossed the Ringling Bridge either by running, walking, bicycling, or pushing baby carriages; that people participated in the opening of the Ringling Bridge. Mayor Palmer stated that participation was excellent, especially considering the weather; that rain as well as a small tornado came through the area during the grand opening of the Ringling Bridge; that the efforts of the Bridge Committee are appreciated; that the event was fabulous. 5. BOARD ACTIONS: REPORT RE : PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF AUGUST 13, 2003 - RECEIVED REPORT ; SET PROPOSED SITE PLAN APPLICATION NO. 03-SP-11 FOR PUBLIC HEARING ON OCTOBER 20, 2003; REFERRED TO THE ADMINISTRATION TO SCHEDULE A JOINT MEETING BETWEEN THE CITY COMMISSION, y THE SARASOTA BOARD OF COUNTY COMMISSIONERS AND THE SARASOTA COUNTY AREA TRANSIT (SCAT) WILL BE SCHEDULED TO OBTAIN A BETTER UNDERSTANDING OF SARASOTA COUNTY 'S POSITION REGARDING THE DIRECTION OF THE SCAT TRANSFER FACILITY (AGENDA ITEM III-2) CD 2:36 through 3:30 Robert Lindsay, Chair of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning, came before the Commission. Mr. Lindsay stated that the follOwing item was discussed at the August 13, 2003, Special PBLP meeting: Proposed Site Plan Application No. 03-SP-11: SCAT Transfer Facility Mr. Lindsay stated that Site Plan Application No. 03-SP-11 was filed by Sarasota County; that the parcel is part of a Sales and Purchase Agreement entered into with the City and is generally bounded on the north by Second Street, on the south by First Street, on the east by City Hall, and on the west by Lemon Avenue; that the PBLP held a public hearing at the August 13, 2003, meeting regarding Site Plan Application 03-SP-11 to allow the construction of a new intermodal bus transfer facility which will be operated by the Sarasota County Area Transit (SCAT) on property in the Governmental Use (G) Zone District, and voted 3 to 1 to find proposed Site Plan Application No. 03-SP-11 inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the standards for review set forth in Section IV-506, Zoning Code (2002 Ed.) and recommends denial of the request. Mayor Palmer stated that a summary of the basis for the decision would be appreciated. Mr. Lindsay stated that the PBLP reviewed the proposed site plan and the manner in which the proposed site plan fits into the streets and surrounding area; that the PBLP was not involved in site selection for the SCAT transfer facility; that technical difficulties became evident with the site; that the site is tight; that the architects did an excellent job given the constraints of the site; that the saw tooth design allows buses to pull in and out without backing or becoming trapped behind the bus ahead; that the saw tooth design would be eliminated requiring the front to back stacking arrangement presently used if capacity becomes a problem due to having more buses; that front to back stacking causes operational problems; that the area in the vicinity of the site will become a heavy pedestrian oriented area; that large buses will be keeping a schedule over a longer distance; that having large buses in an area with slow moving vehicular traffic and heavy pedestrian traffic is a concern; that vehicles in the area will be slow moving searching for parking spaces, entrances to parking garages, or dropping off and picking up pedestrians; that security for the site is a concern; that a significant number of people ride the buses; that a typical bus patron is a middle aged or elderly woman on the way to work; that riders will require protection from panhandlers; that bus patrons should be able to make a bus transfer in an area without panhandlers and vagrants; that the issue of the homeless people is a separate problem which must be addressed in an appropriate manneri that people utilizing BOOK 54 Page 26036 09/02/03 2:30 P.M. BOOK 54 Page 26037 09/02/03 2:30 P.M. the bus system should be encouraged to do sO with the knowledge the ride will be safe and comfortable. Mr. Lindsay continued that adequate waiting space for bus patrons is not available; that bus patrons must wait one half hour to one hour; that some improvements can be made to increase capacity at the site; however, the site is not considered a long term 20 or 30 year site; that twice as many buses will likely be operating over the next ten yearsi that the possibility exists to pack more buses into the site; however, the site will not be efficient; that another site should be reserved if the current site will be used; that an alternative site may not be available in the Downtown area in ten years. Mr. Lindsay further stated that the buses presently used are smaller than in most other cities; that the site is sized for the size of the buses presently in use; that the hope is to move toward smaller buses in the Downtown area; that a need to operate larger buses on some routes may be necessary in the future; that the ability to mix the local transit system with other systems which may be traveling farther is not available; that the site will not be practical if a shuttle bus is available as a connection between the City's SCAT transier facility and Tampa International Airport; that as well, parking is not available at the SCAT transfer facility for use as a place to initiate bus travel; that many reasons contributed to the belief a larger site near the Downtown which provides a better connection to the roads system for long distance travel and a safe crossing area for pedestrians is necessary; that pedestrians moving east and west will have six lanes of traffic to cross; that pedestrians will have to cross two bus entrance lanes, two bus exit lanes and the lanes on Lemon Avenue adjacent to the bus lanes, all with inadequate protection such as an island which Andres Duany, Principal, FAIA, Duany Plater-Zyberk & Company (DPZ), referenced to as "insulting the pedestrians" in the City of Sarasota Downtown Master Plan 2020. Mayor Palmer asked if the Vehicular Routes Study being conducted by Sarasota County was discussed? Mr. Lindsay stated that Sarasota County is preparing to conduct a Vehicular Routes Study; that origins and destinations of current bus patrons are not presently Clear; that a significant number of people use the bus to travel to the Ringling Shopping Center and the Sarasota Health Department. Commissioner Servian asked if the buses would likely be moving at a slow rate of speed upon arriving and departing from the SCAT transfer facility? Mr. Lindsay stated that motorists in the area will likely be traveling at a slow rate of speed; that the bus driver's emphasis will be arriving and departing the SCAT transfer facility as quickly as possible; that the bus driver will have a schedule to maintain. Commissioner Servian stated that the bus drivers are mindful of the pedestrians; that the bus drivers are courteous and are not arriving or departing at a great rate of speed. Mr. Linsday agreed; and stated that the bus drivers are well trained; that the efficiency of the bus system is rated on capacity and utilization by providing people with a journey in the shortest time possible; that adding five minutes to arrival and departure times creates a significant impact to people riding buses; that 20 minutes could possibly be added to transit time if the buses are slowed down by pedestrians and slow moving vehicular traffic. Commissioner Servian asked the reason the situation has taken a turn from discussion of the SCAT transfer facility site plan to the siting of the SCAT transfer facility? Mr. Lindsay stated that the PBLP reviewed the proposed site plan for the SCAT transfer facility; that a private developer would not be allowed to come into the City and create a situation of poor urban design; that the goal is to eliminate poor urban design and make the Downtown pedestrian friendly; that the City has discouraged drive-through service windows in the Downtown since a pedestrian hazard and an obstacle are created; that the SCAT transfer facility site includes a six lane obstacle without interruption which is considerably difficult for a pedestrian to navigate. Commissioner Servian stated that the site for the SCAT transfer facility was identified well over one year ago; that the site plan is now being reviewed; and asked if a request could be made BOOK 54 Page 26038 09/02/03 2:30 P.M. BOOK 54 Page 26039 09/02/03 2:30 P.M. to redesign the site plan to eliminate some of the conflicts which are of concern? Mr. Lindsay stated that although possible, the site is tight; that the architects have utilized a significant amount of ingenuity thus far; that the PBLP believes difficulties exist and are sufficiently significant to warrant the recommendation of denial of the proposed site plan; that the PBLP's vote would likely change if the difficulties are eliminated. Commissioner Servian stated that security was raised as an issue on many levels; that people will be required to wait as long as 30 minutes for another bus; that enforcement of security related problems and the location of the SCAT transfer facility are two separate issues; that Sarasota County has hired two or three full time security personnel to manage the temporary SCAT transfer station at the Selby Public Libraryi that the Administration should request Sarasota County to provide security at the new SCAT transfer facility; that the issue can be addressed separately from the site plan. Mr. Lindsay stated that designing for security is clearly a part of the PBLP's considerations; that security issues of concern include maintaining control of the site; that only people using the SCAT transfer facility should be on the site; that some communities have enclosed facilities for people having a bus ticket; that people having no reason to be at the SCAT transfer facility will be requested to leave. Vice Mayor Martin stated that any bus transfer facility location would have difficulties; that the interface of mass transportation and pedestrians is an important link in the Downtown which is the reason for selection of the site at the time; that the difficulties are known; that the difficulties were to be addressed from a design, maintenance, and security perspective; that maintenance and security are enhanced in the Downtown; that mass transportation is necessary to better serve the ridership and the Downtown; that people normally driving to the Downtown would have a convenient alternative by riding the bus; that the site was not considered as a long term 30 to 50 year use; that the decision for the site was based on a shorter term of ten years with an adaptive re-use since the belief was the system would change in the future; and asked if the PBLP considered the site as a shorter term use of ten years or less? Mr. Lindsay stated that the PBLP was not aware the site was considered for a shorter term use of ten years or less; that the site plan was presented as a permanent long term use; that the site is not adequate if projected 20 years in the future; that a different view would exist if the site is for use for ten years or less compared to an alternative site closer to the arterial streets with more land available to solve some of the difficulties at the currently proposed site; that the site is very tight; that a significant number of changes could be made if the site were somewhat larger; that entrance and exit lanes could be narrowed to provide pedestrian islands; that protection such as iron fencing could be added to provide a safer place to wait; that many changes could be made if sufficient room is available; that the size of the site should be sufficient to adequately serve the needs for the specific timeframe; that the decision is the site must be defined as either a short term or long term use. Commissioner Servian referred to the Sarasota Bus Transfer Facility Site Plan included in the Agenda backup material; and stated that a median is indicated which could be a place for a pedestrian to wait prior to crossing the street. Mr. Lindsay stated that the median is very narrow and has no pedestrian amenities; that a wide median with iron fencing is necessary to provide pedestrian safety. Commissioner Servian stated that a wide median with iron fencing can be considered during the Lemon Avenue Streetscape project. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to receive the report of the August 13, 2003, meeting of the Planning Board/Local Planning Agency. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Commissioner Bilyeu stated that Lemon Avenue is not the proper site for the SCAT transfer facility; that the Downtown should have a small trolley to transport people in and around the Downtown which will keep large buses and vehicles out of the Downtown; that the efforts of the PBLP concerning the site plan are appreciated; that the videotape of the PBLP meeting of August 13, 2003, public hearing was reviewed several times; that not one developer spoke at the public hearing; that support is not provided for the Lemon Avenue site or the alternatively mentioned School Avenue and Ringling Boulevard site; that the BOOK 54 Page 26040 09/02/03 2:30 P.M. BOOK 54 Page 26041 09/02/03 2:30 P.M. Lemon Avenue site is part of a Sales and Purchase Agreement between the City and County; that an agreement for the Lemon Avenue site was reached upon prior to the Whole Foods Market Centre project; that more information is necessary to make a decision; that the site plan should be designed and the site located in an area which is right for the ridership; that he holds a seat on the Public Transportation Task Force of the Sarasota/Manatee Metropolitan Planning Organization (MPO) i that a study is underway to provide connectivity from Manatee County through Sarasota County; that a regional transportation system may exist in the future; that State and Federal funding could be available; that the Sarasota Board of County Commissioners (BCC) is requested to revisit the site at School Avenue and Ringling Boulevard and an alternatively identified site at Adams Drive and US 301 as well; that the goal is to make the SCAT transit system the best possible for the ridership and the community. On motion of Commissioner Bilyeu and second of Mayor Palmer who passed the gavel to Vice Mayor Martin, it was moved to set Site Plan Application No. 03-SP-11 for public hearing at the October 20, 2003, Regular Commission meeting to allow sufficient time for review. Commissioner Bilyeu stated that a decision will be made at the public hearing based upon substantial, competent evidence which will make the SCAT transfer facility the best possible for the community; that scheduling the public hearing at the October 20, 2003, Regular Commission meeting will allow sufficient time to obtain additional information; that the hope is fellow Commissioners will support scheduling the public hearing for the October 20, 2003, Regular Commission meeting. Mayor Palmer stated that the Vehicular Routes Study being performed by Sarasota County is important; that issues have arisen since the decision was made to locate the SCAT transfer facility at the Lemon Avenue site; that the location has never been personally supported; that previous Commissions have not supported the location; that the location was chosen out of frustration since the site was the only acceptable site to both the City and the County; that the information necessary to make a logical decision may not be available by October 20, 2003, unless a joint meeting is scheduled with the BCC and SCAT. On motion of Mayor Palmer and second of Commissioner Bilyeu, it was moved to amend the main motion to request a joint meeting with the Sarasota Board of County Commissioners, and the Sarasota County Area Transit (SCAT) to obtain the additional information necessary for the Commission to make an appropriate decision regarding the location of the SCAT transfer facility. Mayor Palmer stated that a decision cannot be made without additional documentation to provide a legitimate reason for changing the location of the site; that the decision regarding location of the SCAT transfer facility is important and will make a major statement in the Downtown; that an additional 30 to 40 days is an acceptable amount of time. Commissioner Bilyeu stated that the amendment for a joint meeting between the City, the BCC, and SCAT in the motion is considered important and is supported. Commissioner Servian stated that neither the main motion or the amendment on the table at this time are supported; that revisiting the issue again after a 10 to 12 year discussion is not supported; that a variety of sites have previously been considered; that the only other site which Sarasota County is willing to consider is the Ringling Boulevard and School Avenue site; that relocating the SCAT transfer facility to the Ringling Boulevard and School Avenue site is considered inappropriate; that bus transfer stations, train stations, and subway stations are located Downtown in every City in the US and in Countries around the world and add to the vitality of a Downtown; that transportation is not the issue; that the true problem is not being acknowledged or discussed; that the problem relates to the homeless; that the testimony before the PBLP was heard; that the testimony revealed the problems are panhandling and vagrants; that the issue is not concerning the ridership; that the people who ride the bus are happy with the SCAT transfer facility located in the Downtown; that discussions have been held with many of the bus patrons; that the riders will be inconvenienced if the SCAT transfer facility is moved; that a regional transportation system will exist someday in the future but will not affect the location of the SCAT transfer facility; that the SCAT transfer facility must be constructed; that people representing the Whole Foods Market Centre project were very happy to learn the SCAT transfer facility would be located at the Lemon Avenue site; that people could get off the bus, shop, and return home; that reopening the issue is not supported; that the issue concerning the homeless should be addressed through enforcement. BOOK 54 Page 26042 09/02/03 2:30 P.M. BOOK 54 Page 26043 09/02/03 2:30 P.M. Vice Mayor Martin restated and called for a vote on the amendment to schedule a joint meeting between the City Commission, the Sarasota Board of County Commission, and the Sarasota County Area Transit (SCAT) to discuss the site for the SCAT transfer facility prior to the public hearing for Site Plan Application No. 03-SP-11 on October 20, 2003. Amendment failed (3 to 2) : Atkins, no; Bilyeu, yes; Martin, no; Servian, no; Palmer, yes. Vice Mayor Martin restated and called for a vote on the main motion to set Site Plan Application No. 03-SP-11 for public hearing at the October 20, 2003, Regular Commission meeting. Commissioner Atkins stated that the issue regarding the location of the SCAT transfer facility should have been settled long ago; that locating the SCAT transfer facility at the Lemon Avenue site was previously supported; that the understanding was the SCAT transfer facility would be on the west side of the site since sufficient space existed to address all the concernsi that some of the original concerns have been raised at this time; that the concern indicated at this time is the location at which people will get on and off the bus; that the real concern is the vagrants, transients, and the homeless in the area; that realistically, nothing can be done; that moving the SCAT transfer facility will not stop the vagrants from being in the Downtown; that the vagrants will not leave since the energy is in the Downtown; that eliminating or clearing the blight of the Downtown for the rich and famous to avoid the problem is not supported; that citizens pretend no one is having a difficult time surviving in the City; that surviving in the City is a major struggle; that the issue is if the SCAT transfer facility fits the needs of everyone in the City; that waiting ten years to construct a SCAT transfer facility is not supported; that rich and famous people living in the City receive everything required; that low income people living in the City pay taxes for projects; that redoing projects continuously causes citizens to suffer; that people living in District 1 are the least paid in the entire City; that the Downtown was not constructed for people to visit by bus; that people coming Downtown on the bus do not get off but rather remain on the bus waiting for a transfer to another stop which is by design since DPZ does not have a plan for creating jobs for people to work in the Downtown; that people working in the Downtown drive personal vehicles to work; that the situation is being masqueraded which is sad and creates a personal problem; that the preference is to see a real plan addressing bus transit, eliminating all other ramifications; that the motion on the table is supported. Vice Mayor Martin stated that eliminating unrelated issues such as those involving the homeless, vagrants, and panhandlers from the SCAT transfer facility site is appreciated; that the testimony brought before the PBLP was heard and is a concern; that having to address the location of the SCAT transfer facility once again is difficult; that the motion is not supported; that scheduling a joint meeting with the BCC is of interest; that the Commission requested Sarasota County to come to the Commission and make a case for an alternative location which did not take place; that the SCAT transfer facility should be located in the Downtown; that mass transportation should be well considered and be a large part of the City's future rather than a place which is out of sight and out of mind; that maintenance and security issues have been identified which are best managed in the Downtown; that a walking police presence exists in the Downtown; that maintenance personnel are also in the Downtown; that the Lemon Avenue site was chosen by default; that any alternative site would have associated problems; that the problems associated with the Ringling Boulevard and School Avenue site are of grave concern; that a better working relationship between the City and County has developed over the summer of 2003; that delaying the public hearing to October 20, 2003, is discomforting since additional information above which is presently known may not become available; that scheduling a joint meeting with the City Commission, the BCC, and SCAT is supported; that a pledge should be received the ridership issue will be addressed, that the Downtown will continue being served by mass transportation as effectively or better than the present service to address maintenance and security concerns regardless of the location of the SCAT transfer facility. Vice Mayor Martin continued that the motion to set the public hearing for the October 20, 2003, Regular Commission meeting is not supported; that the preference is to schedule the public hearing at the September 15, 2003, Regular Commission meeting if the joint meeting can be scheduled prior to September 15, 2003; and asked if discussions have taken place with Sarasota County regarding scheduling a joint meeting and the availability of time to undertake the issue in a timely manner. City Auditor and Clerk Robinson stated that a preliminary discussion took place regarding availability of the BCC and the BOOK 54 Page 26044 09/02/03 2:30 P.M. BOOK 54 Page 26045 09/02/03 2:30 P.M. City Commission; that the afternoon of September 8, 2003, is convenient for the City and County Commissioners. Commissioner Servian stated that the motion to schedule a public hearing for the October 20, 2003, Regular Commission meeting is not supported; that the manner in which the issue is being handled is a concern; that a foregone conclusion seemed to be a joint meeting with the City and County Commissioners would be scheduled; that a joint meeting between Sarasota County and the City has already been discussed and scheduled prior to the Commission discussing the issue; that the issue should have been discussed at the Commission table prior to scheduling a joint meeting; that government should not operate in this fashion. Mayor Palmer stated that the comments regarding the homeless issue are disturbing; that the homeless issue is not the basis for bringing personal comments to the forefront; that Commissioner Atkins clearly indicated problems with the homeless will remain regardless of the location of the SCAT transfer facility; that the issue of the homeless is totally separate from the location of the SCAT transfer facility; that the issue is the buses, routes, services to the community, long range plan, the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020), design issues, and sufficient room; that the issue is sufficiently important to schedule another discussion with Sarasota County; however, reopening the issue again is difficult; that the issue is a long range 20 year plan; that the Downtown Master Plan 2020 was not in effect at the time the decision was made to locate the SCAT transfer facility at the Lemon Avenue site; that considerable objection to the Lemon Avenue location of the SCAT transfer facility was raised; that a number of issues require discussion; that a desire to discuss the issue with Sarasota County is being heard; that the amendment to schedule a joint meeting was not being supported by the Commission; that the direction heard from the Commission is not clear; that the motion is supported; that the maker of the motion is requested to consider changing the public hearing to the October 6, 2003, Regular Commission meeting. Commissioner Bilyeu stated that additional time is necessary to make a decision; that the direction suggested by the Commission is unclear; that the preference is to set the public hearing for the October 20, 2003, Regular Commission meeting; that a significant amount of money was paid to DPZ; that the site for the SCAT transfer facility identified by DPZ was Fruitville Road and Orange Avenue or Ringling Boulevard and School Avenue; that the Lemon Avenue site was not included in the Downtown Master Plan 2020; that the motion remains as originally stated. Vice Mayor Martin restated and called for a vote on the motion to set proposed Site Plan Application No. 03-SP-11 for public hearing at the October 20, 2003, Regular Commission meeting. Motion carried (3 to 2): Atkins, yes; Bilyeu, yes; Martin, no; Servian, no; Palmer, yes. Vice Mayor Martin passed the gavel back to Mayor Palmer. Mayor Palmer stated that the understanding is proposed Site Plan Application No. 03-SP-11 has been set for public hearing at the October 20, 2003, Regular Commission meeting; that agreement was not reached to schedule a joint meeting between the County and City Commissions prior to the public hearing. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to schedule a joint meeting with the City Commission, the Sarasota Board of County Commissioners and the Sarasota County Area Transit on September 8, 2003, if City and County Stafis are ready at that time, sO the Commission can obtain a better understanding of Sarasota County's position regarding the direction of the SCAT transfer facility. Vice Mayor Martin stated that the Commission will define information which is desired prior to the September 8, 2003, joint meeting; that the ability of City and County Staffs to be prepared by September 8, 2003, is not known; that Sarasota County should provide ideas as to the possibilities regarding issues raised and timelines for addressing issues; that the proof requested is the ability to: Serve and improve ridership; Improve and continue to serve the Downtown with mass transportation; Address maintenance issues; and Address security issues Mayor Palmer stated that some concern was raised about the scheduling of a joint meeting on September 8, 2003; that a date was requested only based on the action of the Commission at the current meeting; that no final date has been scheduled; that agreement is expressed with the concerns raised by Vice Mayor Martin; that the hope is answers to the concerns will be provided prior to a final decision. BOOK 54 Page 26046 09/02/03 2:30 P.M. BOOK 54 Page 26047 09/02/03 2:30 P.M. Mayor Palmer restated and called for a vote on the motion to schedule a joint meeting with the City Commission, the Sarasota Board of County Commissioners and the Sarasota County Area Transit as soon as practicable sO the Commission can obtain a better understanding of Sarasota County's position regarding the direction of the Sarasota County Area Transit (SCAT) transfer facility; and called for a vote on the motion. Motion carried (4 to 1): Atkins, yesi Bilyeu, yesi Martin, yes; Servian, noi Palmer, yes. 6. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE' S REGULAR MEETING OF AUGUST 14, 2003 = RECEIVED REPORT; APPROVED THE FOUR FINALISTS TO THE CALL TO ARTISTS FOR THE LEMON AVENUE PLAZA PROJECT; APPROVED THE LEMON AVENUE PLAZA PUBLIC ART REQUIREMENTS; APPROVED THE EXPENDITURE OF $10,000 FROM THE PUBLIC ART FUND FOR THE ARTISTS' PROPOSALS AND TRAVEL EXPENSES (AGENDA ITEM III-3) CD 3:32 through 3:40 George Haborak, Chairman, Public Art Committee, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mr. Haborak presented the following items from the August 14, 2003, Regular meeting of the Public Art Committee: Call to Artists for Lemon Avenue Plaza Mr. Haborak referred to computer-generated slides of artwork by the four finalists for public art at the Lemon Avenue Plaza on the Chamber monitors; and stated that the Call to Artists for public art at Lemon Avenue Plaza has been ongoing for quite some time; that at its August 14, 2003, Regular meeting, the Public Art Committee (Committee) voted unanimously 5 to 0 to recommend the Commission approve the following four finalists for the Lemon Avenue project: Guy Dill Brower Hatcher - Archie Held Thomas Sayre Mr. Haborak continued that 180 artists throughout the US submitted responses including portfolios of artwork to the Call to Artists; that the Committee narrowed the selection to 47 artists after reviewing slides of artwork and resumes; that the Committee further narrowed the selection to 12 artists after reviewing slides of artwork, resumes, and references which resulted in four finalists; that the artists work in stone, use water elements, lighting and other features; that the artwork which will be proposed by the four artists for the Lemon Avenue Plaza will be exciting. Mr. Burg stated that Staff recommends the Commission approve the four finalists to the Call to Artists for the Lemon Avenue Plaza Project. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve the four finalists to the Call to Artists for the Lemon Avenue Plaza Project. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Vice Mayor Martin stated that the efforts of the Committee to narrow the selection of artists is appreciated; and asked the manner in which the process will proceed? Mr. Haborak stated that each of the four artists will receive a letter from the Committee indicating selection as a finalist; that the letter will include updated information on the funds available, a site plan, and will indicate the opportunity for a water element and other issues regarding the Lemon Avenue Plaza Project which have since been discussed. Mr. Burg stated that a letter has been received from the developer for the Whole Foods Centre project; that the developer will participate in funding the public art. Vice Mayor Martin asked if the four artists will be visiting the Lemon Avenue Plaza Project site? Mr. Burg stated yes; that the artists will be visiting the site in approximately three months. Mayor Palmer referred to the Draft Lemon Avenue Plaza Public Art Requirements document included in the Agenda backup material; and stated that $170,000 is budgeted for the cost of the public art; that the City's Department of Public Works has budgeted $50,000 BOOK 54 Page 26048 09/02/03 2:30 P.M. BOOK 54 Page 26049 09/02/03 2:30 P.M. for the streetscape elements; and asked if the total amount of $220,000 will include the public art, paving, seating, and water feature? Mr. Burg stated yes; that some potential language will be included in the Draft Lemon Avenue Plaza Public Art Requirements document as follows: Total costs for artwork and streetscape within the public art project boundary shall not exceed $220,000. Mr. Burg stated that the intent is to provide the artist some flexibility. Commissioner Bilyeu asked if ease of maintenance is a consideration in selection of public art? Mr. Burg stated that ongoing costs and long-term maintenance are major criteria for selection of public art; that maintenance costs will be incurred; that maintenance costs for public art are included in the fiscal year 2003/04 budget; that the City is in the process of maintaining artwork in need of maintenance. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to approve the Lemon Avenue Plaza Public Art Requirements, and the expenditure of $10,000 from the Public Art Fund for the artists' proposals and travel expenses. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. Mayor Palmer asked the status of the sculpture entitled "The Duffer" which has not been reinstalled at Links Plaza. Mr. Burg stated that the sculpture "The Duffer" was vandalized and has been taken to Jack Dowd Studios for repair and maintenance; that the status of the repair is not known at this time. Mayor Palmer stated that Staff should report back the status of the sculpture "The Duffer." On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to receive the report of the August 14, 2003, Public Art Committee meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 = APPROVED ; ITEM NOS. 2 AND 3 = REMOVED UNDER CHANGES; ITEM NO. 4 - REMOVED AND WILL BE CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VI-3 (AGENDA ITEM IV-A) CD 3:40 through 3:41 Commissioner Bilyeu requested that Item No. 4 be removed for discussion. City Auditor and Clerk Robinson stated that Item No. 4 will be considered under Unfinished Business as Agenda Item VI-3 which will be heard in the afternoon session. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Operational and Voluntary Cooperation Agreement between the Sarasota Police Department and the Manatee County Sheriff's Office to coordinate assistance and resources during natural or man-made disasters or emergencies and other major law enforcement problems. 5. Approval Re: Authorize the Mayor to sign the Designation Application pertaining to the Tamiami Trail as a Florida Scenic Highway endeavor. 6. Approval Re: Authorize the City Attorney to draft an ordinance to revise Chapter 33-248 of the City Code pertaining to the adjustment of the speed limit on certain streets within the residential district. 7. Approval Re: Bayfront Multi-Use Recreational Trail Preliminary Design Report. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Florida Food & Entertainment, Inc., (RFP #03-51M) to operate the concession at the Bobby Jones Golf Complex concession for a five (5) year period with the option to renew for two (2) additional five (5) year terms. 9. Approval Re: Authorize the dedication of the 8th Street Linear Park to the public in accordance with the Project Agreement between the City of Sarasota and the Florida Department of Environmental Protection dated April 1, 2002 as a recreational trail, and authorize the Mayor and City Auditor and Clerk to execute the Notice of Limitation of Use/Site. BOOK 54 Page 26050 09/02/03 2:30 P.M. BOOK 54 Page 26051 09/02/03 2:30 P.M. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Engineering Services between the City of Sarasota and Greeley and Hansen, LLC, for the design of a reuse transmission main and relocation of the existing water transmission main sanitary force main with a subaqueous crossing of the inland waterway in conjunction with the construction of the John Ringling Causeway Bridge. 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Purchase and Sales Agreements, Owner's Affidavits and Warranty Deeds necessary to sell City owned properties as provided in the Property Acquisition Program Policy Guidelines. 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., (RFP #02-47M) to provide continuing consulting engineering services as the City's Water and Sewer Engineer of Record for an additional one- year period. 13. Approval Re: Floodplain Management Plan Evaluation and Update for 2003. 14. Approval Re: Workers' Compensation Settlement Agreement between the City of Sarasota and Steve Hewitt, in its entirety, for the amount of $16,000. 15. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sister Cities Association of Sarasota, Inc. Agreement between the City of Sarasota and Sister Cities Association of Sarasota, Inc. 16. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Kuxhausen Construction, Inc., (Bid #03-40M) to construct the Gillespie Avenue Improvements Project. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 8. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 03R-1646) - ADOPTED ; ITEM NO. 2 (RESOLUTION NO. 03R-1649) = REMOVED UNDER CHANGES AND WILL BE CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VI-2; ITEM NO. 3 (RESOLUTION NO. 03R-1650) = ADOPTED (AGENDA ITEM IV-B) CD 3:41 through 3:42 City Auditor and Clerk Robinson stated that Item No. 2 was removed under Changes and will be considered under Unfinished Business as Agenda Item No. VI-2 which will be heard in the afternoon session. 1. Resolution No. 03R-1646, accepting abatement of Nuisance and Cost Reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 3. Resolution No. 03R-1650, appropriating up to $70,000 from the unappropriated fund balance of the General Fund to fund additional costs ($120,000 total authorization) appropriations against this additional funding will be limited to the actual revenues collected for the FNC, etc. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1646 by title only and proposed Resolution No. 03R-1650 in its entirety. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, and 3. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 9. UNFINISHED BUSINESS: DISCUSSION RE: APPOINTMENT OF A CITIZEN TO SERVE ON AN OVERSIGHT COMMITTEE THAT WILL MONITOR IMPLFMENTATION OF THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING FOR THE COUNTY OF SARASOTA, FLORIDA = APPOINTED GENE PILLOT (AGENDA ITEM VI-1) CD 3:43 through 3:45 Douglas James, Chief Planner, Planning and Redevelopment Department, came before the Commission and stated that the BOOK 54 Page 26052 09/02/03 2:30 P.M. BOOK 54 Page 26053 09/02/03 2:30 P.M. appointment is for a citizen to serve on an oversight committee which will monitor implementation of the Interlocal Agreement for Public School Facility Planning for the County of Sarasota, Florida (Interlocal Agreement); that the Commission adopted the Interlocal Agreement on May 12, 2003; that Section 9 of the Interlocal Agreement is as follows: The School Board, the County and the Cities shall each appoint a citizen member to serve on an oversight committee to monitor implementation for the interlocal agreement. Committee members shall receive copies of all final reports and documents produced pursuant to this interlocal agreement. The committee shall provide for public comment on the implementation of the interlocal agreement once each year. The committee shall appoint a chairperson, meet at least annually, and report to participating local governments, the School Board and the general public of the effectiveness with which the interlocal agreement is being implemented. School Board staff will facilitate this committee's process, as needed. City Auditor and Clerk Robinson stated that vacancies on boards are typically advertised; that applications can be mailed to interested parties; that former Commissioner and Mayor Gene Pillot has inquired about the appointment and has expressed an interest. Mayor Palmer stated that former Commissioner and Mayor Pillot is also a former Superintendent of Schools for the Sarasota County School Board; that his knowledge is extraordinary; that former Commissioner and Mayor Pillot could be appointed to serve on an oversight committee at this time. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to appoint Gene Pillot to serve on an oversight committee which will monitor implementation of the Interlocal Agreement for Public School Facility Planning for the County of Sarasota, Florida. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 10. UNFINISHED BUSINESS: APPROVAL RE : RESOLUTION NO. 03R- 1649, APPROPRIATING UP TO $2,500 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO FUND THE HIRING OF A FACILITATOR TO CONDUCT A RETREAT FOR THE CITY COMMISSIONERS AND CHARTER OFFICIALS IN THE FALL OF 2003, ETC. - APPROVED (AGENDA ITEM VI-2) CD 3:45 through 3:56 City Manager McNees stated that at the July 7, 2003, Regular Commission meeting, the Commission agreed by consensus to schedule a retreat to discuss the Commission's relationship with the Charter Officials and interpersonal relationships among Commissioners; that proposed Resolution No. 03R-1649 is to appropriate up to $2,500 from the unappropriated fund balance of the General Fund to fund the hiring of a facilitator to conduct a retreat for the City Commissioners and Charter Officials in the fall of 2003. City Manager McNees continued that Kurt Hoverter, Director, Human Resources, developed a sample contract with a facilitator for the Commission's review; that some Commissioners may feel a facilitator with either local government or council-management experience is important; however, some Commissioners may feel skills in interpersonal facilitation is most important; that the unanimity of the Commission in the type of skills desired is important; and asked the type of facilitator desired? Commissioner Atkins stated that a facilitator with both credentials is desired; that interpersonal facilitation and local government experience are both important. City Manager McNees stated that a facilitator with both types of experience can be identified if desired. Vice Mayor Martin stated that retreats have been attended with facilitators in the past; however, a retreat was also attended without a professional facilitator; that the City Manager acted as facilitator; that the retreats were measurably successful; that he was not aware of a planned agenda for the 2003 retreat or necessarily of the plans to spend City funds for a professional facilitator; that Staff has worked with facilitators from the Florida Institute of Government which is an excellent institution; that the facilitation skills are respected; that a facilitator with interpersonal facilitation skills as well as experience with local government is supported; however, neutrality is important; that another question to consider is if a facilitator is necessary. Commissioner Servian stated that a recent conference was attended by Mayor Palmer, at which the council-manager form of government was discussed; that Mayor Palmer indicated the BOOK 54 Page 26054 09/02/03 2:30 P:M. BOOK 54 Page 26055 09/02/03 2:30 P.M. conference was helpful and expressed a desire to have an opportunity to discuss the information; that a facilitator working with the Florida League of Cities or the Florida Institute of Government would understand the nuances of elected officials and relationships with Charter Officials and, therefore, would be appropriate; that having the retreat is a wonderful idea; that paying for a facilitator is not a concern; however, the preference is to hire a facilitator with government experience, if a facilitator is hired. Commissioner Bilyeu stated that engaging a facilitator with interpersonal facilitation skills as well as experience with local government is supported; however, the City Manager could also fill the role as facilitator. Mayor Palmer stated that four Commissioners appear to agree a facilitator should have skills with interpersonal facilitation as well as experience with local government; that the information from the recently attended conference was provided the Director of Human Resources; that subsequently, information was received indicating a local facilitator had conducted similar training on numerous occasions; that she recently participated in an excellent forum for which the local facilitator was extraordinary and did an excellent job; that the content and substance are key rather than the interrelationships with the public and others which may require government experience; however, a facilitator with local government experience will be hired if preferred by the majority of the Commission; that the information was provided the Director of Human Resources and not distributed to the other Commissioners sO the intormation could be provided fresh at the retreat; that the concept of the retreat is to address relationships among the Commissioners, between the Commission and the Charter Officials, and among the Charter Officials; that previous retreats have been attended, though not necessarily while on the Commission, which were considered wasted time; that the local facilitator was seen in a working situation, is extraordinarily capable, and could do an outstanding job; that the wishes of the majority of the Commission will be accepted; that the retreat is scheduled for September 30, 2003, which may not be possible if significant changes are made to the sample contract; and asked the recommendations of the City Manager, the City Auditor and Clerk, and the City Attorney, to whom the responsibility of arranging the retreat was initially given. City Manager McNees stated that proposed Resolution No. 03R-1649 for up to $2,500 in funding could be adopted; that the Commission will be made aware if September 30, 2003, is not possible or if additional funding is necessary. City Auditor and Clerk Robinson stated that the suggestion by the City Manager is acceptable. City Attorney Taylor agreed. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1649 in its entirety. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to appropriate $2,500 from the unappropriated fund balance of the general fund to fund the hiring of a facilitator to conduct a retreat for the City Commissioners and Charter Officials in the fall of 2003. Vice Mayor Martin asked if the facilitator who conducted the recent conference attended by Mayor Palmer might be available to facilitate the retreat? Mayor Palmer stated that the Mayor of North Glen, Illinois, and a City Manager facilitated the conference; that the conference was for two days; that the retreat could not cover all the information in one day; that the Administration will report back regarding the hiring of a facilitator. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 11. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SARASOTA AND ALBERT C. PONELEIT, TRUSTEE FOR CITY OWNED PROPERTY LOCATED AT 2440 17TH STREET = REFERRED TO THE ADMINISTRATION FOR A REPORT BACK FROM SARASOTA COUNTY (AGENDA ITEM VI-3) CD 3:56 through 4:08 Nancy Carolan, Director, and Robert Schanley, Procurement Specialist, General Services came before the Commission. Commissioner Bilyeu stated that the City-owned property located at 2440 17th Street should possibly be kept within the control of the City; that a significant amount of stormwater problems have arisen over the past few months in the general vicinity; that the City Engineer reviewed the site and determined the BOOK 54 Page 26056 09/02/03 2:30 P.M. BOOK 54 Page 26057 09/02/03 2:30 P.M. property was not adequate for stormwater use; that he previously held a seat on the Rosemary District Development Board (Board); that development of a stormwater management plan was a responsibility of the Board but was never developed; that stormwater problems exist in District 3 and in other areas of the City; that a significant amount of stormwater could be pumped into a large lake prior to treatment for release into Sarasota Bay; that the property located at 2440 17th Street is a substantial site; that the property is too far from the Downtown to mitigate stormwater in the Downtown but is located in a good area to mitigate stormwater on other streets with stormwater runoff problems; that Staff is requested to research the possibility. Commissioner Bilyeu continued that the sale price of the property is a concern; that the property is approximately two acres; that selling the property is not supported at this time; that more information is necessary; that the property could be used to provide a better stormwater system for the Cityi that assuring adequate infrastructure is the responsibility of the City; that he was not aware of the potential sale of the property until recently. Commissioner Atkins stated that the property is interesting; that major flooding has previously taken place in the 2300 to 2600 block of 17th Street; that the possibility of utilizing the property for stormwater mitigation is a good idea and should be considered; that Sarasota County is responsible for addressing stormwater problems in the area and should be made aware of the potential sale; that more stormwater problems will be created if the property is sold and a building is constructed. City Manager McNees stated that the understanding is the property has been considered for other uses; that stormwater has been previously identified as a use; that the property is irregular in shape; that no access is available to the property; that the property only has value to the adjacent property owners who can gain access; that the Administration can further research the possibility of using the property as stormwater mitigation. Ms. Carolan stated that meetings have been held with Sarasota County regarding stormwater management; that decisions were made at the Sarasota County level after a two year analysis as to the amount of the property necessary to retain for stormwater management; that the proposed stormwater retention pond on the west side of the property with some footage on either side for vehicles to perform maintenance was deemed sufficient; that an August 12, 2002, letter to the City from Steve Suau, General Manager, Stormwater Management, Sarasota County, included in the Agenda backup material, indicates the property is not appropriate for stormwater retention use. Mayor Palmer stated that the issue is rather confusing and should be placed on the Agenda for the September 15, 2003, Regular Commission meeting sO time is available to review any additional information necessary to make a decision regarding the sale of the property. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Sarasota County could come to the September 15, 2003, Regular Commission meeting or a meeting soon thereafter to provide additional information; that Commissioner Bilyeu is indicating a much larger area should be reviewed rather than solely the stormwater retention pond presently located on the property; that Sarasota County should identify if the entire property could be used for stormwater mitigation in the area. Vice Mayor Palmer asked if requesting Sarasota County to provide a report to the Commission as soon as possible is agreeable with the Commission? Vice Mayor Martin and Commissioners Atkins and Servian stated yes. Commissioner Servian asked if Sarasota County has met with City Staff since the flooding which has recently occurred on 17th Street? Ms. Carolan stated no. Mayor Palmer stated that more information is necessary prior to making a decision regarding sale of the property. Mr. Schneider stated that a date by which Sarasota County Staff can address the Commission regarding the stormwater issues will be determined; that the item will be placed on the Agenda of a Commission meeting. Mayor Palmer stated that hearing the Commission's agreement, approval of the Purchase and Sale Agreement for City-owned property located at 2440 17th Street will be referred to the Administration for a report back from Sarasota County. BOOK 54 Page 26058 09/02/03 2:30 P.M. BOOK 54 Page 26059 09/02/03 2:30 P.M. The following person came before the Commission: Chris Tritschler, 479 South Tamiami Trail, Nokomis (34275), came before the Commission and stated that the opportunity to speak is appreciated; that his client Albert C. Poneleit, has been gracious and long suffering regarding the sale of the property located at 2440 17th Street; that the process has been painfully slow; however, the City has moved diligently and thoroughly since the first offer on the property on October 1, 1999; that the Commission is reminded the property has been used over the years as an area to deposit rubble and refuse; that a significant amount of buried debris exists on the property; that the hope is the debris is mostly concrete from an old hotel; that the property is high due to the rubble and debris and the fill which has been placed on top; that the property is approximately chest level of the existing grade in the general area; that three years was spent waiting for Sarasota County to finalize a computer model to determine water could not flow up hill and the property would be an improper site for stormwater retention; that Sarasota County has thoroughly researched the potential of using the property for additional stormwater retention; that the City was previously informed the property is landlocked; that no one but the adjacent owner, Mr. Poneleit, has access to the property; that Mr. Poneleit is a logical user of the property and has been an employer in the City for years; that Mr. Poneleit employs a variety of people from entry level to management and would like to expand his business and stay in the City but will be forced to leave the City if the property is not acquired; that the hope is the Commission will consider the sale of the property in a timely fashion since four years have passed waiting to have the issue placed on the Agenda of a Commission meeting. Mayor Palmer stated that the issue will likely be back on the Agenda within a couple of weeks. City Manager McNees stated that the intent is to move the issue forward in a timely fashion. 12. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 4:05 through 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. Mayor Palmer stated that the individuals in the audience with signs are recognized; that the individuals" position concerning the Sarasota County Area Transit (SCAT) transfer facility is appreciated; that an opportunity to speak publicly does not exist at this time; that a public hearing will be held at the October 20, 2003 Regular Commission meeting; that a joint meeting will be held with the Sarasota Board of County Commissioners prior to that time. 13. PRESENTATION RE: : EMPLOYEE OF THE MONTH FOR AUGUST 2003, ALAN KEHRER, CREW FOREMAN II, PUBLIC WORKS DEPARTMENT L LANDSCAPE MAINTENANCE DIVISION (AGENDA ITEM VIII-1) CD 6:00 through 6:04 Mayor Palmer requested that William Hallisey, Director of Public Works, and Alan Kehrer, Crew Foreman II and Employee of the Month for August 2003, join her and the Commission at the Commission table. City Manager McNees stated that recognizing a noteworthy employee is a pleasure; that employees such as Mr. Kehrer make the City a special place. Mr. Hallisey stated that Alan Kehrer epitomizes an excellent Employee of the Month; that Mr. Kehrer sets an example for the City, facilitated a landscape and art project with a condominium association, maintained communication with the condominium association, and always demonstrates good customer service. Mayor Palmer presented Mr. Kehrer with a City-logo watch, a plaque, and a certificate as the August 2003 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts and for serving with excellence and pride. Mr. Kehrer recognized the following family members present in the audience: Vada, wife, and Logan, son. Mr. Kehrer thanked his coworkers for the support and cooperation. 14. PRESENTATION RE : MAYOR' S CITATION TO JOHN POPLE, NOBEL PRIZE RECIPIENT AND KNIGHT COMMANDER OF THE ORDER OF THE BRITISH EMPIRE (AGENDA ITEM VIII-2) BOOK 54 Page 26060 09/02/03 2:30 P.M. BOOK 54 Page 26061 09/02/03 2:30 P.M. CD 6:04 through 6:08 Mayor Palmer stated that Professor John Pople was awarded the Nobel Prize in Chemistry in 1998 by the Royal Swedish Academy of Sciences for his development of the quantum-chemical methodology now used in various branches of chemistry; that for his significant achievements and contributions to the scientific community, Professor Pople was invested as a Knight Commander of the British Empire by Her Majesty, Queen Elizabeth II of England, on July 8, 2003; that having Professor Pople as a member of the community is an honor; read in its entirety the Mayor's Citation recognizing John Pople, Noble Prize recipient and Knight Commander of the Order of the British Empire, and presented the Mayor's Citation to Professor Pople. Professor Pople stated that receiving the presentation is a pleasure; that Sarasota is now his permanent home; that many friends have been made in Sarasota; and thanked the City for the presentation. 15. SCHEDULED PRESENTATION RE : REQUEST TO ESTABLISH A PROCESS FOR BURIALS AND THE SALE OF BURIAL PLOTS IN THE CITY OF SARASOTA'S HISTORIC ROSEMARY CEMETERY - REFERRED TO THE ADMINISTRATION (AGENDA ITEM IX) CD 6:08 through 6:11 Deborah Dart and Judith Ball, members of the Rosemary Cemetery Committee, came before the Commission. Ms. Dart stated that the Rosemary Cemetery Committee (Committee) requests the City to establish a process for burials and future sale of vacant plots in the historic Rosemary Cemetery; that currently no process exists for burying a body or ashes in the Rosemary Cemetery; that the Rosemary Cemetery is an active cemetery; that some burials are recorded and some are not; that some funeral homes are aware of the City's ownership of the Rosemary Cemetery and contact the City Auditor and Clerk's Office concerning burial plots; however, often the Committee is contacted after a burial is completed as a family wishes only a record be kept of the burial; that some burials have occurred with no contact with the either the City or the Committee prior to the burial; that the City Auditor and Clerk's Office and the Committee are receiving requests for the purchase of plots; that approximately 360 of 740 burial plots remain unmarked or vacant; that the Committee requests the City establish a process to assist the community to best utilize the site and continue to preserve and protect the Rosemary Cemetery's historic merit. Mayor Palmer stated that the Commission can only refer items under Scheduled Presentations to the Administration; that hearing no objections, the request to establish a process for burials and the sale of burial plots in the Rosemary Cemetery is referred to the Administration for a report back. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4417, AMENDING CHAPTER 10, BEACHES AND WATERWAYS, OF THE SARASOTA CITY CODE, BY ADDING THERETO A NEW ARTICLE IV, WATER TAXIS; PROVIDING THE PROCEDURES FOR ISSUANCE, REVOCATION, SUSPENSION AND RENEWAL OF A WATER TAXI PERMIT; ; PROVIDING REGULATIONS FOR THE OPERATION OF WATER TAXIS; REPEALING ORDINANCES IN CONFLICT ; PROVIDING FOR THE SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) = PASSED ON FIRST READING WITH CHANGES (AGENDA ITEM X-A-1) CD 6:11 through 6:36 Mayor Palmer stated that proposed Ordinance No. 03-4417 is to amend Chapter 10, Beaches and Waterways, Sarasota City Code (1986 as amended), by adding a new Article IV, Water Taxis, Sarasota City Code; and opened the public hearing. Karin Murphy, Senior Planner II, Planning and Redevelopment Department, came before the Commission and stated that proposed Ordinance No. 03-4417 provides for the issuance, revocation, BOOK 54 Page 26062 09/02/03 2:30 P.M. BOOK 54 Page 26063 09/02/03 2:30 P.M. suspension, and renewal of water taxi permits; that the proposed Ordinance provides for regulations of the operation of water taxis; that the City desires to provide alternative modes of transportation and connectivity between the amenities located in the City; that a plan for blueways and water taxis is incorporated in the Parks + Connectivity Master Plan; that regulations regarding water taxis should be in place within the municipal limits to protect the public health, safety, and welfare; that the proposed Ordinance provides the following: definitions of terms requirements for a permit - an application which screens for problems requirements for filing applications with the City Auditor and Clerk's Office a non-refundable fee Ms. Murphy continued that a permit fee has not been set; that the permit fee will be set through a resolution; that a resolution for the permit fee will be placed on an Agenda of a future Commission meeting; that the application shall contain the following: information regarding the identity of the applicant names and locations of additional water taxis in operation description of the vessel including Florida vessel registration with the United States Coast Guard license a list of all captains a description of the location of each water taxi when not in operation a description of the routes and locations for boarding and discharging passengers the maximum hours of operation the applicant is seeking a certificate of insurance Ms. Murphy further stated that Commission review of the permit application will be subsequent to determination by the City Auditor and Clerk's Office the application packet is complete; that the application will be placed on the first available Agenda of a Regular Commission meeting as a public hearing; that the Commission will make findings of fact; that the public will have the right to be heard regarding water taxi permit applications; that the Commission will approve or reject the permit application based on the applicant's demonstration of the existence of proper equipment and personnel to operate a safe and high quality water taxi operation; that the Commission will wish to ascertain adequate parking is available in the vicinity of the location for boarding and discharging. Ms. Murphy stated further that the water taxi permit will be an annual permit renewable by a fee; that the permit will contain conditions for approval; that permissible routes for water taxis shall be specifically set by the Commission; that under no circumstances shall the Commission issue a permit which permits boarding and/or discharging of water taxi within 500 feet of the mean high water mark of waterfront residential single-family property; that each water taxi shall post a sign in the vessel which clearly explains the fare for use of the vessel; that revocation or suspension of a permit is through testimony at a public hearing. Ms. Murphy stated that the prohibitions as developed at Commission Workshops are as follows: No loudspeakers or amplified sound except for emergencies = Limited spotlight use for safety only = No direct beach poarding/discharge - No operation within designated swimming areas = No operation without insurance No operation without posted permit No operation in excess of occupancy, as defined by the boat manufacturer No advertising of any nature other than to designate the vessel as a water taxis No airboats Ms. Murphy continued that the proposal was previously to link water taxis with the trolley system to provide natural mutual support for the ridership; that the hope was to develop transportation hubs; however, the County decided not to fund the trolley system; that Staff has incorporated water taxis and trolleys in the strategic planning process as part of the Transportation chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that Staff cannot BOOK 54 Page 26064 09/02/03 2:30 P.M. BOOK 54 Page 26065 09/02/03 2:30 P.M. proceed further regarding mass transit until policy direction is received. Vice Mayor Martin stated that boarding and discharging within 500 feet of the mean high water mark of residential waterfront property is allowed if permission is received; and asked by whom the permission must be granted? Ms. Murphy stated that permission must be granted by the property owner or tenant. Vice Mayor Martin asked for clarification of the permission required from other waterfront residences within 500 feet. Ms. Murphy stated that permission must be received from all owners or tenants within the 500 foot restricted area. Vice Mayor Martin stated that the use of loud speakers is not allowed with the exception of an internal intercom system; that live music is not allowed; that the Commission could consider allowing live music with the issuance of a special permit by the Administration. Ms. Murphy stated that flexibility is encouraged. Vice Mayor Martin stated that live bands should not be entirely precluded; that special permits could be issued to allow live music on water taxis. Ms. Murphy stated that language providing flexibility for live music can be prepared for second reading of the proposed Ordinance. Vice Mayor Martin stated that the advertising prohibition will preclude a water taxi from exhibiting a company name or logo. Ms. Murphy stated that language in the proposed Ordinance can be revised to allow exhibiting company names and logos. Commissioner Servian stated that unamplified music should be allowed on the water taxis to preclude boredom; that advertising can be limited by size; that identification of the owner of a water taxi is important; and asked the method of determining disregard for public safety? Ms. Murphy stated that the understanding is receipt of a citation from a law enforcement agency. Commissioner Servian asked if not defining disregard for public safety will create problems? Ms. Murphy stated that the City Attorney's Office can clarify the definition of disregard for public safety. Commissioner Servian asked if notice of revocation or suspension of a permit should be made by certified mail? City Attorney Taylor stated that certified mail or hand delivery is appropriate. Commissioner Bilyeu asked if adding a stop or a new route requires approval by the Commission? Ms. Murphy stated yes; that approval would be by an amendment to the water taxi permit. Commissioner Bilyeu asked the size of water taxis? Ms. Murphy stated that water taxis are of various sizes; that some water taxis are the size of a ferry. Commissioner Servian stated that the proposed Ordinance provides water taxis must be able to go under unraised drawbridges. Mayor Palmer stated that to reiterate, the Commission's consent is to incorporate the following changes in proposed Ordinance 03-4417: Section 10-71(A) (6), Exhibited a disregard for the public safety - add language to reflect disregard will be determined upon a Water taxi operator's receipt of Coast Guard or police citation. Section 10-71 (B) insert notice of revocation or suspension of a permit shall by Certified Mail or hand delivery - Section 10-78 (A), Prohibited Acts - revise to allow for flexibility for music and an internal intercom Section 10-78 (J), Prohibited Acts revise language to allow advertising BOOK 54 Page 26066 09/02/03 2:30 P.M. BOOK 54 Page 26067 09/02/03 2:30 P.M. Ms. Murphy stated that using the terminology of "special permit" is not desired; that making a specific finding in the application approval process is preferred. Vice Mayor Martin stated that precluding live music completely is not desired. Commissioner Atkins stated that imposing restrictions early in the process is not desired; that allowing a process to evolve often results in success; that an evolution should occur rather than imposing significant restrictions from the beginning. Mayor Palmer opened the public hearing. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4417 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4417 with the changes indicated by the Mayor on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes Servian, yes; Atkins, yes; Bilyeu, yes. Mayor Palmer requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decisions on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that timelimits will be established; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. 17. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4487, TO REZONE A 2.07 ACRE SITE LOCATED AT 2500 CENTRAL AVENUE FROM THE GOVERNMENTAL (G) ZONE DISTRICT TO THE COMMERCIAL NEIGHBORHOOD DISTRICT (CND) ZONE DISTRICT AND TO REZONE AN 11.5 ACRE SITE LOCATED AT 2200 AND 2201 JANIE POE DRIVE AND 1485 224D STREET FROM THE GOVERNMENTAL (G) ZONE DISTRICT TO THE RESIDENTIAL MULTIPLE FAMILY-5 (RMF-5) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 03-RE-11, APPLICANT WILLIAM MERRILL, III AS AGENT REPRESENTING SARASOTA HOUSING AUTHORITY) PASSED ON FIRST READING SUBJECT TO THE CONDITION BUILDINGS ON SITE B SHALL BE LIMITED TO NOT MORE THAN 55 FEET IN HEIGHT (AGENDA ITEM X-B-1) CD 6:36 through 6:53 Mayor Palmer stated that the Sarasota Housing Authority (SHA) proposes to rezone the SHA's property on which the Janie Poe public housing complex is located at 2500 Central Avenue and 2200 and 2201 Janie Poe Drive and 1485 22nd Street in anticipation of filing a HOPE (Housing Opportunities for People Everywhere) VI grant application later in the year 2003. City Attorney Taylor stated that the recommended time limits are ten minutes for the Applicant's and five minutes for rebuttal and seven minutes for the City's presentation and five minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have five minutes to speak. Mayor Palmer stated that hearing no objections, the recommended time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. Commissioner Bilyeu left the Chambers at 6:37 p.m. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Commissioner Bilyeu returned to the Chambers at 6:40 p.m. William Merrill, III, Attorney, law. firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., and Rudy Vazmina, Executive Director, Sarasota Housing Authority (SHA), came before the Commission. Attorney Merrill stated that Rezone Application No. 03-RE-11 as incorporated in proposed Ordinance No. 03-4487 is to rezone the SHA's property on which the Janie Poe public housing complex is BOOK 54 Page 26068 09/02/03 2:30 P.M. BOOK 54 Page 26069 09/02/03 2:30 P.M. located, which is approximately 13.57 acres with 128 public housing units; that the property has been divided into two parcels as Site A comprised of 2.07 acres and Site B comprised of 11.5 acres; that the entire property was previously designated in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) as in the Multiple Family (Moderate Density) Future Land Use Classification; that an amendment to the City's Comprehensive Plan was processed in early 2003 to change the designation for Site A to the Neighborhood Commercial and Site B to the Multiple Family (Medium Density) Future Land Use Classifications allowing increased density and mixed use; that the entire parcel is currently in the Governmental Use (G) Zone District; that the request is to rezone Site A to the Commercial Neighborhood District (CND) Zone District and Site B to the Residential Multiple Family 5 (RMF-5) Zone District; that the property north of the site is in the Commercial Business Newtown (CBN) Zone District; that commercial uses surround the site. Attorney Merrill continued that SHA's statutory duty is to provide decent, safe, and sanitary living conditions for persons of low income by providing improved housing stock, additional housing stock, and economic opportunity for low-income individuals, which is the purpose of proposed Ordinance No. 03-4487; that new housing will be provided for a variety of income levels; that through the HOPE VI grant or the SHA's Revitalization Plan currently being developed, new and improved housing stock will be provided; that additionally, the contemplation is to provide very low income, low income, and moderate income housing in the same area; that the CND Zone District for Site A will allow for a mix of residential with light commercial uses to serve the surrounding area which is consistent with the City's Comprehensive Plan and furthers the objectives of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that Site A currently has 24 units; that the CND Zone District will allow 26 units on Site A in the mixed commercial district; that mixed use, varied income levels, and privately owned and rental units support the HOPE VI application, which is the primary reason for the request; that Staff recommends approval of the proposed Ordinance and indicates the request is consistent with the City's Comprehensive Plan and compliant with applicable zoning standards; that all necessary infrastructure and services exist and all applicable facilities will continue to operate at or above the adopted level of service for the area; that the Planning Board/Local Planning Agency (PBLP) also found the request consistent with the City's Comprehensive Plan and recommended approval of the proposed Ordinance subject to a change in the building height restriction for Site B to 55 feet for the entire site; that the Commission is requested to adopt proposed Ordinance No. 03-4487. Mayor Palmer requested that Staff come forward for the City's presentation. Harvey I Senior Planner, Planning and Redevelopment Department, came before the Commission, referred to a map of the area displayed on the Chamber monitors, and stated that property to the north is designated in the Commercial Neighborhood District (CND) Zone District and the remainder Multiple Family (Medium Density) Future Land Use Classification; that the requested rezonings are consistent with the implementing zone districts for the Future Land Use Classifications; that at the July 16, 2003, meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously by a 4 to 0 vote to find proposed Ordinance No. 03-4487 consistent with the City's Comprehensive Plan and satisfies the applicable standards for review in the Loning Code (2002 Ed.), and recommends approval of proposed Ordinance No. 03-4487 subject to the condition the buildings on Site B shall be limited to not more than 55 feet in height. Vice Mayor Martin asked if buildings in surrounding zone districts are limited to 35 feet in height? Mr. Hoglund stated that the belief is a 35 foot building height restriction exists in the surrounding zone districts. Vice Mayor Martin asked the method of determining a 55 foot height? Mr. Hoglund stated that height is determined by measuring from grade to the mid line of a peaked roof or the top of a flat roof or the parapet. Mayor Palmer asked the reason for raising the height restriction? Attorney Merrill came forward and stated that the 100 foot boundary of Site B allows buildings up to 45 feet high and interior heights of 90 feet; that Staff agreed to allow flexibility regarding site plan alternatives; that no buildings of 90 feet are contemplated; that the height restriction was raised on the entire site to 55 feet rather than 45 feet; that BOOK 54 Page 26070 09/02/03 2:30 P.M. BOOK 54 Page 26071 09/02/03 2:30 P.M. the height restriction on the remainder of the site was reduced from 90 feet to 55 feet. Vice Mayor Martin asked if 55 feet is equivalent to a four-story building? Attorney Merrill stated yes; that the height restriction is 35 feet on the property to the east of the property. Attorney Merrill continued that Staff contributed significant time and effort to save costs which is appreciated. Mayor Palmer stated that the City is working closely with the SHA to ensure the HOPE VI program is funded. Mayor Palmer stated that the City has no rebuttal; that no one has signed up to speak as an interested person; asked for Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4487 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4487 on first reading subject to the condition that the buildings on Site B shall be limited to not more than 55 feet in height. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yesi Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. 18. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4489, TO REZONE A 1.5 ACRE PARCEL OF PROPERTY LOCATED AT 1156 FIRST STREET AND 1153 & 1163 GULF STREAM AVENUE FROM THE RESIDENTIAL MULTIPLE FAMILY-6 (RMF-6) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; APPROVING SITE PLAN APPLICATION NO. 03-SP-23 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING TO PERMIT THE CONSTRUCTION OF A 128 UNIT RESIDENTIAL CONDOMINIUM ON THE ABOVE DESCRIBED PROPERTY AND ALSO UPON ADJACENT PROPERTY TO THE EAST HAVING A STREET ADDRESS OF ONE (1) NORTH TAMIAMI TRAIL; AMENDING ORDINANCE NO. 00-4257 TO REFLECT THE APPROVAL AND SUBSTITUTION OF SITE PLAN APPLICATION NO. 03-SP-23 FOR PREVIOUSLY APPROVED SITE PLAN APPLICATION NO. 00-SP-24 PERTAINING TO THE CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY LOCATED AT ONE (1) NORTH TAMIAMI TRAIL; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-12, 03-ROA-02 AND 03-SP-23, APPLICANT BRENDA L. PATTEN, ESQ. / AS AGENT REPRESENTING METROPOLITAN SARASOTA, LID., A FLORIDA LIMITED PARTNERSHIP, AS OWNER) - PASSED ON FIRST READING SUBJECT TO CONDITIONS (AGENDA ITEM X-B-2) CD 6:54 through 8:34 Mayor Palmer stated that proposed Ordinance No. 03-4489 rezones a 1.5 acre parcel of property located at 1156 First Street and 1153 and 1163 Gulf Stream Avenue from the Residential Multiple Family 6 (RMF-6) to the Commercial Central Business District (CCBD) Zone District. City Attorney Taylor stated that the Applicant has requested fifteen minutes for a presentation with ten minutes for rebuttal; that the recommendation is for the City to have ten minutes for presentation with five minutes for rebuttal; and five minutes for interested personsi that no one has filed for certification as an Affected Person. Mayor Palmer stated that hearing no objections, the timelimits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Servian stated that conversations were held with members of the Bayfront Ad Hoc Traffic Committee relative to the concern regarding the availability of sufficient right-of-way at the intersection of Gulf Stream Avenue and US 41. Vice Mayor Martin stated that he was introduced to the developer, Richard Zipes. Mayor Palmer stated that she was introduced to Mr. Zipes; that the Commissioners have received mail which City Auditor and Clerk Robinson maintains for the record. Commissioners Atkins and Bilyeu stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. BOOK 54 Page 26072 09/02/03 2:30 P.M. BOOK 54 Page 26073 09/02/03 2:30 P.M. Brenda Patten, Attorney, law firm of Kirk-Pinkerton, and Charles Sieger, Architect, Sieger Suarez Architectural Partnership came before the Commission. Attorney Patten stated that proposed Ordinance No. 03-4489 incorporates Rezone Application No. 03-RE-12; that the proposed project, The Metropolitan condominium development, will be located at the intersection of Gulf Stream Avenue and Tamiami Trail, which is a very important entrance point to the City, St. Armands Circle, and Longboat Key, and deserves a signature building; that The Metropolitan is an exceptional building and will continue the trend of high quality, well-designed upscale residences in the Bayfront area; that architects continue to refine the concept. Attorney Patten distributed copies of revised drawings of the structure and stated that minor changes have been made to the location of windows and balconies and the design of the cupolas; that the changes do not change the footprint, height, or number of units. Mr. Sieger stated that the curved vertical section of glass of the partial dome structure of the roof is the major area of change; that other changes are window alignments and adding a small balcony on the façade. Attorney Patten stated that The Metropolitan will consist of 128 condominium units in 18 stories over one level of parking; that the height of the building will be 180 feet above the Federal Emergency Management Agency (FEMA) flood level; that the roof, mechanical rooms, and ornamental detail will add an additional 35 feet to the height of the building; that the Zoning Code (2002 Ed.) requires 160 parking spaces for the 128 units in the project; that the developer is providing 217 parking spaces to accommodate guest parking; that the only entrance to the development will be from Ritz-Carlton Drive; that the developer will close off all existing curb cuts along Gulf Stream Avenue and Tamiami Trail on the western portion of the site; that eliminating the access points will significantly reduce traffic; that the site consists of 2.89 acres and includes a parcel in the Commercial Central Business District (CCBD) Zone District and a parcel in the Residential Multiple Family 6 (RMF-6) Zone District; that the parcel in the RMF-6 Zone District is the location of the Weissgerber House; that Staff has performed an exceptional job on the project, particularly with regard to the Weissgerber House; that Staff organized a tour of the property for interested parties and also orchestrated a special meeting of the Board of Adjustment to determine a relocation site for the Weissgerber House; that the developer is working with an individual to move the Weissgerber House to a site at the corner of Cocoanut Avenue and Second Street; that Staff went above and beyond the call of duty to relocate the Weissgerber House; that the developer was not required to make a photographic record of the Weissgerber House unless the house was razed; that a photographic record was provided by the developer; that working with a developer who is doing the right thing although not required is a pleasure; and distributed a copy of the photographic record of the Weissgerber House. Attorney Patten continued that to the east of the Weissgerber site, 1.4 acres are in the CCBD Zone District; that in March 2001, the Commission approved a project called the Ringling Tower for the site; that Ringling Tower is an intense mixed-use project including 72 condominium units, 13,400 square fee of retail space and 24,680 square feet of office space; that Staff estimated the Ringling Tower project would generate 86 p.m. peak hour trips which was determined de mimimis; that The Metropolitan will produce 71 p.m. peak hour trips; that the proposed project will generate less traffic than prior uses and the Ringling Tower project; that the plans for the Ringling Tower project remains valid until 2005. Attorney Patten referred to drawings indicating the dimensions of buildings which could be located on the building site displayed on the Chamber monitors; and stated that the building for the Ringling Tower project on the parcel in the Commercial Central Business District (CCBD) Zone District is oriented north to south; that the remaining vacant property in the Residential Multiple Family 6 (RMF-6) Zone District is eligible for an additional project oriented north to south if the Ringling Tower project is developed; that two projects on the property would create significant density and intensity than the Ringling Tower; that the proposed project will have significantly less density and intensity; that the proposed building has been pushed back to the north to create a view corridor for the one Watergate condominiums. Attorney Patten further stated that Staff prepared an excellent Staff Report; that the Staff Report indicates the project is consistent with each chapter of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the Staff Report indicates some neighbors may perceive the project will BOOK 54 Page 26074 09/02/03 2:30 P.M. BOOK 54 Page 26075 09/02/03 2:30 P.M. contribute to traffic and drainage problems; however, the City's technical experts predict otherwise; that the Staff Report indicates both traffic congestion and stormwater drainage are areawide problems which redevelopment of the site would alleviate, but not eliminate; that the site currently has no stormwater management system; that stormwater from the site drains on to US 41 and Gulf Stream Avenue; that the plan for The Metropolitan will create a stormwater management system which will control and treat the stormwater runoff; that the project will be an improvement to the drainage and stormwater situation. Attorney Patten stated further that the proposed project has a de minimis traffic impact; that the project will have less impact and density than the existing uses and the Ringling Tower project; that the Site Plan conforms to requirements of Zoning Code (2002 Ed.); that the developer agrees to and accepts the proposed Ordinance prepared by Staff; that approving the rezoning and site plan is requested. Commissioner Servian asked if the developer coordinated with Staff regarding the Downtown Sarasota Mobility Study (Mobility Study) and future impacts at the intersection of US 41 and Gulf Stream Avenue? Attorney Patten stated yes; that several versions of the site plan were submitted to Staff; that the development was moved to a location on the site which will accommodate any outcome of the Mobility Study. Mayor Palmer stated that the Ringling Tower project required a dedication of property for improvements to traffic lanes. Attorney Patten stated that is correct; that the dedication requirement arose in the approval of the Ritz-Carlton project for construction of an extra turn lane on US 41 commencing at Fruitville Road south to Gulf Stream Avenue heading west; that the land was dedicated by the owner of the Holiday Inn site; that the turn lane has been constructed by the developer of the Ritz-Carlton project; that the Site Plan for the proposed project accommodates additional turning movements; that the developer agrees to dedicate the sidewalks on the proposed project for public use. Mayor Palmer asked if the property owner will dedicate the land for the public improvements? Attorney Patten stated yes. Mayor Palmer stated that the amount of land dedicated for the public should conform with the requirements of the Mobility Study. Attorney Patten stated that the developer is required to make a dedication for any public improvement shown on the site plan. Vice Mayor Martin asked the disposition of the trees removed from the property? William Eager, ASLA, Sieger Suarez Architectural Partnership, came before the Commission and stated that approximately 88 trees meeting the City's requirements exist on the site; that the developer will attempt to relocate acceptable trees to City parks or properties; that 43 of the trees are Sabal Palms which are native; that the remainder of the trees are non-native species; that the developer proposes to replant 97 trees to mitigate the removal of the 88 trees; that 85 of the 97 trees will be native trees; that an additional 125 trees will be added to the property as part of the landscaping plan. Vice Mayor Martin stated that the Sabal Palms are transplantable and usable elsewhere. Mr. Eager stated that is correct; that the City can determine the trees desired for transplanting in the City. Vice Mayor Martin asked if other native trees such as Live Oaks exist on the property? Mr. Eager stated that one Oak tree exists on the property. Mayor Palmer requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission and stated that a significant number of individuals attended a neighborhood meeting concerning the project held in April 2003; that traffic and drainage were the primary concerns of the individuals in attendance; that the proposed project is a positive step as traffic peak hour impact and stormwater management and disposal will improve existing conditions; that the proposed project will not solve the problems as drainage and stormwater runoff are areawide problems; that the proposed project will have less BOOK 54 Page 26076 09/02/03 2:30 P.M. BOOK 54 Page 26077 09/02/03 2:30 P.M. impact and density than the existing uses and the proposed Ringling Tower project; that no driveways will be on Gulf Stream Avenue or US 41 which is an ideal circumstance regarding traffic management; that poor drainage is due to lack of gradient between US 41 and the Bay; that water captured on the site will be stored in a vault and discharged at slower rates reducing the impact on the surrounding area; that redevelopment of the site is a positive step for drainage and stormwater problems; that the orientation of the building is along an east-west axis rather than north-south allowing for a good view corridor; that locations will be found for transplanting trees removed from the site; that losing the Weissgerber House would be a tragedy; that the Weissgerber House will be saved; that Staff should be given the opportunity to review the revised plans submitted earlier in the meeting by the Applicant. Mr. Hoglund continued that at the July 16, 2003, meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously by a 4 to 0 vote to find Rezone Ordinance Amendment 03-ROA-02, Rezone Application No. 03-RE-12, and Site Plan Application No. 03-SP-23 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the Tree Protection Ordinance, satisfies applicable standards for review in the Zoning Code (2002 Ed.), and to recommend approval of proposed Ordinance No. 03-4489 subject to the following conditions: 1. The site plan shall be in compliance with those labeled The Metropolitan. 2. The Applicant shall provide a copy of any State or Federal required permits to the City Engineer and Director of Building, Zoning and Code Enforcement. 3. The Applicant shall submit a Construction Staging Plan. 4. The Applicant shall agree to maintain, replace, and/or repair all improvements within the public right-of- way. 5. The owner agrees to donate the structure at 1156 First Street to a qualified recipient. 6. The Applicant shall dedicate or provide a public easement for sidewalks and public improvements. 7. The Applicant shall obtain a Tree Removal Permit. Commissioner Servian asked the location to which water is discharged from the proposed project's stormwater vault? Mr. Hoglund stated that the stormwater flows into the drainage system in US 41. Vice Mayor Martin stated that a significant number of areas to enter and exit provides an outlet for traffic and relieves congestion which is a positive; and asked the result of eliminating ingresses and egresses on secondary streets? Osama Freija, Traffic Manager, Engineering Department, came before the Commission and stated that eliminating driveways is a cleaner, smoother way of dealing with traffic; that eliminating driveways minimizes conflict points along US 41 and Gulf Stream Avenue providing a continuous traffic flow; that the Florida Department of Transportation (FDOT) preferred eliminating driveways. Vice Mayor Martin stated that traffic will continue to stack up at the remaining driveways of the proposed project. Mr. Freija stated that residents of the proposed project will enter and leave at different times; therefore, traffic congestion will not occur. Vice Mayor Martin asked if sufficient space exists for traffic management at Gulf Stream Avenue and US 41? Mr. Freija stated yes; that designs are often refined; that every effort has been employed to accommodate a roundabout which may be built in the future. Commissioner Servian asked the manner to exit the property and drive. north on, US 41? Mr. Freija stated that drivers now exit Ritz-Carlton Drive, turn right into the existing left lane, and make a U-turn; that Staff prefers traffic be directed to the left turn lane at the signalized intersection of Gulf Stream Avenue and US 41 and make a U-turn; that the FDOT will make a final determination for traffic flow; that the problem is a reason a roundabout will be more appropriate. BOOK 54 Page 26078 09/02/03 2:30 P.M. BOOK 54 Page 26079 09/02/03 2:30 P.M. Mayor Palmer requested that interested persons come forward; and the following interested persons came before the Commission: Mark Famiglio, 1247 Mandally Point (34242), stated that an agreement is being negotiated with Mr. Zipes for moving the Weissberger House. Commissioner Servian asked the timeframe for the move? Mr. Famiglio stated that the move will be completed in 20 to 30 days. John Sandefur, representative of Sarasota Bay Front Condominium Association, 1233 North Gulf Stream Avenue, Suite 100 (34236), stated that sufficient information has not been provided to form an opinion regarding the proposed project; that the rezoning or site plan is not opposed; that a continuance is requested in order to obtain additional information to ascertain sufficient right-of-way exists to accomplish the Downtown Sarasota Mobility Study (Mobility Study) roundabout or the contemplated roadway improvement of the 1999 Concurrency Development Agreement; that a canyon of right-of-way is being created between large buildings. Mr. Sandefur referred to a drawing displayed on the Chamber monitors entitled Metropolitan Plan 5/03, Vehicles Paths and Sight Distances Overlaid with Mobility Study, August 5, 2003, Three Leg Roundabout; and stated that approximately six feet exists from the edge of the right turn at US 41 and Gulf Stream Avenue to the corner of The Metropolitan; that the roundabout is against the steps to the Sarasota One Tower; that a drawing by the Engineering Department depicting future traffic plans is requested; that the Mobility Study indicates six traffic lanes on US 41; that the present right-of-way is 67 feet 10 inches; that additional space will be required if six traffic lanes at 12 feet each and a four foot center divider is required; that more information is required to be comfortable with the proposed project. George Dramis, Attorney, representing residents at Ritz Carlton, 535 South Palm Avenue (34236), stated that the Ritz Carlton Homeowners Association has concerns regarding the proposed project; that the developer has addressed and alleviated many concerns; that the City should take extra time to ensure the Mobility Study can be accommodated within the remaining land subsequent to the development of the proposed project; that a drawing or certification in some fashion should be provided to the Commission to confirm the Mobility Study can be achieved subsequent to completion of the project; that Attorney Patten indicated any known outcome of the Mobility Study is taken into account in the site plan; that having an excellent Mobility Study if roadways cannot be built subsequent to the completion of the proposed project makes little sense; that Staff has not indicated the proposed project will accommodate the recommendations of the Mobility Study; that a continuance is requested to review the issue or to make the rezoning conditional upon any known outcome of the Mobility Study. Mollie Cardamone, 1116 Yale Avenue (34236), stated that the Ringling Tower project was previously approved with little opposition; that no nearby neighbors appeared in objection to the project; that traffic would be reduced in the area with the development of the proposed project; that the change would be a significant positive for the neighborhood and Cityi that The Metropolitan project adds more positives to the area and City; that the Ringling Tower and a project of similar size and impact on the property to the west would create a negative impact on density, traffic, and general ambiance to the location; that The Metropolitan comes to the City with the following: 1. The developer has a sincere desire to be cooperative and compatible and provide a design which protects the views of One Watergate which is a significant improvement over the Ringling Tower project. 2. Developing both parcels as one project will result in vast improvements in the stormwater runoff and flooding as no control or attenuation currently exists on the site. 3. The Ringling Tower project sought to maximize the one parcel with a mixed-use project of retail, meeting rooms, restaurants, office space, and residential; however, The Metropolitan on both lots is residential only. Ms. Cardamone continued that Staff has worked diligently to prevent new development from being a problem to the surrounding area; that The Metropolitan developer is aware of past problems created with a new development squeezed into one area; that no negative aspect exists regarding development of The Metropolitan; that testimony from Staff is proof enough the project will meet the potential requirements or options of the Mobility Study; that delay of the proposed project should not be BOOK 54 Page 26080 09/02/03 2:30 P.M. BOOK 54 Page 26081 09/02/03 2:30 P.M. an option; that The Metropolitan project is far superior to the previously approved project; that the project meets all definitions for compatibility with the neighborhood; that the Commission has not heard any competent, substantial evidence to deny the project; that approving the project is encouraged. Michael Vizvary, Representative of Bayfront Condominium Association Traffic Committee, 2319 Aubrey Lane (34233), stated that The Metropolitan site plan and rezoning are not opposed; that The Metropolitan project is wonderful and an excellent addition to Downtown; that the Commission is requested to delay approval of the project and direct Staff to ensure sufficient right-of-way exists on the west side of US 41 and the north side of Gulf Stream Avenue to allow adequate additional turn lanes required by existing development agreements, concurrency law, and the future roundabout; that the Bayfront Condominium Association Traffic Committee (Committee) found Staff to be positive, open minded, and cooperative in considering improvements to relieve congestion as follows: 1. Close the eastern leg of Gulf Stream Avenue between US 41 and Banana Place. 2. Widen Gulf Stream Avenue along the southern side between Sunset Drive and US 41 to provide a continuous eastbound to southbound right turn lane. 3. Convert the existing eastbound through lane along Gulf Stream Avenue at US 41 to a third eastbound to northbound left turn lane. 4. Convert the center left turn lane to northbound on US 41 becoming the third receiving lane for the eastbound to northbound left turn at Gulf Stream Avenue and US 41. Mr. Vizvary continued that hopefully, the changes can be made relatively inexpensively and quickly; that the Committee has requested the City begin serious entorcement of executed development agreements relating to US 41, State Road 789, and Fruitville Road; that the Committee objects to any further delay in enforcing development agreements; that the Committee requests delaying approval of the proposed project allowing Staff to ensure adequate right-of-way for the long term solution of the roundabouts and to approve the proposed short term improvements which can be completed during construction of The Metropolitan. Mayor Palmer requested that the Applicant come forward for rebuttal. Attorney Patten came thanked speakers for the positive comments regarding the proposed project, and stated that the Mobility Study was thoroughly discussed during the Planning Board/Local Planning Agency (PBLP) public hearing; that The Metropolitan site plan has been designed to accommodate the outcome of the Mobility Studyi that Staff was adamant the proposed project accommodate the Mobility Study options; that the approved Ringling Tower project can be built through the year 2005 without any further contact with the City if The Metropolitan project is not approved; that the Weissgerber House will be lost if the Ringling Tower project is built; that the benefit of the proposed Metropolitan project is the combination of two properties into one construction site; that the Commission's decision must be based on substantial, competent evidence; that the interested persons speaking are not engineers or traffic experts; that Staff has advised the Commission The Metropolitan site plan will accommodate options proposed in the Mobility Study; that the developer has worked with Staff for months to determine concurrency between the proposed project and the Mobility Study; and requested approval of the proposed project. Mayor Palmer requested that Staff come forward for rebuttal. Mr. Freija came forward, referred to a Mobility Study draft handbook displayed on the Chamber monitors; and stated that Staff worked diligently with representatives of the developer to accommodate the future roundabout; that the Mobility Study indicates six lanes are required; that currently five lanes exist at the intersection of US 41 and Gulf Stream Avenue; that closing the Gulf Stream Avenue left turn will provide a through lane; that currently a right turn lane, a left turn lane, and two through lanes exist; that a narrower lane will be required if the roundabout is designed for 15 to 25 miles per hour; that ten foot lanes will be sufficient for the approach lanes; that sufficient right-of-way exists to design the appropriate tapering and delineation required to enter the roundabout; that Staff worked with The Metropolitan Developer to accommodate a future roundabout if required; that the consultant's cost estimate for the right-of-way is approximately $450,000; that Staff has refined the cost estimates for the roundabout; that that the attempt is to minimize the use of greenspace to the south; that the roundabout can be situated more south and BOOK 54 Page 26082 09/02/03 2:30 P.M. BOOK 54 Page 26083 09/02/03 2:30 P.M. tapered if necessary; that Staff is comfortable the roundabout can currently be accommodated without a design phase. Mayor Palmer asked the status of the improvements required by the agreement with the proposed Ringling Tower project? Mr. Freija stated that an option outlined by the Bayfront Condominium Association Traffic Committee indicates a triple left turn which has been approved and can be developed by the Ritz Carlton developer; that a small amount of greenspace may be sacrificed to accommodate a triple left turn lane; that a third lane can be accommodated for the third lane without acquiring additional right-of-way; that the FDOT requirement and design standards require installation of a four foot median for a triple left turn. Mayor Palmer stated that the corner at Gulf Stream Drive and US 41 of the proposed Metropolitan project property is being addressed. Mr. Freija stated that the proposed traffic project has been approved by FDOT; that the project submitted to the Sarasota/Manatee Metropolitan Planning Organization (MPO) through the Congestion Management System project is funded; that merely changing the description of the project is required if the roundabout is desired; however, the third lane could be accommodated without acquiring additional right-of-way. Mayor Palmer stated that the point is changes can be made if the changes can be accommodated by the configuration of the traffic project. Mr. Freija stated that two scenarios were considered; that the triple left turn will cause no further destruction to the proposed traffic project; that the roundabout will cause no further destruction to the sidewalk. Commissioner Servian stated that forever is a long time; that not knowing the roundabout will be approved by the FDOT is a concern; that the triple left turn will not require acquiring additional right-of-way; that shifting the roundabout west and south requires a reconfiguration of the lanes and the roadways will not align properly. Mr. Freija stated that the configuration will depend on the speed design of the roundabout; that a slow speed will be one design parameter; that lanes entering the roundabout will reduce speed; that conceptually, the overall idea of having a two lane roundabout as intended for the intersection will work and fit within the existing right-of-way; that the developer of The Metropolitan was requested to move the building farther back to provide future right-of-way if required. Richard Zipes, a principal of Metropolitan Sarasota, Ltd., stated that working with Staff has been wonderful; that meeting the City's requirements from inception of the proposed project was attempted; that discussions regarding a Mobility Study and a traffic circle could continue for another six years; that his personal agenda is to make the corner at Gulf Stream Avenue and US 41 the nicest corner in the City; that the proposed project will be the nicest building on the west coast of Florida; that approximately $4 to $5 million of annual. tax revenue will be generated upon completion of the proposed project; that any delay will be terrible; that a sales pavilion including a full- size model will be constructed on site; that delay will preclude building a pavilion; that working with the neighbors and Staff will continue. There was no one else signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4489 by title only. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4489 on first reading. Commissioner Bilyeu stated that hearing positive comments regarding Staff is pleasing; that personal comfort exists with Staff's studies and conclusions regarding traffic; and thanked Staff and Mr. Famiglio for efforts in preserving the Weissberger House; and thanked Mr. Zipes for coming to the City in a sincere fashion. Vice Mayor Martin stated that the proposed project is elegant; that the developer has been sensitive to ensure the proposed project works with adjacent parcels and property owners; that solutions exist for traffic problems; and thanked the Bayfront BOOK 54 Page 26084 09/02/03 2:30 P.M. BOOK 54 Page 26085 09/02/03 2:30 P.M. Condominium Association Traffic Committee for suggesting solutions to relieve traffic problems. Commissioner Servian stated that the residents along the Bayfront require assurance sufficient right-of-way will exist; that the hope was to wait two weeks to work with Staff to receive certification the traffic project would work; however, the additional information received from Staff provided more comfort as shifting the roundabout west and south can be accomplished if no right-of-way is available; that traffic is a concern; and thanked Mr. Zipes for bringing a beautiful project to the City. Mayor Palmer stated that no comparison exists between the proposed project and the previously approved project; that the proposed project is beautiful; that the proposed project is more conservative of the uses of the land and traffic creation; and thanked Messrs. Zipes and Famiglio and Staff for saving the Weissgerber House. Mayor Palmer called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Pa.mer, yes; Atkins, yes; Bilyeu, yes; Martin, yes. The Commission recessed at 8:30 p.m. and reconvened at 8:38 p.m. 19. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 8:38 through 8:44 The following people came before the Commission: Harold Wilen, 4930 Capri Avenue (34235), stated that Maryse Awad, ecretary/Treaaurer of the Board of Directors, Dr. Paul Gilroy, Chair of the Fundraising Committee, Steve Patmagrian President of Atmosphere Productions, and Larry Tasman, Owner of the Stardust Event Center, are present in the audience for questions if desired; that he is President, head boxing coach, and director for the Sarasota Boxing Club, located near the intersection of School Avenue and Fruitville Road and previously located for 14 years at Sixth Street and Central Avenue. Mr. Wilen continued by distributing and reading a prepared statement indicating that an amateur boxing event is scheduled with the Florida Boxing Association for 7:00 p.m., October 11, 2003, which is sanctioned by U.S.A. Boxing, will be held under strict rules and regulations, and is being held to showcase local amateur talent; that safety is the primary concern for the event; that medical doctors and emergency medical technicians will be present to monitor the condition of the participants; that the Commission is being apprised of the event due to the sensitivity of the community as a result of the tragic incident in June 2003 during a Toughman Competition; that the Sarasota Boxing Club has been in existence for 18 years, has always strived to do the best for members and supporters, and has the motto of "Love and Respect"; that the sole function of the Sarasota Boxing Club is to mentor underprivileged children and young adults through the sport of boxing as a means for self- improvement and to develop confidence, self-respect, social skills, emotional maturity, family values, and a sense of achievement as well as to become responsible citizens; that the program helps combat juvenile delinquency by keeping at-risk young adults off the streets and away from drugs and foster positive role models for young adults to develop methods to channel creative energies and talents; that the Sarasota Boxing Club has produced a number of champion boxers, several amateurs have been nationally ranked, one amateur won the Florida State Golden Gloves Championship in 2003 and continued to compete at the National Championship in Las Vegas, Nevada, and another amateur recently competed for a Junior Olympic title; that the last two amateur shows in Sarasota were held in 1999 and 2000 with the co-sponsorship of the United Wayi that the membership, Board of Directors, and supporters are deeply saddened and troubled by the tragedy of the Toughman Competition and firmly believe these types of events, often accompanied by the consumption of alcohol, strong peer pressure, and fights between untrained, unconditioned people should be banned in the City and throughout the Country; that the Sarasota Boxing Club wished to apprise the Commission of the upcoming event and the significant difference between the Toughman Competition of the type held in June 2003 and the events sponsored by the Sarasota Boxing Club. Mayor Palmer stated that the work of the Sarasota Boxing Club in the community is appreciated; that the presentation is also appreciated. BOOK 54 Page 26086 09/02/03 2:30 P.M. BOOK 54 Page 26087 09/02/03 2:30 P.M. Commissioner Bilyeu stated that the opportunity to ask a question would be appreciated. Mayor Palmer stated that questions and answers are not allowed under Citizens' Input in accordance with the Commission's Rules of Procedure. Commissioner Bilyeu stated that consideration should be given to changing the Commission's Rules of Procedure. Paul Thorpe, 157 Garden Lane (34242), referred to an article in the April 2003 edition of Architectural Digest magazine and stated that the article concerns hotels around the world; that locations with exceptional hotels were selected, including Scotland, France, South Africa, Montreal, and India; that the sixth location chosen was Sarasota, Florida, for the Ritz- Carlton Hotel which is wonderful; and displayed pictures of the Ritz-Carlton Hotel from the magazine on the Chamber monitors. Mr. Thorpe stated that the article is indicative of the publicity being received by the City as a result of the advent of the Ritz-Carlton Hotel; that the Metropolitan project approved earlier in the meeting will add to the surrounding area; that the Ritz-Carlton Hotel is an excellent asset to the community and adds to the ambience. 20. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PUBLIC HEARING INCREASING THE MEMBERSHIP ON THE HUMAN RELATIONS BOARD FROM SEVEN (7) TO EIGHT (8) MEMBERS TO ALLOW FOR A STAR PROGRAM (STUDENT TAKING ACTIVE ROLES IN SARASOTA COUNTY) MEMBER - NO ACTION TAKEN (AGENDA ITEM XIII-1) CD 8:44 through 9:00 Commissioner Bilyeu stated that the graduation of the STAR (Students Taking Active Roles) Leadership Program for Sarasota County was recently attended; that having a participant from the STAR Program serve on the Human Relations Board may be a good idea; that serving on the Human Relations Board would be a good educational experience for a STAR participant; that information concerning the Human Relations Board was provided to a representative of the STAR Program, who indicated the Human Relations Board would be a positive experience for a STAR participant; however, subsequently correspondence was received indicating having a student serve on the Human Relations Board may be a concern due to the power of the Human Relations Board; that the Human Relations Board currently has seven members; that adding a STAR participant would increase the Human Relations Board to eight members and raise the possibility of tie votes; that a possibility is the STAR participant may be a non-voting member of the Human Relations Board. City Attorney Taylor stated that the Commission should be aware of several factors concerning the Human Relations Board, with which the City has little or no experience; that unlike other advisory boards, the Human Relations Board has a practical role in the community which is to make a finding as to if cause exists to believe an unlawful, discriminatory practice has taken place; that if sO, the Human Relations Board then issues an authorization permitting an individual to sue in court to redress a grievance; that a concern is a student who is not of majority age and cannot under State law enter into a legally binding contract could sit on an advisory board and vote on a matter concerning an unlawful practice entitling an individual to file a lawsuit or subjecting an individual to a lawsuit, which is awkward but may not be a legal basis for objecting; that placing a minor in such a position is personally troubling; that tie votes on the Human Relations Board are not desired; that the possibility of tie votes was discussed previously at the time STAR participants were included on some other City advisory boards; that the City suggested not counting the vote of the STAR participant in the event of a tie vote, which was rejected by the STAR Program; that additionally, students move on to other endeavors and graduate from high school; that the desire is for the members of the Human Relations Board to have longevity to develop a Learning curve; therefore, having a different STAR participant serve on the Human Relations Board on an annual basis is not necessarily good for the Human Relations Board; that the terms of STAR participants on other advisory boards is for one year subject to reappointment; that in summary, no legal impediment exists to expanding the membership of the Human Relations Board to include a STAR participant; however, some issues are presented. Mayor Palmer asked the legal recommendation? BOOK 54 Page 26088 09/02/03 2:30 P.M. BOOK 54 Page 26089 09/02/03 2:30 P.M. City Attorney Taylor stated that his personal opinion is the right message is not being sent by expanding the membership of the Human Relations Board to include a STAR participant. Reverend James Merritt, 5013 Bay Shore Drive (34234), and Michael Shelton, 426 Partridge Circle (34236), came before the Commission. Reverend Merritt stated that the concerns regarding the service of a minor child on the Human Relations Board are shared; that over two years of work were invested into developing the Human Relations Board; that the issues which will be considered by the Human Relations Board will affect people's lives; that the Human Relations Board will hear concerns affecting individuals, businesses, family members, churches, and the community at large; that the decisions made will affect many facets of people's lives, even if exemptions apply; that issues affecting adult lives will be considered; therefore, legal adults rather than minor children should make the decisions; that having a non-voting STAR participant as a member would be acceptable; however, the STAR Program will not accept non-voting status for STAR participants; therefore, as a leading activist concerning the issue of non- discrimination in the City, the Commission is requested not to approve the membership of a STAR participant on the Human Relations Board. Mr. Shelton stated that the Commission is thanked for the work and support in adopting the new non-discrimination Ordinance and the ultimate creation of the Human Relations Board; that the views of the City Attorney are supported; that initially, the suggestion was considered excellent and exciting; however, after reviewing the requirements, the idea of a voting student member is not considered good; that considerable work was undertaken to assure community support for the Human Relations Board; that a fear is placing a voting student member who will be making adult decisions over the lives of adults, i.e., children judging adults, on the Human Relations Board could undermine the credibility and image of the Human Relations Board and jeopardize the work accomplished to date; that for the STAR Program not to work with the City concerning the STAR participant on the Human Relations Board is distressing; that the Human Relations Board is different from some other City advisory boards; that the Planning Board/Local Planning Agency (PBLP) and the Board of Adjustment, on which STAR participants do not serve, are also different from some other City advisory boards; that the importance of other City advisory boards is not minimized; however, the PBLP, the Board of Adjustment, and the Human Relations Board make substantial legal decisions; that the Human Relations Board will make decisions affecting people's lives at each meeting; that the benefit of a learning curve will not be obtained by a STAR participant due to turnover; that the Human Relations Board is newly created; that all the members will be new; that the membership of a STAR participant could be considered in the future; that the concept of membership of a STAR participant is fundamentally supported; however, the status as a voting member is the cause for the significant concern; that any legislation to amend the composition of the Human Relations Board must address the issue of tie votes; that for a tie vote of four to four to result in either affirmation or denial is not desired; that a four to four vote will leave no one happy; that he was instrumental in drafting significant portions of the legislation creating the Human Relations Board; that considerable thought was devoted to the decision to have seven members; that increasing the membership to nine is not suggested; that the Commission could eliminate one of the existing seats on the Human Relations Board to accommodate a STAR participant if desired; however, increasing the membership to eight is also not suggested. Commissioner Bilyeu stated that STAR participants serve on other boards, resulting in turnover; that a senior in high school who is 18 years old could serve on the Human Relations Board; however, significant issues exist sO success in expanding the membership of the Human Relations Board for a STAR participant is likely not possible; that the STAR Program is exciting; that he as well as representatives of the STAR Program were of the opinion membership of a STAR participant on the Human Relations Board was a good idea; that he was unaware the STAR Program would not accept a non-voting member; that the Commission is thanked for considering the possibility; that no further action is suggested at this time. Mayor Palmer stated that Commissioner Bilyeu is thanked for advancing the idea; that initially, the possibility was considered exciting; however, the rationale presented by the City Attorney is appreciated; that not expanding the membership of the Human Relations Board for a STAR participant is unfortunate but supported. BOOK 54 Page 26090 09/02/03 2:30 P.M. BOOK 54 Page 26091 09/02/03 2:30 P.M. Vice Mayor Martin stated that the STAR Program may wish to address the policy concerning non-voting members in the future; that serving on the Human Relations Board could be valuable for a STAR participant; however, the policy of the STAR Program concerning non-voting members precludes such service; that communicating the specific problem concerning appointment of a STAR participant to the Human Relations Board would be prudent and helpful. Mayor Palmer stated that considerable discussion previously occurred with representatives of Community Youth Development (CYD) and the STAR Program at the time membership on some City advisory boards was extended to STAR participants; that CYD and the STAR Program were unwilling to have STAR participants serve on City advisory boards as non-voting members; that the view is the students take the time to serve and, therefore, should have a full vote in the same fashion as every other member; and continued by asking the status of the applications for appointment to the Human Relations Board? City Auditor and Clerk Robinson stated that appointments to the Human Relations Board will be on the Agenda of the September 15, 2003, Regular Commission meeting; that numerous applications have been received; that the majority of the applicants live outside the City; that the applicants have excellent expertise. Commissioner Servian stated that another reason for not appointing a STAR participant to the Human Relations Board is due to life experience; that the issues which the Human Relations Board will consider are sensitive; that having experience in the workplace or in obtaining living quarters would be helpful in understanding the practical aspects of life; that the proposal to appoint a STAR participant to the Human Relations Board was good. Mayor Palmer stated that the proposal is a good reminder to consider membership of a STAR participant on all City advisory boards. 21. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 9:00 through 9:09 COMMISSIONER ATKINS: A. stated that he serves as liaison to the Board of the Sarasota Housing Authority (SHA); that the SHA Board asked him to serve on the Oversight Committee for the application for the HOPE (Housing Opportunities for People Everywhere) VI grant; that the HOPE VI grant application is progressing well; that the SHA tenants have decided their voices will be heard and are willing to participate more in the HOPE VI grant application process; that the SHA tenants recognize some development will occur at the Janie Poe public housing complex and participating in the decision making is preferable to not participating. VICE MAYOR MARTIN: A. stated that he serves as an Ex Officio, non-voting member of the Sarasota County Coastal Advisory Committee; that Sarasota County has appropriated $20,000 to engage scientists to undertake a study of Big Sarasota Pass; that the City was disappointed in not being part of the consideration, particularly as the City has considerable technical expertise concerning the issues affecting Big Sarasota Pass; and referred to an August 20, 2003, letter from V. Peter Schneider, Deputy City Manager, to James Ley, County Administrator, applauding the study but expressing disappointment the City was not included in developing the Scope of Services for the study. Vice Mayor Martin stated that the August 20, 2003, letter was presented to the Coastal Advisory Committee, which was supportive of including the City in the process; that the study will be overseen by a professor from the University of Florida; that the possible benefits to the City are numerous; that resistance was previously encountered, particularly from residents of Siesta Key, to using the sand from Big Sarasota Pass for renourishment at Lido Beach; that the position of the residents of Siesta Key seems to have softened recenty; that the effort is to assure the study is conducted in a manner which is fair to all parties; that the permitted renourishment of Lido Beach is estimated to cost $13 million as the sand must be obtained from a considerable distance; that sharing the sand of Big Sarasota Pass could cut the cost substantially; that the City's having a representative on the Coastal Advisory Committee is valuable. BOOK 54 Page 26092 09/02/03 2:30 P.M. BOOK 54 Page 26093 09/02/03 2:30 P.M. COMMISSIONER SERVIAN: A. stated that a proposal put forth at the Sarasota/Manatee Metropolitan Planning Organization (MPO) by a Manatee County Commissioner was the MPO and the Florida Department of Transportation (FDOT) may wish to begin modeling the effects of a six-lane highway from Pasco County to Bartow and connecting with Sarasota County; that the proposal was approved by one vote; that the MPO Board was split due to concern regarding the possibility of an expensive transportation project which could potentially traverse wetlands, increase suburban sprawl, etc.; that the Commission will be kept advised of developments. B. referred to a September 8, 2003, letter from Robert Herrington, Scenic Highway Coordinator, of the MPO to City Manager McNees requesting City participation in the Tamiami Trail Scenic Highway Program; and stated that the MPO is anxious to have a City Staff member appointed to assure City participation in the process. C. stated that the Economic Development Board is meeting on September 3, 2003; that a report will be provided at the September 15, 2003, Regular Commission meeting. COMMISSIONER BILYEU: A. stated that additional information has been obtained about the Community Action Agency (CAA) Board, which provides funds to individuals who require assistance due to loss of jobs, medical problems, etc.; that the funds are in the form of grants for rental assistance, which are approved by the Sarasota Board of County Commissioners (BCC); that the funds are dispersed through the Salvation Armyi that additional information as to increased City participation will hopefully be provided in the future; that serving on the CAA Board is exciting. MAYOR PALMER: A. stated that the Firefighters' Pension Board of Trustees will soon be presenting a proposed ordinance concerning a program similar to the Deferred Retirement Option Program (DROP), which is available to General Employees and Police Officers but not Firefighters; that the program involves a lump sum distribution to retirees. B. stated that the Manasota League of Cities (MLC) is sponsoring a dinner at 6:30 p.m., October 15, 2003, at Heron Creek County Club in North Port, Florida; that the Commissioners and Charter Officials are invited and requested to advise the Office of the City Auditor and Clerk regarding attendance. C. stated that the next regularly scheduled MLC meeting may be postponed due to cities' observances in remembrance of the September 11, 2001, tragedies. D. stated that the Tourist Development Council recommended the Sarasota Board of County Commissioners consider undertaking Phase I of a study regarding a conference center; that the Sarasota Board of County Commissioners is considering issuing a Request for Proposals to conduct a conference center study; that the feasibility of a conference center as well as potential locations will be studied; that the Downtown area will be a major concern of any study. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = CITY ATTORNEY TO ADVISE THE STATUS OF SCHEDULING OF AN ATTORAEY-CLIENT, / CUR-OF-THE-SUNSHINE MEETING CONCERNING THE LITIGATION INVOLVING VISIONAIR; CITY AUDITOR AND CLERK ROBINSON WILL : 1) REVIEW THE POSSIBILITY OF DEVELOPING A PROGRAM CONCERNING GANG ACTIVITY FOR ACCESSSARASOTA, L CHANNEL 19; 2) PRESENT A RESOLUTION AMENDING THE COMMISSION'S RULES OF PROCEDURE ; 3) DISTRIBUTE THE APPLICATIONS FOR APPOINTMENT TO THE VAN WEZEL PERFORMING ARTS HALL BOARD AND THE HUMAN RELATIONS BOARD WITH THE PUBLIC HEARINGS FOR THE SEPTEMBER 15, 2003, REGULAR COMMISSION MEETING (AGENDA ITEM XV) CD 9:09 through 9:39 COMMISSIONER BILYEU: A. stated that Harold Wilen, President of the Sarasota Boxing Club, spoke earlier under Citizens' Input; that Mr. Wilen is very involved in social services in the community; that he participated with Mr. Wilen in a community beautification project on Sixth Street and BOOK 54 Page 26094 09/02/03 2:30 P.M. BOOK 54 Page 26095 09/02/03 2:30 P.M. Central Avenue a number of years agoi that the presentation by Mr. Wilen demonstrates his character and is appreciated. B. stated that many citizens have been in contact with him concerning the Bobby Jones Golf Course (BJGC); that the concerns regarding the BJGC expressed by Commissioner Servian during the Budget Workshops are appreciated; that a Workshop to review the BJGC would be supported if only the consideration is for the 35 acres east of the main 36 holes; that a concern is the opportunity for neighborhood input regarding City projects; that for example, developers requesting a rezoning must hold a neighborhood workshopi; that neighborhood input concerning the BJGC should be received if the Commission decides to proceed with the Workshop; that oiten, issues are presented at the Commission table without advance discussion; that neighborhood input concerning the BJGC should be received. C. stated that the current Commission meeting is a good example of democracy in action; that a class entitled World Ideology is being taken at the University of South Florida; that City government is true democracy in action; that people can come and present ideas; that democracy is loved; that the Commission has good procedures to deal with issues presented; that the hope is Sarasota will be the best City possible; that the City is experiencing a growing spurt; that having been in the City since 1979 and being an integral part of the neighborhoods, only the best is wished for the entire community; that the people who came to Commission meetings to show support for an issue about which great concern exists are appreciated; that the opportunity to speak is appreciated. COMMISSIONER SERVIAN: A. stated that an automobile sale was conducted at Robarts Arena the weekend of August 30, 2003; that the vehicles were parked immediately adjacent to Fruitville Road, which is unattractive; that the date by which the landscape buffering will be installed is requested. B. stated that at the August 4, 2003, Regular meeting, the Commission authorized moving forward with litigation concerning VisionAir; that the Commission's request was for an attorney-client, out-of-the-sunshine meeting as soon as possible; and asked the status? City Attorney Taylor stated that the lawsuit was filed; that once a response is received, an attorney-client, out-of-the-sunshine meeting will be scheduled; that the status will be determined; that the Commission will be advised. C. stated that the proposed ordinance concerning the use of City parks, specifically Gillespie Park, caused controversy; that the Commission requested consideration of applying use restrictions to all City parks; and referred to. and distributed an electronic mail dated September 1, 2003, from William Holland, a Gillespie Park resident, indicating that Gifts from God is gathering in Gillespie Park on three occasions a week, that open container violations have been observed, and that the police have been called and are doing the best to resolve the problems. Commissioner Atkins asked if the open container violations by participants in the Gifts from God activities? Commissioner Servian stated that Gifts from God is not sanctioning the open container violations; however, the people who gather in anticipation of the service by Gifts from God have open containers; that the situation is increasingly more difficult. D. stated that the August 28, 2003, Gillespie Park Neighborhood Association meeting was attended; that Police Lieutenant Paul Sutton gave an excellent presentation concerning gangs in the City; that 150 to 200 gang members have been identified in the City; that an abbreviated form of the presentation would be excellent as an On Patrol program for broadcasting on AccessSarasota, Channel 19, sO parents are alerted to the warning signs of gang activity; that the subtlety of the signs is shocking; that Lieutenant Sutton is thanked for the hour and a half presentation; that additional information can be obtained from the Sarasota Police Department. Mayor Palmer stated that the City Auditor and Clerk is responsible for the programming on AccessSarasota, Channel 19, and asked if BOOK 54 Page 26096 09/02/03 2:30 P.M. BOOK 54 Page 26097 09/02/03 2:30 P.M. City Auditor and Clerk Robinson would follow up to arrange for programming? City Auditor and Clerk Robinson stated yes. VICE MAYOR MARTIN: A. stated that the Consent Agenda Items are heard in the afternoon session of Regular Commission meetings, which is ideal as Staff is either in attendance or listening to the meeting; that Consent Agenda Items which are removed for further discussion should be discussed in the afternoon session of Regular Commission meetings, if time allows. Mayor Palmer asked the formal requirements to change the Commission's Rules of Procedure? City Auditor and Clerk Robinson stated that a resolution is required to change the Commission's Rules of Procedure. City Manager McNees stated that Changes to the Orders of the Day are presented at the beginning of Regular Commission meetings; that later, the Commission may remove Consent Agenda Items for discussion; that Changes to the Orders of the Day could include Consent Agenda Items removed for discussion by the Commission; therefore, the Orders of the Day will be known at the beginning of Commission meetings; that the practical implication is Staff and the public watching the Commission meeting will know if Consent Agenda Items have been removed for discussion; that to do sO would increase efficiency. Vice Mayor Martin stated that the suggestion is good; that the aim is for increased efficiency. Mayor Palmer stated that the Charter Officials can make the determination as to the legalities and the appropriateness of determining the Orders of the Day and present recommendations to the Commission. City Auditor and Clerk Robinson stated that a resolution amending the Commission's Rules of Procedure will be presented to the Commission at the September 15, 2003 Regular Commission meeting. B. asked the status of appointments to the Van Wezel Performing Arts Hall (VWPAH) Board and the number of applications received, particularly for the seat for a member from Manatee County? City Auditor and Clerk Robinson stated that appointments to the VWPAH Board will be on the Agenda for the September 15, 2003, Regular Commission meeting; that numerous applications have been received; that appointments are not required for all seats unless desired. Vice Mayor Martin stated that some advance time to review the applications would be appreciated. City Auditor and Clerk Robinson stated that the applications for the VWPAH Board and the Human Relations Board will be sent out with the public hearings for the September 15, 2003, Regular Commission meeting to allow sufficient time for review. Mayor Palmer asked if appointments are required for any other advisory boards? City Auditor and Clerk Robinson stated that a vacancy exists on the Citizens with Disabilities Advisory Board for a member of the STAR (Students Taking Active Roles) Program for Sarasota County. Mayor Palmer stated that recommendations must come through the STAR Program; that the STAR Program could be notified of any suggested applicants; that the Citizens with Disabilities Advisory Board was hopeful of identifying a student with a disability or who lives with someone with a disability. City Auditor and Clerk Robinson stated that a resignation was received from Stevan L. Holmes, Jr., a member of the Nuisance Abatement Board. COMMISSIONER ATKINS: A. stated that the Sixth Annual Florida Brownfields Conference 2003 was recently attended and was enlightening; that the hope is to develop a plan to address the City's urbacultural site located at 2046 Dr. Martin Luther King, Jr., Way; that a County Staff member has worked hard with the Annual Florida Brownfield Conference for the past several years; that the Seventh Annual Florida Brownfields Conference 2004 will be held in Sarasota County, hopefully in the Cityi that all the BOOK 54 Page 26098 09/02/03 2:30 P.M. BOOK 54 Page 26099 09/02/03 2:30 P.M. experts will be present and may be able to provide some assistance to the Cityi that representatives of various Federal agencies, including the Department of Commerce, indicated Federal funds are available to assist with redevelopment of brownfield sites; that the City should move forward with formal designation of the site as a brownfield and with applications for grants for brownfield redevelopment; that significant funding opportunities to revitalize communities'with brownfields are available; that a brownfield designation includes sites with chemical contamination, old dump sites, old shopping centers, etc.; that a neighborhood meeting to provide a report regarding the water analysis of the urbaculture site has been held; that only one well site has a problem, which is high levels of iron and not contamination; that the community in attendance understood the implications; that the Sarasota County Health Department could prepare a program for presentation on AccessSarasota to help explain the process; that the study concerning two ponds in the area was completed; that the ponds do not have the best water quality but are not contaminated; that the City should continue to inform area residents. B. stated that the program concerning the City's 100th Anniversary presented recently on WEDU Television has not been seen and could be broadcast on AccessSarasota. City Auditor and Clerk Robinson stated that a request was received to broadcast the program, which will be accomplished in the near future. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to extend the meeting beyond 9:30 p.m. to complete the Agenda. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. MAYOR PALMER: A. stated that a meeting to discuss sustainable Sarasota programs was held with County Staff; that development of greenways and other environmental issues were discussed; that increased cooperation with the County was also discussed; that many issues can be addressed jointly by the City and the County; that the other Commissioners are encouraged to meet with County Staff; and referred to an August 29, 2003, summary of the meeting by Jodi John, Manager, Sustainable Florida, Sarasota County, which will be distributed and which the Commissioners may find informative. B. stated that the 2003 Florida Neighborhood Conference will be held September 11 through 13, 2003; that Staff of the Neighborhood Partnership Office has done an excellent job of coordinating the Conference and is congratulated; that the 2003 Florida Neighborhood Conference will be excellent; that a large number of attendees will be present. C. stated that appointments to the various committees of the Florida League of Cities (FLC) were announced on September 2, 2003; that the first meeting of appointees will be held on September 12, 2003, which is during the 2003 Florida Neighborhood Conference; and asked who was appointed to the various committees. Commissioner Servian stated that she was appointed to the Municipal Finance and Taxation Policy Committee. Vice Mayor Martin stated that he was appointed to the Environmental Quality Policy Committee. Commissioner Atkins stated that appointment to the Urban and Transportation Administration Policy Committee was requested. Mayor Palmer stated that she was reappointed to the Intergovermmental Relations Policy Committee; and asked if someone is serving on the Criminal Justice Policy Committee? City Auditor and Clerk Robinson stated that he served on the Criminal Justice Policy Committee but did not request reappointment. Mayor Palmer stated that City Auditor and Clerk Robinson and Gail Loeffler, Administrative Assistant, Office of the City Auditor and Clerk, have done an excellent job in coordinating the activities of the Manasota League of Cities. D. stated that the School Board of Sarasota County (School Board) established a committee to develop a facilitation process to make a decision concerning the fate of the BOOK 54 Page 26100 09/02/03 2:30 P.M. BOOK 54 Page 26101 09/02/03 2:30 P.M. original Sarasota High School (SHS) Building; that the committee is working with the local chapter of the American Institute of Architects to develop a Request for Proposals; that the City may receive a request for funding for the facilitation; that the School Board has allocated $20,000, which may not be sufficient; that the SHS Building is in the Cityi therefore, the hope is the Commission will consider allocating some funding; that the effort is to preserve the historic structure of the original SHS Building. E. stated that a regional planning workshop entitled Developing Florida's 20-Year Energy Plan is scheduled from 5:00 to 8:00 p.m. September 15, 2003, at the Robert L. Anderson Administration Center in Venice, Florida; that the workshop is important, particularly as to the efforts in the Northeast and Midwest of the County following the recent electrical blackout; that the State is seeking public input concerning the development of a plan for Florida's energy future; that the Administration was requested to designate a Staff member to participate in the workshop. F. stated that the City received a reimbursement of $289,500 from the Army Corps of Engineers for the white sand dredging from New Pass and restoration of Lido Keyi that 125,000 cubic yards of white sand dredged from New Pass was placed on Lido Key. G. stated that the Commission decided to hold a joint meeting with the County concerning the Sarasota County Area Transit (SCAT) transfer facility earlier in the meeting; that the Administration is requested to publicize the meeting date once established as many people are interested in hearing the County's and SCAT's proposal concerning the SCAT transfer facility. H. stated that a plan as to the direction for the workshop concerning the Bobby Jones Golf Club (BJGC) should be discussed; that the issues for discussion should be decided; that some may have concern regarding the breadth of the discussion; and asked the Administration's plan for the Workshop? City Manager McNees stated that an outline of information relevant for the Workshop has been developed, including financial information, land use information, maps, etc., to indicate the current situation concerning the 36 holes and the 9 holes of the Executive Course at BJGC; that the first part of the Workshop will be to provide as much information as possible and answer questions; that the Commission will then be asked to help focus the discussion concerning future direction; that the specifics of different options cannot be provided as the options have not yet been identified. Mayor Palmer stated that the focus of the discussion could be narrowed pased on the wishes of the Commission; that the focus of the Commission should be determined. City Manager McNees stated that the Workshop will be sO focused. Mayor Palmer asked if the date for the Workshop has been determined? City Manager McNees stated no. Commissioner Servian stated that the Workshop will be held prior to the end of 2003. Mayor Palmer stated that the hope is to schedule the Workshop soon as many people are upset about the direction of the Commission concerning the BJGC; that the hope is to make clear to the public the direction the Commission intends to pursue. Commissioner Servian stated that much correspondence concerning the BJGC has been received; that some comments are appreciated; however, some comments are not appreciated; that some have insinuated her husband would benefit from any changes at the BJGC, which is insulting; that her husband does not deal in real estate and never has; that an insinuation has been of her desire to sell off a City asset; that she never indicated anything would be sold; that the suggestion was to consider the possibilities, which is not a crime; that leaders are supposed to consider possibilities; that the management of the BJGC facility is a concerni that a question is if an outside management company should be considered; that the future of the 9-hole Executive Course, which the BJGC Manager indicated is a problem, should be discussed; that the issue was never to strip the BJGC from the City or get rid of greenspace; that discussing the use of the BJGC as a City asset and the possibility of a better and higher use for some of the property is a good idea. BOOK 54 Page 26102 09/02/03 2:30 P.M. BOOK 54 Page 26103 09/02/03 2:30 P.M. Mayor Palmer stated that the Workshop should be scheduled as soon as possible to assure concerns are addressed; that some rumors have begun to circulate; that the Commission has not had an opportunity to discuss the BJGC in detail; that scheduling the Workshop as soon as possible would be helpful. 23. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVI) CD 9:39 through 9:40 CITY AUDITOR AND CLERK ROBINSON: A. stated that the first of two public hearings concerning the fiscal year 2003/04 budget is scheduled for 6:00 p.m., September 3, 2003, in the Chambers. 24. ADJOURN (AGENDA ITEM XVII) CD 9:40 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of September 2, 2003, at 9:40 p.m. - m2 LR 1bu ANN R. PALMER, MAYOR ATT ES Bily & Roben BILLY o ROBINSON, CITY AUDITOR AND CLERK 1