BOOK 52 Page 23371 06/17/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 17, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Vice Mayor Lou Ann R. Palmer PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: SARASOTA POLICE DEPARTMENT ACCREDITATION BY THE COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION CD 6:01 through 6:07 Mayor Mason request ted that City Manager McNees and Edward Whitehead, Acting Chief of Police, Sarasota Police Department (SPD), join her and the Commission at the Commission table for the presentation. City Manager McNees stated that the commi tment to the accreditation process by Acting Chief Whitehead and recently retired Chief of Police Gordon "Skip" Jolly, who could not attend the meeting, is recognized. Acting Chief Whitehead stated that the SPD was awarded full Accreditation by the Commission for Florida Law Enforcement Accreditation on May 22, 2002, at a ceremony in Maitland, Florida; that an assessment team of three law enforcement professionals conducted a three-day extensive review of the SPD's operations for accreditation by the Commission for Florida Law Enforcement Accreditation; that the Team Leader, Bob Garlo, Assistant Chief of Police for the Teguesta, Florida, Police Department, commended the SPD as follows : The Sarasota Police Department's preparedness for their on- site review was exceptional. The agency's policies and procedures were clear, comprehensive and addressed every accreditation standard and requirement. The files were impeccable. The Sarasota Police Department is comprised of highly skilled professional men and women, both sworn and civilian. Agency members displayed an excellent working knowledge of policies and procedures and applies those consistently in their daily operations. A video tape depicting the success of the SPD accreditation process was shown on the Chamber monitors. Acting Chief Whitehead stated that preparations for the accreditation process began in June of 2000 and continued through March of 2002; and requested Captain Alan Woodle, Professional Standard Division Commander, SPD, and Sergeant Alfreda Jackson, Accreditation Manager, SPD, come before the Commission. Captain Woodle stated that working on the accreditation process was a great pleasure; that Staff contributed to the processi that Sergeant Jackson did 98 percent of the actual work and was responsible for documenting the successful achievement of the 261 standards required for accreditation; that all contributing individuals worked as a team to accomplish the accreditation; that the efforts of all who contributed are appreciated. City Manager McNees read in its entirety the accreditation certificate from the Commission for Florida Law Enforcement Accreditation indicating the SPD voluntarily complied with the required standards established by the Commission for Florida Law Enforcement Accreditation and presented the accreditation certification appropriately framed to the Mayor on behalf of the City. City Manager McNees stated that Acting Chief Whitehead and the other members of the SPD team are congratulated for the accomplishment; that the Commission can be proud of the SPD. Mayor Mason stated that the SPD is a source of pride for the City and is encouraged to keep up the good work; that the preparedness efforts are exceptional; that on behalf of the Commission, the SPD is congratulated for achieving the outstanding award. 2. PROCLAMATION RE : PROCLAIMING THE WEEK OF JUNE 24 THROUGH JUNE 30, 2002 AS FLORIDA WOMEN IN GOVERNMENT, 1 INC., IN THE CITY OF SARASOTA CD 6:08 through 6:13 BOOK 52 Page 23372 06/17/02 6:00 P.M. BOOK 52 Page 23373 06/17/02 6:00 P.M. Mayor Mason requested that Commissioner Quillin and Pamela Christian, President of the Gulf Coast Local Chapter of Florida Women in Government, Inc. (FWG, Inc.), and representatives from FWG, Inc., join her and the Commission before the Commission table for the presentation. Commissioner Quillin read in its entirety the Proclamation declaring the week of June 24 through June 30, 2002, FWG, Inc., Week in the City and indicating that FWG, Inc., is a not-for- profit organization which is not aligned with any political party; that FWG, Inc., provides an opportunity for self- improvement, professional development, and to elevate the standards of personnel in the public sector; that FWG, Inc., believes everyone is entitled to be emotionally and financially independent and supports the attainment of education, vocation, career, and personal goals without real or artificial barriers; that FWG, Inc., supports good government and the development of highly skilled, forward thinking professionals to meet today's challenges; that the Gulf Coast Local Chapter of FWG, Inc., has adopted the mission statement of furthering the personal and career development of members through professionalism, education, and community service; and presented the Proclamation to Ms. Christian. Ms. Christian introduced the officers and members of FWG, Inc., expressed appreciation to the members for their efforts, and stated that receiving the Proclamation declaring June 24 through June 30, 2002, as FWG, Inc., Week is exciting; that City Manager McNees and City Auditor and Clerk Robinson have offered excellent support to FWG, Inc. Mayor Mason stated that Ms. Christian is the incoming President of the State FWG, Inc. Commissioner Quillin stated that individuals interested in joining FWG, Inc., are encouraged to inquire; that FWG, Inc., is primarily a service organization. 3. PRESENTATION RE: EXPRESSION OF RECOGNITION FROM THE ENTERPRISE ZONE REDEVELOPMENT AGENCY FOR THE CITY'S AND COUNTY'S EFFORTS IN THE ESTABLISHMENT OF THE ENTERPRISE ZONE CD 6:14 through 6:16 Mayor Mason requested that the other Commissioners, City Manager McNees, and City Auditor and Clerk Robinson join her before the Commission table for the presentation; stated that in her capacity as Chair of the Enterprise Zone Development Agency (EZDA), a presentation regarding the Enterprise Zone is added to the Agenda; read in its entirety the plaque from the EZDA to the City recognizing the establishment of the Enterprise Zone and indicating that the joint application by the City and County for the establishment of the Enterprise Zone is appreciated; that the Enterprise Zone designation awarded by the State Legislature on January 1, 2002, is the first step in a long journey to the successful transformation of the City's Enterprise Zone area and will contribute to the excellence of the City; and presented the plaque to the Commission, the City Manager, and the City Auditor and Clerk. Commissioner Quillin stated that Staff's efforts are appreciated, particularly those of Karen Hartman, Director of Downtown Redevelopment, who worked hard on achieving the Enterprise Zone designation; that achieving the Enterprise Zone designation from the State was a team effort; that the Enterprise Zone will be a great asset to the City. 4. PRESENTATION RE: EXPRESSION OF APPRECIATION FROM REPRESENTATIVES OF THE SOAP BOX DERBY AND INTRODUCTION OF THE 2002 SOAP BOX DERBY WINNER, CAMRON REIGELSPERGER CD 6:16 through 6:19 Mayor Mason requested that Judy Alexander, representative of the Soap Box Derby, Camron Reigelsperger, 2002 Sarasota Soap Box Derby Winner, and Mr. Reigelsperger's mother and sister, Beth and Carah Reigelsperger join her and the Commission at the Commission table for the presentation. Ms. Alexander stated that the Soap Box Derby appreciates the City's support for the fourth year of the Derby; that the Police and the Public Works Departments were extremely helpful; that the Derby looks forward to the City's support next year; and presented the Mayor on behalf of the City a framed poster from the 2002 Soap Box Derby in appreciation of the Commission's ongoing support. Ms. Alexander further stated that Camron Reigelsperger will represent the City at the National Soap Box Derby Championship in Akron, Ohio. BOOK 52 Page 23374 06/17/02 6:00 P.M. BOOK 52 Page 23375 06/17/02 6:00 P.M. Mr. Reiglesperger thanked the Commission for making his dreams come true and allowing the Soap Box Derby to use Main Street. Ms. Beth Reiglesperger thanked the Commission for supporting the City's children through the Soap Box Derby program. Mayor Mason stated that the recognition is a demonstration of appreciation to the City for being a sponsor of the Soap Box Derby and congratulated Camron Reigelsperger as the 2002 Soap Box Derby Winner. 5. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 6:19 through 6:20 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Unfinished Business, Item No. VII-2, Approval Re: Authorize Staff to interpret and implement the RSM-9 Zone District to allow a 3-foot minimum setback for both side and rear yards of accessory structures until a future zoning text amendment to correct this and other "scrivener's errors" can be processed per the request of Deputy Planning and Development Director Taylor. City Auditor and Clerk Robinson stated that citizens' comments will not be permitted on Agenda Item VII-2. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Mason, yes. 6. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 3, 2002, AND SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 5, 2002, = APPROVED (AGENDA ITEM I-1, -2) CD 6:20 through 6:21 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the Regular Sarasota City Commission meeting of June 3, 2002, and the Special Sarasota City Commission meeting of June 5, 2002, are approved by unanimous consent. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16 AND 17 - APPROVED ; ITEM NO. 3 REMOVED AND CONSIDERED AS AGENDA ITEM VIII-2 (AGENDA ITEM III-A) CD 6:21 through 6:23 Commissioner Quillin requested that Item No. 3, concerning a two-year Corporate Sponsorship Agreement between the City and Gettel Automotive, Inc., for a loaned vehicle be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 3, will be discussed under New Business as Agenda Item VIII-2. 1. Approval Re: Set for Public Hearing Proposed Ordinance 02-4380, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota; amending Section 24-103, Pension benefits; to provide that the pension benefit being paid to every disability retiree or the joint annuitant of a disability retiree who retired on or before January 1, 2000, will be increased to approximate the current benefit multiplier of 2.5 percent, effective March 1, 2002, and deletes obsolete language on prorated cost of living adjustment benefits, etc. 2. Approval Re: Set for Public Hearing Proposed Ordinance 02-4381, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending Section 24-69, Disability benefits; provides that the monthly pension benefit being paid to every police officer that became disabled in the line (prior to the effective date of the ordinance) will be increased to $2,592.62. Provides that the monthly pension benefit being paid to the widow of a police officer that became disabled in the line of duty (prior to the effective date of the ordinance) will be increased to $1,728.42, effective March 1, 2002, etc. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement for Water Quality and Seagrass Study between the City of Sarasota and Mote Marine Laboratory, Inc., in the amount of $29,970.00 to examine areas of Sarasota Bay seagrass change in relation to the water quality characteristics. BOOK 52 Page 23376 06/17/02 6:00 P.M. BOOK 52 Page 23377 06/17/02 6:00 P.M. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Dennis Kowal for the loan of the sculpture Photon II to be located on a site near the Bayfront southwest of Van Wezel Performing Arts Hall. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment No. 1 to the Lease Agreement between the City of Sarasota and VoiceStream Tampa/Orlando, Inc., regarding Bobby Jones Golf Course Flag Pole Antenna Site. 7. Approval Re: Letter to the Chairman of the House Committee on Transportation Infrastructure supporting the reauthorization of the Federal Transportation Efficiency Act 2001 (TEA-21) to provide states with the funding necessary to enhance transportation systems and infrastructure and authorize the Mayor to sign. 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the Agreement between the City of Sarasota and Howard Marlowe for Professional Lobbyist Services for Lido Beach Projects. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County for the distribution of Local Option Gas Tax Revenues for the period September 1, 2002, through August 31, 2003. 10. Approval Re: Authorize the City Attorney to prepare, and the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and David W. Johnston Associates, Inc. (R.F.P. #99-49H) for the second extension of the agreement for landscape architectural services on an "as needed" basis. 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sarasota County Government Florida Boater Improvement Program Contract for the reconstruction of the boat ramps at Ken Thompson Park. 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Michael Moran and Catherine Moran for water service for a developed site located at 2921 Arlington Street. 13. Approval Re: Award contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jon F. Swift, Inc., (Bid #02-36M) in the amount of $1,216,493.38 for Streetscape Improvements to the Park East Neighborhood. 14. Approval Re: Revision to the 1996 Subordination of Liens Policy Guidelines that outlines the procedures used by the Office of Housing and Community Development (OHCD). 15. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute Amendment 8 to the State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan (LHAP) modification to Special Needs Housing and Public Housing/Home Ownership Programs. 16. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement for Publishing Services between the City of Sarasota and Gulfshore Media, Inc., for publishing rights for Van Wezel program books for the next four years. 17. Approval Re: Monthly activities report from the Downtown Association of Sarasota, Inc. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve Consent Agenda Nos. 1, 2, and 4 through 17, inclusive. Motion carried unanimously (4 to 0): : Martin, yes; Quillin, yes; Servian, yes; Mason, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1509) REMOVED AND CONSIDERED AS AGENDA ITEM VIII-3; ITEM 2 (ORDINANCE NO. 02-4383) - ADOPTED ; AND ITEM 3 (ORDINANCE NO. 02-4385) - ADOPTED (AGENDA ITEM III-B) CD 6:23 through 6:25 Commissioner Quillin requested that Item No. 1 concerning proposed Resolution No. 02R-1509 be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 2 will be considered under New Business as Agenda Item VIII-3. 2. Adoption Re: Proposed Ordinance No. 02-4383, amending the Future Land Use Chapter of the Comprehensive Plan of BOOK 52 Page 23378 06/17/02 6:00 P.M. BOOK 52 Page 23379 06/17/02 6:00 P.M. the City of Sarasota (a/k/a the Sarasota City Plan [1998]) to change the Future Land Use Classification of a 2.84 acre parcel of vacant property located at the northwest corner of the South Tamiami Trail and Prospect Street and having a street address of 1250 South Tamiami Trail from the "Single Family Moderate Density" and "Community Commercial" Future Land Use Classifications to the "Community Office Institutional" Classification; etc., (Title Only) (Application No. 01-PA-06, Joel Freedman, AICP, Freedman Consulting Croup, Inc., as agent representing 1224 Holdings, Ltd., as owner). 3. Adoption Re: Proposed Ordinance No. 02-4385, to rezone real property from the Multiple-Family-Residential-s (RMF-3) Zone District to the Commercial Central Business District (C-CBD) Zone District to allow an office building generally located on the southeast corner of Fruitville Road and Wallace Avenue, a/k/a 2062 Fruitville Road and 220 Wallace Avenue, as more particularly described herein; approving Site Plan 02-SP-18 which has been proffered as a condition of this rezoning; etc., (Title Only) (Application Nos. 02-RE-07 and 02-SP-18, Applicant Joel Freedman, AICP, Freedman Consulting Group, Inc., as agent representing Sanford Cohen, as owner City Auditor and Clerk Robinson read proposed Ordinance Nos. 02-4383 and 02-4385 by title only. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 2 and 3. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Quillin, yesi Servian, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED NORTHEAST TRAFFIC CALMING MASTER PLAN DEVELOPED BY TASK FORCE COMMITTEE FOR THE CONSTRUCTION OF SPEED TABLES ON TAMISOLA STREET BETWEEN SCHOOL AVENUE AND EUCLID AVENUE - APPROVED THE ADDITION TO THE NORTHEAST TRAFFIC CALMING MASTER PLAN AND AUTHORIZED THE ENGINEERING DEPARTMENT TO CONSTRUCT SPEED TABLES ON TAMI SOLA STREET AND DIRECTED THE ADMINISTRATION TO CONTACT THE SUPERINTENDENT OF SCHOOLS FOR SARASOTA COUNTY REGARDING FINANCIAL ASSISTANCE FOR THE TRAFFIC- CALMING MEASURES (AGENDA ITEM IV-A-1) CD 6:26 through 6:59 Mayor Mason stated that the request is to construct speed tables on Tamisola Street as a proposed addition to the Northeast Traffic Calming Master Plan and opened the public hearing. Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, and Natalie Rush, Transportation Planner, Engineering Department, came before the Commission. Ms. Davis-Shaw stated that the Northeast Traffic Calming Task Force studied the area encompassing the Alta Vista Park, Paver Park and Ringling Park neighborhoods, reviewed concerns expressed by Tamisola Street residents regarding traffic volumes and speeds, and recommends the construction of speed tables on Tamisola Street; that the Engineering Department performed a traffic study of Tamisola Street and found three of the five traffic-calming warrants were met; that the Tamisola Street residents were surveyed to provide the Commission evidence of support for the speed tables; and distributed a traffic-calming survey chart which was revised since the publication of the chart included in the Agenda backup material and indicating nine residents are in favor of and two opposed to the construction of the speed tables. Commissioner Quillin asked if Alta Vista Elementary School and Sarasota High School (SHS) were contacted? BOOK 52 Page 23380 06/17/02 6:00 P.M. BOOK 52 Page 23381 06/17/02 6:00 P.M. Ms. Davis-Shaw stated that the Alta Vista Neighborhood Association contacted the schools. Commissioner Quillin stated that the speed tables will impact two schools; that high school students are causing havoc in the parking lots and surrounding neighborhoods, which is a concern; that the School Board of Sarasota County (School Board) should contribute to the cost of the traffic-calming measuresi and asked if Staff has contacted the School Board? Ms. Davis-Shaw stated that the School Board was not directly contacted by the City. Commissioner Quillin stated that part of the traffic-calming area is utilized as a parking lot for SHS juniors and seniors; that the former SHS principal, Dan Kennedy, was aware of the traffic situation; that Tamisola Street is utilized as a cut-through to Alta Vista Elementary School due to the closure of School Avenue and congestion on Euclid Avenue. Ms. Davis-Shaw stated that residents of other neighborhoods have requested traffic calming in conjunction with school traffic; that traffic counts are performed during peak traffic periods and during school session if school traffic is contributing to the traffic problem; that the difference between school traffic and overall traffic is not designated in the traffic study. Commissioner Quillin stated that the traffic-calming survey chart indicates the residents on the south side of Tamisola Street were surveyed but does not indicate the schools in the area, which may be contributing to the traffic impact, were surveyed; that the School Board should participate in traffic abatement between School Avenue and Shade Avenue on Tamisola Street; that students utilize Tamisola Street as a cut-through to access the SHS parking lot; that the City should not bare the entire burden of the cost for traffic calming; that the School Board should financially contribute to traffic abatement; that an alternative is for SHS to suspend the parking permits of students abusing parking privileges; that student athletes abuse the parking privileges in the parking lot on Wood Street which impacts the neighborhood; that traffic abatement will not solve the school problem; that the School Board should assist with the traffic situation. Ms. Davis-Shaw stated that the School Board could be contacted to discuss financial participation for traffic abatement if desired. Commissioner Quillin stated that the School Board should participate in some way; that the School Board is in control of the parking permits for the SHS students; that the students are impacting the traffic situation; that as an example, the parking permits are suspended if students are cited on Wood Street. City Manager McNees stated that Tamisola Street residents are subject to traffic from SHS and the new Young Men's Christian Association (YMCA) ; that Tamisola Street is also utilized to avoid traffic on Bahia Vista Street; that the School Board will be contacted concerning financial participation if desired. Commissioner Quillin stated that the School Board should regulate the parking permits for students abusing parking privileges; that the YMCA members are not utilizing Tamisola Street during school hours due to the gated Closure of School Avenue; that accessing Bahia Vista Street from Tamisola Street is easier at the intersection of Shade Avenue and Bahia Vista Street than at the intersection at School Avenue and Bahia Street due to the traffic signal. City Manager McNees stated that the City will continue to work with SHS regarding enforcement issues; that speed and noise have also been problems. Commissioner Martin asked which warrants have been met for Tamisola Street? Ms. Davis-Shaw stated that a street must meet three of the five traffic-calming warrants to qualify for traffic-calming measures; that the five warrants are: 1) number of crashes per year, 2) pedestrian volume, 3) cut-through traffic, 4) speed, and 5) overall volume; that the overall volume is a maximum of 1,000 cars per day with a speed limit of 25 miles per hour (mph) for Tamisola Street; that the traffic for Tamisola Street yielded a volume of 1,714 cars per day and an 85th percentile speed of 36.87 mph; that the traffic study indicated cut-through traffic is 92 percent. Commissioner Quillin stated that the traffic-calming warrants for Tamisola Street were met due to the students using Tamisola Street as a cut-through to the SHS parking lot. The following people came before the Commission: BOOK 52 Page 23382 06/17/02 6:00 P.M. BOOK 52 Page 23383 06/17/02 6:00 P.M. Elissa Mirabelli, 2364 Browning Street, (34237), and David Codding, 2448 Tamisola Street, (34237). Ms. Mirabelli stated that she is a member of the Northeast Traffic Calming Task Force and one of the six board members of the Alta Vista Neighborhood Association; that the speed tables on Tamisola Street are supported; that several residents expressed concern regarding the traffic situation on Tamisola Street to Dan Kennedy, former SHS principal; that residents of Tamisola Street attended a neighborhood meeting and indicated daytime and nighttime traffic is a problem between Shade Avenue and School Ave; that people attending events at the ball field are noisy, speed on neighborhood streets, and park on residents' property; that the residents at the meeting support the traffic-calming measures; that the traffic impediments encountered by the Coalition to Assist Supported Living Corporation (CASL), located on the corner of Shade Avenue and Tamisola Street, are unknown; however, CASL will be contacted regarding support for traffic abatement; that the speed tables are supported by the neighborhood. Mr. Codding stated that he has resided on Tamisola Street for over 20 years; that speed tables are not supported; that the plans include construction of a speed table directly in front of his residence; that the survey was received on the day the response was due; that nevertheless, his response to the survey is indicated on the traffic-calming survey chart; that the Engineering Department advised a traffic study was performed in 2001 on Tamisola Street, at which time the required warrants for traffic-calming measures were not met; that information regarding a recent traffic study is desired; that the traffic caused by SHS students is a concern; that SHS has been contacted; that cars have been removed as a result of complaints; that school buses leaving Alta Vista Elementary School in the afternoon are a problem; that a discussion was held with the school bus director regarding the traffic concernsi however, no action has been taken; that the School Board is not in favor of speed tables on a school bus route; that an additional discussion was held with a school bus driver who indicated speed tables are not supported; that the mailing of the survey was untimely; that an exit to a main road from his residence without obstacles is desired; that his residence is cut off from School Avenue due to the gated closure and a hazardous dip which exists in the road at the intersection of Euclid Avenue and Bahia Vista Street; that the curb was reconstructed several years ago due to numerous flat tires and complaints to the City; that obstacles exist in every direction from his residence; that an unobstructed exit out of his residence is requested. Ms. Mirabelli stated that a long-range beautification goal for the City could be to construct roundabouts at the intersection of Tamisola Street and Shade Avenue and the intersection of Wood Street and Shade Avenue; that beautification and roundabouts would slow traffic. Mr. Codding stated that ample notice and mailing time regarding Tamisola Street would be appreciated in the future; that receiving the survey on the day the response was due was disappointing; that the belief is the survey was mailed due to a call placed to the City after viewing the markings for the construction of the speed tables in front of his residence; that last year, the Engineering Department indicated traffic warrants for Tamisola Street were not met; that misinformation is a concern. Ms. Davis-Shaw stated that the current traffic study indicated Tamisola Street met the required warrants for traffic-calming measures; that the Alta Vista Neighborhood Association contacted SHS regarding traffic abatement at the time the Traffic Calming Master Plan was initially reviewed; that Dan Kennedy, former SHS principal, indicated the possibility of financial participation by the School Board in traffic abatement for Alta Vista Street and therefore did not include Tamisola Street in the Master Plan for SHS; however, due to the funding constraints and the change in principals, SHS most recently indicated financial participation in traffic abatement for Tamisola Street is not an option; that SHS requested traffic-calming measures on Tamisola Street be included in the City's Traffic Calming Master Plan; that one of the proposed speed tables has been relocated to the east to allow Mr. Codding access from Tamisola Street to Shade Avenue without having to traverse over the speed table. Commissioner Martin referred to a map of the area included in the Agenda backup material and stated that the location of the speed table is indicated as directly in front of Mr. Codding's property. Ms. Davis-Shaw stated that the proposed construction of the speed table has been relocated closer to 2468 Tamisola Street which is not indicated on the map included in the Agenda backup material. BOOK 52 Page 23384 06/17/02 6:00 P.M. BOOK 52 Page 23385 06/17/02 6:00 P.M. Commissioner Quillin asked the date of the traffic study conducted indicating warrants were met? Ms. Davis-Shaw stated that the date was January 2001. Commissioner Quillin stated that her recollection from a Commission meeting between 1999 and 2001 is the traffic study indicated warrants on Tamisola Street were not met; that neighborhood residents attended the meeting; that discussions were also held regarding Wood Street and Ringling Boulevard. Ms. Davis-Shaw stated that Tamisola Street was not initially considered for traffic-calming measures as the assumption was the School Board might address the traffic concern. Commissioner Quillin stated that the timeliness of the notice to residents and lack of notice to the schools in the Tamisola Street area are concerns and asked who was noticed? Ms. Davis-Shaw stated that the residents on Tamisola Street were noticed. Commissioner Quillin stated that Mr. Codding received his notice the date the response was due. Ms. Davis-Shaw stated that the City generates many mailings and in a few instances some residents may not receive the mailings. Commissioner Quillin asked the number of days prior to the due date the notices are mailed and if the notices are postcards? Ms. Davis-Shaw stated that the notices are postcards and are mailed two weeks prior to the due date. Commissioner Quillin stated that two weeks is sufficient time for mailing the notices; however, apparently some residents did not receive the notice in a timely fashion which is a concern; and asked the date of the last meeting concerning Tamisola Street with neighborhood residents and if a neighborhood open house was held after the traffic study indicated warrants were met? Ms. Davis-Shaw stated that no open house neighborhood meeting was held; that only postcard notices were mailed to residents on Tamisola Street due to past poor attendance at prior open house neighborhood meetings. Commissioner Quillin stated that the Alta Vista Neighborhood Association represents the Tamisola Street area and asked if the association held a meeting? Ms. Davis-Shaw stated that the Alta Vista Neighborhood Association has been meeting with the residents on Tamisola Street. Commissioner Quillin asked the number of Tamisola Street residents in attendance at the Alta Vista Neighborhood Association meetings? Ms. Davis-Shaw stated that Ms. Mirabelli is one of the Executive Officers of the Alta Vista Neighborhood Association and could better respond to the question. Commissioner Quillin stated that Tamisola Street is part of District 3; that notification of meeting dates has not been received. Ms. Mirabelli stated that the Alta Vista Neighborhood Association meets twice annually on the fourth Thursday of April and October; that the Association operates as a Board of Directors and not as a president, vice-president, etc.; that the community is small and communicates with a telephone chain and a newsletter; that the Alta Vista Neighborhood Association was established four years ago. Commissioner Quillin stated that the community the Alta Vista Neighborhood Association represents is not a small area. Ms. Mirabelli stated that the representation has decreased from 950 to 500 residents. Commissioner Quillin asked the areas the Alta Vista Neighborhood Association represents? Ms. Mirabelli stated that the Alta Vista Neighborhood Association represents Novus Street on the north boundary, Tamisola Street on the south boundary, Tuttle Avenue on the east boundary, and East Avenue on the west boundary. Commissioner Quillin stated that the boundaries have changed from the original boundaries. Ms. Mirabelli stated that the boundaries may have changed. BOOK 52 Page 23386 06/17/02 6:00 P.M. BOOK 52 Page 23387 06/17/02 6:00 P.M. Commissioner Quillin stated that the original boundary was from Bahia Vista Street to Fruitville Road and from Tuttle Avenue to East Avenue. Commissioner Martin called a point of order and stated that the line of questioning and information is not relevant to the item before the Commission; that the information may be important to Commissioner Quillin; however, the information can be obtained at another time. Commissioner Quillin called a point of order and stated that the information regarding an organization claiming to represent an area is relative to the item before the Commission; that the area has been reorganizing; that the Alta Vista Neighborhood Association only meets twice annually which is a concern; that discussions have been held with personal acquaintances on Tamisola Street who were unaware of the proposed speed tables; that the lack of communication with the neighborhood residents is a concern; that the Department of Neighborhoods can assist with communication in the neighborhoods. Commissioner Servian asked if the Alta Vista Neighborhood Association contacted the residents of Tamisola Street regarding the proposed traffic-calming measures? Ms. Mirabelli stated yes; that a discussion was held with a property owner who indicated several residents are in support of the proposed speed tables; however, no contact has occurred with residents on Tamisola Street between Shade and Euclid Avenues. Commissioner Martin asked if the two properties designated on the traffic-calming survey chart as Commercial/Rental and managed by CASL are utilized as single-tamily residences? Ms. Davis-Shaw stated yes. There was no one else signed up to speak and Mayor Mason closed the public hearing. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve the addition to the Northeast Traffic Calming Master Plan and authorize the Engineering Department to construct speed tables on Tamisola Street. Commissioner Quillin asked if the intent of the motion is for the Administration to contact the School Board concerning financial participation in the speed tables? Commissioner Martin, as maker of the motion, with the approval of Commissioner Servian, as the seconder, agreed to amend the motion to direct the Administration to contact the Superintendent of Schools for Sarasota County regarding financial assistance for the traffic-calming measures. Commissioner Quillin asked if contacting the YMCA can be added to the motion? Commissioner Martin asked for clarification. Commissioner Quillin stated that the issues are contacting the School Board regarding a financial contribution to the traffic- calming measures since two schools are involved and contacting the YMCA due to the impact of the new configuration of the YMCA; that the Administration should contact both the School Board and the YMCA. Commissioner Martin stated that contacting the YMCA is supported; however, the reason for the suggestion to amend the motion to include the YMCA is unclear. Commissioner Quillin stated that the YMCA buses should not utilize Tamisola Street; that the YMCA could also notify members of the traffic abatement measures on Tamisola Street. Commissioner Martin stated that communication is good; however, the motion should not include a direction to contact the YMCA; that the relationship with the School Board is important as the previous indication of sharing the cost for traffic-calming measures should be explored; that the motion as amended will not be changed; that traffic-calming measures in neighborhoods are supported; that Staff addressed specific concerns of residents such as relocating the placement of the speed table in front of Mr. Codding's residence; that the traffic-calming survey chart was approved as the best communication tool for the Commission; that one-third of the residents and property owners on Tamisola responded affirmatively by a 4 to 1 vote to construct traffic- calming measures; that meeting the concerns of the residents of Tamisola Street by the construction of speed tables is supported. BOOK 52 Page 23388 06/17/02 6:00 P.M. BOOK 52 Page 23389 06/17/02 6:00 P.M. Commissioner Servian concurred and stated that relief must be provided on Tamisola Street; that the recommended traffic- calming measures are supported. Commissioner Quillin stated that Staff should improve communication with neighborhoods and the people affected by traffic-calming measures; that communication is a key element and the reason the Commission implemented the traffic-calming survey chart; that notices are received on the date a response is due and neighborhood meetings are not being held, both of which are disturbing; that the two concerns are School Avenue is bounded by a gate during school hours and Shade Avenue has speed humps; that Tamisola Street is heavily traveled between Shade and Euclid Avenues; that the gating of School Avenue has caused a tremendous impact to the neighborhoods; that neighborhood residents should not have to live with globs of asphalt on the streets to have peaceful enjoyment; that the decisions of the Commission impact people's lives. Mayor Mason stated that a meeting with the School Board is necessary; that the neighborhoods near schools in the City are negatively impacted by traffic. Mayor Mason called for a vote on the motion to approve the addition to the Northeast Traffic Calming Master Plan and authorize the Engineering Department to construct speed tables on Tamisola Street and direct the Administration to contact the Superintendent of Schools for Sarasota County regarding financial assistance for the traffic-calming measures. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Mason, yes. 10. QUASI-JUDICIAL CONTINUED PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 02-4384, TO REZONE A 1 .24 ACRE PARCEL FROM THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW TWO (2) BUILDINGS GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIFTH STREET AND CENTRAL AVENUE, A/K/A 1386 FIFTH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, i APPROVING SITE PLAN 02-SP-14 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-06 AND 02-SP-14, APPLICANT BRUCE E. FRANKLIN, LAND RESOURCE STRATEGIES, INC., AS AGENT REPRESENTING DANIEL POCHEDLEY, L AS OWNER) = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) CD 7:00 through 7:22 Mayor Mason stated that Rezoning Application No. 02-RE-06 and Site Plan Application No. 02-SP-14 as incorporated in proposed Ordinance No. 02-4384 is to rezone a + .24 acre parcel located on the southwest corner of Fifth Street and Central Avenue with a street address of 1386 Fifth Street from the Commercial, Intensive (CI) to the Commercial, Central Business District (C- CBD) Zone District; that the Applicant is Bruce Franklin, President of LRS Land Resource Strategies, Inc. (LRS), agent for Daniel Pochedley, owner. Mayor Mason 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 decision 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 the recommendation is to allow five minutes for the Applicant's and the City's presentations and three minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; however, no one has filed for certification as an Affected Person; that other interested persons will have five minutes to speak; 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. Mayor Mason stated that hearing the Commission's agreement, the time limits are approved. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason and Commissioners Martin, Quillin, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the continued public hearing and requested that the Applicant come forward. Bruce Franklin, President of LRS Land Resource Strategies, Inc. (LRS), came before the Commission and stated that LRS represents H.I.P.P. Industries and Daniel Pochedley, owner of the subject property which is approximately .24 of an acre and is located on BOOK 52 Page 23390 06/17/02 6:00 P.M. BOOK 52 Page 23391 06/17/02 6:00 P.M. the southwest corner of Fifth Street and Central Avenue with a street address of 1386 Fifth Street; that the proposed project is a perfect example of a mixed-use urban infill redevelopment project for the Rosemary District; that the property is currently in the CI Zone District which is not an implementing district for the Central City Future Land Use Classification in which the property is located; that the request is to rezone the property to the C-CBD Zone District which is an implementing district for the Central City Future Land Use Classification. Mr. Franklin referred to the Site Plan of the subject property displayed on the Chamber monitors and stated that Site Plan Application No. 02-SP-14 has been proffered to convert an existing building on the western half of the property to office use and the construction of a new three-story building on the eastern half of the property for retail commercial and residential use; that the existing two-story, wood-frame building was built in 1901 and has been remodeled; that the building has been permitted for renovation as a residence; that the intent of the rezoning is to convert the building to office use for the owner's companyi that the proposal is to construct approximately 3,100 square feet of retail space along the Central Avenue frontage at the pedestrian sidewalk which would bring the building to the sidewalk edge as contemplated in the Rosemary Neighborhood section of the Neighborhoods Chapter of the City of Sarasota Downtown Master Plan 2020; that six apartment units are proposed above the retail and commercial space; that the development is a mixed-use urban infill project; that parking will be constructed adjacent to the alleyway between Fifth and Fourth Streets on the south side of the building; that the parking spaces meet the code requirement for parking in the C-CBD Zone District; that an internal, planted courtyard will separate the office and the commercial structures; that stairs are at both ends of the building to access the apartments above. Mr. Franklin referred to an architectural drawing of the proposed mixed-use structure displayed on the Chamber monitors and stated that the elevation is consistent with the architecture of Central Avenue; that the proposed building facade is brought to the street with a canopy extending over the sidewalk for cover; that parking off the alleyway allows for no diréct penetration of parking off of Central Avenue. Mayor Mason asked if the retail frontage will be along Central Avenue? Mr. Franklin stated yes; that the retail space will be on the first floor and the apartments above. Mayor Mason stated that the proposed look of the building is similar to buildings at the time she was growing up. Mr. Franklin stated that historical research led to the proposed design of the building. Commissioner Quillin asked if the proposed parking is near the alleyway? Mr. Franklin stated yes. Commissioner Quillin referred to the architectural drawing and asked if the proposed columns are located in the right-of-way or the view corridor of Fifth Street. Mr. Franklin stated no; that the columns are located on private property. Commissioner Quillin asked if the awning will wrap around the building. Mr. Franklin stated yes; that the awning also covers the corner area of the sidewalk. Commissioner Quillin stated that the awning appears to extend over the sidewalk right-of-way. Mr. Franklin stated that is correct. Commissioner Quillin asked if the sidewalk continues past the column on Fifth Street? Mr. Franklin stated yes; and continued by referencing the conditions in proposed Ordinance No. 02-4384 as follows: 1. The site plan and all related development and construction plans for the proposed buildings shall be in compliance with those labeled "H.I.P.P. Property" dated April 24, 2002. 2. ..the Applicants shall submit a transportation demand management plan or a transportation systems management plan, whichever is deemed appropriate by the City Engineer for approval by the City Engineer. BOOK 52 Page 23392 06/17/02 6:00 P.M. BOOK 52 Page 23393 06/17/02 6:00 P.M. 3. The Applicant shall pay to the City of Sarasota the sum of $3,500 prior to the issuance of the first building permit for the Project depicted in Site Plan Application 02-SP-14 as Applicants' fair share for the cost of the signal retiming modifications required for the traffic signal located at the intersection of Central Avenue and Fruitville Road. Mr. Franklin stated that the conditions are acceptable; however, the $3,500 contribution to traffic signal timing should be reevaluated as a policy issue; that the traffic signal timing is required whether the project is constructed or not; that the owner had to pay $8,500 for a traffic report which yielded no useful information concerning traffic in the area; that requirements for different studies should be scaled down as an incentive to develop target areas; that impact fees should be allocated to meet the cost of concurrency; that having to pay additional costs such as the $3,500 for traffic signal timing in addition to impact fees is a disincentive to development; that $3,500 will not make or break the project; however, the costs become excessive for some projects, a good example of which is the proposed project; that traffic signal retiming increases the capacity; therefore, an expenditure from impact fees is legitimate; however, the $3,500 is being paid in addition to impact fees; that the owner is not disputing having to pay the $3,500; however, the Commission is urged to reevaluate the policy concerning the use of impact fees; that an opportunity exists to structure development agreements between the City and a developer to fund projects which would benefit the targeted area; that a policy initiative should be considered by the City. Commissioner Quillin asked if the condition regarding the traffic signal timing is acceptable? Mr. Franklin stated yes. Mayor Mason requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning Department, came before the Commission and stated that at its May 1, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Rezoning Application No. 02-RE-06 and Site Plan Application No. 02-SP-14 as incorporated in proposed Ordinance No. 02-4384 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the standards for review set forth in the Zoning Code (1998 ed.) and the Tree Protection Ordinance, and voted unanimously to recommend Commission approval of proposed Ordinance No. 02-4384 subject to the previously mentioned conditions. Mr. Hoglund further stated that the condition regarding traffic signal timing was discussed at the May 1, 2002, PBLP meeting; that the $3,500 will not make or break the proposed project; however, the condition is set forth in Proposed Ordinance No. 02-4384; that at the June 3, 2002, Regular Commission meeting, another case involving rezoning to C-CBD Zone District was a concern due to the possibility of a future proposal for a taller building; that a different proposal would require another transportation impact study, an amendment to the rezoning ordinance, and another site plan; that the Commission and the PBLP would have a role in making the decision regarding any different proposal; that the anticipation is the Zoning Code will be revised within the year which should resolve any problem concerning the C-CBD Zone District. Mayor Mason asked if a neighborhood meeting was held? Mr. Hoglund stated yes; that a meeting was held in October 2001; that one resident expressed concern regarding parking in the area; that the proposal has eight parking spaces for six units of housing in the residential component of the upper floor; that no parking requirement exists for the retail component. Commissioner Quillin stated that rezoning to the C-CBD Zone District is a concern unless a proffer regarding height limitations is presented; and asked the reason height limitations were not proffered with the proposed project? Mr. Hoglund stated that a site plan was proffered. Commissioner Quillin stated that a future developer could argue the rezoning allows for a change in the height as the property was rezoned to the C-CBD Zone District under the proffered site plan. Mr. Hoglund stated that the anticipation is the Zoning Code will be revised within the year which will take care of any problem. Commissioner Martin stated that the optimism to revise the Zoning Code within a year is good; and asked for clarification of the connection between the buildings. BOOK 52 Page 23394 06/17/02 6:00 P.M. BOOK 52 Page 23395 06/17/02 6:00 P.M. Mr. Hoglund stated that the building was originally renovated under a residential building permit; that some confusion existed with the conversion to office use; that the office use has been discontinued at this time; that a connection will be constructed to the residential second floor of the building. Commissioner Martin asked the reason for the connection. Mr. Hoglund stated that the details of the requirement for the connection are unknown; however, the connection was a final resolution between the City's Plans Examiner and the developer and involved consideration of the fire code requirements. Mr. Franklin stated that the connection is required to renovate the existing structure; that one building was necessary since two separate buildings did not meet the separation requirements of the fire code. Commissioner Servian asked if the residents will have access to the connection in the event of a fire? Mr. Franklin stated that a secured fire door will be installed in the connection corridor. Commissioner Quillin asked if discussions concerning purchasing land near the alleyway continue? Mr. Franklin stated not to his knowledge. Commissioner Quillin stated that discussions regarding paving the alleyway to a certain point have occurred; that Public Works would like the entire alleyway paved. Mr. Franklin stated that some discussion regarding another project including partially paving the alleyway may have occurred; that paving the alleyway all at once rather than at two separate times is preferable. Mayor Mason asked the status of a report regarding parking for businesses in the Rosemary District? City Manager McNees stated that funding for the development of surface parking lots in the Rosemary District is allocated in the Capital Improvement Program (CIP). Mayor Mason stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02- 4384 by title only. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4384 on first reading. Commissioner Servian stated that the proposed project is wonderful for the area; that the use of impact fees should be reviewed by the Administration. Commissioner Martin concurred and stated that the project is the type of desired redevelopment of the downtown area; that the stumbling blocks of the use of impact fees and the requirement for a transportation study are a concerni that comments regarding the impact fees and transportation study are supported; that discussions have been held with the County regarding the use of impact fees in the City. City Manager McNees stated that Staff has previously been given direction regarding the use of impact fees. Mayor Mason 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): Mason, yes; Quillin, yes; Servian, yesi Martin, yes. Commissioner Quillin stated that the projects in the TIF District should be reviewed upon implementation of the Community Redevelopment Agency (CRA) Advisory Board; that a project was approved on Fruitville Road with a condition the developer would contribute a percentage of the cost for traffic signalization; that the use of impact fees for traffic signalization should be reevaluated; that developments are not being penalized for developing in a particular area; that the Commission has discussed reevaluating the language in the interlocal agreement with the County concerning impact fees; that a copy of the interlocal agreement between North Port and the County has been requested but not received; that the understanding is North Port collects and keeps the impact fees and notifies the County as to the use; that the interlocal agreement between North Port and the County should be reviewed. BOOK 52 Page 23396 06/17/02 6:00 P.M. BOOK 52 Page 23397 06/17/02 6:00 P.M. 11. CITIZENS - INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 7:22 through 7:29 The following people came before the Commission: Joseph and Crystal Pipitone, 944 42nd Street (34234). Mr. Pipitone stated that the ban on ice cream trucks in the City is a concern; that ice cream trucks are allowed in his previous residence of Staten Island, New York; that ice cream trucks are equipped with safety equipment to protect the children moving around the trucks; that after an ice cream truck stops: 1) a stop sign swings out from the front of the truck, and 2) a stop light flashes on the rear of the truck; that the ban on ice cream trucks is unfair to the children in the Cityi that the Commission's actions are selfish; that requiring children to walk to ice cream shops on roads with high traffic and illegal activities is short-sighted; that illegal activities have been reported to the Sarasota Police Department (SPD); that the Commission does not favor children; that ice cream trucks and skateboarding on streets are prohibited in the City; that prior to the ban on ice cream trucks, the ice cream truck drivers in Newtown helped report illegal activities; that the children of Newtown should have an ice cream truck stopping in the neighborhood; that allowing ice cream trucks would increase City revenues; that more residents desire than oppose allowing ice cream venders in neighborhoods; that allowing ice cream trucks provides a safe place for children to buy ice cream; that ice cream truck drivers are very concerned with the safety of children; that his daughter, Crystal, has a few remarks. Ms. Pipitone stated that her family moved to Florida in October of 2001; that Florida is nice; however, the senior citizens are trying to eliminate teen night at a local night club; that illegal and inappropriate activities in the neighborhood discourage walking to local ice cream shops; that an ice cream truck would allow safe access to ice cream; that walking in the neighborhood is frightening due to the illegal activities. Mr. Pipitone stated that the SPD does an excellent job; however, prostitution in the City is a problem which his family should not have to see; and asked the Commissioners if ice cream trucks are part of childhood memories? Mayor Mason stated that ice cream trucks did not traverse the Newtown neighborhood as neighborhoods were separated at the time she was a child. Mr. Pipitone asked if the Mayor would have liked to have had an ice cream truck stopping in the neighborhood at the time she was a child? City Auditor and Clerk Robinson stated that the five-minute speaker time limit has expired. 12. UNFINISHED BUSINESS: APPROVAL RE : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE EMINENT DOMAIN FUNDING AGREEMENT (RITZ CARLTON PROJECT) PROVIDING FOR THE MANNER IN WHICH CORE DEVELOPMENT, INC. SHALL MAKE PAYMENTS TO THE CITY FOR THE COST OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE RIGHT TURN LANE FROM SOUTHBOUND U.S. 41 TO WESTBOUND GULF STREAM AVENUE = APPROVED AND ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1506, FINDING THAT IT IS NECESSARY TO OBTAIN CERTAIN REAL PROPERTY BY A PURCHASE OR BY CONDEMNATION TO PROVIDE FOR AN EXTENDED SOUTHBOUND TO WESTBOUND RIGHT-TURN LANE ON THE WEST SIDE OF THE NORTH TAMIAMI TRAIL (U.S. 41) FROM ITS INTERSECTION WITH GULF STREAM AVENUE (S.R. 789) NORTH TO FRUITVILLE ROAD AND ITS APPURTENANCES THERETO INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, CURBS LIGHTING TRAFFIC CONTROL DEVICES AND DRAINAGE, ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE REAL PROPERTY HEREIN DESCRIBED ; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VII-1) CD 7:29 through 7:42 Michael Connolry, Attorney, City Attorney's Office, came before the Commission and stated that two matters regarding the Ritz- Carlton project require discussion: 1) transportation concurrency issues, and 2) the requirement for a right-turn lane; that on February 4, 1999, the City, the developer of the Ritz-Carlton project, Core Development, Inc. (Core), and the owner of the real property entered into a Development Agreement which was required for the Ritz-Carlton project; that the Ritz- Carlton project consisted of 130 condominium units, 270 hotel guest rooms, and accessory facilities including banquet rooms, restaurants, etc.; that the Development Agreement requires the construction of a southbound right-turn lane from US 41 onto BOOK 52 Page 23398 06/17/02 6:00 P.M. BOOK 52 Page 23399 06/17/02 6:00 P.M. Gulf Stream Avenue to acquire the Certificate of Concurrency required by State law and the City's Zoning Code (1998 ed.); that the right-turn lane is required to extend from Fruitville Road south to Gulf Stream Avenue; that part of the right-turn lane has been constructed adjacent to the Holiday Inn/Denny's parcel; that the part of the right-turn lane adjacent to the property of the Splash shop and the Palm Reader has not been constructed. Attorney Connolly continued that the Development Agreement provides Core shall advise the City by January 1, 2002, if negotiations for the voluntary sale of any portion of the right- of-way for the right-turn lane from southbound US 41 to westbound Gulf Stream Avenue are unsuccessful; that on February 19, 2002, Core's attorney reported to the Commission the negotiations for the voluntary sale of the necessary right-of- way have been unsuccessful; that pursuant to the Development Agreement, the City shall exercise its power of eminent domain to initiate condemnation proceedings to acquire the necessary right-of-way at Core's expense; that the Development Agreement further provides the City and Core shall execute an agreement providing for the manner in which Core shall make payments to the City for the cost of the condemnation proceedings prior to the initiation of the eminent domain proceedings; that the City has prepared and submitted the funding agreement to Core; however, no response has been received from Core; that a resolution has not been previously presented to the Commission as the funding is not resolved; that Core's attorneys have been notified the matter is being presented to the Commission at this time and were requested to appear if any further comments were desired; that correspondence was received from Core's attorneys indicating Core's duties and obligations were assigned to S.L.A.B., L.L.C., (S.L.A.B.); that the Commission is requested to approve an eminent domain funding agreement with Core or alternately with Core and S.L.A.B.; that the contractual obligation for the funding agreement is with Core and should be upheld; that including S.L.A.B. as an additional financially responsible party is not a concern; that agreements have been developed to provide: 1. The City will initiate a quick take eminent domain proceeding. 2. Core and S.L.A.B. are responsible for all costs. 3. The City will be in charge of the eminent domain litigation. 4. Core will be required to make a $25,000 deposit and replenish the amount throughout the project as necessary. Attorney Connolly referred to two Eminent Domain Funding Agreements included in the Agenda backup material; and stated that one agreement is with Core and one agreement is with Core and S.L.A.B.; that the Commission is requested to approve the Eminent Domain Funding Agreement either with Core only or with Core and S.L.A.B.; that originals will be prepared and submitted for execution; that the City Attorney's Office recommends beginning with the joint Core and S.L.A.B. Eminent Domain Funding Agreement. Commissioner Quillin asked the reason correspondence has not been received from Core, other than correspondence concerning the transfer of rights to S.L.A.B.? Attorney Connolly stated the reason is not known. Commissioner Quillin stated that the situation is uncomfortable; that Core's attorney previously indicated eminent domain proceedings would not be required and agreement with the affected property owners would be reached; that the Development Agreement is between the City and Core; that any agreement should be with both S.L.A.B. and Core in a single document to allow recourse by the City if necessaryi that the appearance is Core and S.L.A.B. are not cooperating in good faith. Attorney Connolly stated that one Eminent Domain Funding Agreement provides Core is responsible for all obligations; that the other Eminent Domain Funding Agreement provides Core and S.L.A.B. are both responsible for all obligations; that either company can provide the initial $25,000; however, both companies can be sued on behalf of the City if neither Core nor S.L.A.B. provides the initial $25,000; that the lack of action by Core or S.L.A.B. may be a result of waiting for the appraisal of the property being conducted for the City to initiate eminent domain proceedings; that Core and S.L.A.B. may wish to use the appraisals as a last attempt to resolve the issue with the property owners of the Splash shop and the Palm Reader. Commissioner Quillin stated that the City's expenses regarding the Development Agreement are a concern; that the Development Agreement establishes responsibility, that the City should not BOOK 52 Page 23400 06/17/02 6:00 P.M. BOOK 52 Page 23401 06/17/02 6:00 P.M. incur expense to enforce the Development Agreement; and asked the date the appraisals will be available? Attorney Connolly stated that the appraisals are expected by the end of June 2002. Commissioner Servian referred to the May 1, 2002, letter included in the Agenda Backup material to Brenda Patten, Attorney, law firm of Kirk, Pinkerton, P.A., representing Core, requesting a response and asked if a response has been received? Attorney Connolly stated that a telephone conversation occurred with Attorney Patten after the May 1, 2002, letter. Attorney Connolly referred to a May 24, 2002, letter from Robert Fournier, Attorney, City Attorney's Office, to Harker Russell, Attorney, Core Development, Inc., included in the Agenda Backup material which addresses the transier of Core's interest to S.L.A.B.; and stated that a May 29, 2002, response was received from Attorney Russell indicating Core's interest has been transferred to S.L.A.B. Commissioner Servian asked the relationship of S.L.A.B. to Core? Attorney Connolly stated that S.L.A.B. is the current fee simple owner of the real property involved in the Ritz-Carlton project; that in 1999, the three parties involved in the Ritz-Carlton project were the City, the real property owner, and Core; that S.L.A.B. was probably created to take the place of the 1999 real property owner. Commissioner Servian stated that S.L.A.B. should be included as a joint party in the Eminent Domain Funding Agreement. Commissioner Martin stated that signing the Eminent Domain Funding Agreement is a concern since the other parties are not apparently cooperating with the terms of the Development Agreement; that the lack of communication is a serious concern; and asked if the City has legal recourse if Core and S.L.A.B. are uncooperative? Attorney Connolly stated yes. Commissioner Martin asked other methods available to obtain cooperation? Attorney Connolly stated that the City could: 1. Initiate a lawsuit against Core requiring compliance with the Development Agreement, 2. Refuse to issue a certificate of occupancy (c/o) for Phase II of the Ritz-Carlton project if the terms of the Development Agreement are not met, or 3. Revoke the temporary c/o currently held by Phase I of the Ritz-Carlton project if the terms of the Development Agreement are not met. Commissioner Martin stated that knowing the City has recourse provides a level of comfort regarding the Development Agreement. Commissioner Quillin stated that Phase II of the Ritz-Carlton project is being developed under different ownership. Attorney Connolly agreed and stated that Phase II of the Ritz- Carlton project is based upon the same concurrency requirement as Phase I. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to authorize the Mayor to execute and the City Auditor and Clerk to attest the March 7, 2002, draft Eminent Domain Funding Agreement to include Core Development, Inc., and S.L.A.B., L.L.C., jointly. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yesi Servian, yes; Mason, yes. Attorney Connolly stated that the second issue is the requirement to adopt proposed Resolution No. 02R-1506 to initiate the condemnation proceedings; that proposed Resolution No. 02R-1506 provides authority to the City Attorney to either purchase the real property involved through a voluntary transaction or, if necessary, through legal recourse available under the eminent domain provisions of the State Statutes. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1506 by title only. On motion of Commissioner Servian and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 02R-1506 to initiate the condemnation proceedings. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Servian, yes; Martin, yes; Mason, yes. BOOK 52 Page 23402 06/17/02 6:00 P.M. BOOK 52 Page 23403 06/17/02 6:00 P.M. 13. UNFINISHED BUSINESS: APPROVAL RE: : AUTHORIZE STAFF TO INTERPRET AND IMPLEMENT THE RSM-9 ZONE DISTRICT TO ALLOW A 3-FOOT MINIMUM SETBACK FOR BOTH SIDE AND REAR YARDS OF ACCESSORY STRUCTURES UNTIL A FUTURE ZONING TEXT AMENDMENT TO CORRECT THIS AND OTHER " SCRIVENER I S ERRORS" CAN BE PROCESSED - APPROVED (AGENDA ITEM VII-2) CD 7:42 through 7:45 City Auditor and Clerk Robinson stated that Agenda Item VII-2 was added to the Agenda under Changes to the Orders of the Day and is to allow a 3-foot setback for accessory structures on the side and rear yards in the Residential Single Multiple (RSM)-9 Zone District. Michael Taylor, Deputy Director of Planning, came before the Commission and stated that the Planning Staff is currently initiating a rezoning of Laurel Park from a variety of zone districts to the RSM-9 Zone District; that the Laurel Park Neighborhood Association (LPNA) requested to change the side and rear yard setback for accessory structures in the RSM-9 Zone District from 5 to 3 feet during the April 29, 2002, public hearing to adopt the Phase II Amendments to the Zoning Code (1998 ed.) (Phase II Amendments); that Staff indicated support of the LPNA request; however, Staff presented to the Commission a change for the side yard setback and inadvertently omitted the change to the rear yard setback; that as a result, the final draft includes the change for the side but not the rear yard setback; that the recommendation is to authorize Staff to interpret and implement the RSM-9 Zone District to allow a 3-foot minimum setback for both the side and rear yards of accessory structures until a future zoning text amendment to correct this and other scrivener's errors" can be processed. Commissioner Quillin stated that the intent of the motion at the April 29, 2002, public hearing was to include a 3-foot setback for accessory structures for both the side and rear yards in the RSM-9 Zone District. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve Staff's recommendation to interpret the setback for accessory structures in the RSM-9 Zone District as a 3-foot side and rear yard setback in the Phase II Amendments. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Mason, yes. 14. NEW BUSINESS: STATUS REPORT RE : WATER TAXIS OPERATIONS WITHIN THE CITY LIMITS IN THE WATERFRONT AREAS OF RESIDENTIAL HOMES OR PARK PROPERTY DIRECTED THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE TO AMEND THE SARASOTA CITY CODE (1986 AS AMENDED) (CITY CODE) AND ZONING CODE (2002 ED.) AS APPROPRIATE TO ESTABLISH A MECHANISM FOR THE OPERATION OF WATER TAXIS WITHIN THE CITY AND SCHEDULE A WORKSHOP (AGENDA ITEM VIII-1) CD 7:45 through 8:06 Mayor Mason stated that a status report concerning water taxi operations in the City limits will be presented. Karin Murphy, Senior Planner II, Planning Department, came before the Commission, referred to computer generated slides regarding proposed water taxi operations in the City limits displayed on the Chamber monitors throughout the presentation, and stated that the goals for water taxi operations are: 1) to respond to the City's transportation objectives, 2) to provide connectivity between the City's amenities, 3) to develop alternative modes of transportation and 4) to assure fiscal responsibility; that the response is to the City's transportation objectives as follows: The City shall continue to provide for alternative modes of transportation, in coordination with other units of local government and the private sector, including handicapped- accessible mass transit to all existing and proposed major trip generators. Ms. Murphy continued that the draft Parks + Connectivity Master Plan determined the City's parks and amenities are in good condition; however, the connections between facilities are lacking; that the draft Parks + Connectivity Master Plan includes a recommendation to develop the City's blueways; that the consultants who developed the Parks + Connectivity Master Plan were requested to consider the viability of a water taxi; that development of a water taxi is included in the recommendations concerning blueways in the draft Parks + Connectivity Master Plan. Ms. Murphy further stated that the lack of an ordinance regulating water taxis in the City limits is a concern; that the potential for a water taxi has generated a positive reaction from the public; however, the impact on residential development is a concern; that protection from the adverse impacts of long- term mass transit water taxis is necessary as well as an BOOK 52 Page 23404 06/17/02 6:00 P.M. BOOK 52 Page 23405 06/17/02 6:00 P.M. enabling ordinance to implement water taxi regulations; that a workshop could be held to explore public/private partnerships and to inventory potential stops; that the issues which should be addressed include concurrency benefits, funding, and inclusion in current transportation studies; that an ordinance should provide a permitting mechanism which regulates the operation of water taxis in the City limits; that several ordinances across the County have been reviewed; that the requirements for approval and revocation of permits, licensing, insurance, and restrictions on operations adjacent to residential neighborhoods should be included in a proposed ordinance. Ms. Murphy stated further that a review of public/private partnerships revealed past failures in other jurisdictions with on-demand private service; that business consistently slows during inclement weather sO the water taxi operations close; that operating a financially viable, on-demand service is difficult; that possible solutions include a contractual conçessionaire or a designated route as part of the public transit system with established hours of operation; that an evaluation of potential stops should include: 1) proximity to area attractions and destinations, 2) the presence of transportation hubs, and 3) the proximity to consumers and suppliers; that the local community and neighborhood and business stakeholders should be involved; that the strength, unity, and leadership of the local community and neighborhood and business organizations should provide the ability to work toward a solution through collaborative efforts; that site growth should match the City's planning and redevelopment efforts and the potential for expansion through networks and systems; that other factors to consider may include accessibility to and availability of ridership and public investment. Ms. Murphy stated that a critical component of a water taxi system is the docking locations and gateways to and from the water taxis; that gateways should include water and land operational facilities for the system and support facilities for riders requiring basic amenities and products and services; that the first gateway sites could be used as prototypes and can be enhanced and transformed into more dynamic and attractive places for visitors and residents; that water transportation connections can enhance economic conditions of regional attractions, local businesses, and the community-at-large: that an affordable water transportation service could connect a variety of attractions, hotels, residential and business areas in the downtown and the surrounding cities; that an on-demand service is costly; however, the research revealed fares for a mass transit system as low as $2. Ms. Murphy further stated that discussions have been held with Mote Marine Laboratory and Aquarium (Mote), Marie Selby Botanical Gardens (Selby), the Sarasota Quay, the Van Wezel Performing Arts Hall (VWPAH), and Florida State University (FSU) regarding inclusion of potential water taxi stops in their master planning; that the FSU master plan includes a site located near Ca'd'Zan; that the concurrency benefits are to: 1) help reduce vehicular traffic on crowded highways, roads, and bridges, 2) provide alternatives to traditional infrastructure requirements such as the dedication of right-ot-way, and 3) provide linkage to other mass transit such as the trolley or bus system; that the linkage to mass transit on land is a critical component to ensure a successful water taxi system. Ms. Murphy stated that funding for the water taxi system could be from impact fees, developer participation to meet concurrency, the Sarasota/Bradenton Metropolitan Planning Organization (MPO), and grants under the Intermodal Surface- Transportation Efficiency Act of 1991 (ISTEA); that research indicated significant ISTEA grants are available specifically for water taxis; that the inclusion of a water taxi system should be considered during evaluations of current transportation and mobility studies such as MPO plans, Transportation Management Organization (TMO) plans and Transportation Demand Management (TDM) plans; that the water taxi system could interact with the trolley system and possibly be operated by the TMO; that the draft Parks + Connectivity Master Plan includes a recommendation to research a concessionaire; that the designation of potential stops is recommended in privately initiated master plans. Ms. Murphy referred to an August 16, 1999, memorandum regarding the regulation of water taxis from Sarah Schenk, Attorney, City Attorney's Office, to Timothy Litchet, Director, Building, Zoning and Code Enforcement and a copy of the Ft. Lauderdale, Florida, regulations concerning water taxis included in the Agenda backup material and stated that the Commission is requested to direct Staff to return with an ordinance to amend the City Code and Zoning Code (2002 Ed.) as appropriate to establish a mechanism for the operation of water taxis in the City and approve the scheduling of a workshop in the future. BOOK 52 Page 23406 06/17/02 6:00 P.M. BOOK 52 Page 23407 06/17/02 6:00 P.M. Commissioner Quillin stated that surveying hotels and attractions on Longboat Key, Siesta Key, and Anna Maria Island is suggested in addition to a workshop; that the public is aware of the water taxi system due to the recent adoption of the long-range MPO plan; that the people in the neighborhoods south of the City would love to take a water taxi to cultural and social events in the City. Ms. Murphy stated that a number of wonderful opportunities exist with the implementation of a water taxi system; that a base set of stops to areas such as Ken Thompson Park or Longboat Key is desirable. Commissioner Quillin stated that the employees of the radio station on Ken Thompson Park would utilize the water taxi system; that receiving public input and adopting an ordinance is desired. Commissioner Servian stated that a proposed water taxi system is exciting and supported; that the lack of an ordinance to regulate water taxi operations is a concern; that surveying outside of the City limits is desirable. Ms. Murphy stated that water taxi systems have been researched; that any ordinance should provide basic protections and the enabling regulations; that additional surveys would be wonderful; that direction is requested concerning the type of information the Commission would like to review at a future workshop. Commissioner Quillin stated that all types of information should be provided. Commissioner Servian stated that a water taxi system would provide relief for seasonal or part-time residents who may prefer to travel locally without the use of automobiles. Commissioner Martin stated that a proposed water taxi system is supported; that the Gulfcoast Wonder & Imagination Zone (G.WIZ) is interested in being included on the list of potential stops; that FSU, Selby, and Mote have discussed the possibility of purchasing a ticket to all three organizations with a connecting transportation system; that the water taxi system would enhance tourism and place the City in competition with Orlando, Florida; that a water taxi is not for everyone; however, the water taxi is a great opportunity for tourism and will enhance the community; that noise and lights are addressed in the Ft. Lauderdale, Florida, ordinance; that a required distance from residences should also be addressed in any proposed ordinance. Ms. Murphy stated that current protections in the City Code should be reviewed; that researching a proposed water taxi system has not been an official assignment; that discussion was held with the City Attorney's Office regarding the content of a proposed ordinance; that additional concerns will be reviewed and added to a proposed ordinance with direction from the Commission. Mayor Mason stated that the Commissioners' comments regarding a proposed water taxi are supported. Commissioner Quillin stated that a lease agreement regarding dock space could be modified to allow a water taxi; that the water taxi could begin on private property; that surveying the hotels is essential; that a type of vessel may be limited due to the water basin requirement at a particular location; that certain types of vessels are quieter and do not draw a large amount of water; that the technical aspects of a water taxi should be researched; that developing an ordinance and holding a workshop is desired. Ms. Murphy stated that a draft ordinance would be presented at a workshop. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the Administration's recommendation to authorize the Administration and the City Attorney's Office to prepare an ordinance to amend the Sarasota City Code (1986 as amended) and Zoning Code (2002 Ed.) as appropriate to establish a mechanism for the operation of water taxis within the City. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Martin stated that the Administration's recommendation does not specify holding a workshop. Commissioner Quillin stated that the intent of the motion is to include direction to the Administration to schedule a workshop regarding the proposed water taxi system. 15. NEW BUSINESS: APPROVAL REPORT RE: CORPORATE SPONSORSHIP AGREEMENT WITH GETTEL AUTOMOTIVE, INC. = APPROVED (AGENDA ITEM VIII-2) CD 8:06 through 8:12 BOOK 52 Page 23408 06/17/02 6:00 P.M. BOOK 52 Page 23409 06/17/02 6:00 P.M. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 3, is now New Business Agenda Item VIII-2 and concerns approval regarding a Corporate Sponsorship Agreement with Gettel Automotive, Inc. (Agreement); that Commissioner Quillin removed the item from the Consent Agenda. Commissioner Quillin stated that the understanding was Gettel Automotive, Inc. (Gettel), is reluctant to sign the Agreement; that Administrative Regulations for City vehicles should be reviewed to determine if revisions are necessary. City Attorney Taylor stated that Gettel has approved the Agreement with the exception of one provision from the Agreement as follows: III. Obligations of the City 2. Though it is anticipated that the vehicle shall be driven primarily by the executive director of the Van Wezel, it may be driven by other Van Wezel employees while on business related to the Van Wezel and with the authorization of the executive director. City Attorney Taylor stated that Gettel's concern is the lack of control over who is operating the vehicle; that the provision could be modified as follows: the vehicle will not be driven by any other employees of the City without the advanced approval of the Executive Director. City Manager McNees stated that the original provision in the Agreement is reasonable as the person operating the vehicle is a matter between the City and the City's insurance companyi however, the original provision is not an absolute requirement considering the benefit the City will receive compared to the advertising provided; that the Commission could authorize the Mayor to execute the Agreement with or without the original provision and negotiate to obtain Gettel's approval of the original provision if desired; that the transaction should not be voided solely due to the disputed original provision. John Wilkes, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), came before the Commission and stated that Gettel's concern is the vehicle is intended for the use of the VWPAH Executive Director rather than four or five other employees. Commissioner Quillin stated that the intent is acceptable; however, an alternate driver should be allowed to drive the vehicle in the event of an emergencyi that hopefully, Gettel understands an alternate employee insured by the City could drive the vehicle under the direction of the VWPAH Executive Director. On motion of Commissioner Quillin and second of Commissioner Servian, it was moved to approve the Corporate Sponsorship Agreement with Gettel Automotive, Inc. City Auditor and Clerk Robinson asked if the intent of the motion is to approve the Agreement with or without the original provision as suggested by the City Manager? Commissioner Quillin stated that the intent of the motion is to include the suggestion of the City Manager to approve the Agreement with or without the original provision. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Servian, yes; Mason, yes. Commissioner Quillin stated that the Administrative Regulations for lease agreements for City vehicles should be updated; that the lack of regulations regarding barter agreements is a concern. Commissioner Martin asked for clarification of lease agreements between corporate partnerships and the City. Commissioner Quillin stated that corporate partnerships are barter agreements by definition; that any trade or in-kind services are considered a barter. 16. NEW BUSINESS: APPROVAL RE: SPECIAL APPROPRIATION OF $8,000 FOR SELECTIVE ENFORCEMENT OPERATIONS - REFERRED THE SPECIAL APPROPRIATION BACK TO THE ADMINISTRATION TO BRING BACK AT THE JULY 1, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM VIII-3) CD 8:12 through 8:21 City Auditor and Clerk Robinson stated that Consent Agenda No. 2, Item No. 1, is now New Business Agenda Item VIII-3; that the item concerns approval of a special appropriation of $8,000 for BOOK 52 Page 23410 06/17/02 6:00 P.M. BOOK 52 Page 23411 06/17/02 6:00 P.M. selective enforcement operations; that Commissioner Quillin removed the item from the Consent Agenda. Commissioner Quillin stated that discussions have been held with the Administration regarding special appropriations; that the request is for a $4,000 appropriation for police overtime costs for operations in the El Vernona-Sarasota Quay area and a $4,000 appropriation for police overtime costs for operations in the Dr. Martin Luther King, Jr. (MLK) Way and surrounding neighborhoods; that the City budgeted in excess of $.5 million in police overtime in the fiscal year 2001/02 budget; that certain events, such as the visit of the US President to the City, were unexpected at the time budget estimates were prepared; that a special appropriation should be presented for the additional costs of police overtime sO the funds are not coming out of the $.5 million budgeted; that the police overtime costs to date are $6,385 for the El Vernona- Sarasota Quay area; that the $4,000 special appropriation will not cover the police overtime to date; that the Sarasota Police Department (SPD) should request a special appropriation to cover the actual police overtime expenses; that additionally, a special appropriation should be prepared for the amount expended for additional overtime for police operations on MLK Way sO the police overtime budget is not impacted; that a lawsuit has been filed against In Extremis and the full impact of funds expended should be on the record. Mayor Mason stated that the $4,000 in police overtime costs in the El Vernona-Sarasota Quay area may have reached $8,000 after the events at the In Extremis night club the night of June 16, 2002. Commissioner Quillin stated that the actual police overtime costs at El Vernona-Sarasota Quay area is greater than $4,000; that special appropriations should be presented if special projects require overtime; that any excess funds in the police overtime budget will be returned to the General Fund at the conclusion of the fiscal year; that special operations are costing the City an extraordinary amount of money; that the special appropriation should be for the full amount of any overtime expended. City Manager McNees stated that the original amount of the special appropriation was for more than $8,000, he did not approve; that the reason for not approving the original amount is to try to manage within the budget; that discussions will be held to accelerate the efforts to control the situation involving the In Extremis night club; that a recommendation is to approve the requested special appropriation; that the Administration will provide clear updates concerning the full impact and the cost to the City regarding the In Extremis night club to the Commission. Commissioner Quillin stated that the City Manager's comments are appreciated; however, a special appropriation of $10,385 is probably closer to the actual cost; that the cost to the City for the President's visit on September 11, 2001, is unknown; that the SPD does not budget for events such as the President's visit; that the public is unaware of the cost of services which are in excess of the normal quality of life services provided by the SPD; that additional funds for overtime should be appropriated; that the special appropriation should be referred back to the Administration to determine the exact cost of the police overtime for the El Vernona-Sarasota Quay and MLK Way areas; that the SPD should not be required to shift funds to pay for unexpected and extraordinary situations. Commissioner Martin stated that comments from Commissioner Quillin are appreciated; however, additional comments are needed from the City Manager; that the special appropriation could be approved and additional funds could be appropriated in the future. City Manager McNees stated that the requested special appropriation could be deferred for further review; that the request was written prior to the recent events requiring overtime; that the appropriation from reserves is undesirable; that a different report regarding the appropriation amount can be provided to the Commission. Mayor Mason asked if the appropriate dollar amount to be appropriated can be determined for the July 1, 2002, Regular Commission meeting? City Manager McNees stated yes; that a previous speaker indicated the senior citizens are trying to deprive teenagers of a recreational opportunity at the In Extremis night club; however, the teenagers rather than the senior citizens will cause the closing of the In Extremis night club if the problems continue. Commissioner Servian stated that the teenagers should behave better. Mayor Mason stated that the Commission's consensus is to refer the special appropriation back to the Administration to bring back at the July 1, 2002, Regular Commission meeting. BOOK 52 Page 23412 06/17/02 6:00 P.M. BOOK 52 Page 23413 06/17/02 6:00 P.M. 17. BOARD APPOINTMENTS: APPOINTMENT RE : CIVIL SERVICE/GENERAL PERSONNEL BOARD OF THE CITY OF SARASOTA = REAPPOINTED JOHN MILTON AND CLARENCE JONES; APPOINTED MARILYN GERKIN (AGENDA ITEM IX-1) CD 8:21 through 8:25 City Auditor and Clerk Robinson stated that the terms of John Milton, Clarence Jones, and Bernard Salmon on the Civil Service/General Personnel Board have expired; that Mr. Salmon is not eligible for reappointment; that Mr. Milton and Mr. Jones are eligible for and have expressed an interest in reappointment; that two applications have been received. On motion of Commissioner Martin and second of Commissioner Servian, it was moved to reappoint John Milton and Clarence Jones to the Civil Service/General Personnel Board. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yesi Servian, yesi Mason, yes. Commissioner Martin nominated Marilyn Gerkin for appointment. Mayor Mason stated that Ms. Gerkin does not live in the City; however, her experience meets the requirements for appointment to the Board; that the nomination is supported. Commissioner Martin stated that two qualified applications were received; however, Ms. Gerkin's experience in government will provide a broad perspective to the Board; that a number of current board members are City retirees; that Mr. Senf, the second applicant, is a City retiree; that an individual with a broader perspective is better suited to the position at this time. Commissioner Quillin agreed and stated that the residential location and background of the applicants were reviewed; that a representative from District 2 should fill the next open vacancyi that the requirements of the Board could be reviewed if desired. Hearing no other nominations, Mayor Mason called for a vote on the nomination. Marilyn Gerkin received four votes: Martin, yesi Quillin, yes; Servian, yes; Mason, yes. 18. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM X) CD 8:25 through 8:42 COMMISSIONER SERVIAN: A. stated that the attempt to meet with a Congressional Representative in Washington, D.C., last week to discuss unapproved grants was unsuccessful; that the Congressional Representative's local office was later contacted; that a meeting is scheduled for the week of June 24, 2002, to obtain assistance in gaining approval of the City's application for an Urban Parks and Recreation Grant; that Staff of the Congressional Representative is of the opinion the application may have been delayed during the internal review, which could have impacted the decision; that the initial application was received in time; however, the supplemental information required was not received; that efforts to obtain approval of the Urban Parks and Recreation Grant continue. COMMISSIONER QUILLIN: A. stated that a Community Action Board (CAB) retreat was recently attended; that the CAB receives funds through community service grants; that a report of the funds allocated by zip code was previously requested; that the funds allocated are emergency funds for rental or mortgage or various other needs; that a motion was made at the CAB to outsource the administration of the program; that the County is getting out of the service business; that social workers will now be grant implementers as the administration of the Grants-In-Aid Program of Sarasota County will be outsourced; that the motion was not supported as the information provided was inadequate to determine if the administration of the program should be outsourced; that the public is unaware of the available funding; that the timeliness of the application process is a concern; that a three-week wait is required just to receive an interview with a social worker; that the cost of staff time for the County is approximately $3,000 per year; that unfortunately, the County is moving toward becoming less service oriented; that becoming less service oriented has occurred in the past and has failed; that the cost to become service oriented again is high; that the CAB is not be disbanding; that the City still has a seat on the CAB BOOK 52 Page 23414 06/17/02 6:00 P.M. BOOK 52 Page 23415 06/17/02 6:00 P.M. and on the Children and Youth Services Advisory Committee (CAYSAC); however, the City does not have a seat on the advisory board considering Grants-In-Aid, which is a concern as the City provides the major housing and social services in Sarasota County. Commissioner Martin stated that a number of members of the Human Services Advisory Committee are City residents; that appointing a liaison to report back to the Commission could be considered. Commissioner Quillin stated that a representative from the City should sit on the Committee. Commissioner Martin stated that a citizen liaison is a possibility. Commissioner Quillin stated that the City should have a seat on the Committee; that a citizen may not be aware of all the programs in the City government and is not approving the City's budget. 19. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XI) CD 8:26 through 8:47 MAYOR MASON : A. distributed and read into the record a letter dated June 10, 2002, received from Janet Matthews, Ph.D., Director, Division of Historical Resources, Florida Department of State, thanking the City of Sarasota for hosting a reception for the Florida Historical Commission at the historic Federal Building. B. distributed a letter dated May 29, 2002, received from Michael Guy, Executive Director of the Sarasota/Manatee Metropolitan Planning Organization (MPO), and stated that the MPO voted unanimously to create a Transit Policy Committee (TPC); that the City will have a seat on the TPC; that the MPO requested the Mayor appoint a Commissioner to the TPC; that Commissioner Martin is the suggested appointment if the Commission agrees. Commissioner Quillin stated that the understanding was the selected appointee should be a member of the MPO; that the TPC is to work toward the development of an interlocal agreement between Manatee and Sarasota Counties concerning the transit systems. Mayor Mason stated that the letter does not indicate the appointee must be a member of the MPO; that the City Auditor and Clerk is requested to verify the requirements of an appointee. City Auditor and Clerk Robinson stated that the requirements will be verified and presented at the July 1, 2002, Regular Commission meeting. Commissioner Martin stated that he is an alternate on the MPO. Commissioner Quillin stated that the TPC will be implementing the next phase of the actions the MPO has taken concerning the transit systems; that the understanding is the appointee should be an MPO member. Mayor Mason stated that the letter does not specify the appointee should be an MPO member; that the City Auditor and Clerk will verify the requirements and report back to the Commission. Commissioner Martin stated that he is willing to serve or not serve based on the desires of the Commission. C. stated that discussions were held with the City Manager regarding one-sided reporting in the newspaper concerning the ice cream vending issue; that Staff will bring a proposal to the Commission for discussion. Commissioner Quillin stated that requests for action by the Administration should be brought to the Commission for consensus rather than presented directly to the Administration. Mayor Mason stated that the article named her personally; that the first letter to the editor indicated she personally banned ice cream vendors in neighborhoods; that she has nine grandchildren; however, she took an oath of office to uphold the City's codes and ordinances; that the issue was directed to the Administration for a report back. Commissioner Quillin stated that directing the Administration is the responsibility of the Commission; that the Commission's last consensus was to continue the ban of ice cream vendors in neighborhoods. BOOK 52 Page 23416 06/17/02 6:00 P.M. BOOK 52 Page 23417 06/17/02 6:00 P.M. Mayor Mason stated that her request to the Administration followed protocol. Commissioner Quillin stated that protocol is to bring issues to the Commission table for consensus. D. stated that she welcomed the attendees at the annual State conference of the Florida Association of City Clerks (FACC) which is being held from June 16 through 19, 2002, in Sarasota. City Auditor and Clerk Robinson stated that approximately 200 City Clerks from around the State are in attendance at the FACC Conference which is being held at the Hyatt Sarasota Hotel; that a session concerning remodeling of a Commission Chambers was held in the Chambers. City Manager McNees stated that the FACC Conference attendees were welcomed to City Hall. COMMISSIONER MARTIN: A. stated that the nomination of parcels in the City for the Environmentally Sensitive Lands Acquisition Program presented at the June 3, 2002, Regular Commission meeting, was discussed with the Environmentally Sensitive Lands Advisory Committee (ESLAC), which is the recommending committee of the program; that the Committee recommended the City locate and prioritize parcels in the City for consideration; that the Committee's concern is receiving nominations from different groupsi that receiving one organized list from the City is preferred; that the process of organizing a list of parcels of land for nomination should be referred to the Administration; that implementing an environmental score card to review and identify environmental issues was discussed at the Commission's goal-setting workshop; that Staff of the Sarasota Bay National Estuary Program and other qualified individuals in the community could assist in identifying parcels for nomination. B. stated that a tour of the progress of construction of the John Ringling Causeway Bridge and the casting field at Port Manatee was taken; that the operation is remarkable; that the progress and smoothness of the operation is impressive; that the Florida Department Of Transportation (FDOT) indicated PCL Civil Contractors, Inc. (PCL), has received compliments and no complaints regarding managing the traffic; however, managing the traffic will be more of a challenge as the construction progresses. Commissioner Servian stated that PCL is doing an excellent job in reaching out to the community; that meetings are being held to keep the public informed which helps minimize complaints. Commissioner Martin stated that PCL's public information efforts are commended; that the project is on target at both the casting field and at the site; that the aim is for completion by July 2003; that the project may be completed several weeks sooner if the construction progress continues; that PCL is interested in discussing some type of completion celebration; that a tour of the construction site is recommended. C. stated that the Congress on New Urbanism was attended; that Andres Duany, Principal, Duany Plater-Zyberk & Company (DPZ) which drafted the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan), is the founder of the Congress on New Urbanism; that he and representatives of Orlando and Miami-Dade were requested to make a presentation on one of the main panels called the Code Congress; that the presentation consisted of process and stumbling blocks of developing master plans; that Planning Staff is commended for efforts in assisting with developing the presentation; that the Information Services and Technology Department assisted with developing a computer generated presentation; that the presentation was well received and considered a high point of the conference; that well-intended personal criticisms of the shape of the City's codes upon assuming office and the amount of work required were offered; that Staff was devoting significant time to development of the City's land development regulations and amendments to the City's Comprehensive Plan, also called the Sarasota City Plan at the time. Commissioner Servian stated that viewing the presentation is desired. BOOK 52 Page 23418 06/17/02 6:00 P.M. BOOK 52 Page 23419 06/17/02 6:00 P.M. Commissioner Martin stated that he would be happy to show the presentation to the Commission. COMMISSIONER QUILLIN: A. stated that a meeting of the Environmental Committee of the Florida League of Cities (FLC) in Orlando, Florida, was recently attended; that the impact of proposed legislation regarding water alliances was discussed; that the FLC is impressed with the West Coast region's water alliance; that proposed legislation regarding water alliances did not pass the State Legislature last year; that the Chair of the Environmental Committee is promoting the legislation; that personal comment was reserved until City Staff can review and decide the impact of the proposed legislation on the community; that a request regarding becoming part of a program was referred to the Public Works Department. Mayor Mason asked if the FLC policy committees will meet at the FLC Annual Conference in August 2002? Commissioner Quillin stated yes. B. stated that the City's share of the distribution of the Local Option Gas Tax Revenue is being reduced from 16.17 to 16.06 percent; that the City is receiving less; that annexation is strongly supported; that distribution of Local Option Gas Tax Revenue funds is based on population; that voluntary annexation should be accepted; that property owners who have voluntarily agreed to annex are paying the ad valorum tax and the use of the City's utilities system; however, credit is not being received for the franchise fees generated; that the County is interested in having the City treat 1 million gallons per day (mgd) of wastewater generated in the County; that the areas being serviced with City utilities should be annexed into the City; that the progress of the agreement with the County for wastewater treatment is unclear; that water and natural resources are valuable to the Cityi that the share of the Local Option Gas Tax Revenue distribution is larger to the County due to the increase in population; that the City is limited in population growth due to boundaries; that a continued reduction in the Local Option Gas Tax Revenue percentage allocated to the City affects the City's ability to remain self sufficient which is a concern. C. stated that meetings with the 21st Century Group continue; that a Board of Directors is being selected; that the elimination of substandard housing in the community within ten years is the goal; that City and County Staff will be meeting with members to supply helpful information. D. distributed a copy of a Sarasota County Notice of Public Workshop scheduled for June 26, 2002, regarding the Sarasota County Transit Development Plan which was advertised in the newspaper and stated that Staff should attend the scheduled meeting to evaluate any potential impact to the City and the plan's interface with the newly adopted Transportation Plan of the Sarasota/Manatee Metropolitan Planning Organization (MPO). E. distributed a copy of a newspaper editorial dated June 11, 2002, in the Sarasota Herald-Tribune regarding housing needs and stated that the City carries a large share of burden for social services as the County seat; that State and Federal lobbying should be pursued for housing needs; that the City cannot accept the full burden of decisions made in Washington, D.C.; that legislators should provide relief to local communities; that the editorial is excellent. F. distributed a draft schedule prepared by the Sarasota Sister Cities Association (SSCA) for the week of October 12 through 17, 2002, during the City's 100th Year Anniversary Celebration and stated that a meeting was held with the SSCA President regarding the schedule; that the schedule will be updated with changes as necessary; that the Bay Tour scheduled for October 13, 2002, is still being planned; that some of the dignitaries are staying for an extended tour and not departing on October 17, 2002; that the schedule is a draft of the events which will be coordinated with SSCA. Mayor Mason stated that the list of delegates who will be attending has not been finalized; that the SSCA President will notify the City at the time the delegates have been determined and BOOK 52 Page 23420 06/17/02 6:00 P.M. BOOK 52 Page 23421 06/17/02 6:00 P.M. has requested the Commission and Charter Officials be available for a luncheon at the Asolo Theatre Company. Commissioner Martin stated that several ideas and events have been suggested for the kick-off performance at the Van Wezel Performing Arts Hall (VWPAH); and asked for clarification. Commissioner Quillin stated that the scheduling is still in progress with the committee responsible for the event. Mayor Mason stated that a report regarding the VWPAH performance would be appreciated. Commissioner Quillin stated that negotiations for the VWPAH performance are still in progress; that fireworks are tentatively planned; that several people from different committees are still in the process of negotiating and scheduling the events. 20. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) CD 8:47 through 9:00 CITY AUDITOR AND CLERK ROBINSON: A. stated that a list of applicants for the Community Redevelopment Agency (CRA) Advisory Board was distributed on June 6, 2002; that the July 1, 2002, Regular Commission meeting could be adjourned into a CRA Special meeting to make appointments, if desired. Commissioner Quillin stated that some people have expressed interest and will be applying; and asked the final date for application? City Auditor and Clerk Robinson stated that ideally, applications should be received by June 21, 2002. Commissioner Martin stated that the applications received are good; that the applicants have a depth of experience; that a good CRA Advisory Board can be appointed from the applications received; that additional applications are encouraged. City Auditor and Clerk Robinson stated that any applications received prior to the CRA Special meeting will be distributed to the Commission. 21. ADJOURN (AGENDA ITEM XII) CD 9:00 There being no further business, Mayor Mason adjourned the Regular meeting of June 17, 2002, at 9:00 p.m. aasbis - 1a aAB CAROLYN J. MASON, MAYOR ATTEST: Rilly E Robens BILLY a. ROBINSON, CITY AUDITOR AND CLERK BOOK 52 Page 23422 06/17/02 6:00 P.M.