MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 1, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, and Danny Bilyeu, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : Commissioner Mary Anne Servian 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. Mayor Palmer stated that Commissioner Servian is on a well- deserved vacation and therefore will not be present for either session of the meeting. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:30 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 1, Item No. IV.A.9, Approval Re: Request from the Housing Authority of the City of Sarasota to authorize the preparation of a resolution for the December 15, 2003, Commission meeting to appropriate $20,000 from the General Fund Reserves to fund one-half of the cost of real estate market study and public relations plan for the HOPE VI Revitalization Grant application, per the request of City Manager McNees and Housing Authority Executive Director Vazmina. B. Remove Consent Agenda No. 2, Item No. IV.B.2, Adoption Re: Proposed Resolution No. 04R-1684, appropriating $1,000 from the unappropriated fund balance of the General Fund Reserves to provide funds to reimburse the cost of a dinner for the visiting Chinese delegation hosted by the City Commission on November 16, 2003, per the request of Finance Director Mitchell. BOOK 55 Page 26562 12/01/03 2:30 P.M. BOOK 55 Page 26563 12/01/03 2:30 P.M. 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. Mayor Palmer asked if any Commissioner wished to remove an item from Consent Agenda Nos. 1 or 2; and hearing none, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:31 There was no one signed up to speak. 3. APPROVAL RE: : MINUTES OF THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 17, 2003 = APPROVED (AGENDA ITEM II) CD 2:32 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the November 17, 2003, Regular Commission meeting are approved by unanimous consent. The Commission recessed at 2:34 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 2:38 p.m. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4,5, 6, 7, 8, AND 9 = APPROVED (AGENDA ITEM IV-A) CD 2:38 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between the City of Sarasota, on behalf of Sarasota Bay National Estuary Program, and Sarasota County for fiscal year (FY) 2003/04. 2. Approval Re: Amendment to the Community Development Block Grant (CDBG) program to delete the Dr. Martin Luther King Jr. Way Storefront Renovation Program ($100,000), the Storefront Renovation Program/Bconomic Development ($250,000) and add the improvement of Fredd Atkins Park ($350,000), which includes acquisition of property, design and construction. 3. Approval Re: Fredd Atkins Park Improvement Schedule. 4. Approval Re: Support the resolution adopted by Sarasota County approving the issuance of Florida Multi-Family Bonds (Rolling Green South Apartments Project) series 2004A and authorize staff to amend the State Housing Initiative Partnership (SHIP) Agreement between the City of Sarasota and Neighborhood and Lending Partners (NLP) to add an additional $480,490.66 in SHIP funds in exchange for a Community Development Financial Institutions (CDFI) match of $237,866.67. 5. Approval Re: : Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Tampa Contracting Services for the rehabilitation of the Lido Beach swimming pool, amenities and its surrounding areas. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Bulkhead Remediation and Replacement Agreement between the City of Sarasota and PCL Civil Constructors, Inc. for the design and construction for the replacement of the seawall on the west side and seawall bulkhead repairs on the east side of the Ringling Causeway Bridge. 7. Approval Re: Authorize the Administration to negotiate a contract between the City of Sarasota and Phil Graham & Company, PA and David W. Johnston Associates, Inc. for Landscape Architectural Services (RFP 03-58E) on an as needed basis and authorize the Mayor and City Auditor and Clerk to execute same. 8. Approval Re : Authorize the Administration to disburse $5,808.51 of funding allocated for the Neighborhood Grant Program with $2,728.36 awarded for crime-related projects and $3,080.15 awarded for non crime-related projects and to execute an Agreement for Neighborhood Grant Funding with each association awarded funding. 9. Approval Re: Request from the Housing Authority of the City of Sarasota to authorize the preparation of a resolution for the December 15, 2003, Commission Meeting to appropriate $20,000 from the General Fund Reserves to fund one half of the cost of real estate market study BOOK 55 Page 26564 12/01/03 2:30 P.M. BOOK 55 Page 26565 12/01/03 2:30 P.M. and public relations plan for the HOPE VI Revitalization Grant application. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 9, inclusive. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1679) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1684) = REMOVED UNDER CHANGES TO THE ORDERS OF THE DAY; ITEM 3 (RESOLUTION NO. 04R-1685) - ADOPTED; ITEM 4 (ORDINANCE NO. 03-4492) = ADOPTED; AND ITEM 5 (ORDINANCE NO. 03-4506) ADOPTED (AGENDA ITEM IV-B) CD 2:39 through 2:41 1. Adoption Re: Proposed Resolution No. 04R-1679, authorizing the execution by the City Manager on behalf of the City of Sarasota, Florida of a joint project agreement between the State of Florida Department of Transportation and the City of Sarasota for the construction of seawall enhancements to the Ringling Causeway Bridge; etc. (Title Only). 3. Adoption Re: Proposed Resolution No. 04R-1685, appropriating $424,840 from the unappropriated fund balance of the General Reserves Fund to fund the rehabilitation of the Lido Beach Swimming Pool project. This appropriation is anticipated to be reduced by a $197,850 contribution from Sarasota County, and donations of $4,300; etc. 4. Adoption Re: Proposed Ordinance No. 03-4492, rezoning property located at 3688 Fruitville Road, 3 Golden Sands Drive, 15 Golden Sands Drive, 36 Golden Sands Drive and 44 Golden Sands Drive from the Residential Single Family-2 (RSF-2) Zone District and the Residential Single Family-3 (RSF-3) Zone District to the Residential Multiple Family-5 (RMF-5) Zone District to allow a proposed residential development consisting of +108 multiple family dwellings; said development is proposed to be located in the southeast quadrant of the Fruitville Road and Golden Sands Drive intersection; approving Site Plan Application No. 03-SP-21 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) . 5. Adoption Re: Proposed Ordinance No. 03-4506, providing for the designation of the structure located at 1743 Bay Street, historically known as the Orren and Allie Wells House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) . City Auditor and Clerk Robinson read proposed Resolution No. 04R-1679 and proposed Ordinance Nos. 03-4506 and 03-4492 by title only and proposed Resolution No. 04R-1685 in its entirety. On motion of Commissioner Bilyeu and second of Vice Mayor Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 3, 4, and 5. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 6. BOARD APPOINTMENTS: APPOINTMENT RE: BOARD OF RULES AND APPEALS - REAPPOINTED STEVEN WILBUR, MICHAEL WALKER, AND SAMUEL HOLLADAY (AGENDA ITEM V-I) CD 2:38 through 2:39 City Auditor and Clerk Robinson stated that the terms held by Stephen Wilbur as a licensed engineer, Michael Walker as a licensed contractor, and Samuel Holladay as a licensed architect have expired; that all are eligible for and have expressed an interest in reappointment; that one application for the vacancies has been received which is included in the Agenda backup material; however, the background of the individual does not fit any of the categories required for the seats. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to reappoint Stephen Wilbur, Michael Walker, and Samuel Holladay to the Board of Rules and Appeals. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. BOOK 55 Page 26566 12/01/03 2:30 P.M. BOOK 55 Page 26567 12/01/03 2:30 P.M. Mayor Palmer announced the reappointment of Stephen Wilbur, Michael Walker, and Samuel Holladay to the Board of Rules and Appeals. 7. BOARD APPOINTMENTS: APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD - RESCHEDUIBD TO THE AGENDA FOR THE DECEMBER 17, 2003, SPECIAL COMMISSION MEETING DUE TO A TIE VOTE (AGENDA ITEM V-II) CD 2:39 through 2:43 City Auditor and Clerk Robinson stated that Jay Gorzelany has resigned from the Parks, Recreation and Environmental Protection Advisory Board; that six applications for the vacancy have been received and are included in the Agenda backup material. Commissioner Bilyeu nominated Matthew Wooddall. Vice Mayor Martin nominated Geraldine Ludwig. Commissioner Bilyeu stated that Mr. Wooddall previously applied for a seat on the Parks, Recreation and Environmental Protection Advisory Board; that Mr. Wooddall resides in the Alta Vista neighborhood and would be a great asset to the Parks, Recreation and Environmental Protection Advisory Board; that Mr. Wooddall is a nice young man, interested in holding a seat, and is present in the Chambers audience. Vice Mayor Martin stated that Ms. Ludwig lives on Bird Key and has submitted an application for a seat on the Parks, Recreation and Environmental Protection Advisory Board three times; that Ms. Ludwig has not been previously nominated due to the special training or education of other applicants; that Ms. Ludwig would be a valuable member, is involved in landscaping and beautification efforts being undertaken by the City, and would be a good representative and spokesperson for residents living on the barrier islands; that the present Parks, Recreation and Environmental Protection Advisory Board has two members residing in District 1 and two members residing in District 3; that only one member resides in District 2; that the other members reside outside of the. City; that Mr. Wooddall is personally known and would serve the Parks, Recreation and Environmental Protection Advisory Board well; however, the nomination of Ms. Ludwig as a member on the Parks, Recreation and Environmental Protection Advisory Board is considered most appropriate at this time. Mayor Palmer stated that the areas in which representatives of the Parks, Recreation and Environmental Protection Advisory Board reside were reviewed; however, the belief is qualifications of an applicant are most important; that having people representing various districts is supported; however, qualifications are key in the selection of individuals to serve on City boards; that Ms. Ludwig has a significant amount of experience, particularly with the Bird Key Improvement Association; that Ms. Ludwig has been instrumental and interested in serving on the Parks, Recreation and Environmental Protection Advisory Board for some time; and hearing no other nominations, called for the vote on the nominations. Matthew Wooddall received two votes: Atkins, Bilyeu. Geraldine Ludwig received two votes: Martin, Palmer. Mayor Palmer stated that the appointment should be placed on the Agenda at a Commission meeting at which all Commissioners will be in attendance since a tie vote has been reached. City Auditor and Clerk Robinson stated that a revote can be held at the beginning of the December 17, 2003, Special Commission meeting. 8. UNFINISHED BUSINESS: CORRECTION TO MOTION RE: PLANNING BOARD REPORT 03-ZTA-04, ZONING TEXT AMENDMENTS, 2HD CYCLE 2003 = APPROVED TO INCLUDE ITEM 10 IN THE ITEMS SET FOR PUBLIC HEARING AS PART OF ZONING TEXT AMENDMENT 03-ZTA-04; CITY AUDITOR AND CLERK WILL REVIEW COLORS FOR PUBLIC HEARING SIGNAGE (AGENDA ITEM V-I) CD 2:43 through 2:46 Allen Parsons Jr., AICP, Senior Planner, Planning Department, came before the Commission; and stated that at the November 17, 2003, Regular Commission meeting, the Commission received the Planning Board/Local Planning Agency (PBLP) report concerning the PBLP public hearing held on October 15, 2003, regarding Zoning Text Amendment No. 03-ZTA-04 which contained 22 items; that the PBLP recommended approval of 20 of the 22 proposed amendment items subject to the following modification: BOOK 55 Page 26568 12/01/03 2:30 P.M. BOOK 55 Page 26569 12/01/03 2:30 P.M. Item 10 Sarasota Memorial Add the following uses: Hospital: Section "delicatessen, drug store or VII-904, Accessory pharmacy, restaurant and health Use Standards. club" in the Minor Conditional Use category. Mr. Parsons continued that the PBLP recommended denial of Items 14 and 21 as follows: Item 14 Notice of Public Hearing Sign Revise notice Size and Placement Revisions: sign size and Section IV-202 (D) (2) (e), Notice placement of Public Hearing standards. Item 21 Placement of Caged Pools: Clarification of Section VII-903 (A) (),Residential allowing caged Accessory Buildings and pools in the Structures front yards of residential zone districts if the setback is met. Mr. Parsons further stated that the Commission approved a motion at the November 17, 2003, Regular Commission meeting to delete Items 10, 14, and 21 and not set the Items for public hearing; that upon review of the November 17, 2003, Regular Commission meeting minutes, Staff concluded Item 10 should be included among the items set for public hearing; that Staff recommends the Commission revise the November 17, 2003, motion to include Item 10 in the items to be set for public hearing as part of Zoning Text Amendment Application No. 03-ZTA-04. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to include Item 10 in the items set for public hearing as part of Zoning Text Amendment Application No. 03-ZTA-04. Commissioner Bilyeu asked if Items 14 and 21 will be coming back before the Commission at some future date? Mr. Parsons stated that Items 14 and 21 will potentially come back before the Commission at a later date. Commissioner Bilyeu stated that Item 14 concerning the size of signage for public hearings concerning land development applications should be discussed; however, the time may not be appropriate. Mr. Parsons stated that Item 14 may not come back before the Commission; that the Zoning Text Amendment calls for a reduction in size of public hearing signage; that the PBLP recommended the size of the signs which are required in the Zoning Code (2002 Ed.) not be reduced. Commissioner Bilyeu asked if signs concerning public hearings are posted for special exceptions and land use changes? Mr. Parsons stated yes. Commissioner Bilyeu stated that the new signs for public hearings are posted on poles; that the signs are black and white and are difficult to see; that the signs used by Sarasota County for public hearings are black on yellow which is extremely visible. Mayor Palmer stated that the City Auditor and Clerk is responsible for preparing and posting the signs for public hearings. City Auditor and Clerk Robinson stated that the public hearing signs were green and yellow in the past; that the color chosen for the signs will be reviewed. Mr. Parsons stated that the Zoning Code (2002 Ed.) prescribes the size of the signs for public hearings but not the color. Mayor Palmer asked if the desire is for colors which will make the signs for public hearings most visible? Commissioner Bilyeu stated yes; that black and white signs are not as visible as other colors; that signs for public hearings should be in colors which can easily be seen. Mayor Palmer called for a vote on the motion to include Item 10 in the items set for public hearing as part of Zoning Text Amendment Application No. 03-ZTA-04. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 9. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PROCEED TO SET UP A MEETING WITH ATTORNEY JAMES BOOK 55 Page 26570 12/01/03 2:30 P.M. BOOK 55 Page 26571 12/01/03 2:30 P.M. ENGLISH AND DAN BEEMAN AND THE CITY COMMISSION = APPROVED TO: 1) ARRANGE FOR ATTORNEY JAMES ENGLISH AND DAN BEEMAN TO MEET WITH THE COMMISSIONERS INDIVIDUALLY, THE CHARTER OFFICIALS, AND APPROPRIATE STAFF DURING AN INITIAL VISIT, 2) SCHEDULE A PUBLIC MEETING WITH THE COMMISSION AND ATTORNEY ENGLISH AND MR. BEEMAN SUBSEQUENT TO THE INITIAL VISIT, AND 3) DESIGNATE THE CITY AUDITOR AND CLERK TO MAKE THE ARRANGEMENTS FOR THE MEETINGS (AGENDA ITEM VI-II) CD 2:46 through 2:54 City Attorney Taylor stated that James English, the City Attorney for the City of Tallahassee, Florida, and Dan Beeman, who works with the Florida Institute of Government have been contacted and both have expressed a willingness to work with the Commission regarding in-house versus outside legal counsel; that the first step recommended in the process is to schedule a visit to Sarasota to meet individually with the Commissioners, which will provide an opportunity to obtain input regarding the subject; that individual meetings with the City Manager, the City Auditor and Clerk, and various City department heads will also provide necessary input; that Attorney English and Mr. Beeman have indicated every City is unique; that a number of motivating factors exist when examining in-house versus outside legal counsel; that the initial step of conducting individual meetings will assist in the development of a program to result in recommendations for consideration by the Commission; that individual meetings by appointment are an essential part of the process. City Attorney Taylor continued that the City will not incur costs other than travel expenses for Attorney English to assist the City; that the City of Tallahassee is willing to pay Attorney English's salary while performing work for the City of Sarasota since he is a salaried employee; that the City of Tallahassee expects reimbursement for travel expenses incurred by Attorney English. City Attorney Taylor further stated that Mr. Beeman is in a different situation; that Mr. Beeman performs work for the Florida Institute of Government; that hiring arrangements are required through the Florida Institute of Government; that Mr. Beeman has provided assurance his consulting services will not be expensive; that after the initial step of conducting individual meetings, Mr. Beeman and Attorney English will develop the scope of services which will be brought back to the Commission sO a decision regarding the manner in which to proceed can be made; that Mr. Beeman will charge a fee for time afforded to the City and will expect reimbursement of expenses as well; that Attorney English and Mr. Beeman are available to come to Sarasota on December 16 and 17, 2003, to conduct individual meetings; that the scope of services and timeline would be provided at a later date. Mayor Palmer asked if Mr. Beeman and Attorney English would be meeting with the entire Commission once the scope of services has been developed? City Attorney Taylor stated that the scope of services will be presented to the entire Commission; that the indication by Mr. Beeman and Attorney English is the process includes multiple steps; that the first step is to determine the issues; that the next step is to bring back various alternatives to discuss with the Commission; that comparative costs will be provided at the time; that the next step would be determined based upon input received from the Commission; that a risk assessment which includes factors involving control, quality of work, economics, technical issues, and operational risks is also part of the process; that an implementation plan will be provided for the process selected by the Commission. Mayor Palmer stated that the understanding is the individual meetings on December 16 and 17, 2003, will be followed by a public meeting with the entire Commission sometime after the beginning of 2004 sO the Commission can provide direction. City Attorney Taylor stated that is correct; that a suggestion is to have the City Auditor and Clerk arrange the meetings between the Commissioners and Mr. Beeman and Attorney English if the Commission agrees. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to authorize the scheduling of meetings with Attorney James English and Dan Beeman and the Commissioners individually with a target date of December 16 and 17, 2003, as recommended by the City Attorney. BOOK 55 Page 26572 12/01/03 2:30 P.M. BOOK 55 Page 265'73 12/01/03 2:30 P.M. Mayor Palmer stated that the City Attorney's recommendation also includes: 1) arranging for Attorney English and Mr. Beeman to meet with the Charter Officials and appropriate Staff during the initial visit, 2) scheduling a public meeting with the Commission and Attorney English and Mr. Beeman subsequent to the initial visit, and 3) designating the City Auditor and Clerk to make the arrangements for the meetings; and asked if the intent of the motion is to confirm all the recommendations of the City Attorney? Vice Mayor Martin stated yes. Mayor Palmer called for a vote on the motion to: 1) arrange for Attorney James English and Dan Beeman to meet with the Commissioners individually, the Charter Officials, and appropriate Staff during an initial visit, 2) schedule a public meeting with the Commission and Attorney English and Mr. Beeman subsequent to the initial visit, and 3) designate the City Auditor and Clerk to make the arrangements for the meetings. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. The Commission recessed at 2:54 and reconvened at 6:00 p.m. 10. COMMISSION PROCLAMATION RE: DESIGNATING DECEMBER 2003 AS "YOU DRINK & DRIVE, YoU LOSE MONTH" (AGENDA ITEM IX-I) CD 6:00 through 6:05 Mayor Palmer requested that the following individuals join her and the Commission at the Commission table: Christina Ammendola, President of the local chapter of Mothers Against Drunk Drivers (MADD), Murl and Sherry Mitchell, Beth and Andrew Rowe, Members, and Thomas Duncan, Captain of the Sarasota Police Department. Mayor Palmer read in its entirety the Proclamation designating December 2003 as "You Drink and Drive, You Lose" Month and indicating drunk driving is a serious problem particularly as the holiday season begins; that the hope is everyone will understand the importance of not drinking and driving; that each year drunk and drugged driving leads to one death every 30 minutes and 1.5 million arrests nationally as well as approximately 800 arrests, 417 injuries, and one-third of all fatal crashes in Sarasota County; that the National Highway Traffic Safety Administration has sponsored the "You Drink and Drive, You Lose" National Mobilization to combat the social and criminal national priority; that the Commission considers a duty to protect citizens from hazards such as impaired drivers of the highest priority and proclaims support for enhanced traffic enforcement and designated driver and sober ride programs as a valuable weapon in the battle against impaired driving and protecting citizens; and presented the Proclamation to Ms. Ammendola. Ms. Ammendola thanked the Commission and the Sarasota Police Department; and stated that the Sarasota Police Department's efforts are appreciated. Mayor Palmer stated that the Sarasota Police Department plays an important role in the drunk driving problem; and thanked Captain Thomas Duncan and members of the Sarasota Police Department for the superior efforts in the attempt to keep drunk drivers off the roads. Mayor Palmer recognized the following members and leaders of Boy Scout Troop 23 present in the Chambers audience: Stephen Cangiolosi, Star Scout; Nick Webber, Life Scout; Charles Janson, Star Scout; Jarrod Matosky, Life Scout; Phil Hale, Life Scout; John Marriot, 1st Class Scout; Matt Schnack, Tenderfoot; Chuck Janson, Assistant Scout Leader; and John Matosky, Assistant Scout Leader. Mayor Palmer stated that the Boy Scouts are present to work on merit badges for citizenship to achieve the rank of Eagle Scout; that the Commission salutes the Boy Scout leaders and the Boy Scouts seeking to achieve the rank of Eagle Scout. 11. COMMISSION PRESENTATION RE: CERTIFICATES OF APPRECIATION TO THE MEMBERS OF THE CELEBRATE SARASOTA STEERING COMMITTEE FOR THE CITY OF SARASOTA'S 100TH YEAR ANNIVERSARY CELEBRATION (AGENDA ITEM IX-II) CD 6:06 through 6:10 Mayor Palmer requested that the following members of the Celebrate Sarasota 100th Anniversary Steering Committee (Steering Committee) present in the audience, join her and the Commission at the Commission table: BOOK 55 Page 26574 12/01/03 2:30 P.M. BOOK 55 Page 26575 12/01/03 2:30 P.M. Arnold Berns; Dr. Robert Windom; Jerome DuPree; Diana Corrigan; Paul Thorpe; Barbara Thompson; and Thorning Little. Mayor Palmer stated that the Steering Committee members worked hard on the 100th Anniversary Celebration; that the Commission wishes to recognize the Steering Committee for efforts on behalf of the City and the citizens; that the Steering Committee ensured a wonderful celebration; that funds allocated for the celebration were used appropriately. Mr. Little stated that participating in such a very important series of events for the City has been an outstanding honor for the Steering Committee; that the outreach to the community was pleasing; that the community participation in events was wonderful; that the opportunity to serve a fine Commission and be of service to the City which he loves is welcome. Mayor Palmer stated that all the work the Steering Committee has done is appreciated; and presented a Certificate of Appreciation to each Steering Committee member. Mayor Palmer continued that Ms. Thompson's membership on the Steering Committee was important as her husband was the former City Manager of Sarasota for 38 years. Mayor Palmer further stated that Steering Committee members Bob Johnson, Dave LaBell, and Jim Cooney were not able to attend the meeting; that the Certificates of Appreciation will be forwarded to them. Mayor Palmer thanked City Auditor and Clerk Robinson and Staff for the extraordinary help contributed to the Celebrate Sarasota Steering Committee. 12. COMMISSION PRESENTATION RE: MAYOR'S CITATION TO PARTICIPANTS IN THE 2003 TRIP OF THE WHY ME? ORGANIZATION TO DELIVER MEDICAL SUPPLIES AND OTHER DONATIONS TO RECIPIENTS IN GUATEMALA (AGENDA ITEM IX-III) CD 6:10 through 6:15 Mayor Palmer stated that members of the Why Me? organization have visited Latin American countries on three occasions in the past 18 months to deliver medical supplies and various donations to needy children; that Why Me? sponsored participants of the Mujuchi Youth Group from Chisec, Guatemala, to travel to Sarasota from November 30 to December 13, 2003, in an exchange program to foster international understanding and goodwill; welcomed in Spanish the Mujuchi Youth Group to the City; and requested that Zak Tanjeloff, student founder of Why Me?, join her and the Commission at the Commission table. Mr. Tanjeloff stated that Why Me? is a global youth awareness and relief agency started to implement his vision of relief to the children around the world while raising awareness among teens locally about how lucky they really are; that he felt a responsibility after traveling throughout the Third World to share experiences with friends; that approximately 30 teenagers from Sarasota have visited Third World communities; that Why Me? has sponsored a trip to Sarasota for four teenagers from a very rural community who will visit local high schools and relate personal living conditions to encourage interest in the global village. Mayor Palmer read the Mayor's Citation in its entirety and presented a Citation to: Carlos Acte, President; Hector Caal Caal; Josefina Rax; Maria Cucul Mr. Acte stated that appreciation is extended for the welcoming and smiling reception; that the gift of the Mayor's Citation as well as all the other gifts of kindness from the people of Sarasota are appreciated. Mayor Palmer stated that Sarasota students have been integral to the Why Me? organization; that many students have helped in Sarasota and Latin America; that the tollowing students are recognized: Frankie Soriano, Trip Leader; Abraham Abreu; Luz Arrenguin; Chris Branning; Layla Eastep; Michelle Guck; Melissa Reese BOOK 55 Page 26576 12/01/03 2:30 P.M. BOOK 55 Page 26577 12/01/03 2:30 P.M. Mayor Palmer stated that the City is proud of the students; read the Mayor's Citation in its entirety; and presented each student a Mayor's Citation. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4504, AMENDING SARASOTA CITY CODE SECTION 33-248, CHAPTER 33, ARTICLE VII, SCHEDULES, PERTAINING TO THE SPEED LIMIT ON CERTAIN LOCAL STREETS; SETTING FORTH FINDINGS RESULTING FROM THE TRAFFIC INVESTIGATION BY THE CITY ENGINEERING DEPARTMENT; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM XI-A-1) CD 6:15 through 6:25 Mayor Palmer stated that proposed Ordinance No. 03-4504 is to establish reduced speed limits on certain local streets and opened the public hearing. Alexandrea Davis-Shaw, Deputy Director of Enginering/Deputy City Engineer, came before the Commission and stated that proposed Ordinance No. 03-4504 is to reduce the speed limit on all local residential streets to 25 miles per hour unless otherwise posted; that proposed Ordinance No. 03-4504 will reduce the speed limit on Main Street between Orange and School Avenues to 15 miles per hour; that the cost for the speed limit modification is $10,200 for the hardware and installation; that the plan was generated from the Traffic Calming program; that Staff has addressed comments and concerns from many of the neighborhoods with which Staff has worked throughout the years; that funding the cost through the Traffic Calming program is proposed; that Staff estimates ordering, receiving, and installing the required signs will require approximately 14 weeks. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4504 by title only. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 03-4504 on first reading. Vice Mayor Martin thanked Staff for the hard work on the Traffic Calming program. 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 (4 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Atkins, yes. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4519, AMENDING THE SARASOTA CITY CODE, CHAPTER 33, TRAFFIC AND MOTOR VEHICLES, ARTICLE VII, SCHEDULES, SECTION 33-249, SCHEDULE II: ONE- -WAY STREETS AND ALLEYS BY CHANGING FIRST STREET BETWEEN ORANGE AND LEMON AVENUES AND SECOND STREET BETWEEN ORANGE AND CENTRAL AVENUES TO ONE WAY STREETS FOR A TEMPORARY PERIOD SET FORTH HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) = PASSED ON FIRST READING SUBJECT TO REVISION OF LANGUAGE INDICATING DATE OF RETURN TO TWO-WAY STATUS (AGENDA ITEM XI-A-II) CD 6:25 through 6:37 Mayor Palmer stated that proposed Ordinance No. 04-4519 is to temporarily change the direction of travel on First Street between Orange and Lemon Avenues from two-way to one-way westbound and on Second Street between Orange and Central Avenues from two-way to one-way eastbound; and opened the public hearing. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that proposed Ordinance No. 04-4519 will temporarily change the direction of travel on First Street between Orange and Lemon Avenues from two-way to one-wayi that Eirst Street will be one-way westbound from Orange Avenue to Lemon Avenue; that Second Street will be one-way eastbound from Central Avenue to Orange Avenue; that on-street parking will be increased on First and Second Streets; that the proposed changes are due to the significant amount of development construction in the vicinity of City Hall and the resulting loss of parking spacesi that traffic on First Street between Lemon and Orange Avenues which will contain 43 parking spaces will be westbound; that traffic on Second Street between Central and BOOK 55 Page 26578 12/01/03 2:30 P.M. BOOK 55 Page 26579 12/01/03 2:30 P.M. Lemon Avenues which will contain 42 parking spaces will be one- way eastbound; that Second Street between Lemon and Orange Avenues will contain 25 parking spaces; that the total increase in the number of parking spaces is approximately 80 spaces; that proposed Ordinance No. 04-4519 indicates the one-way status will terminate at 11:59 p.m. on December 31, 2004; however, the final date will coincide with the opening of the 300 public parking spaces provided in the Whole Foods Market Centre project; that Staff will consider returning the streets back to two-way status in October 2004; that all signage and striping will be completed before the end of December 2003; that the cost for signage and striping is $6,500 to be paid from Gas Tax funds. Mr. Daughters continued that Staff is also placing signage on the City Hall parking area, indicating "Free Public Parking Evenings, Weekends, and Holidays." Mr. Daughters distributed a copy of a press release concerning the traffic directional changes and stated that Staff will forward the press release to the local media and all businesses on Main, First, and Second Streets; that the press release is on the City's Web page; that the press release will appear on Access Sarasota, Channel 19. Vice Mayor Martin asked if only one lane of traffic will exist on First and Second Streets? Mr. Daughters stated yes. Vice Mayor Martin asked if the press release will be delivered to Downtown merchants directly affected on First and Second Streets? Mr. Daughters stated that the press release will be delivered to merchants on Main, First, and Second Streets from US 301 to Gulf Stream Avenue. Mayor Palmer asked if advance notice signage can be installed to indicate to people who drive the Downtown streets a significant change will occur in the near future? Mr. Daughters stated that Staff did not anticipate the necessity for advance notice signage for drivers; that Staff can determine the possibility of advance notice signage to inform the public of future changes. Mayor Palmer stated that visual information should be provided for people who use the affected streets; that informing only the merchants in advance is not sufficient. Mr. Daughters stated that Staff will pursue placing temporary advance notice signs to inform the public of future changes. Vice Mayor Martin stated that changing the travel status of Main, First, and Second Streets will present traffic challenges on other streets. Mr. Daughters stated that Staff has never supported one-way streets; that the one-way status is temporary and is recommended at this time for public safety and to provide additional parking spacesi that Downtown traffic is currently constrained and will continue to worsen during the next year; however, traffic will be significantly improved after approximately one year. Commissioner Bilyeu stated that proposed Ordinance No. 04-4519 does not indicate City Hall parking is available to the public evenings, weekends, and holidays. Mr. Daughters stated that notice will be provided to the public regarding the availability of City Hall parking. Mayor Palmer asked if signage will be provided to indicate public parking at City Hall? Mr. Daughters stated that 19 signs will be posted indicating free public parking at City Hall during evenings, weekends, and holidays. Commissioner Atkins stated that a concern is traffic during the Saturday morning Farmers Market; and asked if the Farmers Market vendors are aware of the traffic flow changes? Mr. Daughters stated that the vendors will be advised. City Auditor and Clerk Robinson referred to the drawing displayed on the Chamber monitors indicating closure of Lemon Avenue from January 5 through October 2004; and asked the manner of exiting the one-way First Street at the time of closure of Lemon Avenue near the Farmers Market? Mr. Daughters stated that the Farmers Market will relocate to State Street in January 2004. BOOK 55 Page 26580 12/01/03 2:30 P.M. BOOK 55 Page 26581 12/01/03 2:30 P.M. Mayor Palmer stated that increased traffic at Second Street and Orange Avenue is a concern; that no traffic signals exist at Second Street and Orange Avenue; that the increase in traffic traveling west and north to access Fruitville Road will cause traffic bottlenecks as well as conflict points. Mr. Daughters stated that Second Street and Orange Avenue will be a more favorable intersection as traffic on the section between Lemon and Orange Avenues will be eastbound only; that the traffic on the east side of Orange Avenue can only turn left or right; that the traffic on the east side of Orange Avenue cannot go straight as the traffic is eastbound; that traffic on northbound Orange Avenue can only turn right or travel straight; that eastbound traffic will increase on Second Street but will decrease on Orange and Lemon Avenues, which will be an improvement. Mayor Palmer asked if proposed Ordinance No. 04-4519 should be amended regarding the indication traffic will be restored to two- way traffic at 11:59 p.m. on December 31, 2004, as Staff indicated reverting to two-way traffic may actually occur in October 2004? City Attorney Taylor stated that proposed Ordinance No. 04-4519 can be revised prior to second reading if desired. Mayor Palmer stated that substituting the language "as soon as possible" for the date is suggested. Mr. Daughters stated that a specific date is preferred; that "as soon as possible" is too nebulous. Mayor Palmer stated that the requirement to advertise and hold public hearings to amend proposed Ordinance No. 04-4519 should be avoided. City Manager McNees asked if language in proposed Ordinance No. 04-4519 indicating December 31, 2004, or earlier if approved by resolution of the Commission as the date is acceptable? City Attorney Taylor stated that the language can indicate on or before December 31, 2004, or at such time as Staff formally changes the street designations; that proposed Ordinance No. 04-4519 will be revised prior to second reading. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4519 by title only. On motion of Vice Mayor Martin and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 04-4519 on first reading subject to revision of language indicating date of return to two-way status. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yesi Palmer, yes; Atkins, yesi Bilyeu, yes. 15. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XII) CD 6:37 through 6:42 The following person came before the Commission: Linda Holland, President, Gillespie Park Neighborhood Association, 617 Gillespie Avenue (34236), stated that she is a 23 year resident of the Gillespie Park Neighborhood and President of the Gillespie Park Neighborhood Association; that the every Sunday feeding and clothing giveaway at Gillespie Park is a bad issue; that Reverend Butterfield and Ted Smith, Chairman of the Board of Gifts from God, made a presentation at the October 23, 2003, Gillespie Park Neighborhood Association meeting and assured the Gillespie Park Neighborhood residents the continuing problems regarding trash, noise, public urination, fights, and general disrespect for the Gillespie Park property and the surrounding neighborhood would be resolved. Ms. Holland displayed and referred to photographs on the Chamber monitors demonstrating the trash strewn around Gillespie Park; and stated that the inability to establish regulations in Gillespie Park is not understood; that the Gillespie Park residents are requesting groups using Gillespie Park to be responsible; that requesting people to clean up trash is not unreasonable; that a trash filled City park is disgusting and disgraceful; that the neighborhood residents must look at the trash-filled park every week as a direct result of the organization whose representatives attend public hearings and indicate under oath the organization is a good neighbor and the trash is picked up and removed; that the Commissioners bragged about the Gillespie Park Neighborhood while running for office and talked about how wonderful the residents were to clean up the Gillespie Park Neighborhood; that the residents worked closely with the City to make the area a better BOOK 55 Page 26582 12/01/03 2:30 P.M. BOOK 55 Page 26583 12/01/03 2:30 P.M. neighborhood; that currently the residents are perceived as mean and hateful people as the residents do not like to look at a trashed park and are disturbed by noise and men urinating in the middle of the park while children are present; that recently, prophylactics were being distributed in the Gillespie Park pavilion while unsupervised little children were playing in the park; that regulations must be established for Gillespie Park; that the City should help the Gillespie Park Neighborhood residents who have worked hard to improve the neighborhood; that the Gifts from God group is making a disgrace of Gillespie Park; and distributed for the record samples of prophylactics recently being distributed in Gillespie Park. 16. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR TO SEND A LETTER OF SUPPORT TO THE SARASOTA COUNTY COMMISSION FOR ITS PROPOSED ORDINANCE, WHICH WOULD WAIVE IMPACT FEES IMPOSED BY SARASOTA COUNTY FOR FIRE/RESCUE, PARKS, LIBRARY, AND ROADS WITHIN THE ENTERPRISE ZONE APPROVED (AGENDA ITEM XIV-I) CD 6:42 through 6:45 Mayor Palmer stated that the request is for the Mayor to send a letter of support to the Sarasota Board of County Commissioners for a proposed County Ordinance to waive County impact fees for fire/rescue, parks, library, and roads within the Enterprise Zone. Dru Jones, Economic Redevelopment Coordinator, came before the Commission and stated that Sarasota County has drafted a proposed Ordinance to waive County impact fees for fire/rescue, parks, library, and roads within the Enterprise Zone through the effective date of the Enterprise Zone of December 31, 2005; that a quantitative analysis of the impact of waiving the impact fees was prepared for and reviewed by the County's Public Facilities Finance Advisory Board which concluded the potential benefits of encouraging development outweigh the reduction in revenues associated with mitigating the fees; that the Enterprise Zone Development Agency (EZDA) Advisory Board, the City Administration, and City Staff support the initiative as an additional economic stimulus to encourage revitalization within the Enterprise Zone; that Staff recommends authorizing the Mayor to send a letter of support to the Sarasota Board of County Commissioners for a proposed Ordinance waiving impact fees imposed by Sarasota County for fire/rescue, parks, library, and roads within the Enterprise Zone. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to authorize the Mayor to send a letter of support to the Sarasota Board of County Commissioners for a proposed Ordinance waiving impact fees imposed by Sarasota County for fire/rescue, parks, library, and roads within the Enterprise Zone. Commissioner Atkins stated that the City is encouraged by Sarasota County's position concerning the waiving of impact fees; that the EZDA Advisory Board, which he chairs, has been active in the process; that Sarasota County Commissioner Paul Mercier has been supportive of the processi that supporting the proposed County Ordinance is encouraged SO the City can move forward in attempting to invigorate the Enterprise Zone with not only affordability but entrepeneurship. Mayor Palmer called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yesi Bilyeu, yesi Martin, yes; Palmer, yes. 17. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XV) CD 6:45 through 6:55 COMMISSIONER ATKINS: A. stated that the recent meeting of the Sarasota Housing Authority and the Commission was good; that the Steering Committee for the HOPE (Housing Opportunities for People Everywhere) VI Revitalization Grant application is making progress; that authorizing the appropriation of $20,000 from the General Fund Reserves for half the cost of a real estate market study and public relations plan for the HOPE VI grant application is appreciated. COMMISSIONER BILYEU: A. stated that two important issues were addressed at the November 24, 2003, Sarasota/Manatee Metropolitan Planning Organization (MPO) meeting; that the first issue was the street widening project for 12th Street from Tuttle Avenue to Beneva Road for which some funding was included in last year's MPO five year plan; however, the current year's MPO five year plan does not include BOOK 55 Page 26584 12/01/03 2:30 P.M. BOOK 55 Page 26585 12/01/03 2:30 P.M. any funding for the project due to increased costs in other projects in the City and County; that the MPO was requested to reallocate funds for the project; that a vote regarding funding will occur in June 2004; that funds are not available for actual construction of the project; therefore, the MPO did not wish to allocate funds for a project which may not actually be constructed; that the project is important and was scheduled to begin in 2006/07; that funds were originally allocated for 2008/09 but were reallocated to the Bee Ridge Road project; that the second item of importance was the City's Downtown Mobility Study; that the MPO was requested to allow an hour for a City Staff presentation of the Downtown Mobility Study; that several Commissioners from other jurisdictions, particularly Sarasota and Manatee Counties, were supportive of the request. Vice Mayor Martin stated that the meeting was attended as an alternate; that the summation is good. MAYOR PALMER: A. stated that she made a presentation to the Legislative Delegation of Sarasota and Manatee Counties concerning the City's Legislative Priority List, primarily addressing the ad valorem tax issue regarding the Ed Smith Sports Complex and the availability of grants from the State for renovations of sports arenas; that City Manager McNees, Patrick Calhoon, Manager, Sports Facilities, and Jeff Maultsby, Manager, Florida Operations, Cincinnati Reds, attended the presentation; that the hope is the City's requests will be granted. B. stated that she attended the October 18, 2003, meeting of the Sarasota Board of County Commissioners, which voted unanimously to contribute $200,000 to the Lido Beach pool renovation, less one-half of private funds received; that the contribution is greatly appreciated. 18. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL CONTACT REPRESENTATIVES OF GIFT FROM GOD AND REPORT BACK TO THE COMMISSION (AGENDA ITEM XVI) CD 6:50 through 7:19 COMMISSIONER ATKINS: A. stated that the Miami Hurricanes are the Big East Champions; that Booker High School is the State of Florida 3-A Regional Champion; that the City celebrated being the City of Champs in the past; that a local baseball team for youths 13 years of age and under recently won a State championship; that the team was assured the City would recognize and support the team's efforts and accomplishments. COMMISSIONER BILYEU: A. stated that Staff is conducting a survey regarding alleyways and dumpsters; that problems have been encountered at Julia Place; that some dumpsters in residential areas are unsightly; that four or five small trash cans rather than a large dumpster could be utilized; that a telephone call regarding the problem was recenty received; that City Staff has been making significant efforts; however, the sidewalk in the area of Julia Place is cracked; that trash is accumulating; that increased development results in the use of dumpsters; that residents dislike seeing dumpsters on a daily basis. City Manager McNees stated that a telephone call was also received; that Staff is investigating the use of dumpsters; that Staff will provide a solution. Commissioner Bilyeu stated that the residents of the area praised City Staff and are attempting to solve the problem in the most efficient manner possible. B. stated that the November 1983 Regional/Urban Design Assistance Team (R/UDAT) Study indicated a traffic circulation system within the Downtown Core is necessaryi that Downtown activities and residential use have increased and will continue to increase; that utilizing a trolley in the immediate Downtown Core will help move the traffic and alleviate the necessity to travel in automobiles; that two trolleys may only cost $100,000; that a public/private trolley system may be feasible; that good traffic flow is important for Downtown businesses; that the Commission may wish to BOOK 55 Page 26586 12/01/03 2:30 P.M. BOOK 55 Page 26587 12/01/03 2:30 P.M. consider a trolley in the Downtown area to facilitate movement of pedestrians and vehicles. Mayor Palmer stated that $70,000 was previously allocated in the budget of the Community Redevelopment Agency for trolleys; that the allocation was continued for transportation purposes although the trolleys were not successful; that other options are being explored; and asked for comment from Staff. City Manager McNees stated that no additional thought has been given to a separately run City trolley system; that an individual previously proposed a public/private partnership for a trolley system; however, no additional discussions have occurred recently. Commissioner Bilyeu stated that the City must take action; that previously, a private organization ran a trolley system in the City; that regional transportation has been discussed at the Sarasota/Manatee Metropolitan Planning Organization (MPO); however, funds will not be available for a number of years; that public transportation has been an issue for many years; that the local governments are not taking action; that organizing, establishing, and maintaining public transportation is difficult; that nevertheless, a trolley system should be considered. Mayor Palmer stated that $70,000 has been allocated for transportation in the budget for fiscal year 2003/04 but is not sufficient to fund a complete transit system; that everybody agrees a decent transit system is required as residential development is increasing significantly. C. stated that the problems in Gillespie Park identified under Citizens' Input by a Gillespie Park Neighborhood resident should be addressed; that the problems in Gillespie Park are a concern. City Manager McNees stated that the situation is difficult and is highly emotionally charged; that the Sarasota Police Department patrols Gillespie Park regularly, is present immediately before and after the majority of the feeding events, but is only able to regulate activities which are illegal by State law or local ordinance; that some objectionable behaviors have not been ruled by the State or the City as illegal; that the issue with trash being left in the park is a City concern; that knowing who leaves the trash is not possible; that placing larger trash receptacles may be a solution; that Staff will attempt to persuade groups utilizing Gillespie Park to make a sincere effort to clean up after events; that the Sarasota Police Department cannot provide a solution to the problems at Gillespie Park with existing ordinances. Commissioner Atkins stated that discussions have been held with representatives of Gifts from God regarding a solution for the problems in Gillespie Park; that the situation is difficult for the City, Gillespie Park Neighborhood residents, and the Gifts from God organization; that Gifts from God should be reminded of the City's expectations and do everything possible to alleviate the problems in the Gillespie Park Neighborhood resulting from the Sunday feedings; that the City is also in the process of alleviating problems; that the Gillespie Park Neighborhood residents are requested to have patience; that the frustration of the residents is understood. Mayor Palmer stated that the Gifts from God group is not removing trash from Gillespie Park as promised, which is a serious problem; that the Gillespie Park Neighborhood residents have endured problems for years; that a cooperative effort is required; that Gifts from God must understand the frustration level in the Gillespie Park Neighborhood and must perform as promised; that distributing prophylactics in a park while children are present is inappropriate. Commissioner Atkins stated that distributing prophylactics is not personally objectionable; that he does not necessarily agree Gifts from God is not fulfilling commitments. Mayor Palmer stated that the Administration is requested to report back to the Commission with a recommendation for a solution to problems at Gillespie Park. City Manager McNees stated that he will contact representatives of Gifts from God and report back to the Commission; that Staff has suggested potential use restrictions or permit processes to place conditions on the use of the park; however, the City has not adopted any use restrictions or permit processes; that regulating illegal uses is the only solution available; that Staff will continue to work with Gillespie Park users to encourage responsible use of Gillespie Park; that the answer may be to use larger trash receptacles. Commissioner Atkins stated that a dumpster can be placed in Gillespie Park on Sunday mornings and removed Sunday evenings. BOOK 55 Page 26588 12/01/03 2:30 P.M. BOOK 55 Page 26589 12/01/03 2:30 P.M. Mayor Palmer stated that bringing back a report as soon as possible would be appreciated. Commissioner Bilyeu stated that the Commission should not be required to deal with human behavior; that people will generally abide by rules if rules are in place; that everyone should follow the rule to "do unto others as you would have them do unto you." MAYOR PALMER: A. asked the status of the Memorandum of Understanding with the County regarding the Tax Increment Financing (TIF) District and the review and updating of the Interlocal Agreements? City Manager McNees stated that approximately one year ago the Commission directed the Administration to review all Interlocal Agreements with Sarasota County and identified the Interlocal Agreements regarding Parks and Recreation and Transportation Impact Fees as top priorities; that Staff is attempting to immediately resolve the issue concerning the Interlocal Agreement regarding Parks and Recreation of defining capital and maintenance expenses specifically involving the Lido Pool; that significant Staff time was required regarding the County Administration's potential move to the Arthur Andersen building and the Sarasota County Area Transit (SCAT) transfer facility; that discussions have been held with the County Administrator to schedule a meeting to address the Interlocal Agreement regarding Parks and Recreation. City Manager McNees continued that a memorialization of the major terms of the Memorandum of Understanding regarding the County's decision to remain Downtown and not move to the Arthur Andersen building including the expiration of the Community Redevelopment Agency (CRA) in 2016, the commitment to repay the overpayment to the TIF Fund, and the use of TIE Funds for the SCAT transfer facility were on the Agenda of the October 6, 2003, Regular Commission meeting as a companion item to approval of the site plan for the SCAT transfer facility; that the Commission approved neither the site plan nor the companion item, which will be presented again at the time the site plan for the SCAT transfer facility comes before the Commission again; that the Administration will likely recommend approval of the companion item memorializing the issues related to the TIF Fund and the CRA even if the site plan for the SCAT transier facility is not approved at the December 17, 2003, Special Commission meeting. Mayor Palmer asked the status of other Interlocal Agreements referenced in the Memorandum of Understanding dated June 17, 2003? City Manager McNees stated that issues related to parking are non- specific; therefore, developing definitive Interlocal Agreements is difficult; that conversations have been held with the County concerning the revision of existing agreements regarding parking to include, for example, the parking which will be developed at Payne Park in fulfillment of a portion of the parking commit tment; that the language in the Memorandum of Understanding is general; therefore, a definitive Interlocal Agreement is probably not possible; that the City and County continue to discuss the issues arising from the Memorandum of Understanding and will memorialize the agreements as possible. Mayor Palmer asked if updating the other Interlocal Agreements is part of the Strategic Plan process? City Manager McNees stated yesi that Staff perceives the Commission's first priorities as the Interlocal Agreements regarding Parks and Recreation and Transportation Impact Fees; that further priorities have not been identified; that Staff will request the Commission identify priorities subsequent to the completion of the review and updating of the Interlocal Agreements regarding Parks and Recreation and Transportation Impact Fees. Mayor Palmer stated that several Interlocal Agreements must be reviewed and updated. Vice Mayor Martin stated that the Interlocal Agreement regarding Parks and Recreation is a major consideration; that the continual question regarding the definition of maintenance expense and capital improvement must be resolved; that the resolution may be easier with the new Governmental Accounting Standards Board (GASB) rules; that regardless, the City has developed an enhanced landscaping and maintenance effort as new City projects have been completed and the level of service demanded of the City has increased; that the Interlocal Agreement regarding Parks and Recreation must be carefully analyzed to determine if currently valid and appropriate. City Manager McNees agreed; and stated that the conditions under which Staff would currently review Interlocal Agreements are vastly different from the time the Interlocal Agreements were BOOK 55 Page 26590 12/01/03 2:30 P.M. BOOK 55 Page 26591 12/01/03 2:30 P.M. created; that development of parks and greenspace is occurring sO rapidly the City will shortly be maintaining a larger park system than the County; that the overall perspective should be considered; that review and updating the Interlocal Agreement regarding Parks and Recreation is not urgent due to the current rapid change; that emphasis should be placed on the future of parks and recreation rather than the present. Mayor Palmer stated that the issue is the level of service rather than just maintenance and a distinction between maintenance expense and capital; that the level of service to the citizens for parks and open spaces is key; that the desire is to ensure the review of the Interlocal Agreements, particularly the Interlocal Agreement regarding Parks and Recreation, is progressing. B. stated that Staff forwarded a notice indicating a $200,000 grant for the renourishment of Lido Beach was passed by the US Congress. 19. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVII) CD 7:19 through 7:20 V. PETER SCHNEIDER: A. stated that the consultant preparing the Strategic Plan indicated he has been released from the hospital following surgery and will return to working on the Strategic Action Plan. 20. ADJOURN (AGENDA ITEM XVIII) CD 7:20 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of December 1, 2003, at 7:20 p.m. LOU ANN R. PALMER, MAYOR ATTEST: - 13Ve BILLI E: ROBINSON, CITY AUDITOR AND CLERK