BOOK 56 Page 27717 05/03/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 3, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Vice Mayor Mary Anne Servian due to travel to Treviso, Italy, as part of the Sarasota Sister Cities Association Program PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at. 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:32 through 2:35 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. IV-A-8, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a consulting services agreement between the City of Sarasota and Owen Ayers & Associates, (RFP No. 04-05E) in the amount of $183,140.19 for the preliminary desigri phase of the reconstruction of Bradenton Road, per the request of Deputy City Engineer/Director Davis-Shaw. B. Remove Consent Agenda No. 1, Item No. IV-A-6, Approval Re: Addition of a Senior Planner position in the Planning and Redevelopment Department Table of Organization, per the request of Jane Robinson, Director of Planning and Redevelopment. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to approve the Changes to the Orders of the :: Day. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. Mayor Martin asked if any Commissioner wished to remove an item from Consent Agenda No. 1 or 2. Mayor Martin requested that Consent Agenda No. 1, Item No. IV-A-7, concerning the MarineMax seating capacity, be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. IV-A-7, will be considered under New Business as Agenda Item No. VII-1, which will be heard in the afternoon session. Commissioner Atkins requested that Consent Agenda No. 1, Item No. IV-A-1, concerning the first Extension of Agreement with Upman's Wrecker Service to continue to provide the City of Sarasota Police Department with Nrecker Towing and Storage, be removed for discussion. Commissioner Bilyeu requested that Consent Agenda No. 1, Item Nos. IV-A-2 and IV-A-3, concerning Change Orders between the City and West Florida Maintenance, Inc., be removed for discussion. City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. IV-A-1, will be considered under New Business as Agenda Item No. VII-2, which will be heard in the afternoon session; that Consent Agenda No. 1, Item Nos. IV-A-2 and IV-A-3, will also be considered under New Business as Agenda Item Nos. VII-3 and VII-4. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:35 through 2:39 The following person came before the Commission: Stan Zimmerman, 2469 Novus Street (34237), stated that the City should create a new advisory board; that numerous advisory boards are already in existence; however, a new one is necessaryi that the consultants hired by the City from all over the country always report the City's greatest asset is the Bay; that Sarasota would be Arcadia, Florida, without the Bayi that the Bay brought the first Sarasotans, the Ringlings, and the Palmers to Sarasota; that a long historical connection between the City and the Bay continues to the present time; that an advisory board to assist the Commission in determining answers for Bay-oriented problems is necessary. BOOK 56 Page 27718 05/03/04 2:30 P.M. BOOK 56 Page 27719 05/03/04 2:30 P.M. Mr. Zimmerman continued that public testimony will be heard concerning the Cultural District Master Plan, which includes a large east/west oriented pier, the creation of a cove to the south for boating, and a new marina associated with the Cultural District and the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the Planning Board/Local Planning Agency (PBLP) will hear testimony in the near future on a Manatee Protection Plan which originated from Sarasota County; that the Manatee Protection Plan primarily consists of a Boating Facilities Siting Plan to provide approximate locations for new facilities for boating improvements; that different entities are working on issues affecting the City's most valuable resource; that two new mooring fields, one at the Sarasota Sailing Squadron and one at Island Park, are proposed; that the question is if the City's best interest is being represented by the discussions; that the future of the City will be directly affected by the Commission's decisions; that the Commission deserves educated information when considering issues related to the City's most valuable resource; that a Marine Advisory Board or City Harbor Board should be created to review issues pertaining to the City's most valuable resource; that a knowledgeable body could then provide assistance to the Commission for important decisions; and wished the Commission good luck. Mayor Martin stated that the creation of an advisory board concerning issues related to the Bay has been considered by the Commission in the past; that the Administration should provide information concerning the status to the Commission. City Manager McNees stated that the Administration is not aware of any direction or on-going effort to create an advisory board to focus on issues related to the Bay; that the Administration will follow a direction to create a new advisory board if desired by the Commission; that work regarding the establishment of mooring fields continues. Mayor Martin stated that an immediate response is appreciated; that the understanding is an advisory board would be created at the time the mooring fields is established; that other marine- related issues exist, which the Commission likely wishes addressed; that the reference was to the advisory board which will be associated with the establishment of mooring fields; that the Administration can provide any further detail as appropriate. 3. APPROVAL RE: : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF APRIL 12, 2004, AND THE REGULAR CITY COMMISSION MEETING OF APRIL 19, 2004 APPROVED, ; MINUTES OF THE STATUTORY CITY COMMISSION MEETING OF APRIL 16, 2004 APPROVED AS CLARIFIED (AGENDA ITEM II-1, -2, -3) CD 2:39 through 2:41 Mayor Martin asked if the Commission had any changes to the minutes of the April 12, 2004, Special Commission meeting and stated that hearing no changes, the minutes of the April 12, 2004, Special Commission meeting are approved by unanimous consent. Mayor Martin referred to Agenda Item III, Remarks of Mayor Martin, of the minutes of the April 16, 2004, Statutory Commission meeting as follows: To give credit where credit is due, I reflect on a remark of a County Commissioner, "To know her is to love her,' Mayor Martin stated that his reference is unclear but is to Commissioner Palmer; that the minutes should be clarified sO the reference is clear; that hearing no other changes, the minutes of the April 16, 2004, Statutory Commission meeting as clarified are approved by unanimous consent. Mayor Martin asked if the Commission had any changes to the minutes of the April 19, 2004, Regular Commission meeting and stated that hearing no changes, the minutes of the April 19, 2004, Regular Commission meeting are approved by unanimous consent. 4. BOARD ACTIONS: REPORT RE : PARKS 1 RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD' S REGULAR MEETING OF APRIL 15, 2004 - RECEIVED REPORT; DIRECTED STAFF TO PREPARE A RESOLUTION RE-NAMING THE NEWTOWN COMMUNITY CENTER THE 11 ROBERT L. TAYLOR COMMUNITY COMPLEX" (AGENDA ITEM III) CD 2:41 through 2:53 Robert Gorevan, Chair, Parks, Recreation and Environmental Protection Advisory Board (Parks Board), and Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, came before the Commission. Mayor Martin stated that Mr. Gorevan is congratulated for his selection as Chair of the Parks Board. BOOK 56 Page 27720 05/03/04 2:30 P.M. BOOK 56 Page 27721 05/03/04 2:30 P.M. Mr. Gorevan presented the following item from the April 15, 2004, Regular meeting of the Parks Board: Renaming of the Newtown Community Center Mr. Gorevan stated that the Parks Board considered the renaming of the Newtown Community Center to the Robert L. Taylor Community Center at the request of the Commission; that Patrick Calhoon, Sports Facility Manager and former supervisor of Mr. Taylor gave a report indicating naming the facility after Mr. Taylor is appropriate; that Mr. Taylor was a City employee from 1950 through 1986 and was a key team player on a Citywide basis for the City's Parks and Recreation Department; that Mr. Taylor was more recognizable and more of a role model than anyone in the City's Parks and Recreation Department; that the Parks Board unanimously voted to recommend to the Commission the renaming of the Newtown Community Center to the Robert L. Taylor Community Center. Commissioner Atkins stated that the proper procedures have been followed in renaming the facility; that the thought was the entire complex was being renamed as opposed to just the community center. Mr. Mountain stated that the complex is the community center. Commissioner Atkins stated that his understanding is the same; that several different facilities are named at the complex; that the complex should be named the Robert L. Taylor Community Complex to avoid confusion by incorporating the Newtown Community Center as well. Mr. Mountain stated that the feeling from the Parks Board was the entire complex was included in the renaming. Mr. Gorevan stated that the intent of the Parks Board was to include the entire complex. Commissioner Atkins stated that the entire complex rather than just the Newtown Community Center should be included in the renaming; that Robert L. Taylor is as worthy a person as is personally known for the renaming of the complex; that Mr. Taylor struggled as a graduate from Florida A&M University who never received the credit deserved as a Parks and Recreation employee in the City due to policies of past Administrations; that Mr. Taylor is worthy of the honor; that the ability to move forward with the process is appreciated; that the minutes of the process will be forwarded to the Robert L. Taylor family. Commissioner Palmer stated that the Newtown Estates Recreation Center is also being renamed; and asked if the complex should be called the "Robert L. Taylor Newtown Community Center"? Commissioner Atkins stated no; that Robert L. Taylor alone should stand as the person for whom the Newtown Community Center is being named; that Newtown should not be included in the name. Commissioner Bilyeu referred to the minutes of the April 13, 2004, Parks Board meeting and stated that the minutes are good; however, two spelling errors were noted in the minutes: the name Johnston in David Johnson and the name Bobby in the Bobby Jones Golf Course; that the minutes indicate a contract for the landscaping on the John Ringling Causeway Bridge was awarded to Morelli Landscaping from Clearwater/largor and asked if any local companies bid on the project? Mr. Mountain stated that only one bid was received. Commissioner Bilyeu referred to the minutes of the April 13, 2004, Parks Board meeting and stated that potential sites for a new park east of Tuttle Avenue were referenced; and requested that the locations be provided. Mr. Mountain stated that the locations under consideration will be forwarded to the Commission. Mayor Martin stated that a question regarding a previous Commission discussion concerning the possible extension of the Tony Saprito Pier was raised according to the minutes of the April 15, 2004, Parks Board meeting; that the Commission previously discussed the possibility of saving a portion of the old John Ringling Causeway Bridge for a fishing pier; however, the recommendation was not to attempt to save any portion of the old John Ringling Causeway Bridge for a number of reasons; that Dennis Hart, owner of Hart's Landing, came forward and indicated an alternative for the benefit of the fishing community would be to extend the Tony Saprito Pier; that an extension of the Tony Saprito Pier would be an excellent addition to the community; that the purpose is to let the Parks Board know the Commission has discussed the possible extension of the Tony Saprito Pier. BOOK 56 Page 27722 05/03/04 2:30 P.M. BOOK 56 Page 27723 05/03/04 2:30 P.M. Mayor Martin continued that the understanding was the Parks Board had considered the City's Tree Protection Ordinance and the concept of adding protection for other tree species; however, such discussion is not reflected in the minutes of the April 15, 2004, Parks Board meeting. Mr. Gorevan stated that the Tree Protection Ordinance was discussed at the February 19, 2004, Parks Board meeting; that Staff made a presentation to the Parks Board at the February 19, 2004, Parks Board meeting; that the decision of the Parks Board was to reevaluate the Tree Protection Ordinance after six months. Commissioner Palmer stated that a previous speaker under Agenda Item I, Citizens' Input Concerning City Topics, raised the possibility of creating a Marine Advisory Board; that normally, a Marine Advisory Board would come under the purview of the Parks Board; that the Parks Board is requested to discuss the recommended direction concerning the formation of a Marine Advisory Board; that advice concerning issues related to the Bay is desirable; that an entirely separate advisory board may not be necessary. Mr. Gorevan stated that several concerns related to the Bay or Gulf of Mexico have arisen while sitting on the Parks Board; that an update will be provided as to the boat mooring issue; that the Parks Board has had members with specific Marine Science expertise. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to receive the Parks, Recreation and Environmental Protection Advisory Board Report and to direct Staff to prepare a resolution re-naming the Newtown Community Center the "Robert L. Taylor Community Complex. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes, Martin, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 4 AND 5 = APPROVED ; ITEM NOS. 1, 2, 3, AND 7 = REMOVED FOR DISCUSSION UNDER NEW BUSINESS; ITEM NO. 6 = REMOVED UNDER CHANGES (AGENDA ITEM IV-A) CD 2:53 through 2:54 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Spectrum Underground, Inc. (Bid No. 04-12W) for the Waterline Replacement Project. 5. Approval Re: Funding for the Whole Foods Centre Public Parking Project. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 4 and 5. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1747) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1748) = ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1750) -= ADOPTED ; ITEM 4 ORDINANCE NO. 04-4509 ADOPTED; ITEM 5 (ORDINANCE NO. 04-4540) - ADOPTED ; ITEM 6 (ORDINANCE NO. 04-4544) - ADOPTED (AGENDA ITEM IV-B) CD 2:54 through 2:58 1. Adoption Re: Proposed Resolution No. 04R-1747, appropriating $28,570 from the unrecognized revenue of the Tax Increment Trust Fund to fund the financial analysis by Economic Research Associates related to the development agreement between the City and Ersa Grae Corporation, for the Palm Avenue Project; etc. 2. Approval Re: Proposed Resolution No. 04R-1748, appropriating $100,000 from the unappropriated balance of the General Fund to partially fund the architectural design services for the new clubhouse at the Bobby Jones Golf Course Complex. Funds will be repaid when financing is arranged for the new clubhouse; etc. 3. Approval Re: Proposed Resolution No. 04R-1750, pertaining to the billable fee schedule for the Zoning Code (2002 Ed.); amending the billable fee schedule to set forth a fee for requests to approve major encroachments by way of an encroachment agreement to be approved by the City Commission; etc. (Title Only). 4. Approval Re: Second reading of proposed Ordinance No. 04-4509, amending Chapter 11, Buildings and Building Regulations, creating a new Article VI, pertaining to the registration of contractors and specialty tradespersons; providing for the registration of contractors and specialty tradespersons; providing for minimum requirements for registration; providing for fees for registration except for persons exempt BOOK 56 Page 27724 05/03/04 2:30 P.M. BOOK 56 Page 27725 05/03/04 2:30 P.M. therefrom under Florida Law; providing for the repeal of Ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; providing for a penalty for violations; etc. (Title Only). 5. Approval Re: Second reading of proposed Ordinance No. 04-4540, providing for the designation of the structure located at 1015 North Orange Avenue, historically known as The Sarasota Waterworks Building, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) Application No. 04-HD-01, Applicant, Dan A. Ionescu Architects, P.A. as agent representing Frank W. Howell, as owner). 6. Approval Re: Second reading of proposed Ordinance No. 04-4544, to rezone property located at 500 and 540 North Tamiami Trail from the Commercial Neighborhood (CN) Zone District to the Commercial Central Business District (C-CBD) Zone District to allow a proposed office development with a retail componenti; said development is proposed to be located on the east side of North Tamiami Trail between Fifth Street and the Boulevard of the Arts; approving Site Plan Application No. 02-SP-02 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) Application Nos. 02-RE-02 and 02-SP-02, Applicant Bruce E. Franklin, President, Land Resource Strategies, Inc., as agent representing The May Group, LLC). City Auditor and Clerk Robinson read proposed Resolution Nos. 04R-1747 and 04R-1748 in their entirety and proposed Resolution No. 04R-1750 and proposed Ordinance Nos. 04-4509, 04-4540 and 04-4544 by title only. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 7. UNFINISHED BUSINESS: APPROVAL RE : SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 04-4541, AMENDING CHAPTER 22, SARASOTA CITY CODE, TO CREATE ARTICLE II, PARK PERMITS; PROVIDING FOR DEFINITIONS; PROHIBITING THE USE OF PUBLIC PARKS BY A GROUP OF SEVENTY-FIVE OR MORE PERSONS WITHOUT A PERMIT; SETTING FORTH A PERMIT PROCESS; PROVIDING FOR APPEALS; AMENDING CHAPTER 22, ARTICLE III, CLOSING OF PUBLIC PARKS DURING DESIGNATED HOURS, / SECTION 22-28 TO ALLOW THE USE OF A PUBLIC PARK WHEN CLOSED PURSUANT TO A PERMIT TO BE ISSUED ACCORDING TO THE PERMIT PROCESS SET FORTH IN ARTICLE II; REPEALING ORDINANCES IN CONFLICT; ; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. APPROVED WITH THE CHANGE TO PROPOSED SECTION 22-22(d) (9), SARASOTA CITY CODE (1986 AS AMENDED) TO INDICATE A CLASSIFICATION OF ALLOWABLE USES OF THE PUBLIC PARKS WILL BE DETERMINED BY THE ADMINISTRATION RATHER THAN BY RESOLUTION OF THE COMMISSION (AGENDA ITEM VI-1) CD 2:58 through 3:36 Mayor Martin stated that the next item is to set proposed Ordinance No. 04-4541 amending Chapter 22, Sarasota City Code (1986 as amended) to create Article II, Park Permits, for public hearing; and requested that Staff come forward. Mark Singer, City Attorney, City Attorney's Office, came before the Commission and stated that Staff has been researching proposals for definitive regulations of parks since addressing the Commission in March 2004; that proposed Ordinance No. 04-4541 is a modification of the originally proposed ordinance presented to the Commission which was written on the cusp of the Country's going to war with Iraqi that significant, spirited public debate was ongoing about the war at the time the City was considering an ordinance requiring permits for groups of 50 or more; that proposed Ordinance No. 04-4541 applies to all City parks; that the minimum requirement for a permit has been raised from 50 to 75 individuals; that the other option was to recommend the same regulations as previously proposed to the Commission; however, the regulations would not apply to every park in the City but rather the Commission would determine on a park by park basis to which park the proposed Ordinance would apply. Attorney Singer continued that the proposed Ordinance encompasses all the parks simultaneously rather than on a park by park basis; that Staff was of the opinion the permit requirement would be too complex to manage on a park by park basis; that significant debate would be required to determine to BOOK 56 Page 27726 05/03/04 2:30 P.M. BOOK 56 Page 27727 05/03/04 2:30 P.M. which parks the proposed Ordinance would apply; that the proposed Ordinance as written would require the permit whenever 75 or more persons are to assemble; that the content of the assembly is not considered; that communities throughout the Country have opted for utilizing a number requirement for a permit which has been upheld by the Courts at the Federal level; that the determination of the issuance of the permit is content neutral; that the nature of the activity, the number of people, the health, safety, and welfare of the public are the only considerations to ensure the activity will be safe for the general public and for the protection of public property. Attorney Singer stated further that the originally proposed Ordinance No 03-4433 concerning parks previously presented to the Commission included an extensive application timeline; that the application was required in the City Manager's Office at least 45 days in advance; that the City Manager's Office had 30 days to evaluate the application; that the process has been simplified; that the City Manager's Office has 15 days to decide whether to issue the permit; that the City Manager's Office could be visited one or two days before the event with an application for a permit; that under the currently proposed Ordinance, the City Manager's Office will take reasonable steps in the available time to make a determination; that the permit is automatically deemed granted if no response is received from the City Manager's Office within 15 days. Attorney Singer further stated that a question concerns spontaneous demonstrations; that spontaneous demonstrations cannot be controlled; that proposed Ordinance No. 04-4541 would make spontaneous demonstrations of 75 or more people unlawful; that law enforcement issues would surface if gatherings of 75 or more people occurred; that law enforcement must determine the manner in which to handle such circumstances; that large groups without a permit would be violating the law; that law enforcement must decide the manner in which to handle the situation; that the options include ordering the citizens to disburse due to the illegal gathering, to issue citations for the citizens in charge or who appear in charge, or to make referrals to the City Attorney's Office for the issuance of a summons; that a report could be prepared to encourage the Administration to meet with the event organizers to assist in obtaining permits for the future; that such large events happen on occasion; that the question is one of balance; that the Commission should adopt the permit requirements if the Commission believes a permit system is necessary to deal with large groups using the parks on a regular basis and the necessity outweighs the rights of large groups to gather spontaneously to express religious or public speech without a permit. Attorney Singer continued that permits for assemblies of large groups are required in Federal parks and multiple cities; that the right of freedom of speech must not be forgotten; that assemblies of large groups must be handled in a common sense, logical, and practical manner; that additional problems could arise by ordering all the citizens to depart immediately; that Staff suggests the best mechanism for controlling the parks is before the Commission; that portable restrooms and insurance will not be required for every occasion; that a group of 500 would be expected to manage sanitation and insurance issues; that the potential requirements would be managed on a case by case basis. V. Peter Schneider, Deputy City Manager, came before the Commission; distributed an updated Parks Matrix to replace the existing Parks Matrix included in the Agenda backup material; and stated that the Parks Matrix is an Administrative guideline indicating the appropriateness of events for certain parks; that the information would be available to the public as well as utilized internally as a guideline. Mayor Martin asked for clarification between Bayfront Park and Island Park. Mr. Schneider stated that Bayfront Park is from Gulf Stream Avenue west; that Island Park is separate and is requested for certain events at times Bayfront Park is not available; that several local businesses expressed concern regarding special events at the Bayfront; that the parking available to the public is eliminated in such instances; that large crowds regularly utilize the Steigervaldt-Jockey Fountain, also called the children's fountain, and the Allen Play Area due to the popularity; that a significant number of available parking spaces are utilized; that customers of Marina Jack and O'Learys Water Sports and Grill cannot find parking as a result; that the COEXISTENCE Exhibit had a significant impact on parking in the area; that the City has allowed events to use the southernmost portion of the parking area which is 65 spaces and is isolated from the traffic flow; that tents and event staging areas can be conveniently set upi that the parking problems are compounded by BOOK 56 Page 27728 05/03/04 2:30 P.M. BOOK 56 Page 27729 05/03/04 2:30 P.M. the use of parking spaces which would be available for other facilities. Mayor Martin stated that certain community events have been allowed at Island Park; and referred to Footnote 1 concerning Island Park on the Parks Matrix as follows: Park use limited to existing events July 4th fireworks, holiday boat parade, and Easter sunrise service. Mayor Martin stated that the community events have extended into Bayfront Park; that the same footnote should be indicated for Bayfront Park on the Parks Matrix. Commissioner Atkins stated that the plans are to add some water-related activities at Dr. Martin Luther King, Jr., Park (Dr. MLK Park); and asked for clarification of the types of uses indicated on the Parks Matrix? Mr. Schneider stated that the Parks Matrix is administrative, is constantly updated, and will be amended to include the water feature to the types of activities available at Dr. MLK Park. Commissioner Atkins stated that small concerts have also been held at Dr. MLK Park; that Cocoanut Avenue has been closed to have activities in the street in the past; that the concern is the proposed Ordinance could result in a change of upcoming events. Mayor Martin stated that the canoe/kayak launch and the presence of the Whitaker Bayou means Dr. MLK Park has water related activities; that concerts are performed at Dr. MLK Park. Mr. Schneider stated that both of the activities will be added to the Parks Matrix. Commissioner Palmer stated that a celebration for Dr. Martin Luther King, Jr. Day which is similar to a street fair or carnival is held at Dr. MLK Park; and asked the difference between a street fair, a carnival, and a community event? Mayor Martin stated that a community event sometimes encompasses all of the activities. Mr. Schneider stated that an Administrative Regulation is an administrative implementation mechanism; that the Parks Matrix is part of the Administrative Regulation which will continue to evolve. Attorney Singer referred to proposed Section 22-22 (d) (9), Sarasota City Code (1986 as amended as follows: The proposed use or activity is inconsistent with the classification of uses of the public park as set forth by resolution adopted by the City Commission. Attorney Singer stated that the process concerning parks permits has been evolving; that a classification of uses would be presented to the Commission for adoption by resolution as the proposed Ordinance is currently drafted; that the classification of uses could be an administrative detail which would require a change in the wording to: as set forth by rule of the City Manager. Attorney Singer continued that the City Manager would establish the classification of uses appropriate in the various parks sO updates to the classification of uses would not require adoption of a new resolution. Mayor Martin stated that the classification of uses would require significant attention by the Commission if adopted by resolution. Attorney Singer stated that the question is the degree to which the Commission wishes to be involved in Classifying uses; that the option is to delegate the classification of uses to the City Manager; that proposed Section 22-22(9), Sarasota City Code (1986 as amended), could be changed prior to first reading if desired; that the Administration would prefer a change in the wording to indicate approval by the City Manager rather than adoption by the Commission. Mayor Martin stated that the reason for changing the wording is to help make the regulations easier to update and address; that the Commission's consensus has been reached to amend proposed Section 22-22(d) (9), Sarasota City Code (1986 as amended), to read "as set forth by rule of the City Manager." Commissioner Palmer referred to proposed Section 22-22(d) (8), Sarasota City Code (1986 as amended) as follows: BOOK 56 Page 27730 05/03/04 2:30 P.M. BOOK 56 Page 27731 05/03/04 2:30 P.M. There are alternative locations available, within the public park, or at another public park, where the event may reasonably be located without creating the type or degree of potentially adverse effects it is anticipated would result at a site for which the special event is requested. Commissioner Palmer asked the intent regarding locations and moving people from one location to another? Attorney Singer stated that approval of a proposal for numerous people to use Whitaker-Gateway Park and the main parking lot, or Centennial Park on a day without much boat traffic, or Gillespie Park could be determined by the Administration; that an alternative location which is nearby may be desirable; that the Administration could decide a significant event proposed for Whitaker-Gateway Park on a Sunday with participants not residing in the vicinity would be more appropriate in Gillespie Park, Ken Thompson Park, or another larger park; that alternatively, a request could be made for a neighborhood park by a neighborhood association; that the participants would be walking sO transportation would not be an issue; that another example would be an event at Gillespie Park for which the pavilion was not required but desired; that the City Manager may suggest a permit is necessary but keep the pavilion open for typical Sunday picnic activities; that another area of the park could be utilized for music away from the pavilion area. Commissioner Palmer asked the manner in which permits would be coordinated between the City and the County to avoid confusion? Attorney Singer stated that the technicalities would be handled by the City Manager's Office; that the County does not have an adopted permit policy; that the County has an ad hoc policy which is a policy not in writing; that a reservation can be scheduled by calling the County; that no County Ordinance or County Resolution applies; that no rules and regulations have been adopted by the County Administration; that the County has a form to complete and a fee to payi that no specific authority has been granted to the County Administration by the Sarasota Board of County Commissioners (BCC). Commissioner Palmer asked the result if a person comes to the City to acquire a permit while someone else goes to the County to obtain a reservation on the date of the event? Mr. Schneider stated that the County is notified when a Special Event Form is completed for a City park operated by the County; that the event sponsor must enter into the rental agreement with the County for the use of the park; that a permit is received from the City and the park is rented from the County. Commissioner Palmer asked if the City would be notified if a person went to the County for a rental agreement? Mr. Schneider stated that the correct procedure is to notify the Cityi that further clarification of the County's procedures will be provided. Commissioner Palmer asked the time required to process a permit through - the City Manager's Office and asked the number of permits rejected in 2003 and the reasons. Mr. Schneider stated that sponsors are requested to fill out the Special Event Form 30 days in advance of the event; that $100 can be charged as a late fee if the Special Events form is submitted less than 30 days in advance; that the late fee has been charged previously but not within the last five years; that the effort is to work with organizations rather than create obstacles; that the shortest time period for submission for a permit is probably 7 to 10 days prior to an event; that no permits or applications have been lost in processing which resulted in cancellation of an event; that the number of special events has been increasing; that approximately 90 special events occurred last year not including weddings; that approximately 60 weddings occurred last year; that the majority of the weddings took place at the steigerwaldt-Jockey Fountain, also called the children's fountain, at the end of Island Park; that the only event which was turned down was a request for a waiver of the Noise Ordinance submitted by a group of people desiring to sing holiday carols in a mobile home park beginning at 10:00 p.m. and lasting until 2:00 a.m. in the morning. Commissioner Palmer stated that a march for women's rights occurred on April 25, 2004, at the Bayfront; that a permit was received; that the congregation created traffic problems; that the police were well-mannered, professional, and moved the event to the internal part of the park; that the meeting did not create a problem; that clarity was necessary for the location at which the congregation could occur; that the understanding is similar events will be allowed under the proposed Ordinancei that the further understanding is no special events would be BOOK 56 Page 27732 05/03/04 2:30 P.M. BOOK 56 Page 27733 05/03/04 2:30 P.M. allowed on the periphery of the park; and asked if both understandings are correct? Mr. Schneider stated yes; that special events would not be allowed at the Bayfront due to the parking limitations. Commissioner Bilyeu asked the manner in which the proposed Ordinance would affect the Sarasota Season of Sculpture Exhibition? Mr. Schneider stated that the Commission would make the policy decision and has the authority to grant approval for another Sarasota Season of Sculpture if desired; that Staff is willing to work within the parameters established by the Commission; that a staged, organized event is different than a group of people requesting approval for a large assembly. Commissioner Bilyeu stated that a concern is the availability of parking spaces for lessees of City property; that the other parking spaces are first come, first served; that problems would be created for lessees if 75 parking spaces are not available. Mr. Schneider stated that the leases do not usually indicate the availability of a certain number of parking spaces; that the leases usually indicate the City must provide adequate parking. Commissioner Palmer stated that more information concerning the possibility of allowing limited events at the location on the east side of the Allen Play Area is requested; that a significant number of people can assemble; that one dangerous problem was the people gathering around the traffic circle. Mayor Martin stated that community events are not allowed at the Chaplain J.D. Hamel Park; that the area may be large enough sO the same parking conflicts do not occur; that the Sarasota Film Festival was held without any particular conflicts; that the movies of the Sarasota Eilm Festival are shown on Friday nights; that Friday nights must be busy for O'Leary's Restaurant and Grill and Marina Jack; that the parking possibilities on the east side could provide a parking outlet while still maintaining visibility. Mr. Schneider stated that the definition of a community event is one involving 1,500 people; that less than 1,500 people could be accommodated at the Chaplain J.D. Hamel Park; that the goal is to make the events work by being flexible; that the intent is to help facilitate a successful event if a facility is available. Mayor Martin stated that a concern with Ken Thompson Park, Whitaker-Gateway Park, and Island Park is prime public space which is very expensive to maintain is being utilized; however, the public is precluded from using the parks as much as the demand warrants. Mr. Schneider stated that use of Whitaker-Gateway Park has always been allowed on a first-come, first-served basis due to the small amount of parking which has worked well. Commissioner Bilyeu stated that a permit for 75 or more people will equate to a certain number of vehicles; that the parking must be available. Commissioner Atkins stated that the use of Whitaker-Gateway Park seems to work well; that two or three weddings, two or three picnics, and a birthday party have been observed simultaneously. Mr. Schneider stated that the use of Whitaker-Gateway Park has worked well; that everyone is allowed the same access to the park. Mayor Martin stated that the term "community event" is defined as a large crowd of 1,500 or more; that the Arlington Park Neighborhood Association was concerned when the residents realized Arlington Park was available for large groups; that adequate parking would not be available for such an event. City Manager McNees stated that one of the variables is considering the location from which people attending the event will come; that an event with 1,500 people in the Arlington Park neighborhood could conceivably be attended primarily by neighborhood residents; that flexibility is important to balance the decision based on the variables; that no two events are ever identical. Commissioner Bilyeu stated that discussions concerning the permitting process were held with Staif; that the special event permit is for anyone requiring City services or if over 75 people are attending the function; that calling the permit a Special Events Permit would be appropriate. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to set Ordinance No. 04-4541 for public BOOK 56 Page 27734 05/03/04 2:30 P.M. BOOK 56 Page 27735 05/03/04 2:30 P.M. hearing with the change to proposed Section 22-22(d) (9), Sarasota City Code (1986 as amended), to indicate a classification of allowable uses of the public parks will be determined by the Administration rather than by Resolution of the Commission. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. 8. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE PREPARATION AND EXECUTION OF A LEASE AMENDMENT BETWEEN THE CITY OF SARASOTA AND MARINEMAX OF SARASOTA, L.L.C., (MARINEMAX) TO INCREASE THE SEATING CAPACITY OF THE RESTAURANT FROM 149 TO 151 - MOTION TO APPROVE FAILED (AGENDA ITEM VII-1) CD 3:36 through 3:43 Mayor Martin stated that the item concerns an amendment to the lease agreement with MarineMax of Sarasota, LLC, (MarineMax) to increase the seating capacity of the restaurant on the leasehold from 149 to 151; that the matter was pulled from the Consent Agenda due to some concerns; that the understanding is the change in seating capacity allows the leaseholder to apply and qualify for a liquor license; that significant concern was previously raised regarding the addition of a restaurant at Mote Marine Laboratory and Aquarium (Mote Marine); that the competitive advantage was raised as a concern by restaurant owners in the area; that a question was if the lease amendment should be approved on the Consent Agenda without some discussion; that the situation could become problematic; that O'Leary's Restaurant and Grill on Island Park could potentially request the same consideration; that resistance could then be expected from Marina Jack and Main Street merchants; that the lease amendment is not supported. Commissioner Palmer stated that the lease amendment is supported; that the increase of two seats is appropriate; that a liquor license is appropriate for a waterfront restaurant; that an increase in revenues should result. Mr. Schneider stated that the Old Salty Dog restaurant has a sublease with MarineMax; that the City's revenues will not be affected. Mayor Martin stated that the amount the City receives in revenues is another consideration. Commissioner Bilyeu stated that increasing the number of seats from 100 to 151 might be a concern; however, increasing the number of seats only by two is supported. Mayor Martin stated that the concern is more about the eligibility for a liquor license than the increase in the number of seats. Commissioner Atkins stated that the initial thought related only to an increase of two seats; that the lease amendment would have been supported if supported by the other Commissioners; that considerable restriction was placed on Mote Marine; that many people considered the proposed restaurant at Mote Marine imposed into their livelihood; that now the same people are requesting to change a lease without any remuneration for the Cityi that the increase in the number of seats is not supported. Commissioner Palmer stated that the issue before the Commission is not similar to the situation involving Mote Marine; that Mote Marine requested a license for a full service restaurant; that Mote Marine was not willing to pay any percentage of the revenue to the City which was the concern; that the situations are not similar. The following person came before the Commission: Philip Needs, 7873 Saddle Creek Trail (34241) representing the Old Salty Dog Restaurant, stated that a considerable amount of money has been spent building the new restaurant facility since the lease was drafted seven years ago; that the lease was drafted with the previous owner who did not want liquor at the facility; that the previous owner is no longer with MarineMax; that serving liquor at the establishment should be allowed after such significant funds have been spent on the new facility; that people come to the restaurant on the MarineMax leasehold continuously requesting tropical drinks; that the people visiting are in the City to enjoy themselves; that the same people no longer come to the location due to the unavailability of tropical drinks; that the ability to give the people coming to the Bay something with an island, tropical atmosphere is part of giving back to the community; that a liquor license would enhance both the City and his business; that citizens should be rewarded for positive actions to benefit the City's economyi that $100,000 could be spent to obtain a liquor license on Siesta Key; that $100,000 could be spent on City property if sO required; that approving the two seats would save him $100,000; BOOK 56 Page 27736 05/03/04 2:30 P.M. BOOK 56 Page 27737 05/03/04 2:30 P.M. that enough money has been given to the City for the City to approve the two seats. Commissioner Bilyeu asked if beer and wine are sold at the establishment? Mr. Needs stated yes. Commissioner Bilyeu stated that beer and wine is liquor in his opinion. Commissioner Palmer stated that the matter should be continued until the next meeting sO a full Commission can vote. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to continue consideration of the lease amendment for MarineMax of Sarasota, LLC, to the May 17, 2004, Regular Commission meeting. Motion failed (2 to 2): Atkins, no; Bilyeu, yes; Palmer, yes, Martin, no. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to approve the preparation and execution of a lease amendment with MarineMax of Sarasota, LLC, to increase the seating capacity of the leased restaurant from 149 to 151. Motion failed (2 to 2): Atkins, no; Bilyeu, yesi Palmer, yesi Martin, no. 9. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIRST EXTENSION OF AGREEMENT BETWEEN THE CITY OF SARASOTA AND UPMAN'S WRECKER SERVICE, INCORPORATED) / (BID #02-66M) TO PROVIDE THE SARASOTA POLICE DEPARTMENT WITH WRECKER TOWING AND STORAGE SERVICES FOR THE FIRST OF TWO ADDITIONAL ONE (1) YEAR PERIODS ON AN "AS NEEDED" BASIS = APPROVED (AGENDA ITEM VII-2) CD 3:46 through 3:51 Mayor Martin stated that the item referring to the first extension to the agreement with Upman's Wrecker Service, Incorporated, was pulled from the Consent Agenda by Commissioner Atkins. Commissioner Atkins stated that the item was pulled due to concern regarding wreckage cleanup; that an accident is not cleared until all the glass and plastic have been removed from the roadway; that the task should be handled by the wrecker service; that hazards are beginning to increase after accidents. James Schultz, Captain, and Gerard Lacertosa, Jr., Lieutenant, Sarasota Police Department, came before the Commission. Captain Schultz stated that Upman's Wrecker Service is required to clean up the debris, bumpers, or trash when called to the scene of an accident. Commissioner Atkins asked the individual responsible if the debris is not removed from the scene? Captain Schultz stated that the police officer at the scene should ensure Upman's Wrecker Service cleans up the excess debris; that Upman's Wrecker Service has neither refused to Clean nor failed to not clean up debris to his knowledge. Commissioner Atkins stated that whoever is responsible for assuring the debris is cleaned up should be aware of the excessive amounts of glass and plastic remaining on the roadway after accidents. Captain Schultz stated that the concern will be forwarded to the other police officers; that multiple wrecker companies arrive on the scene of accidents; that some wrecker companies arrive at the vehicle owner's request; that the police officers at the scene are responsible for assuring the wrecker driver does not leave until the debris is cleaned up; that accidents to which police officers are not called occur; that drivers sometimes pull into a parking lot and reach a resolution; that the requirement for the police officers to arrive on the scene of an accident is to assure the debris is removed. Mayor Martin asked if the contract with Upman's Wrecker Service is related to accidents or parking? Captain Schultz stated that the contract is for accidents if the people do not specify a particular wrecker companyi that people can be from out of town and do not know the wrecker companies in the City. Commissioner Bilyeu stated that testimony regarding the cleanup can be corroborated from his ride-along on April 30, 2004, with William Bjork, Police Officer, Sarasota Police Department; that Upman's Wrecker Service arrived at an accident scene and hoisted the car on the truck; that Officer Bjork indicated the areas BOOK 56 Page 27738 05/03/04 2:30 P.M. BOOK 56 Page 27739 05/03/04 2:30 P.M. which required cleanup; that Upman's Wrecker Service did a satisfactory job considering the location on US 41. Captain Schultz stated that the problem of debris will be emphasized to the patrol stafi; that the supervisors will be made aware of debris being left at accident scenes which should correct the situation. Commissioner Bilyeu stated that after 5:00 p.m. while traveling south on Osprey Avenue, a City truck was parked in the middle of the street and an employee was cleaning up a significant amount of glass from the roadway; that a police officer should have been on the scene as the employee was in harm's way; that whether the glass was from an accident is not known. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to approve the first extension of the agreement to Upman's Wrecker Service, Incorporated, and to authorize the Mayor along with the City Auditor and Clerk to execute same. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. 10. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR TO EXECUTE THE CHANGE ORDER BETWEEN THE CITY OF SARASOTA AND WEST FLORIDA MAINTENANCE, INC., (BID NO. 04-04N) FOR PAINTING OF STADIUM AND CLUBHOUSE = APPROVED (AGENDA ITEM VI-3) CD 3:51 through 3:54 Mayor Martin stated that the item concerns Bid No. 04-04N for the painting of Ed Smith Stadium and Clubhouse and was pulled from the Consent Agenda by Commissioner Bilyeu. Commissioner Bilyeu stated that the cost to complete the additional work was originally anticipated at $4,000 to $5,000; that the final cost to complete the additional work was $8,300; that the difference is significant and requires clarification. Patrick Calhoon, Manager, Sports Facilities, came before the Commission and stated that the painters were approaching a deadline at Ed Smith Stadium; that additional issues arose during the job; that a walk-through was performed two days before the scheduled opening; that the invoice was received several weeks later; that significant time went into the painting project; that the project involved painting overhead pipe which required scaffolding; that a significant number of staff was required to complete the project before spring training began; that the project included painting the piping in the press box. Commissioner Bilyeu stated that the document received was an invoice and not a bid; that the work was done; therefore, the City should pay for the work. Mr. Calhoon stated that the original bid was $70,000; that 12 contractors bid from $70,000 to $226,000; that $134,000 was budgeted to complete the project; that such a significant disparity in the bids caused concern; that many inquiries were made of previous job performance by the respondents; that excellent recommendations were received from all the references; that West Florida Maintenance, Inc., did an excellent job; that the add-ons exceeds 10 percent of the original contract value and therefore requires Commission approval. On motion of Commissioner Bilyeu and second of Commissioner Palmer, it was moved to approve the Change Order to Bid Contract No. 04-04N. Motion carried (4 to 0): Atkins, yes; Bilyeu, yesi Palmer, yes; Martin, yes. 11. NEW BUSINESS: APPROVAL RE : CHANGE ORDER #1 BETWEEN THE CITY OF SARASOTA AND WEST FLORIDA MAINTENANCE, INC. (BID NO. 04-09W) IN THE AMOUNT OF $30,197.70 TO INCLUDE ABOVE- - GROUND CONCRETE WATER STORAGE TANKS AND THE SEAWATER PUMPING STATION NEAR THE VAN WEZEL PERFORMING ARTS HALL APPROVED (AGENDA ITEM VI-4) CD 3:54 through 3:57 Mayor Martin stated that the Change Order to Bid No. 04-09W concerns the water and wastewater treatment facility painting; that Commissioner Bilyeu pulled the item from the Consent Agenda. Commissioner Bilyeu stated that further clarification concerning the bid process would be appreciated. Douglas Taylor, Deputy Director of Utilities, Public Works Department, came before the Commission and stated that an amount was budgeted for fiscal year (FY) 2004/05 for painting; that the price from West Florida Maintenance, Inc., was exceptional; that the anticipation was to budget additional funds for FY 2005/06 to complete the project; that the bid from West Florida Maintenance, Inc., was low enough to fund both phases of the BOOK 56 Page 27740 05/03/04 2:30 P.M. BOOK 56 Page 27741 05/03/04 2:30 P.M. painting in the current fiscal year; that the work scheduled for completion upon approval of the change order is painting of the storage tanks at the booster pump stations; that the seawater pump station and the purple pier by the Van Wezel Performing Arts Hall (VWPAH) will be painted; that the company is doing an exceptional job at a good price; that the wastewater treatment plant tanks at 12th Street have been painted. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to approve the Change Order concerning Bid No. 04-09W. Commissioner Bilyeu stated that the reason for pulling the item was to place on the record the explanation for spending additional money, which is considered important. Commissioner Palmer stated that she concurs with Commissioner Bilyeu's comments; that a meeting was held with the City Manager prior to the current meeting at which the same information was requested; that a meeting is held with the City Manager every morning before a Regular Commission meeting; that receiving information from Staff regarding City department overruns or at least an explanation as to the reason for overruns would be helpful. Commissioner Bilyeu stated that correspondence is constantly received regarding the reason the City spends significant funds on certain projects; that the project was pulled from the Consent Agenda prior to approval for public awareness. Mayor Martin called for a vote on the motion to approve Change Order No. 1 between the City of Sarasota and West Florida Maintenance, Inc., in the amount of $30,197.70 to include aboveground concrete water storage tanks and the seawater pumping station near the Van Wezel Performing Arts Hall. Motion carried (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yesi Martin, yes. 12. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 3:57 There was no one signed up to speak. 13. COMMISSION BOARD AND COMMITTEE REPORTS - AUTHORIZED THE MAYOR TO SIGN A LETTER INDICATING THE CITY'S SUPPORT FOR THE EXTENSION OF THE STRATEGIC INTERMODAL CONNECTOR FROM THE ENTRANCE OF THE SARASOTA-BRADENTON INTERNATIONAL AIRPORT TO US 41 (AGENDA ITEM IX) CD 3:57 through 4:00 COMMISSIONER PALMER: A. stated that members of the Sarasota/Manatee Metropolitan Planning Organization (MPO) discussed the accounting for Federal and State revenues for the MPO District; that the City is only receiving 53 cents back on the tax dollar contributed to the Federal Government; that the amount of transportation funding received from the State is a concern as funding is being taken away from District One which includes the City. B. stated that House Bill 1477, the Strategic Intermodal System Bill, was passed; that the Sarasota-Bradenton International Airport was referenced in the Bill and is included in the State's Intermodal System; however, the connector from Interstate 75 is only to the airport property; that 500 feet of the road from the entrance of the airport to US 41 is not included; that an effort is being made to have all of University Parkway included; that the Commission is requested to authorize the Mayor to draft a letter expressing the City's support of the extension of the Strategic Intermodal Connector from the entrance of the arasota-Bradenton International Airport to US 41. Mayor Martin stated that hearing the Commission's agreement, the Mayor is authorized to sign a letter indicating the City's support for the extension of the Strategic Intermodal Connector from the entrance of the Sarasota-Bradenton International Airport to US 41. 14. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA ADMINISTRATION WILL PROVIDE A WRITTEN REPORT CONCERNING THE ISSUANCE OF PARKING TICKETS AT THE SELBY PUBLIC LIBRARY, ; DIRECTED THE SCHEDULING OF A JOINT MEETING BETWEEN THE COMMISSIONS OF THE TOWN OF LONGBOAT KEY AND THE CITY OF SARASOTA; AGREED CHANGES TO THE COMMISSION'S RULES OF PROCEDURE WILL BE PRESENTED AT THE MAY 17, 2004, REGULAR COMMISSION MEETING (AGENDA ITEM X) CD 4:00 through 4:17 BOOK 56 Page 27742 05/03/04 2:30 P.M. BOOK 56 Page 27743 05/03/04 2:30 P.M. COMMISSIONER BILYEU: A. stated that the celebration for the participants in the Community Youth Development and the Students Taking Active Roles (STAR) Programs of Sarasota County was attended; that the STAR students are involved with various City and County Boards; that the involvement of the students and Staff is outstanding; that the attendance at the celebration was excellent; that the other Commissioners' presence was appreciated. B. stated that a ride-along was taken with the Sarasota Police Department (SPD) and the Department of Building, Zoning and Code Enforcement; that observing the activities of the different departments is very enlightening; that the recommendation to the other Commissioners is to go on a ride-along; that the SPD is commended for dealing with the emotions and situations which are experienced; that providing additional assistance to accident victims was personally desired; that Friday night was very eventful; that Staff is commended for their efforts. City Manager McNees stated that Commissioner Bilyeu's comments regarding the SPD and the Department of Building, Zoning, and Code Enforcement are appreciated. COMMISSIONER ATKINS: A. stated that the State Legislature passed legislation expanding the City's Enterprise Zone. B. that a Newtown community meeting has been scheduled monthly, at the Goodwill Selby Building; that the manner in which to develop agendas and a broader community consensus relating to issues will be discussed; that people not already involved in coalitions will be given the opportunity to have a voice in the community; that the community is encouraged to participate. Mayor Martin stated that the Newtown community meeting should be placed on the Commissioners' calendars for informational purposes; that the outcome of the meetings is of interest. COMMISSIONER PALMER: A. stated that ride-alongs with the Department of Building, Zoning, and Code Enforcement, the Sarasota Police Department (SPD), and other departments are encouraged; that the ride-alongs are truly fascinating; that the communications activities in the Office of the City Auditor and Clerk and the ticket selling activities at the Van Wezel Performing Arts Hall (VWPAH) are interesting; that the activities of the departments of the City are fascinating. B. stated that funding will not be received from the State for spring training facilities; that ultimatums issued by the Florida Marlins Baseball Team's created problems; that new State legislation will be initiated in 2005; that the City and the County have discussed a partnership between the City, County, State, and the Cincinnati Reds Baseball Team; that the funding efforts for the stadium will continue. D. stated that the possible cancellation of a Regular Commission meeting in August 2004 will be placed on the Agenda for the May 17, 2004, Regular Commission meeting; that a December 20, 2004, Regular Commission meeting is scheduled; that Staff and Commissioners have plans for vacations and holidays; that the Commission will be asked to consider moving the December 20, 2004, Regular Commission meeting to December 13, 2004. E. stated that the Sarasota Board of County Commissioners (BCC) established a two hour parking limit at the Selby Public Library for everyone visiting the library or parking for other businesses Downtown; that a request was made by the BCC to ascertain if the Sarasota Police Department would be willing to patrol and ticket drivers parked at the library for more than two hours; that the Administration was requested to investigate the matter. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that a written report will be provided by the Commission. F. stated that the meeting of the Coalition of City Neighborhoods Association (CCNA) was attended on May 1, 2004; that the database used by various departments to send information to neighborhood associations differs BOOK 56 Page 27744 05/03/04 2:30 P.M. BOOK 56 Page 27745 05/03/04 2:30 P.M. which is a concern; that the understanding is Staff has begun work to establish a database everyone can access sO the information can be sent to the appropriate people. City Manager McNees stated that the matter will be taken under advisement and resolved. City Auditor and Clerk Robinson stated that correspondence was sent to all departments prior to the current meeting indicating the location of the master electronic file to use for mailing addresses for neighborhood associations. Commissioner Palmer stated that all Staff should be given the information sO the citizens will receive the necessary mail. G. stated that the May 2, 2004, Sarasota Architectural Foundation tour was magnificent; that the proposed City of Sarasota Downtown Code (Downtown Code) was discussed in detail with members of the local Chapter of the American Institute of Architects; that the tour was of modernistic buildings either built or refurbished in the last four or five years; that the tour was fascinating; that the facilities are gorgeous. H. stated that a May 2, 2004, presentation of the Sarasota Herald-Tribune building was provided but was not personally attended; that Commissioner Bilyeu and some of the other Commissioners attended the presentation. I. stated that scheduling a joint meeting between the Town of Longboat Key and the City of Sarasota Commissions in the summer or fall of 2004 to consider various issues and cooperation between the two Commissions was discussed with the Mayor of the Town of Longboat Key. Mayor Martin stated that discussions were held with the Mayor of the Town of Longboat Keyi that the Commission has been discussing scheduling a joint meeting for the past year; that important topics should be scheduled on an Agenda for the joint meeting; that less formal discussion can occur as well; and asked if the Commission has any objections to scheduling a joint meeting? Commissioners Bilyeu and Atkins stated that scheduling a joint meeting is fine. J. stated that Staff was to bring the changes to the Commission's Rules of Procedure regarding tie votes to the Commission; that not having a majority vote on issues is a significant concern; that at least a 3 to 2 vote should be necessary to take action; that a majority vote should occur or the matter should be continued until the full Commission is present. City Auditor and Clerk Robinson stated that the Commission's Rules of Procedure can be changed for all items not pertaining to the Zoning Code (2002 Ed.); that the Zoning Code (2002 Ed.) currently indicates a tie vote is considered a denial; that the Zoning Code (2002 Ed.) must be changed through an amendment process. Commissioner Palmer stated that the Commission's Rules of Procedure could be changed without considering issues governed by the Zoning Code (2002 Ed.). City Auditor and Clerk Robinson stated that the changes will be presented at the May 17, 2004, Regular Commission meeting. Commissioner Atkins asked for clarification concerning the issue. City Auditor and Clerk Robinson stated that an item such as the tie vote concerning the lease amendment with MarineMax of Sarasota, LLC, MarineMax), which is not governed by the Zoning Code (2002 Ed.), would be automatically continued to the next meeting for a full Commission vote under the procedure requested. Commissioner Palmer stated that the matter was previously discussed by the Commission after a similar event transpired. City Auditor and Clerk Robinson stated that a change in the Commission's Rules of Procedure is required. Commissioner Palmer stated that a Commission consensus had been previously reached concerning tie votes for all matters except those governed by the Zoning Code (2002 Ed.); that the result of the tie vote regarding MarineMax at the current meeting was a surprise. K. stated that students from area schools are developing a recommendation for a Youth Advisory Board; that a presentation will be made at the May 17, 2004, Regular Commission meeting. BOOK 56 Page 27746 05/03/04 2:30 P.M. BOOK 56 Page 27747 05/03/04 2:30 P.M. City Auditor and Clerk Robinson stated that the Agenda for the May 17, 2004, Regular Commission meeting is extremely heavy and includes a presentation by Sarasota County concerning the Convention Center; and asked if the Youth Advisory Board presentation could be given at the June 7, 2004, Regular Commission meeting? Commissioner Palmer stated that the availability of the students is a concerni that school is recessed for summer the last week of May 2004; that the presentation will be similar to a Board Report; that assuring the program begins by the commencement of the school year in September 2004 will require expediting the procedure. Mayor Martin stated that the status of the availability of the students for the June 7, 2004, Regular Commission meeting would be beneficial. City Auditor and Clerk Robinson stated that the students will be contacted and the presentation scheduled as necessary. MAYOR MARTIN: A. stated that an informal Workshop has been scheduled on Wednesday, May 19, 2004, from 4:15 to 5:15 p.m.i that an informal setting will allow more freedom for developing an understanding among the Commissioners; that the Commission could then decide whether an item is appropriate for the Agenda; that policies, procedures, ideas, and initiatives could be discussed; that the Charter Officials should be invited to the first meeting to determine if having the informal Workshop is valuable to the Commission. Commissioner Paimer stated that the Charter Officials were always in attendance at previous informal workshops; that issues arise requiring interaction between the Charter Officials and the Commission; that the Charter Officials should be invited; that someone will have to take the minutes. Mayor Martin stated that the informal Workshop would be advertised; that simple, short minutes could be taken; that the Workshop would be open to the public; that the Workshop will be held in the Conference Room at the Federal Building and has already been scheduled for May 19, 2004. 15. OTHER ATTRSADKDISTMAITVA OFFICERS (AGENDA ITEM XI) CD 4:17 through 4:20 CITY MANAGER MCNEES: A. stated that the City Hall reflecting pool has been repaired; that the hope is for the reflecting pool to last for many years. B. stated that the architectural detail is becoming visible at the Whole Foods Market Centre; that the columns are being constructed for the SCAT facility; that the streets will begin to re-openi that a preview of the future look of the area is exciting. V. PETER SCHNEIDER: A. distributed copies of a letter to Nancy Carolan, Director of General Services, from Todd Watson, Executive Director of the Pelican Man's Bird Sanctuary dated May 1, 2004, which was received in response to an April 22, 2004, letter the City requesting compliance with the terms of the lease with the City. CITY ATTORNEY TAYLOR: A. stated that an out-of-the-sunshine, attorney-Client session is scheduled for Wednesday, May 5, 2004, in the matter of Gilbert versus the City pending in United Stated District Court (USDC) in Tampa, Florida; that the request for the session is the result of a mediation; that the requirement under the Florida Statutes is for the City Attorney to come to a Commission meeting and announce the desire to have the session. Commissioner Palmer stated that personal attendance at the May 5, 2004, Special Commission meeting will not be possible; that attendance by speakerphone will be required; that an Economic Development Board meeting is scheduled in the vicinity of Clark Road and Interstate 75 beginning at 3:00 p.m. and will not likely end in time to allow personal attendance at the attorney-client session. The Commission recessed at 4:20 p.m. and reconvened at 6:00 p.m. 16. COMMISSION PRESENTATION RE: EMPLOYEES OF THE MONTH FOR APRIL 2004, BUCK JOHNS, EQUIPMENT OPERATOR II, AND BOB HOEK, LANDSCAPE MAINTENANCE TECH I (AGENDA ITEM XII-1) CD 6:02 through 6:07 BOOK 56 Page 27748 05/03/04 2:30 P.M. BOOK 56 Page 27749 05/03/04 2:30 P.M. Mayor Martin requested that Doug Ehman, Deputy Director of Public Works, and Buck Johns, Equipment Operator II, and Bob Hoek, Landscape Maintenance Technician I, Public Works Department and Employees of the Month for April 2004, join him and the Commission at the Commission table. Mayor Martin stated that recognizing employees from the Public Works Department is an honor since public works employees are on the front line in many ways; that the work is sometimes performed on an emergency basis and is highly noticeable. City Manager McNees stated that the City recognizes employees each month who have been chosen by peers to receive the Employee of the Month award; that the individuals being awarded the Employee of the Month for April 2004 are especially deserving; that the City's landscape crew is receiving many awards which is good. Mr. Ehman stated that Mr. Johns and Mr. Hoek are very hard working employees; that the two employees comprise a roving crew which covers the entire City and are the reason for the success of the Landscaping Division; that as the Public Works roving crew, Mr. Johns and Mr. Hoek are first responders to problems such as downed tree limbs, removal of trees, or common problems such as large armadillos which were not able to cross the road; that the nominations for Employee of the Month for April 2004 were brought forward by fellow workers rather than supervisors which is significant, heartening, and wonderful; that Mr. Johns is a native Sarasotan and Mr. Hoek is from Yonkers, New York; and recognized Mr. Johns' wife, Kerri and son Dalton, present in the Chambers audience. Mayor Martin presented Mr. Johns and Mr. Hoek with a City-logo watch, a plaque, and a certificate as the April 2004 Employee of the Month in appreciation of their unique performance with the City of Sarasota; and congratulated both individuals for their outstanding efforts and for serving with excellence and pride. 17. PRESENTATIONS RE: MAYOR'S CITATION TO DR. DUNCAN FINLAY, PRESIDENT, / CEO, SARASOTA MEMORIAL HOSPITAL FOR EXTRAORDINARY EFFORTS IN TRANSPORTATION DEMAND MANAGEMENT (AGENDA ITEM XII-2) CD 6:07 through 6:11 Mayor Martin requested that Dennis Daughters, Director of Engineering/City Engineer, Natalie Rush, Transportation Planner, Engineering Department, and Dr. Duncan Finlay, President and Chief Executive Officer of Sarasota Memorial Hospital (SMH), join him and the Commission at the Commission table. Mayor Martin stated that the City is proud of SMH and particularly the leadership of Dr. Finlay. Mr. Daughters stated that SMH is a leader in the City in Transportation Demand Management (TDM); that SMH began TDM programs many years ago through carpooling, offsite parking, etc.; that the City commends SMH on the TDM plan effort put forth; that SMH is recognized as the City's leader in the implementation of the TDM program. Mayor Martin read in its entirety the Mayor's Citation recognizing Dr. Finlay and SMH for efforts related to TDM programs and presented the Mayor's Citation to Dr. Finlay. Dr. Finlay stated that the City is thanked for the honor; that working with Staff has been a pleasure; that Staff has been more than cooperative; that the relationship between the City and SMH is excellent; that SMH's Neighborhood Advisory Committee has been active in assisting SMH with understanding and resolving many neighborhood issues. Mayor Martin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 18. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4538, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BOOK 56 Page 27750 05/03/04 2:30 P.M. BOOK 56 Page 27751 05/03/04 2:30 P.M. BY REFERENCE BY ORDINANCE NO. 02-4357; AMENDING THE FOLLOWING PROVISIONS OF THE ZONING CODE (2002 ED.) TO PROVIDE CLARIFICATIONS AS FOLLOWS: ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION; DIV. 2, DEFINITIONS: ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES; DIV. 9, CONDITIONAL USES; SEC. IV-903, STAFF REVIEW AND REPORT, AND SEC. IV-904, PLANNING BOARD REVIEW; DIV. 10, SUBDIVISIONS/PLATS; SEC. IV-1004, PLANNING BOARD REVIEW; ARTICLE VI, ZONE DISTRICTS) ; DIV. 1, GENERAL; SEC. VI-102, ZONE DISTRICT MAP AND GENERAL REGULATIONS; ; DIV. 2, SINGLE - FAMILY ZONE DISTRICTS; SEC. VI-203, RESIDENTIAL USE DEVELOPMENT STANDARDS; DIV. 3, MULTI! PLE- - FAMILY ZONE DISTRICTS; SEC. VI-303, DEVELOPMENT STANDARDS; DIV. 4, OFFICE ZONE DISTRICTS; SEC. VI-403, DEVELOPMENT STANDARDS; DIV. 6, PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS; SEC. VI-603, DEVELOPMENT STANDARDS; DIV. 7, SPECIAL PURPOSE ZONE DISTRICTS; SEC. VI- 702, PRIMARY USES; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIV. 2, OFF-STREET PARKING AND LOADING; SEC. VII-204, NUMBER OF PARKING SPACES REQUIRED AND BICYCLE STANDARDS; DIV. 3, TRANSITIONAL BUFFERS, LANDSCAPING AND VEGETATION, ; SEC. VII-303, BUFFER REQUIREMENTS AND INSTALLATION STANDARDS; DIV. 6, USE STANDARDS; SEC. VII- 602, SPECIFIC SANDARDS FOR CERTAIN USES; DIV. 13, WATERFRONT PROPERTY AND DOCKS i SEC. VII-1302, DOCKS i REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF, ; ETC. (TITLE ONLY) PASSED ON FIRST READING AND NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4547, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; AMENDING THE FOLLOWING PROVISIONS OF THE ZONING CODE (2002 ED.) FOR PURPOSES OF CLARIFICATION AND REVISION: ARTICLE IV, L DEVELOPMENT REVIEW PROCEDURES; DIV. 2, GENERAL PROCEDURES; SEC. IV-202, NOTICES AND PUBLIC HEARINGS; DIV. 5, SITE PLAN; ; SEC. IV-505, CITY COMMISSION REVIEW; DIV. 6, VARIANCES; SEC. IV-608, EXPIRATION OR REVOCATION OF APPROVAL; DIV. 8, SEC. IV-804, HISTORIC PRESERVATION BOARD REVIEW; ARTICLE V, VESTED RIGHTS AND NONCONFORMITIES; DIV. 1, SEC. V-104, NONCONFORMING USES: SEC. V-105, NONCONFORMING STRUCTURES; SEC. V-107, NONCONFORMING ACCESSORY USES AND ACCESSORY STRUCTURES; DIV. 2, SEC. V-201, INTENT, ; SEC. V-202, EXISTING NONCONFORMITIES PRESERVED, ; SEC. V-203, EMINENT DOMAIN, NO CREATION OF NEW NONCONPORMITIES; SEC. V-204, RELOCATING OF A BUILDING OR STRUCTURE, ; SEC. V-205, DESTRUCTION OF BUILDINGS OR STRUCTURES; SEC. V-206, FUTURE RIGHT-OF-WAY AND FIRE SAFETY REGULATIONS, ; ARTICLE VI, ZONE DISTRICTS; DIV. 4, OFFICE ZONE DISTRICTS; SEC. VI-403, DEVELOPMENT STANDARDS; DIV. 5, COMMERCIAL ZONE DISTRICTS; SEC. VI-503, DEVELOPMENT STANDARDS; ARTICLE II, DIV. 2, SEC. II-201, DEFINITIONS, i DIV. 6, PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS; SEC. VI-603, DEVELOPMENT STANDARDS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIV. 2, OFF-S STREET PARKING AND LOADING; SEC. VII-204, NUMBER OF PARKING SPACES REQUIRED AND BICYCLE STANDARDS; SEC. VII-206, OFF-STREET PARKING REQUIREMENTS IN SPECIFIC ZONE DISTRICTS; DIV. 9, SEC. VII-903, RESIDENTIAL ACCESSORY BUILDINGS AND STRUCTURES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF, ; ETC. (TITLE ONLY) (APPLICATION NO. 04-ZTA-01, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING WITH THE CHANGE IN ITEM 2 TO INCLUDE ALL LAND USE PETITIONS; REFERRED THE TESTIMONY BROUGHT BEFORE THE COMMISSION AND THE CONVERSATION AT THE TABLE TO STAFF AND THEN TO THE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) FOR CONSIDERATION AND A RECOMMENDATION BACK TO THE COMMISSION (AGENDA ITEM XIV-A-1) CD 6:11 through 7:24 Mayor Martin stated that proposed Ordinance Nos. 04-4538 and 04-4547 are to amend the Zoning Code (2002 Ed.) and pertain to the first cycle of Zoning Text Amendments 2004 as incorporated in Zoning Text Application No. 04-ZTA-01; opened the public hearing; and requested that Staff come forward. Michael Taylor, Deputy Director of Planning and Redevelopment, came before the Commission and stated that at its March 24, 2004, meeting, the Planning Board/Local Planning Agency (PBLP) conducted a public hearing concerning proposed Zoning Text Amendment Application No. 04-ZTA-01, First Cycle of 2004, which consists of 12 corrections to scriveners' errors and 11 other items which clarify or amend existing provisions of the Zoning Code (2002 Ed.) and recommended approval of all items; that at the April 19, 2004, Regular meeting, the Commission authorized advertising of all items; that each item is fully described in his March 1, 2004, memorandum to the PBLP, which is included in the Agenda backup material; that the PBLP found Zoning Text Amendment Application No. 04-ZTA-01 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), satisfies the Standards for BOOK 56 Page 27752 05/03/04 2:30 P.M. BOOK 56 Page 27753 05/03/04 2:30 P.M. Review in Section IV-1206, Zoning Code (2002 Ed.), and voted 5 to 0 to recommend approval by the Commission; that Staff recommends adoption of proposed Ordinance Nos. 04-4538 and 04-4547 on first reading. Mr. Taylor continued that the Zoning Text Amendments will be briefly discussed in summary form; that Item 1 includes the correction of 12 scriveners' errors and is incorporated in proposed Ordinance No. 04-4538; that Items 2 through 12 are incorporated in proposed Ordinance No. 04-4547; that Item 2 simply clarifies the requirement for the notice of public hearing to include a location map if required by Florida law; that a May 3, 2004, letter to the Commission from Jennifer Wilson, President, Sarasota Coalition of City Neighborhood Associations (CCNA), regarding Zoning Text Amendment Application No. 04-ZTA-01 requests a notification map be included in all notices of public hearing regardless of Florida law requirements; that the change can be made between first and second reading if the Commission desires; that Section IV-202(c), Notices and Public Hearings, Zoning Code (2002 Ed.), currently is as follows: The address of the property and a location map graphically portraying the location of the property if applicable. Mr. Taylor further stated that Staff is proposing to remove the phrase "if applicable" since the meaning of the phrase is not clear; that the intent is to clarify the phrase by adding the phrase "if required by Florida law" as follows: The address of the property and, if required by Florida law, a Location map graphically portraying the location of the property. Commissioner Palmer stated that the CCNA expressed concern regarding Item 2 and is concerned exact locations will not be identified if maps are not included in notices for public hearings; and asked for clarification regarding Item 2 and the State statutory requirements. Mr. Taylor stated that the requirements of the Florida Statutes have not been researched; that whenever possible, a location map can be included in every notice of public hearing regardless of the State statutory requirements if the Commission desires; that a site location is involved in most cases pertaining to rezonings, conditional uses, and site plan approvals which can clearly be mapped; that a City map can be included for some public hearings which are broadly applicable Citywide and do not have a specific site such as Zoning Text Amendments. City Auditor and Clerk Robinson stated that the Office of the City Auditor and Clerk distributes the notices for public hearings; that maps have always been included in notices pertaining to land use issues; that the intent is to continue including maps in the notices. Mr. Taylor stated that the intent is not to change the process but rather to provide clarification in the verbiage. Commissioner Palmer asked if the language can simply indicate maps and any requirements which are consistent with State law will be included? Mr. Taylor stated that the language can be changed to include a location map every time a public hearing is held. Commissioner Palmer stated that the concern of the neighborhood residents and others is to have a map provided if the public hearing involves a particular location. Mayor Martin stated that the current procedure is to provide a map if the public hearing involves a particular location; that the intent is to clarify the language. Mr. Taylor stated that an issue arose within the last year; that the specifics of the issue are not recalled; however, notification may not have been provided properly and a map may not have been included; that the intent of Item 2 is to provide more specific language as to the requirement to include maps in notices. Commissioner Palmer stated that concerns which have been heard are issues between the Sarasota Housing Authority (SHA) and the Bayou Oaks neighborhood; that SHA is responsible for providing notices regarding SHA propertyi that residents along 17th Street and Cocoanut Avenue were not made totally aware of the issues involving the neighborhoods with regard to the Downtown Mobility Study. Mr. Taylor stated that the City generally provides sufficient notice; that occasionally a map may not be included or is not correct; that the existing policy should continue; that the BOOK 56 Page 27754 05/03/04 2:30 P.M. BOOK 56 Page 27755 05/03/04 2:30 P.M. intent is to continue to include maps with notification whenever possible. Commissioner Palmer stated that the understanding is the intent is to continue to include maps with notifications but also to include as an addition in Section IV-202(c), Zoning Code (2002 Ed.), the phrase "if required by Florida law" to provide clarification. Mr. Taylor stated that the proposed change could be to remove the phrase "if applicable" and to indicate a map will be distributed with every notice of public hearing, if desired by the Commission; that the phrase "whenever possible" could also be added since including a map may not always be possible. City Attorney Taylor stated that the existing language is not clear regarding the requirement of including a location mapi that the Office of the City Auditor and Clerk distributes the notices with maps as a matter of course, which is fine; that the concern of the City Attorney's Office is to avoid violating the law if a legal requirement does not exist; that the attempt was to add a standard sO the City meets the statutory requirement and provides proper notice if required by State law; that specific language should be included if the intent is for being more stringent such as including a requirement for a map in all cases of land use amendments which are site specific. Commissioner Palmer stated that providing specific language is supported. Mr. Taylor stated that specific language can be included prior to the second public hearing which will be held at the June 7, 2004, Regular Commission meeting. Mayor Martin stated that hearing no objections, Staff will bring back specific language regarding maps for inclusion in Item 2, regarding Section IV-202 (c), Zoning Code (2002 Ed.). Mr. Taylor stated that Item 3 amends the regulations to require the Commission hold a public hearing prior to approving or denying any site plan in the Governmental Use (G) Zone District; that the Zoning Code (2002 Ed.) does not currently include the requirement, that Item 4 amends the regulations to tie the expiration of variances to the expiration of any associated site plan; that the Board of Adjustment made the recommendation and the PBLP supports the recommendation; that Item 5 amends the regulations to eliminate the requirement for the Historic Preservation Board Report to the Commission for Historic Designations; that the Historic Preservation Board made the recommendation and the PBLP supports the recommendation; that Item 6 clarifies the requirement for a nonconforming structure, a structure containing a noncontorming use, or noncontorming accessory use or accessory structure which is involuntarily or voluntarily demolished beyond 75 percent of its market value to meet existing standards of the Zoning Code (2002 Ed.); that a phrase added during the 2002 update to the Zoning Code caused the Director of Building, Zoning and Code Enforcement to interpret Sections V-104, Nonconforming Uses, V-105, Nonconforming Structures, and V-107, Nonconforming Accessory Uses and Accessory Structures, Zoning Code (2002 Ed.), to allow someone to voluntarily demolish a structure and rebuild the nonconforming structure and replace the noncontorming use or accessory use. Mr. Taylor continued that a May 3, 2004, letter to the Commission from Mark Hess was received regarding a request for revision to protect nonconforming residential density; that Mr. Hess owns multi-family property and resides in the Laurel Park neighborhood; that the letter is requesting Section V-105(E) (1), the Zoning Code (2002 Ed.), be amended to allow an expansion of an existing policy; that Section V-105 (E) (1) provides: any structure or structures on a single zoning lot, (under condominium ownership or cooperative long term leases) may be rebuilt after destruction to the prior extent of nonconformity as to height and density of units per acre regardless of the percentage of destruction Mr. Taylor further stated that the following change suggested by Mr. Hess would allow the replacement of any residential use regardless of ownership to its prior density and presumably height: any residential structure or structures on a single zoning lot, regardless of the form of ownership may be rebuilt after destruction to the prior extent of nonconformity as to height and density of units per acre regardless of the percentage of destruction Mr. Taylor stated further that the suggested change has not been advertised; that the Commission may choose to move forward with the suggested change aiter hearing from the public speakers; that the suggestion is the change should be advertised and heard BOOK 56 Page 27756 05/03/04 2:30 P.M. BOOK 56 Page 27757 05/03/04 2:30 P.M. as part of the next cycle of Zoning Text Amendments if desired; that Item 7 amends the regulations to allow nonconformities created as a result of a taking by the State on US 301 between Myrtle Avenue and US 41; that the intent is to allow nonconforming uses and operations of property owners to continue at the time US 301 is widened; that the Engineering Department supports Item 7; that Item 8 provides for adjustments to the maximum front yard setback requirements in office and commercial zone districts; that the intent is not to force someone to construct a building with the required setbacks on all four frontages; that some relief should be provided; however, a corner should be chosen as the most likely pedestrian frontage; that the City would ultimately decide the most appropriate corner for the building frontage; that the property owner would only be required to meet the setback requirements on two frontages if having three or more frontages; that Item 9 adds a definition for streetwall which is being included as part of the proposed City of Sarasota Downtown Code (Downtown Code); that the definition for streetwall is required sooner than finalization of the proposed Downtown Code to address an issue regarding the Publix store at Tenth Street and US 41; that Publix is including a loading area for trucks; that currently any portion of a building which fronts a road is required to have windows; that the Director of Planning and Redevelopment can adjust the window requirement for a building which is more than 20 feet back from the front yard setback if articulation will be included on the wall; that the articulation must be made on the building facade; that the intent of Item 9 is to allow a streetwall which is decorated rather than articulate the building; that Item 9 will provide. more flexibility. Mr. Taylor stated that Item 10 provides clarification as to variances which are prohibited from qualifying for the residential height bonus in the Commercial Residential District (CRD) Zone District; that the term adjustments" was used which caused confusion among Stafi; that Item 11 clarifies the first 3,000 square feet of floor area of medical offices in the Commercial Business Newtown (CBN) and Commercial Residential Transition (CRT) Zone Districts are not exempt from the minimum parking requirement for medical offices in Section VII-204 (B), Zoning Code (2002 Ed.); that the PBLP considered Item 12 as the only significant Zoning Text Amendment; that Item 12 prohibits the placement of caged swimming pools in the front yard facade of primary structures in single family Zone Districts; that an illustration is provided in Section VII-903, Residential Accessory Buildings and Structures, Zoning Code (2002 Ed.), at the request of the PBLP and is included in the Agenda back up material. Mr. Taylor continued that Staff recommends approval of Ordinance Nos. 04-4538 and 04-4547 on first reading; that any changes requested by the Commission can be made between first and second reading. Mayor Martin requested that the following interested persons come forward: Stephen Rees, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street, Suite 600 (34237), and Devon Rutkowski, 324 Julia Place, (34236).. Attorney Rees distributed his May 3, 2004, letter to the Mayor regarding changes to Article V, Vested Rights And Nonconformities, Division 1, Section V-104, Nonconforming Uses, Section V-105, Nonconforming Structures, and Section V-107, Nonconforming Accessory Uses and Accessory Structures, Zoning Code (2002 Ed.), included in Item 6 of Zoning Text Amendment Application No. 04-ZTA-01; and stated that he represents a property owner, Morrill Ventures, LLC, of which Mr. Rutkowski is the principle member; that his client strenuously objects to proposed zoning text amendments to Section V-104 (A) (6) and Section V-105(E), Zoning Code (2002 Ed.), involving voluntary destruction of nonconforming structures; that Mr. Rutkowski owns property in Laurel Park within the Residential Single Multiple 9 units per acre (RSM-9) Zone District at 1910 through 1920 Morrill Street; that the property is currently utilized as a multiple family dwelling structure; that the property has nonconforming uses and structures and is under the restrictive RSM-9 Zone District development standards; that the properties have been designated in the Mixed Residential Future Land Use Classification; that during the update of the Zoning Code, the then existing Zone Districts of Residential Multiple Family 2 (RMF-2), Residential Multiple Family 3 (RMF-3) and Residential Multiple Family 4 (RMF-4) Zone Districts were not conceptually consistent which is the reason the Commission considered and ultimately adopted the RSM-9 Zone District; that the problem with the RSM-9 Zone District is multiple family use is prohibited in the identification of permitted structures and minor conditional structures and uses. Attorney Rees continued that his letter includes a brief discussion of some salient excerpts from the existing Article V, BOOK 56 Page 27758 05/03/04 2:30 P.M. BOOK 56 Page 27759 05/03/04 2:30 P.M. Vested Rights and Non-Conformities, Zoning Code (2002 Ed.); and quoted Section V-101, General Purposes, Zoning Code (2002 Ed.) as follows: The intent of the vested rights provisions are to protect private property rights Attorney Rees further stated that protection of private property rights is the reason for coming before the Commission; that Section V-102 (A) Purpose, Applicability, Zoning Code (2002 Ed.), provides the following: the purpose of this Section is to regulate certain uses and structures established prior to the effective date of these regulations that do not coniorm to these regulations. Attorney Rees stated further that Section V-102(B), Zoning Code (2002 Ed.), identifies certain uses and structures which do not conform to the regulations but are deemed lawfully existing and therefore in contormity with these regulations are allowed to continue as a lawfully existing use or structure; that in the event such structure is involuntarily destroyed by any means, the structure may be reconstructed to the former footprint and scale existing immediately prior to the involuntary destruction; that the list of uses and structures does not presently include multiple dwelling structures in the RSM-9 Zone District; that similarly, Section V-105 (E), Zoning Code (2002 Ed.) provides any structure on a single zoning lot under condominium ownership or cooperative long term lease may be rebuilt after destruction to the prior extent of the nonconformity as to height and density of units per acre regardless of the percentage of destruction; that multiple dwelling structures used for rental purposes are not exempt from the 75 percent criterion; that the consequences of the proposed amendment are numerous and devastating and includes no identification of the affected: number of properties, structures, uses, zone districts, or dwelling units affected; - economic harm to property owners; economic loss to the City; or negative impact upon affordable housing. Attorney Rees stated that additionally, the negative consequences include: impairment of lender mortgaged property security; discriminatory treatment of rental multiple family dwellings; lack of an incentive to property owners to upgrade; and inconsistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) Attorney Rees stated that the proposed amendment is ill-advised, should not be adopted, and has not been properly studied; that the Commission should not rush to judgment; that property owners of the affected properties constitute substantially affected persons with a statutory right to initiate a request for administrative review; that well established principles of general law are recognized by the Florida courts indicating the Commission's action may constitute a taking by reason of the deprival of a protected grandfathered vested right. Attorney Rees continued that as an alternative, the uniqueness of Laurel Park mandates at least special consideration to exempt the residential multiple family structures from the impact of the sections regulating non-conforming uses and structures. Mr. Rutkowski referred to photographs of buildings at 1910 through 1920 Morrill Street and other existing buildings in Laurel Park displayed on the Chamber monitors; and stated that the buildings at 1910 through 1920 Morrill Street were constructed on two lots in the 1970s as a result of the 1974 Zoning Code update; that one building is an example of the absolutely worst type of building in the neighborhood; that the building has a windowless wall and faces Morrill Street; that the buildings are clearly suburban in nature and have no architectural merit; that the buildings have 11 units in place of the once existing two homes; that the Zoning Code (2002 Ed.) would only allow four homes or two duplexes on the property if the buildings were destroyed, causing the loss of seven dwelling units; that the properties were expensive; that 11 units exist on 20,000 square feet of ground; that one building could theoretically be saved through historic designation; that examples of housing types in the neighborhood include three BOOK 56 Page 27760 05/03/04 2:30 P.M. BOOK 56 Page 27761 05/03/04 2:30 P.M. units on 5,000 square feet, six units on 6,000 square feet, 12 units on 20,000 square feet, four units on 5,000 square feet, and eight units on 6,000 square feet; that a mix of housing types is appropriate in Laurel Park; that no incentive exists to improve his unattractive 11 unit building if the proposed amendment is adopted since seven units would be lost; that the personal economic impact as well as the loss of rental housing units in the City is major; and quoted the principles of new urbanism from the City of Sarasota Downtown Master Plan as follows: Neighborhoods should be compact, pedestrian friendly and mixed-use. Within neighborhoods; a broad range of housing types and price levels can bring people of diverse ages, races, and incomes into daily interactions, strengthening the personal and civic bonds essential to an authentic community. Mr. Rutkowski stated that untortunately, the only true permitted use in Laurel Park is single-family residential; that people owning rental property in Laurel Park are questioning the financial feasibility of renting the properties due to dramatic tax and insurance increases; that some feel the elimination of rental property specifically in the Downtown must be the objective; that an incentive should be provided to improve his noncontributing, non-historic buildings; that the proposed amendment is actually a disincentive. Mark Hess, 1825 Laurel Street (34236), distributed his May 3, 2004, letter to the Commission regarding proposed Ordinance No. 04-4547 and a revision to the Zoning Code (2002 Ed.) requested to protect nonconforming residential density; and stated that he is a member of the Laurel Park Neighborhood Association and is representing himself; that he is speaking regarding Item 6 and proposed Ordinance No. 04-4547 and is concerned about residential density; that he owns a noncontorming apartment complex in Laurel Park with nine dwelling units on slightly less than one half acre; that the RSM-9 Zone District would allow four homes on the property which means the loss of 5 dwelling units under the proposed amendment if the property is destroyed by more than 75 percent; that the potential loss of density is a concern; that he is also concerned since he is not alone; that many other properties in the City are similar; that nonconforming single residential density is a part of Laurel Park; that many apartment buildings have been constructed on relatively small sites which is true in the greater Downtown area as well as much of north Sarasota; that in many instances, the apartment buildings are noncontorming with respect to density; that much of the City's housing stock is potentially at risk unless an exception is made to the Zoning Code (2002 Ed.) similar to the exception currently provided for condominiums in Section V-105(E) (1), Zoning Code (2002 Ed.); that his letter includes some language which extends the exception for condominiums to all residential properties; that the Commission is urged to include the Language in any decisions relating to Item 6. Mr. Hess continuéd that the notification provided for proposed Ordinance No. 04-4547 was broad and adequately covered; that the Commission has the discretion to modify the proposed Ordinance; that Item 6 should be rejected if the language is not modified. Joel Freedman, 1515 Second Street (34236), and Andre Panet-Raymond Mr., Freedman stated that he is representing Andre and Marlene Panet-Raymond; that Mr. and Mrs. Panet-Raymond received the notice regarding proposed Ordinance No. 04-4547 and contacted him which is the reason for coming before the Commission; that Mr. and Mrs. Panet-Raymond own three duplexes in the Laurel Park neighborhood; that Mr. and Mrs. Panet-Raymond have a new babyi that purchasing the duplexes was part of the family's long term investment goal. Mr. Freedman referred to a site map of the Laurel Park neighborhood displayed on the Chamber monitors and stated that the three duplexes owned by Mr. and Mrs. Panet-Raymond are located at 1631 and 1639 Alderman Street and 1638 Devonshire Lane; that the duplexes were constructed in the 1970s; that the: first duplex was purchased in the mid 1990s; that only four units could be constructed if 75 percent of the building were lost; that the building presently has six units; that the units are rented at a modest rate; that the Laurel Park neighborhood consists of mixed housing stock which is a goal of the Cityi that the Laurel Park neighborhood is Close to the Downtown; that keeping some affordable housing in the neighborhood is necessary; that single family homes costing $600,000 will likely be built if the existing mixed housing stock is lost; that construction of $600,000 single family homes is a great redevelopment success story; however, maintaining affordable mixed housing stock sO close to the Downtown serves other goals BOOK 56 Page 27762 05/03/04 2:30 P.M. BOOK 56 Page 27763 05/03/04 2:30 P.M. which the Commission is attempting to achieve; that the recommendation is to either adopt the language suggested by Mr. Hess which was presented earlier and is to exempt all existing residential properties or not to approve Item 6. James Miller, 1637 Oak Street (34236), stated that he owns Spanish Oaks Apartments which is an historic townhouse building at the corner of Rawls Avenue and Oak Street; that the building consists of 24 rental units; that Item 6 is a concern since a replica could not be constructed if anything happened to the existing building; that the arguments presented by previous speakers are supported; that not having the ability to rebuild as many units and a similar building is a concerni that the situation is similar to having a sword hang over a property owner's head; that the Commission is urged to reject Item 6. Mayor Martin asked if the Spanish Oaks Apartments is historically designated? Mr. Miller stated yes. Barry Alexander, 1700 North Drive (34239), and stated that he has owned approximately 50 units in the Laurel Park area for approximately 20 years; that the buildings were rehabilitated many years ago; that the units are all rented at moderate rates; that the units are affordable; that the City is allowing construction of a significant number of condominiums which are rented at high rates; that the City needs affordable housing; that the existing affordable housing should remain. Mayor Martin asked the rental rate for the units? Mr. Alexander stated that the units are rented in the $500 to $600 range. Richard Bermann, 1630 through 1632 Devonshire Lane (34236), stated that he has not come prepared primarily as he was never made aware of the meeting; that exploring the reason he was not notified of the proposed changes will take place at a later date; that he became aware of the proposed changes earlier in the day; that he owns two buildings which are located at 1630 through 1632 and 1634 through 1636 Devonshire Lane; that the buildings are duplexes which are rented by nice, vocal, working class people; that the rent is approximately $595 to $625 per month; that he received a 63 percent tax increase for 2004 which makes his taxes $300 per month on top of his mortgage; that the reason for coming is to strongly urge the Commission to review the situation and consider the fact affordable housing in the Downtown is necessary; that the suggestions of previous speakers should be considered. There was no one else signed up to speak. Mayor Martin stated that clearly the focus is with regard to proper notification and Item 6; and requested that Mr. Taylor come forward. Mr. Taylor stated that everyone has been properly notified; that the requirement is to place a public notice in the newspaper and to hold two public hearings; that notifying individual property Owners is an admirable goal; however, notifying 20,000 property owners within the City in the case of a rezoning is logistically a difficult task and is not required by State law, which is the reason for placing the public notice in the newspaper and holding public hearings; that at the time the Zoning Code (2002 Ed.) was adopted, a change was made from 50 percent of assessed value for a noncontorming structure or use to 75 percent of market value with the express intent of ensuring the existing property rights were preserved and protected as much as possible; that the intent and purpose of the regulation all to achieve conformity to new structures and uses at some point which is the reason for writing new regulations; that the provision of 75 percent of market value is very permissive; that more permissive provisions in other jurisdictions have not been seen; that Staff can review the suggestion of allowing all residential structures regardless of ownership to rebuild to the preexisting density; that prior to the update of the Zoning Code (2002 Ed.), the regulation applied equally to both involuntary and voluntary destruction of a nonconforming use or structure; that the wording of the current regulations prohibits an owner from rebuilding a nonconforming structure or use destroyed beyond 75 percent of its market value if destroyed by a natural event such as fire; however, if the owner voluntarily destroys the structure beyond 75 percent of its market value the nonconformity could be rebuilt; that the provision is inequitable and should be amended to apply equally to involuntary and voluntary destruction of a nonconforming structure or use; that Staff can review the inclusion of all residential structures regardless of ownership as suggested by Mr. Hess and other speakers if the Commission wishes; that the change can be made as part of the next cycle of the Zoning Text Amendments; that Staff will ensure as many people as possible are notified since many people living in Laurel Park may be in BOOK 56 Page 27764 05/03/04 2:30 P.M. BOOK 56 Page 27765 05/03/04 2:30 P.M. opposition to the suggested change; that the change should be properly advertised. Commissioner Bilyeu asked for clarification regarding the 75 percent replacement regulation? Mr. Taylor stated that originally the regulation was the structure could be replaced with existing nonconformities if 50 percent of assessed value of the structure is destroyed; that the regulation at this time is 75 percent of market value; that the Zoning Code (2002 Ed.) allows the property owner to come forward with an appraiser's assessment of the property to determine market value; that the Director of Building, Zoning, and Code Enforcement is required to accept the appraiser's assessment if presented by the property owner; that the Director of Building, Zoning, and Code Enforcement can determine market value through whatever means appropriate if an appraiser's assessment is not brought forth by the property owner. Commissioner Bilyeu asked for Clarification regarding possible repercussions if Item 6 is not adopted? Mr. Taylor stated that provisions concerning noncontorming uses have been in place for approximately two years; that significant repercussions are not likely if the City does or does not take action regarding Item 6 at this time; that nonresidential uses and nonresidential structures as well as noncontorming residential uses are included in the existing provisions which have implications; that Staff is recommending the change move forward; that Staff can make the change suggested by Mr. Hess and other speakers if the Commission prefers to exempt residential structures from the density provision regardless of ownership; that Staff's recommendation would then be to include the change in the next cycle of Zoning Text Amendments and advertise the change with the specific amendment; that Staff does not object to making the change especially since condominiums are included in the regulation; that the reason for adopting new regulations is the intent of the Commission was to have a certain threshold which would require a noncontorming use or structure to meet the new requirements of the Zoning Code (2002 Ed.). Commissioner Bilyeu asked the reason for adopting new regulations. Mr. Taylor stated that the reason new regulations are adopted is to move the City forward in the direction chosen by the Commission; that the Commission adopted new regulations for Laurel Park, specifically the RSM-9 Zone District; that new regulations are adopted for other neighborhoods as well; that the presumption is new regulations are adopted to make the City a better place; that the desire is for people to meet the new regulations at some point; that the speed by which and threshold at which people meet the new regulations is an individual community decision; that people should be able to rehabilitate and remodel noncontorming uses to avoid disrepair; that the goal is at some point for the nonconforming uses and structures to comply with new regulations; that allowing rebuilding of a nonconforming structure or use destroyed at 75 percent or less of market value is considered a permissive standard. Commissioner Palmer stated that the change pertains to a voluntary destruction less than 75 percent and allowing a rebuild to existing density. Mr. Taylor stated that the manner in which Item 6 is being interpreted is not the intent; that the 75 percent threshold only applies is if destruction is through a natural disaster such as fire or a storm; that the proposal is to delete the phrase "by fire or other causes beyond control of the owner", Zoning Code (2002 Ed.) in Sections V-104, V-105, and V-107; that the Director of Building, Zoning and Code Enforcement has indicated removing the phrase will enable him to interpret the sections to include either voluntary or involuntary means of destruction. Commissioner Palmer stated that the current requirements do not cover the buildings subject to the discussion at this time; that the rental units are not included whether or not the Commission approves Item 6. Mr. Taylor stated that is correct. Commissioner Palmer stated that any change made at this time will not affect the buildings subject to the discussion at this time; that adding residential structures regardless of ownership will require additional action; and asked for further clarification regarding approval of Item 6 and changes necessary if the suggested language to add residential structures regardless of ownership is approved. Mr. Taylor stated that Item 6 clarifies the requirement for a nonconforming structure, a structure containing a noncontorming use, or nonconforming accessory use or accessory structure which BOOK 56 Page 27766 05/03/04 2:30 P.M. BOOK 56 Page 27767 05/03/04 2:30 P.M. is involuntarily or voluntarily demolished beyond 75 percent of its market value to meet existing Zoning Code (2002 Ed.) standards, which was the intent; that the provision was more permissive prior to 2002; that the phrase "by fire or other causes beyond control of the owner" was added in 2002 with the intent to clarify but actually created a problem which is the reason for bringing the correction forward; that the phrase was not in the Zoning Code prior to 2002. Commissioner Palmer stated that certain buildings are exempt and can build back to 100 percent. Mr. Taylor stated that is correct; that the language is included in another section of the Zoning Code (2002 Ed.); that Mr. Hess is proposing to change the language to include all residential buildings; that including residential uses in the provision would allow rebuilding any to its prior height and density; that another section of the Zoning Code (2002 Ed.) addresses height by special exception. Commissioner Palmer stated that the exemptions and special exception provisions currently only apply to condominiums and single-family homes; that the request is to expand the exemptions and special exception provisions to include rental residential units. Mr. Taylor stated that the suggestion is to consider Mr. Hess' language which simply indicates "residential" and addresses all types of residential use whether owned or rented; that all residential use would be exempted from meeting the density requirements under any circumstance; that all residential uses could be allowed to rebuild even if 100 percent destroyed. Mayor Martin asked if a property which is historically designated is treated differently? Mr. Taylor stated no. Commissioner Atkins stated that listening to the concerns of the citizens who have come forward is important; that workforce and affordable housing is considered paramount; that units are still being rented in Laurel Park for $500 and $600 per month which is applauded; that protecting the interest of the owners of the properties who are renting units at a reasonable rate is supported; that the goal is to ensure the owners of the rental properties continue to be fair. Commissioner Bilyeu stated that the understanding is a condominium of 9 units would be exempt but an apartment building of 9 units would not be exempt. Mr. Taylor stated that is correct. Commissioner Bilyeu stated that workforce housing should not be located only in one area; that workforce housing should be intermingled throughout the community; that Laurel Park is a good example and is the only urban neighborhood in the City with the exception of the Downtown core; that people are living in $600,000 homes and other people are renting units for $600 per month in Laurel Park; that the situation is working; that changing the situation is not supported. Mr. Taylor stated that Staff is not opposed to allowing the provision suggested by Mr. Hess to include all residential structures regardless of ownership; however, the change will allow people to completely demolish existing apartment houses, including historically designated buildings or buildings which are attractive, and replace the buildings with new structures; that the new structures could cost more money; that people will be allowed to replace old buildings with new structures without a penalty for losing any density; that the opposite of the desires of the Commission may occur. Commissioner Bilyeu stated that an increase in property tax would result which is not considered a problem. City Manager McNees stated that the issue has become clouded; that the objectives of the Commission should be clarified; that the original objective from the Zoning Code (2002 Ed.) is ultimately to bring all the properties within Laurel Park into conformance with the desires of the Commission and the neighborhood regarding rules concerning density, etc., which is the reason for creating the RSM-9 Zone District; that the issue of nonconforming uses is important since the Commission had an objective ultimately to move from the old to the new over time; that the Commission has the ability to grant density bonuses; that additional density could be provided if a developer includes a certain number of units in a building which does not conform if the units are made affordable; that the issue should not be confused; that the Commission is not receiving a guarantee the units will remain affordable by allowing structures to be rebuilt; that Staff is indicating the units will likely not remain affordable if reconstructed; that a program could be developed in which additional density and BOOK 56 Page 27768 05/03/04 2:30 P.M. BOOK 56 Page 27769 05/03/04 2:30 P.M. noncontormance with the existing Zoning Code (2002 Ed.) could be provided if the units remain affordable. Mr. Taylor stated that an incentive will be provided for property owners to redevelop with more density. Mayor Martin stated that the speakers have presented valid points which the Commission should consider; however, the reason for bringing the suggestions into the decision being made at this time is not seen; that doing sO would cause substantial change; that the points raised by the speakers have provided a significant amount of thought; that moving forward with regard to providing incentives and funding for affordable housing is a good idea; that substantial changes cannot be made at this time; and asked for legal guidance. City Attorney Taylor stated that the views expressed by Mayor Martin are correct; that the proposal to include all residential structures regardless of ownership is a change of standard far beyond the original intent of Item 6; that the proposal has not been advertised or brought before the PBLP. City Manager McNees stated that he is not proposing the City begin to write an affordable housing requirement into the Zoning Code (2002 Ed.); that the suggestion is not to confuse the issue of vested rights and nonconformities with the provision of affordable housing. Mayor Martin stated that many similar issues came forward during adoption of the RSM-9 Zone District; that the decision was not easy for the Commission at the time; that the Commission decided not to address concerns of noncontormance at the time. Mr. Taylor stated that the Commission did address the nonconforming concerns by changing from the standard of 50 percent of assessed value to 75 percent of market value; that the only glitch is people who voluntarily destroy buildings were inadvertently exempted. Mayor Martin stated that a further incentive was provided by allowing accessory units. Mr. Taylor stated that the goals of the speakers are admirable; however, the effect of the decision may not be creating the preservation of existing housing stock; that the neighborhood may be gentrified which is not a bad goal but is a different goal than trying to preserve the existing structures and housing stock. Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4538 by title only. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 04-4538 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4547 by title only. On motion of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 04-4547 on first reading with a change in Item 2 to include all land use applications and with the deletion of Item 6. Motion died for lack of a second. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 04-4547 on first reading with the change in Item 2 to include all land use applications. Commissioner Palmer stated that the concerns raised by the speakers are of personal interest; however, consideration at this time is not appropriate due to the significant change involved; that the suggested language to include all residential structures regardless of ownership should be considered by Stafi and the PBLP; that additional information regarding the implications should be brought back to the Commission. Commissioner Atkins stated that the point raised by Staff indicating the Commission could be making the wrong decision by having good intentions is appreciated; that doing the right thing is important, which is the reason for supporting the motion. Mayor Martin called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 1): Martin, yes; Palmer, yes; Atkins, yes; Bilyeu, no. BOOK 56 Page 27770 05/03/04 2:30 P.M. BOOK 56 Page 27771 05/03/04 2:30 P.M. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to refer the implications of Item 6 to Staff and the Planning Board/Local Planning Agency (PBLP) for consideration and a recommendation back to the Commission. Commissioner Atkins stated that all the conversation, including recommendations and suggestions of Staff and the Administration, should be considered and incorporated in the recommendation which will be brought back to the Commission. Commissioner Palmer as maker of the motion agreed. Commissioner Bilyeu stated that the intent of his motion was to delete Item 6 sO the implications could be studied; that proposed Ordinance No. 04-4547 has been passed on first reading; however, the motion on the table is for Item 6 to receive further study; and asked for clarification regarding the procedure. Mayor Martin stated that the motion on the table is to refer the testimony brought before the Commission and the Commission's discussion back to Staff and then to the PBLP for consideration and recommendation back to the Commission as to the manner in which the concerns raised can be addressed in a future Zoning Text Amendment. Commissioner Palmer as maker of the motion agreed. Mayor Martin called for a vote on the motion to refer the implications of Item 6 including all the Commission conversation, recommendations and suggestions of Staff and the Administration to Staff and the Planning Board/Local Planning Agency (PBLP) for consideration and incorporation in a recommendation back to the Commission as to the manner in which the concerns raised can be addressed in a future Zoning Text Amendment. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. 19. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 7:24 There was no one signed up to speak. 20. NEW BUSINESS: APPROVAL RE: : SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 04-4534, CREATING THE CITY OF SARASOTA AFFORDABLE HOUSING TRUST FUND; STATING THE PURPOSES FOR WHICH MONIES IN THE AFFORDABLE HOUSING TRUST FUND MAY BE EXPENDED AND THE MANNER IN WHICH EXPENDITURES FROM THE FUND SHALL BE AUTHORIZED; PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID ; ETC. APPROVED AND DIRECTED STAFF TO BRING BACK LANGUAGE REGARDING QUALIFICATIONS OF THE PERSPECTIVE OCCUPANTS AND TO INCLUDE CONSIDERATION OF ALL THE COMMISSION'S DISCUSSION (AGENDA ITEM XVII-1) CD 7:24 through 7:57 Mayor Martin stated that the item is to set for public hearing proposed Ordinance No. 04-4534, creating the City of Sarasota Affordable Housing Trust Fund; and requested that Staff come forward. Robert Fournier, Attorney, City Attorney's Office, came before the Commission; and stated that the Commission directed the preparation of proposed Ordinance No. 04-4534 at the second public hearing regarding the Downtown Residential Overlay District (DROD) Ordinance held at the January 20, 2004, Regular Commission meeting; that a developer approved for increased density under the DROD Ordinance is required to contribute a sum into the Affordable Housing Trust Fund for each unit over the number of units the parcel would have supported at the maximum dwelling unit density of 50 units per acre; that the fund was not been created at the time the DROD Ordinance was adopted; that proposed Ordinance No. 04-4534 authorizes the creation of the fund; that the fund does not have any money paid in at this time; that money will be paid into the fund prior to the time developers are issued Certificates of Occupancy; that proposed Ordinance No. 04-4534 is being introduced sO the Commission may become familiar with the content and resolve any questions prior to first reading and a public hearing. Attorney Fournier continued that proposed Ordinance No. 04-4534 authorizes expenditures from the fund; that the money will remain in the fund awaiting use for purposes of supplying affordable housing within the City at the discretion of the Commission; that the funds can be used on a Citywide basis and are not restricted to the DROD or the Community Redevelopment Area; that defining the elusive concept of affordable housing for purposes of the proposed Ordinance is necessary; that the emphasis should be on the cost of the housing; that a generally accepted definition for affordable housing seen often in BOOK 56 Page 27772 05/03/04 2:30 P.M. BOOK 56 Page 27773 05/03/04 2:30 P.M. publications is housing which does not cost more than 30 percent of the annual net income of the household, which is difficult to administer, since examining a person's income records is required; that using a definition which discusses the type of housing unit affordable without any references to the income of the perspective occupant of the units is suggested. Attorney Fournier continued that the 2000 US Census data was used; and quoted Section 2(a) of proposed Ordinance No. 04-4534 which includes a definition for affordable housing as follows: A dwelling unit shall be considered affordable housing" for purposes of this ordinance if it has a fair market value which is less than the median value of an owner occupied home in the City of Sarasota according to the latest available US Census data. Attorney Fournier referred to his April 26, 2004, memorandum to the Commission regarding introduction of proposed Ordinance No. 04-4534, Affordable Housing Trust Fund, included in the Agenda backup material; and further stated that the memorandum indicates the median home value for the City according to the 2000 US Census data is $96,000; that $96,000 would be the number which would apply to the proposed Ordinance; that the following median home values are also included in the memorandum: US $119,600 - Florida $105,500 Sarasota County $122,000 Attorney Eournier stated further that the memorandum also indicates alternatives to using US census data which are to: 1) simply incorporate a maximum dollar value for an affordable home which the Commission considers reasonable or 2) allow the Commission to make the determination of "affordable" on a case by case basis as expenditures are made from the fund; that making a determination on a case by case basis could become cumbersome; that using a maximum dollar value is considered a simpler method. Mayor Martin asked if Donald Hadsell, Director of Housing and Community Development, was consulted? Attorney Fournier stated yesi that Mr. Hadsell could provide Countywide data but no data specific to the Cityi that the 1990 US Census asked the owners' estimated value of homes; that the data in the 2000 US Census may not be quite as reliable since everyone was not asked the question, which creates a margin for error; that $96,000 is at least an official figure which can be referenced to the 2000 US Census which is considered a reasonable benchmark but is at the discretion of the Commission. Commissioner Palmer stated that the Affordable Housing Trust Fund will be in effect for quite some time; that having a number which could inflate rather than a static number is preferred; that having to change the number each year would be problematic. Attorney Fournier stated that the idea is good; that Section 2(a) of the proposed Ordinance indicates laccording to the latest available US Census data"; however, US Census data is only available every ten years; that the University of Florida Bureau of Economic and Business Research (BEBR) perform many updates and estimates and publish periodically; that BEBR may have data which could be used; that using a figure believed reasonable and changing the figure from time to time is suggested if the BEBR data is only available every ten years; that tying the figure to some formula requires someone to keep track of required updates, which could be done by BEBR; that more information will be requested from BEBR prior to setting proposed Ordinance No. 04-4534 for public hearing. Commissioner Palmer stated that including a particular number and coming back to change the number time after time is considered a problem; that the numbers will go up or down; that an automatic adjustment is necessary. Commissioner Atkins stated that $96,000 is consider high for workforce housing based on the hourly amount earned by people working in the City and County; that affordability is still inflated based on the paper income of Sarasota; that $96,000 is not considered reasonable based upon the amount people are paid in the City; that the number should be closer to personal income rather than property values; that property values are skewed based on the illusion in Sarasota which is everyone is doing fine. Mayor Martin stated that the views expressed by Commissioner Atkins are interesting; that the salary necessary to afford a home costing $96,000 is $32,000, which eliminates a significant number of people; that philosophical aspects of the Affordable Housing Trust Fund have not been specifically discussed; that BOOK 56 Page 27774 05/03/04 2:30 P.M. BOOK 56 Page 27775 05/03/04 2:30 P.M. affordable housing could be in the form of smaller units; that kind and size of housing could be a factor. Commissioner Palmer stated that anyone earning $1 or $2 million could purchase a $96,000 home since requirements for the purchasers are not addressed; that language regarding buyer qualification should be included in the proposed Ordinance; that the people who are eligible to purchase housing which is partially or fully funded through the Affordable Housing Trust Fund should be qualified; that Mr. Hadsell can assist; that the housing should go to people truly having the need; that the name of the trust fund should be addressed as well; that Lee wetherington, a local developer, raised an interesting point at the Economic Development Board meeting which was attended earlier in the day; that the sales price of the units should not increase more than a certain percentage per year if the government will be providing density increases or land or funds to offset land costs; that the sales price should not increase more than three percent to keep the housing affordable; that an agreement should be reached with either the developer or the person purchasing the home; that the idea is being raised to keep the units affordable. Attorney Fournier stated that the proposed Ordinance is creating a fund which will exist with some money; that the amount of money which will be in the fund is not certain; that the Commission can use the money in the fund for affordable housing in any circumstances deemed appropriate by the Commission; that some language could be added to facilitate the administration of the fund; that including language which is too complicated to administer was not the objective of the proposed Ordinance; that the decision to spend the money in the fund would be at the Commission's discretion. Commissioner Palmer referred to Section 3, Expenditure of Funds, of proposed Ordinance No. 04-4534; and stated that the purposes listed for expenditure of funds are fine; and asked the manner in which to ensure the funds will go to people truly needing workforce housing? Attorney Fournier stated that one possibility is to make an ad hoc determination each time an expenditure is authorized from the fund; that another possibility is to add language to the proposed Ordinance which indicates the fund is intended to benefit low-income, moderate-income, or extremely low-income families or individuals; that typically, a reference point is required which is the reason for using the purchase price of $96,000; that supposedly, half of all the housing stock in the City would cost less than $96,000 and half would cost more than $96,000; that $96,000 is a ceiling; that funds could be expended to provide housing costing considerably less than $96,000; that the ceiling can be set lower if desired by the Commission. Commissioner Bilyeu stated that the proposed Ordinance enacts the Affordable Housing Trust Fund; that the Commission will decide who will receive money from the fund; that the purposes for expenditure of funds indicated in Section 3, Expenditure of Funds, of proposed Ordinance No. 04-4534, indicate a majority of the money will go toward rehabilitation, maintenance, or repair of existing affordable housing stock in the City. Attorney Fournier stated that the main purpose of the proposed Ordinance is to authorize creation of the fund and to set parameters for certain types of expenditures for which the funds can be utilized; that generally speaking, funds will be utilized for affordable housing; however, the proposed Ordinance is more specific; that the definition of affordable housing is included in Section 2(a) of proposed Ordinance No. 04-4534; that $96,000 as the purchase price is not included in the proposed Ordinance but could be added. Commissioner Bilyeu stated that Mr. Hadsell has indicated affordable housing could be up to $145,000; that the threshold was recently raised. Attorney Fournier stated that the median home value for the County is higher than the City according to the 2000 US Census data; that current comparable data for the County could not be identified. City Manager McNees stated that values for housing which must be followed by the Office of Housing and Community Development are prescribed by either the Federal or State programming administered and is based on median income in Sarasota County; that the Commission has the opportunity to decide specifically the strata of the housing market desired to serve; that the Commission is not required to follow Federal guidelines or the requirements of Federal Grants or State Loans. Attorney Fournier stated that the Affordable Housing Trust Eund is envisioned as a separate City fund. BOOK 56 Page 27776 05/03/04 2:30 P.M. BOOK 56 Page 27777 05/03/04 2:30 P.M. Commissioner Palmer stated that the amount should be realistic as to how high the Commission may need to go. Attorney Fournier stated that the median family income in Sarasota County was discussed during consideration of the DROD Ordinance; that most of the definitions used indicate extremely low-income is 30 percent of the median or below; that low-income is 30 to 50 percent of the median or below; that moderate-income is 50 to 80 percent of the median. Mayor Martin stated that the recommendation for the Commission to make the determination on a case by case basis is good; that a significant amount of housing incentive funds available are based on income or price of unit; that developers should be encouraged to bring forth great new ideas such as smaller units or townhouse units; that the City could then fund the project through the Affordable Housing Trust Fund perhaps on an annual or semi-annual basis; that creative ideas should be encouraged; that the Affordable Housing Trust Fund could act as an incentive for new ideas. Attorney Fournier stated that the proposed Ordinance is a preliminary draft; that the intent was to bring the proposed Ordinance before the Commission prior to the public hearing sO the Commission could gain an understanding. Mayor Martin stated that bringing a preliminary draft forward is a good idea; that on a case-Dy-case basis, the Commission would make a determination regarding the type of housing acceptable rather than the type of housing which is affordable. Attorney Fournier referred to Section 5, Approval of Expenditures, of proposed Ordinance No. 04-4534 as follows: All expenditures of funds from the City of Sarasota Affordable Housing Trust Fund shall be authorized by the City Commission Attorney Fournier stated that a developer would come before the Commission, explain the type of project desired, and seek authorization for using monies from the fund; that Section 3(a) through (h), Expenditure of Funds, of proposed Ordinance No. 04-4034, lists the purposes for which the funds can be expended; that affordable housing is indicated as the main purpose, which is the reason for providing a simple definition for affordable housing; that a maximum ceiling on the cost of the units is likely the least burdensome to administer and the easiest to comprehend; that authorization for expenditures for housing which is at the maximum purchase price is not necessary; that the ceiling is considered a maximum. Mayor Martin stated that a ceiling as well as discretion concerning projects brought forth may be appropriate. Commissioner Bilyeu stated that the City needs workforce housing; that the City does not have control over the cost of bricks and mortar; that in two years the average person will likely not be able to purchase a house in Sarasota for $96,000; that not allowing a person to make the same profit on a home received with funds through the Affordable Housing Trust Eund than others owning property in the City will be difficult; that establishing the ceiling at $96,000 is fine; however, building a $100,000 home in the City will become increasingly difficult; that the price of land is expensive. Attorney Fournier stated that prices are constantly increasing. Commissioner Atkins stated that the increasing costs to construct homes is the reason for establishing the Affordable Housing Trust Fund; that providing good wages in the next two years for people to afford a $100,000 home cannot be guaranteed; that people living in the City, which is expensive, should have an opportunity to afford a house; that the City should try to provide an opportunity for people with low incomes to afford a house; that otherwise, a question is where will the people with low incomes live; that the Commission should take the opportunity to capture any person who can afford a house based on the salaries earned in the City and County; that an opportunity should be provided to live in Sarasota; that many people struggle to live in Sarasota, including himself. Commissioner Palmer stated that during the afternoon session a speaker indicated approximately 40 percent of the cost of housing goes toward governmental restrictions, land, permitting and building code requirements, impact fees, etc.; that the ability to purchase land or perhaps even to supplement the impact or development fees should be available to reduce the cost. Attorney Fournier stated that Section 3(h), Expenditure of Funds, of proposed Ordinance No. 04-4534, as follows, would authorize expenditure of funds for such fees: BOOK 56 Page 27778 05/03/04 2:30 P.M. BOOK 56 Page 27779 05/03/04 2:30 P.M. Any other purposes related to the provision of affordable housing in the City, including administrative expenses, which are specifically authorized by the City Commission. Attorney Fournier stated that significant room for creativity is available; that a local church or civic group may desire to rehabilitate a home which has a fair market value of under $100,000 to bring the home up to current requirements; that $15,000 or $20,000 may be necessary which the Commission could perhaps authorize from the fund; that a nonprofit community group building affordable homes may request monies from the fund to purchase a lot. Commission Palmer stated that the City acquires lots through tax liens; that the lots are turned over to nonprofit housing groups; that the monies from the Affordable Housing Trust Fund must be made available to people needing the money and not to people desiring to purchase a home simply due to the low price; that the proposed Ordinance should include a requirement for participant qualification; that the person finally receiving the monies or assistance must be qualified in some manner. Attorney Fournier stated that some general language can be added which would enable the Commission to withhold authorization for an expenditure if specific criteria such as income is not met; that the language added will not impose a major administrative burden on Staff but will further explain the purpose of the fund. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to set for public hearing proposed Ordinance No. 04-4534, creating the City of Sarasota Affordable Housing Trust Fund. Commissioner Bilyeu asked if a ceiling amount should be included at this time? Attorney Fournier stated that the definition of affordable housing in Section 2, Definitions, of proposed Ordinance No. 04-4534 will remain as written unless the Commission authorizes a change; that $96,000 is the ceiling; that a Commission suggestion was to include language regarding qualifications of the prospective occupants. Commissioner Bilyeu stated that including language regarding qualifications of the prospective occupants is important. Commissioner Palmer stated that some buyer or participant qualifications should be incorporated. Commissioner Atkins stated that as the seconder of the motion, the intent is to take into consideration the discussion at the table; that the language should be evaluated prior to the public hearing. Commissioner Bilyeu as the maker of the motion agreed. Attorney Fournier stated that the most objective manner would be to add language indicating expenditures from the fund are intended to assist moderate, low, and extremely low income residents obtain housing; that the level of income would be defined in the proposed Ordinance as a percentage of either the County or the City median; that the figures will be brought back to the Commission. Mayor Martin asked if owner occupancy should be one of the qualifications? Commissioner Atkins, Bilyeu, and Palmer stated yes. Mayor Martin stated that the hope is the discussion has been enlightening and provided guidance to Staff; and asked if the motion is clear? Attorney Fournier stated that the necessary modifications are understood. Mayor Martin stated that the proposed Ordinance will be further addressed at the public hearing, if necessary; and asked if changing the maximum allowable value of the housing at the public hearing would be considered a minor change? Attorney Fournier stated that changing the maximum allowable value of the housing at the public hearing would be considered minor and would not make a difference in advertising the proposed Ordinance. Commissioner Bilyeu stated that as the maker of the motion, moving the proposed Ordinance forward is supported since ordinances can always be amended; that having the discussion was pleasing. BOOK 56 Page 27780 05/03/04 2:30 P.M. BOOK 56 Page 27781 05/03/04 2:30 P.M. Mayor Martin called for a vote on the motion to set for public hearing proposed Ordinance No. 04-4534, creating the City of Sarasota Affordable Housing Trust Fund, and for Staff to bring back language regarding qualifications of the perspective occupants and to include consideration of all the Commission's discussion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yesi Martin, yes. Mayor Martin requested the consensus of the Commission to hear Agenda Item XVII-5 at this time since representatives from the Ringling School of Art and Design are present in the Chambers audience. Commissioners Atkins, Bilyeu, and Palmer agreed. The Commission recessed at 7:58 and reconvened at 8:05. 21. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: : BAYFRONT MULTI-USE RECREATIONAL TRAIL LOGO DESIGN AND WAYFINDING/DIRECTIONAL SIGNAGE DESIGN SELECTED LOGO OPTION A, SARASOTA RECREATIONAL TRAIL, AND WAYFINDING/DIRECTIONAL SIGNAGE DESIGN 1 WITH COLOR (AGENDA ITEM XVII-5) CD 8:05 through 8:43 Mayor Martin stated that a presentation will be provided regarding the selection of a Bayfront Multi-Use Recreational Trail (MURT) logo design and wayfinding/directional signage design; and requested that Staff come forward. Alexandrea Davis-Shaw, Deputy Director of Engineering/Deputy City Engineer, Ryan Meis, student, and Jennifer Mumford, Director, Design Center, Ringling School of Art and Design, came before the Commission. Ms. Davis-Shaw referred to a map indicating segments of the MURT displayed on the Chamber monitors; and stated that a variety of options for the Bayiront MURT logo and aymaing/directiona signage design will be provided; that first, a brief overview of the Bayfront MURT will be provided; that the City has been working to develop a design and obtain grant funding for a Bayfront MURT for quite some time; that the MURT will begin to the south at Mary Selby Botanical Gardens and will travel along the Bay through Bayfront Park, past the Ritz Carlton Hotel and Condominiums, continue briefly along US 41, north toward the Gulfcoast Wonder & Imagination Zone (G.WIZ), the Van Wezel Performing Arts Hall (VWPAH), and Centennial Park; that at Centennial Park the MURT will travel east on Tenth Street and will then change from a separate MURT to a combination of sidewalk and bicycle lanes which will travel east on Tenth Street to Cocoanut Avenue, north on Cocoanut Avenue to Dr. Martin Luther King Jr. Way (Dr. MLK Way) and will then turn west, cross US 41 to Indian Beach, and travel north on Bayshore Drive extending out to New College. Ms. Davis-Shaw continued that due to the distance and the variety of turns, having easily recognizable logos and wayfinding signage is important; that logos and wayfinding signage are important to the overall MURT design and concept; that a public meeting was held on March 24, 2004, to receive public input; that options for logos and wayfinding signage were sent to all the neighborhood associations and all City Staff; that the recommendations and preferences are indicated in the Agenda backup material. Ms. Mumford stated that she is pleased to represent Ringling School of Art and Design and the Design Center; that the Design Center is a fourth year internship program at Ringling School of Art and Design; that work has been conducted with over 50 nonprofit organizations in the community; that design services have been provided free of charge; that free design services help organizations give back to the community; that Ringling School of Art and Design students have the opportunity to have some beautifully designed and printed pieces for portfolios upon graduation, work with clients, and make presentations; that work began on the project with WilsonMiller, Inc., and the City approximately one year agoi that Ryan Meis is a student and is an upcoming senior at the Ringling School of Art and Design; that Mr. Meis has developed five MURT logo designs as well as different wayfinding/Airectional signage designs. Mr. Meis referred to the five MURT logo designs and two designs for vyfinding/Airectional signage for the proposed MURT, displayed on the Chamber monitors throughout the presentation; and stated that coming before the Commission is a pleasure; that he has been working on the project for approximately one year and will be presenting five MURT logo designs as well as wayfinding/Airectional signage for the proposed MURT; that Logo Option A, Sarasota Recreational Trail, was designed with a prominent "S" figure in the middle representing the MURT path itself and the City; that the colors green and blue represent BOOK 56 Page 27782 05/03/04 2:30 P.M. BOOK 56 Page 27783 05/03/04 2:30 P.M. land and water; that the modern sans serif type face was used to enforce legibility from a distance; that Logo Option B, Bayfront Trail, displays a nautilus shell as the center point of the logo; that the nautilus shell refers to the tropical beaches of the area and contains a form similar to a pathway traveling to the center point of the shell; that the blue color represents the waters of Sarasota and the salmon color was derived from a color study of numerous shells from Florida; that the modern sans serif type face was also used to enforce legibility from a distance. Mr. Meis continued that Logo Option C, Sarasota Bayfront Recreation Trail, is comprised of a literal translation of a path traveling next to a body of water; that the logo is obvious and readable; that the color green refers to the lush land of the Sarasota Bay area and the blue represents the beautiful water off Sarasota's coast; that the type face Helvetica is a strong and classic sans serif type face used in signage throughout the country and world; that the logo would be legible and classyi that Logo Option D, Bayfront Trail, uses a clam shell to refer to the beaches of Sarasota and also ties in with the existing Clam shell form which can be seen about the Marina Jack area and Island Park; that a Classic serif type face was chosen for the elegance and history of the City; that black and white was chosen as a classic color scheme; however, different colors are an option; that Logo Option E, Bayfront Trail, includes the letter "B" which represents a group of interweaving paths along a small body of water; that the color green refers to the lush land of the Sarasota Bay and the blue represents the beautiful waters off Sarasota's coast; that a number of patches of land are indicated; that a modern sans serif type face was used to provide legibility from a distance; that the logos have different names; that the name "Bayfront Trail" is a personal favorite; that the names "Bayfront Trail" and "Sarasota Recreational Trail" were favorites of the Design Center; that names can be inserted into any of the logos. Mr. Meis referred to schematics of signposts and lamp signposts displayed on the Chamber monitors; and further stated that the schematics of the posts were provided by the Engineering Department; that one of the logos was inserted into the schematic to provide an idea of the appearance of the logo on the actual signpost. Mr. Meis referred to two of the designs of wy/finding/irectional signage displayed on the Chamber monitors; and stated further that development of the wayfinding system is extremely important; that the wayfinding system is the communication to the actual users of the MURT; that the wayfinding system must be clear, concise, and readable from a distance and close-upi that Design 1 of the wayfinding system has a color scheme; that different colors are used for different activities which would be present on the MURT; that the design indicates the activities of pedestrians, walkers, joggers and also bicyclists; that Design 1 includes blocks of separate signs such as arrows indicating a split path; that recommendations for additions to the wayfinding system have been received since the public meeting such as handicapped, heavy traffic or no skateboarding; that the wayfinding system is universal; that anything can be inserted into the wayfinding system which is a strength since the MURT could change in the future; that the ability to pull down a sign and display another without having to redesign the entire design is important. Mr. Meis stated that Design 2 was developed with the idea of a path and using one line to denote the entire structure and entire form of the sign; that Design 2 is black and white which will provide a high contrast during all times of day; that various colors may be inserted depending on the logo chosen; that a mile marker sign is utilized which indicates the approximate location on the MURT; that icons indicate activities of pedestrians, walkers, joggers, and bicyclists; that arrows can be inserted with any of the icons; that Design 2 is uncluttered. Mayor Martin asked the actual size of the signs? Mr. Meis stated that the icons are nine inch square; that the actual sign will be 3 feet by 2 feet; that many variations to display the signs are available such as using two poles and two lights, or one pole with no light. Mayor Martin asked the number of signs included per block or per mile? Ms. Davis-Shaw stated that the number of signs varies depending upon the location; that fewer signs are included along straight lines; that small mile marker signs will be included every quarter of a mile; that larger signs with lights will be at key locations to make people aware of turns or significant activity; BOOK 56 Page 27784 05/03/04 2:30 P.M. BOOK 56 Page 27785 05/03/04 2:30 P.M. that approximately 20 larger signs will be included throughout the seven mile route. Mayor Martin asked the reason for having standing rather than in-ground signs? Ms. Davis-Shaw stated that a suggestion was for having both; that a determination for having both has not been made; that two different treatments may be necessary; that the option of in-ground signage will be researched as well as reducing the number of mile marker signs. Commissioner Atkins stated that including the word "Sarasota" on the logo design is important; that Logo Option A is supported but with the color of Logo Option B; that bolder rather than softer colors are supported. Commissioner Bilyeu stated that including the word "Sarasota" on the logo is a good idea; that discussions have taken place with neighborhood associations concerning inclusion of the City's logo on signage; that including the City's logo could be a consideration; that an uncluttered sign is preferred; that Logo Option C, Sarasota Bayfront Recreational Trail, is preferred; that Colored signs are preferred; that an attempt should be made to use as few sign posts as possible; that one pole can be used for two or three signs to avoid too many poles in the right-of-way. Commissioner Palmer stated that Logo Option C, Sarasota Bayfront Recreational Trail, is preferred; that the word "recreational" may not be necessary; that "Sarasota Bayfront Trail" is sufficient; that the colors must be bright and consistent with the City's image as an artistic community; that the logo must be easily seen; that using as few sign poles as necessary is supported; that placing the signage in the sidewalk is a good idea; that consistency of cOlor with regard to the wayfinding signage is preferred. Mr. Meis referred to a drawing of an iron sign and light pole displayed on the Chamber monitors; and stated that the City's logo will be cast in the iron sign at the top; that the logo colors should coincide with the wayfinding signage; that the logo and color of the logo should be chosen first. Commissioner Palmer stated that the color purple could be considered; that the Van Wezel Performing Arts Hall (VWPAH) is purple and is part of the Bayfront. Commissioner Atkins stated that the color purple is nice. Commissioner Bilyeu agreed. Mayor Martin stated that Logo Option C, Sarasota Bayfront Recreational Trail, is considered the strongest design; that using fewer words is supported; that the word "Sarasota" is not necessaryi that the word "Bay" could be used rather than "Bayfront"; that the word "recreational" is not necessaryi therefore, Logo Option C should display the words "Bay Trail"; that including the City's logo at the top of sign is important and is appreciated; that the color of Logo Option C is used often around the Cityi that the color is generally appealing; that using the color purple is not supported; that the wayfinding and mile marker signage could be within the road surface itself; that the City has many signs which can be distracting and confusing rather than helpful. Ms. Davis-Shaw stated that the issue will be evaluated; that many signs can be placed in the sidewalk or on the bicycle lane; that the number of sign poles can greatly be reduced. Mayor Martin stated that a potential conflict exists between pedestrians and bicyclists if the signage is not proper; that the signage should be functional and not create a conflict. Ms. Davis-Shaw stated that direction regarding changing the name on the logo would be appreciated sO the modification can be made. Mayor Martin stated that using the words "Bayfront Trail" is simple. Commissioner Palmer stated that displaying the words "Sarasota Bay Trail" is preferred. Commissioner Bilyeu stated that the word "recreational" is supported since the signage pertains to a MURT; that the words "Recreational Trail" are preferred on the logo; that the MURT is not entirely on the Bayfront; that the City's logo will be included. BOOK 56 Page 27786 05/03/04 2:30 P.M. BOOK 56 Page 27787 05/03/04 2:30 P.M. Mayor Martin stated that four different opinions exist at this time. Commissioner Atkins stated that Logo Option C with less words can be supported. Mayor Martin asked for consensus regarding Logo Option C with the words "Sarasota Bay Trail." Commissioner Atkins stated that Logo Option C with the words "Sarasota Bay Trail" is supported. Commissioner Palmer agreed. Commissioner Bilyeu stated that the words "Sarasota Bay Trail" are suggested for use on the logo; however, the MURT is not entirely on the Bayfront; that the MURT is a recreational trail. City Manager McNees stated that changing the wording on the logo may affect the design layout of the sign; that the artist should be consulted prior to making a decision. Mr. Meis stated that the MURT is a recreational trail; that denoting the MURT is a recreational trail is important; that the word recreational" is very horizontal; that the sign is vertical; that the words "Bay Trail" fit aesthetically: however, semantically, the word recreational" is important; that the logo design can accommodate either. Commissioner Atkins asked for clarification regarding Commissioner Bilyeu's Logo Option choice? Commissioner Bilyeu stated that Logo Option A, Sarasota Recreational Trail, is nice; that the logo includes palm trees and the same colors as Logo Option C; that the "S" shape pathway on the logo indicates "Sarasota"; that the City's logo will be included as well; that the logo should include the words Recreational Trail," which is the reason for supporting Logo Option A. Commissioner Atkins stated that Logo Option A is his first choice; that a decision was made to support Logo Option C since the majority of the Commission seemed to have reached a consensus; that Logo Option A is now supported; that personally, Logo Option A denotes the MURT comes off the Bay and travels over to Cocoanut Avenue; that Logo Option A provides a feeling of freedom; that the color of Logo Option A should be more bold. Commissioner Palmer stated that the decision of the Commission will be supported. Mayor Martin stated that all of the designs presented are excellent; that Logo Option A can be personally supported. Commissioner Palmer stated that Logo Option A is supported as long as the colors are more vibrant; and asked if the word "Sarasota" will be remain? Commissioner Bilyeu stated that the word "Sarasota" is not necessary. Mayor Martin stated that using the word "Sarasota" was a main concern of Commissioner Atkins; that Logo Option A should remain as presented. Commissioner Bilyeu asked the favorite of the artist? Mr. Meis stated that Logo Option A is a personal favorite. Mayor Martin stated that the Commission should now reach a decision regarding wayfinding signage options. Ms. Davis-Shaw stated that Staff will work to minimize standalone signs. Mayor Martin stated that the understanding is either wayfinding system could be in black and white or in color and the Commission should choose one of the design options. Mr. Meis referred to wayfinding system Designs 1 and 2 displayed on the Chamber monitors; and stated that either wayfinding system can be in black and white or color; that the colors can be changed; however, the colors are integral to Design 1. Mayor Martin stated that Design 2 is black and white but could have the same colors as Design 1. Commissioner Atkins asked if using international signage was considered since many international visitors come to Sarasota. Ms. Mumford stated that the wayfinding system was designed from the international sign system. BOOK 56 Page 27788 05/03/04 2:30 P.M. BOOK 56 Page 27789 05/03/04 2:30 P.M. Mayor Martin asked if the Commission supports Design 1 which is in color? Commissioners Atkins, Bilyeu, and Palmer stated yes. Mayor Martin stated that an entire wayfinding effort will be undertaken in the Downtown; and asked the schedule for the MURT project? Ms. Davis-Shaw stated that the 90 percent plans should be received soon, perhaps in the next couple of weeks; that the Florida Department of Transportation (FDOT) then requires 30 days for comments; that once received, FDOT comments will be coordinated with Staff's comments which will then be provided to WilsonMiller, Inc.; that another 30 days will be necessary for finalization; that the project will then go to bid which is a three to four month process; that between the time the 100 percent plans are received and the bidding process, another notice to proceed from the State will be necessaryi that the notice to proceed to expend the funds for the design was received; however, the notice to proceed to expend the funds for construction will be necessary; that the length of time to receive the notice is not known; that the normal schedule is construction begins three months from bidding, which means construction will begin approximately five to six months from today; that Staff has been working well with FDOT; that receiving the notice to proceed to expend the funds for construction will likely be received in a timely manner. Mayor Martin stated that construction will likely begin in January of 2005; and asked the length of time for the entire build-out of the MURT? Ms. Davis-Shaw stated that the timeframe would be approximately four to five months. Mayor Martin asked the location at which the project will begin? Ms. Davis-Shaw stated that the schedule will be submitted to the City Engineer; that Staff is recommending construction begin in the northern section of the MURT; however, coordination with New College will be necessary; that final determination will depend upon receipt of the notice to proceed and activities at New College. Mayor Martin stated that concerns have been raised regarding existing landscaping and nonexistent sidewalks at Bayshore Road and Indian Beach Sapphire Shores; and asked if the concerns have been addressed? Ms. Davis-Shaw stated that a couple of adjacent property owners are not looking forward to construction of the MURT; that FDOT has agreed to utilize some of the grant money for relocating some of the existing landscaping, if feasible, or installing some buffering to provide a shelter between the neighbors and the MURT. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to select Logo Option A, Sarasota Recreational Trail and wayfinding system Design 1 with color. Motion carried unanimously (4 to 0) : Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. 22. NEW BUSINESS: APPROVAL RE: : SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 04-4535, CREATING THE CITY OF SARASOTA TRANSIT DEVELOPMENT TRUST FUND ; STATING THE PURPOSES FOR WHICH MONIES IN THE TRANSIT DEVELOPMENT TRUST FUND MAY BE EXPENDED AND THE MANNER IN WHICH EXPENDITURES FROM THE FUND SHALL BE AUTHORIZED; PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. APPROVED (AGENDA ITEM XVII-2) CD 8:44 through 8:53 Mayor Martin stated that proposed Ordinance No. 04-4535 is being introduced to establish the City of Sarasota Transit Development Trust Fund; and requested that Staff come forward. Robert Fournier, Attorney, City Attorney's Office, came before the Commission; and stated that the Commission directed the preparation of proposed Ordinance No. 04-4535 at the second public hearing regarding the Downtown Residential Overlay District (DROD) Ordinance at the January 20, 2004, Regular Commission meeting; that proposed Ordinance No. 04-4535 is being introduced SO the Commission may become familiar with the content and resolve any questions prior to first reading and the public hearing; that the DROD Ordinance contains a provision allowing developers to construct units above the otherwise allowable density and requiring a contribution to the Transit Development Trust Fund; that the Transit Development Trust Fund is slightly different from the Affordable Housing Trust Fund; that the fee associated with the Transit Development Trust Fund BOOK 56 Page 27790 05/03/04 2:30 P.M. BOOK 56 Page 27791 05/03/04 2:30 P.M. is tantamount to an impact fee; therefore, the fee is subject to a dual rational nexus test under Florida case law; that one test is a rational nexus or a connection must exist between the new development and the need for new capital facilities; that the second test is a connection must exist between the expenditure of the fees collected and the benefits which accrue to the new development; that the expenditures of funds is restricted to the purchase or construction of new public transit facilities which will primarily or exclusively serve the residents of and visitors to the Community Redevelopment Area; that the expenditures are restricted to capital facilities and cannot be used for administrative expenses. Commissioner Palmer stated that the restriction to the Community Redevelopment Area is interesting; that the expenditures will hopefully be for items which will last beyond 2016; and asked for clarification of the result once the Community Redevelopment Area is eliminated in 2016? Attorney Fournier stated that the boundaries would still remain in effect for purposes of the proposed Ordinance but not for purposes of the collection of any Tax Increment Financing (TIF) revenues. Attorney Fournier continued that the proposed Ordinance contains some scrivener's errors which have been noticed and will be corrected; that the proposed Ordinance creates the Transit Development Trust Fund and establishes general parameters for expenditures and would require the same type of authorization from the Commission as in Ordinance No. 04-4534 regarding the Affordable Housing Trust Fund; that the expenditures are restricted to capital projects which are defined in the proposed Ordinance; that the expenditures would primarily benefit residents of and visitors to the Downtown. Mayor Martin asked for examples of types of transit facilities? Attorney Fournier referred to Section 2(d) of proposed Ordinance No. 04-4535 indicating the following examples of transit facilities: buses, vans, trolleys, trams, light rail, water taxis, and shelters; and stated that transit operating slightly outside the area will not invalidate the expenditure under the proposed Ordinance. Mayor Martin stated that no water exists within the Community Redevelopment Area. Attorney Fournier stated that a significant amount of shoreline is within the Community Redevelopment Area which encompasses the Bayfront extending to Tenth Street. Mayor Martin stated that the City would like to purchase a water taxi; that using funds from the Transit Development Trust Fund to purchase a water taxi would preclude the water taxi from providing service in areas such as the John and Mable Ringling Museum of Art, Mote Marine Laboratory and Aquarium, Mary Selby Botanical Gardens, and hotels on Lido Key. Attorney Fournier stated that the situation would be reviewed on a case-by-case basis. Mayor Martin stated that the water taxi could have six or seven stops; that two or three stops could be within the Community Redevelopment Area sO the water taxi could be partially funded with monies received from the Transit Development Trust Fund; that partial funding would be used for a capital expense based on use outside of the Community Redevelopment Area. Attorney Fournier stated that is correct. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to set proposed Ordinance No. 04-4535 for public hearing. Commissioner Palmer stated that the Transit Development Trust Fund only deals with the capital expenses; that Sarasota County Area Transit (SCAT) is required to provide transportation within the City; that the City should work with SCAT since operational expenses will be incurred; that the Transit Development Trust Fund will not be able to fund all the operational expenses; that additional funding will be necessaryi that the Commission should provide direction to the Administration to work with SCAT to identify ways the County can assist as the process moves forward. Mayor Martin stated that the point is good. Commissioner Atkins agreed. Mayor Martin called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. BOOK 56 Page 27792 05/03/04 2:30 P.M. BOOK 56 Page 27793 05/03/04 2:30 P.M. 23. NEW BUSINESS: DISCUSSION RE: : CONSIDERATION OF POSSIBLE OPTIONS TO MAKE PAYNE PARK AUDITORIUM AVAILABLE TO NEIGHBORHOOD ASSOCIATIONS FOR MEETING PURPOSES FREE OF CHARGE - DIRECTED THE ADMINISTRATION TO IDENTIFY OPTIONS TO MAKE PAYNE PARK AUDITORIUM AVAILABLE TO NEIGHBORHOOD ASSOCIATIONS FOR MEETING PURPOSES FREE OF CHARGE AND LIMIT THE AVAILABILITY ONLY FOR NEIGHBORHOOD ASSOCIATIONS (AGENDA ITEM XVII-3) CD 8:53 through 9:02 Mayor Martin stated that the item was placed on the Agenda by Commissioner Bilyeu and is to consider possible options to make the Payne Park Auditorium available to neighborhood associations for meeting purposes free of charge. Commissioner Bilyeu stated that two neighborhood associations were using the Lions Club facility as a place to meet; that the Lions Club did not charge the neighborhood associations; that the Lions Club facility is now for sale and can no longer be used for meetings; that another neighborhood association is struggling to reform and will probably not have a place to meet due to rental fees for meeting space; that the Alta Vista Neighborhood Association presently meets at the Alta Vista Elementary School; that two neighborhood associations are in dire need of meeting space; that rental costs for the Payne Park Auditorium were researched and are included in the Agenda backup material; that the Commission is requested to consider the possibility of allowing the neighborhood associations to meet at the Payne Park Auditorium. Commissioner Bilyeu continued that information was received concerning rental rates for meeting space in the County; that Bee Ridge Park has a 20 foot by 20 foot meeting room which will accommodate approximately 25 people; that a fee is not charged to formed neighborhood associations for meetings held once per month during a 12 month period; that $10.25 per hour is the fee charged for nonprofit organizations; that the hourly rental rates indicated for the Payne Park Auditorium at $100 to $120 per hour and $50 per hour for a small room are too expensive for neighborhood associations; that perhaps the fees could be waived or a portion of the facility could be made available; that the hope is to eventually include a community room at Payne Park; that the neighborhood associations have exhausted time and energy to identify places to meet; that he has explored alternatives as well; that the only other alternative is for the City to purchase the Lions Club facility for use as a community center and park; that the Lions Club facility is for sale at $900,000; that Gillespie Park has a substation which is used for neighborhood meetings; that the Roy Smith Resource Center on Central Avenue is available for the Rosemary District Neighborhood Association; that Waldemere Fire Station is used by the Arlington Park Neighborhood Association. Mayor Martin requested that Staff come forward. Nancy Carolan, Director of General Services, came before the Commission; and stated that the hourly rates indicated are for use of the Payne Park Auditorium; that the Auditorium is primarily used for dances, orchestras, and specialty functions; that the Auditorium is approximately 6,000 square feet; that two smaller rooms exist which can be partitioned with a plastic Closable door; however, the way the building has been structured, air condibioning and electric cannot be segregated; that a Staff member is always present during any event being held at the Auditorium; that the Staff person is necessary for various reasons such as security and maintenance; that the cost to operate the facility is approximately $65 to $70 per hour; that insurance is also a concern; that participants of events are required to provide the City with general liability insurance naming the City as an additional insured, which assists the City in managing risk; that some of the neighborhood associations are not able to procure insurance. Commissioner Bilyeu stated that the reasons for requiring insurance are understood; however, insurance is not required at the other previously mentioned facilities being used for neighborhood meetings; that no one is staffing the facilities; that $50 per hour for the small room at the Payne Park Auditorium is still expensive for a neighborhood association; that one of the neighborhood associations only meets three times per year; that the cost to rent meeting space at the Payne Park Auditorium would likely not exceed $3,000 per year including the cost for a Staff person to open and close the facility. City Manager McNees stated that some basic direction from the Commission is requested; that the hope is a community room at Payne Park will be available in the future; that another possibility is the availability of a room at City Hall once renovations to City Hall are completed; that the neighborhood associations involved, scheduling, and the number of meetings per year should be researched if the Commission chooses to BOOK 56 Page 27794 05/03/04 2:30 P.M. BOOK 56 Page 27795 05/03/04 2:30 P.M. support the cost for rental of meeting space; that demand for free meeting space will increase if the City assumes the cost; that the Payne Park Auditorium is a large building; that the building would be opened for a small group; that the Commission is requested to provide the Administration with direction regarding the identification of meeting space in City facilities at no charge. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to direct the Administration to identify options to make the Payne Park Auditorium available to neighborhood associations for meeting purposes free of charge and limit the availability only for neighborhood associations. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Martin, yes. Mayor Martin stated that Vice Mayor Servian is not in attendance due to travel in Italy related to the Sister Cities Program; that Vice Mayor Servian is likely enjoying a wonderful time. 24. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1752, SUPPORTING THE APPLICATION OF THE SARASOTA MANATEE AIRPORT AUTHORITY FOR A GRANT UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM AS VITAL TO THE ECONOMIC VIABILITY OF THE COMMUNITY; ETC. (TITLE ONLY) ADOPTED WITH A CHANGE TO THE LANGUAGE INDICATING THE CITY' 'S SUPPORT OF THE, COUNTY'S CONTRIBUTION TO THE GRANT APPLICATION PROCESS AND THE PARTICIPATION OF CITY RESIDENTS IN THE CONTRIBUTION (AGENDA ITEM XVII-4) CD 9:03 through 9:06 Mayor Martin stated that the item is to adopt proposed Resolution No. 04R-1752 supporting the Sarasota Manatee Airport Authority Small Community Air Service (SCAS) Development Program Grant. Commissioner Palmer stated that the Sarasota Board of County Commissioners (BCC) recently appropriated $250,000 to assist the Sarasota Manatee Airport Authority in an application of the SCAS Development Program grant through the United States Department of Transportation; that $250,000 is the amount requested by both Manatee and Sarasota Counties; that adopting a resolution in support of the Application is considered important since the appropriation from the County's General Fund includes funds paid by City taxpayers; that changes to the proposed Resolution was suggested to the Administration which is to indicate the City is part of Sarasota County; therefore, the contribution of the County constitutes the City's participation as well. City Manager McNees stated that language concerning the City's participation through County General Fund revenues will be included in proposed Resolution No. 04R-1752. City Manager McNees stated that the language will be further clarified. City Auditor and Clerk Robinson agreed. Mayor Martin stated that the intent is clear and the issue is understood. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1752 by title only. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to adopt proposed Resolution No. 04R-1752 with a change to the language indicating the City's support of the County's contribution to the grant application process and the City's participation in the contribution. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes. Commissioner Bilyeu stated that City Auditor and Clerk Robinson has been selected as one of the top City Clerks of the year; that City Auditor and Clerk Robinson is one of the four finalists from 408 cities in the State; that the public should be aware the City has one of the best City Auditor and Clerks in the State. Commissioner Atkins stated that the Commission has been remiss in not previously acknowledging the efforts of City Auditor and Clerk Robinson, which are appreciated. Commissioner Palmer stated that City Auditor and Clerk Robinson is considered the best in the World regardless of the outcome of the award; that Gibson Mitchell, Director of Finance, also deserves recognition. City Auditor and Clerk Robinson stated that Mr. Mitchell is attending the Florida Governmental Finance Officers Association (GFOA) Annual Conference in Tampa, Florida; that Mr. Mitchell BOOK 56 Page 27796 05/03/04 2:30 P.M. BOOK 56 Page 27797 05/03/04 2:30 P.M. will be sworn in as First Vice President of the GFOA on May 4, 2004. City Manager McNees stated that recognition will be provided under the Agenda item regarding the Distinguished Budget Presentation Award which will probably be on the Agenda of the May 17, 2004, Regular Commission meeting; that Mr. Mitchell will be eligible for President of the Florida GFOA in 2005; that the City should honor Mr. Mitchell at that time. 25. ADJOURN (AGENDA ITEM XVIII) CD 9:10 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of May 3, 2004, at 9:10 p.m. Beckuddarn RICHARD F. MARTIN, MAYOR ATTEST: Billy E Ralrneon BILLY- 8 ROBINSON, CITY AUDITOR AND CLERK