BOOK 57 Page 28801 10/18/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 18, 2004, AT 2:30 P.M. PRESENT : Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, 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 Robert Fournier S ABSENT: None 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. CHANGE TO THE ORDERS OF THE DAY = APPROVED CD 2:30 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove Agenda Item II-3, Approval of the Minutes of the October 4, 2004, Regular Commission meeting per the request of City Auditor and Clerk Robinson. City Manager McNees stated that Agenda Item VI-2, the request for lease amendment from Mattison's City Grille, LLC, may be withdrawn prior to the time the item will be presented. Mayor Martin stated that the change will be noted at the time the item will be presented, if necessary. Mayor Martin asked if the Commission has any objections to the Change to the Orders of the Day and hearing none, stated that the Change to the Orders of the Day is approved by unanimous consent. 2. CITIZENS' INPUT CONCERNING CITY TOPICS REFERRED THE RECOMMENDATION TO IMPROVE AN INDIAN BEACH SAPPHIRE SHORES NEIGHBORHOOD PARK TO THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD THROUGH THE ADMINISTRATION (AGENDA ITEM I) CD 2:30 through 2:44 The following people came before the Commission: Richard Thomas, 2322 Alameda Avenue (34234), distributed and referred to a document regarding Houses of Indian Beach Subdivision Application No. 03-SUB-01 and Site Plan Application No. 03-SP-36 and the City Commission public hearing scheduled for October 25, 2004; and stated that problems exist with the procedure regarding the public hearing for the applications for the Houses of Indian Beach. Mayor Martin stated that to clarify, Mr. Thomas is speaking concerning procedural rather than substantive issues related to the public hearing. Mr. Thomas stated that an October 13, 2004, memorandum from City Attorney Fournier to the Commission indicates the application approved by the Planning Board/Local Planning Agency (PBLP) was the Final Plat; however, many of the requirements of Florida Statutes are not met; that for instance, the application must be prepared by a surveyor, bearings and distances should be indicated, and the paper should be 18 inches by 24 inches but is 24 inches by 36 inches, etc.i that the purported Final Plat is stamped "Preliminary Plat"; that the City requires the Final Plat be considered by the PBLP prior to consideration by the Commission; that the request is to direct the Administration to reschedule a PBLP meeting to consider Subdivision Application No. 03-SUB-01 Site Plan Application No. 03-SP-36; that approval was not requested for final subdivision or treet/rignt-oF-way vacation; that public hearings are required regarding utility and drainage easements but never were conducted. City Attorney Fournier stated that a response has been provided to the procedural issue raised by Mr. Thomas initially at the October 4, 2004, Regular Commission meeting and is in the record of the proceedings of the applications for Subdivision Plat and Site Plan approval for the Houses of Indian Beach which will be conducted October 25, 2004; that Mr. Thomas's arguments should be addressed at the October 25, 2004, meeting; that a procedure in the Zoning Code (2002 Ed.) which is optional for a preliminary plat was not followed in the Houses of Indian Beach case; that BOOK 57 Page 28802 10/18/04 2:30 P.M. BOOK 57 Page 28803 10/18/04 2:30 P.M. the application does not require an additional hearing before the PBLP; that compliance with the statutory requirements is at the discretion of the City Engineer to certify the plat complies with all statutory requirements. Richard Clapp, representing the Indian Beach Sapphire Shores Association, 426 South Shore (34234), stated that a potential new park space in the neighborhood is recommended; that the concept has been considered for over a year; that a right-of-way on Sarasota Avenue between 47th and 45th Streets is currently a grassy area; that shrubbery was planted on the corner of 45th Street and Sarasota Avenue with the assistance of the City; that the Melody restaurant uses the north end of the right-of-way for parking; that a small children's park and a butterfly garden have been installed; that the concept is to request the City to make the area a linear park with a winding path, more landscaping, benches, lighting, etc.; that currently an issue is occasional criminal activity in the park as the park is not lighted and not highly visible; that an issue at the south end of the park is stormwater flows across the park washing out the landscaping; that a retention pond may be a solution; that the park could be a good location for a dog park; that the neighborhood residents support a well-defined park; that the Neighborhood Partnership Office and Staff support improving the park; that the Commission is requested to consider improving the park. Mayor Martin stated that the space has for several years and is currently functioning as a park; that the recommendation is appreciated. Mayor Martin stated that hearing the Commission's agreement refer the recommendation to improve an Indian Beach Sapphire Shores neighborhood park is referred to the Parks, Recreation through Environmental Protection Advisory Board and the Administration. 3. APPROVAL RE: MINUTES OF THE EMERGENCY CITY COMMISSION MEETINGS OF SEPTEMBER 25 AND 27, 2004 APPROVED (AGENDA ITEM II-1 and -2) CD 2:44 through 2:45 Mayor Martin asked if the Commission had any changes to the minutes? Mayor Martin stated that hearing no changes, the minutes of the Emergency City Commission meetings of September 25 and 27, 2004, are approved by unanimous consent. 4. BOARD ACTIONS: REPORT RE: : PUBLIC ART COMMITTEE - S REGULAR MEETING OF SEPTEMBER 15, 2004 RECEIVED REPORT; AUTHORIZED THE ADMINISTRATION TO EXECUTE A LEASE AGREEMENT WITH THE FLORIDA HOLOCAUST MUSEUM FOR THE EXHIBITION "EMBRACING OUR DIFFERENCES" WITH THE FOLLOWING CONDITIONS : 1) ALLOW USE OF AREA ON ISLAND PARK AS REQUESTED FOR THE EXHIBIT, 2) ESTABLISH HOURS OF OPERATION, AND 3) WORK WITH THE MANAGEMENT OF THE MARINA JACK RESTAURANT AND OTHER OFF- SITE FACILITIES REGARDING PARKING AND PROVIDING OFF-STREET PARKING FACILITIES FOR PERIODS OF HIGH USE (AGENDA ITEM III) CD 2:45 through 3:09 Mayor Martin stated that the item is to receive the report of the Public Art Committee's Regular meeting of September 15, 2004. James Bowen, Chair, Public Art Committee, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mr. Bowen presented the following item from the September 15, 2004, Public Art Committee meeting: Proposal for "Embracing Our Differences" Exhibition Mr. Bowen stated that the Public Art Committee voted 3 to 2 to recommend approval of the lease agreement for the "Embracing Our Differences" exhibition with two conditions: 1) The site of the exhibit be limited to the area used by the Sarasota Season of Sculpture exhibit; and 2) An off-site parking agreement be obtained from the exhibit. Mr. Burg stated that the original proposal was to use more of the peninsula area of Island Park toward the Bay; that Staff has been in contact with Richard Bergman, Director, Florida Holocaust Museum, Sarasota-Manatee Advisory Council, who is not in agreement with the change limiting the use of the area. City Manager McNees stated that he and Staff walked the site with the petitioners on October 15, 2004; that a concern is the area utilized by the Season of Sculpture directly abuts US 41 which is BOOK 57 Page 28804 10/18/04 2:30 P.M. BOOK 57 Page 28805 10/18/04 2:30 P.M. a legitimate concerni that the intent was to determine if sufficient room exists in the area between the parking lot and the boat basin in the area utilized by the Season of Sculpture and the open space immediately outside of the boundaries of the peninsula; that in his opinion sufficient room exists; that Mr. Bergman sufficient room exists was grudgingly admitted by Mr. Bergman; that historically the Commission has resisted special events on the peninsula; that a one-time exception was granted for the previous COEXISTENCE exhibit due to the unique nature of the exhibit; that Staff's recommendation the site of the exhibit should be limited to the area used by the Sarasota Season of Sculpture exhibit area as an acceptable alternative is available for the exhibit. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to receive the report. Vice Mayor Servian stated that a concern is the September 15, 2004, Public Art Committee minutes contain several notations regarding use of Tax Increment Financing (TIF) funds; that a struggle is the perception the Community Redevelopment Agency (CRA) is giving away, not investing TIF funds; that the Chair of the Public Art Committee should ensure the members of the Public Art Committee are aware TIF funds are not being given to any developer; that the TIF funds are an investment in a project; that the TIF funds will be repaid over the period of time the CRA is in existence; that the overall perception to the public would be improved if all the City's Boards and Committees conveyed a consistent message concerning the use of TIE funds. Mayor Martin called for a vote on the motion to receive the report. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Palmer, yesi Servian, yes; Martin, yes. Mayor Martin requested that the petitioners come forward for the exhibition, "Embracing Our Differences" presentation. Richard Bergman, Director, and Dennis McGillicuddy, Member, Florida Holocaust Museum, Sarasota-Manatee Advisory Council, came before the Commission. Mr. Bergman distributed copies of the following: A summary of the activities regarding the recent Coexistence exhibit; A summary of the intent of the "Embracing Our Differences" exhibition; and Site items to be considered. Mr. Bergman stated that City Manager McNees is admired and respected; nowever, the members of the Florida Holocaust Museum do not agree with City Manager McNees's recommendation; that the recommended area is too small; that the area is not safe as the area is 20 feet from the parking area; that the area is not level; that the un-level and hilly area precludes people with disabilities from navigating the exhibit; that he was invited to the COEXISTENCE exhibit in Washington, D.C., which was adjacent to the Capitol and the new Native American Museum; that the exhibit was in a small area surrounded by trees; that unfortunately, the exhibit was poorly attended; that the power of the exhibit was diminished; that the power of the exhibit is to see the large images from a distance; that trees will block the images at the recommended area; that Sarasota has the reputation of presenting first-class exhibits. Mr. McGillicuddy stated that the art will be created locally; that shrinking the area will detract from the beauty of the art; that the previous COEXISTENCE exhibit space brought out the value of the artwork; that the trees in the recommended area will diminish the art; that indicating to local artists the same exposure will not be available is uncomfortable; that over 80,000 people visited the COEXISTENCE exhibit. Mr. Bergman stated that thousands of children from all over the County were bussed to the exhibit free of charge; that allowing 100 to 150 children to disembark from buses in the parking lot adjacent to the recommended area causes a safety hazard; that the exhibit area is requested only for the month of February 2005. Mayor Martin asked for clarification regarding a possible off- street parking agreement. Mr. McGillicuddy stated that the Florida Holocaust Museum will cooperate in any manner possible; that off-site parking will likely not work; that the cost of running busses from an off- site location will undermine the funds available to attract visitors; that nearby local businesses will be requested to allow parking on weekends. BOOK 57 Page 28806 10/18/04 2:30 P.M. BOOK 57 Page 28807 10/18/04 2:30 P.M. Mr. Bergman stated that the exhibit booth will be closed at 5:00 p.m. sO the dinner hour for the restaurants will not be affected. Vice Mayor Servian stated that the City is required to provide sufficient parking for the Marina Jack Restaurant; and asked if a definition of sufficient parking exists? City Manager McNees stated no; that management of the Marina Jack Restaurant has previously indicated parking is currently problematic; that the insufficiency of the parking likely could be proven currently; that the management of the Marina Jack Restaurant has requested the City assist with the Marina Jack Restaurant developing long-term parking solutions; that the existence of parking problems in the area is the reason for the Administration's recommendation for the petitioners to obtain an off-site parking agreement for the exhibit; that arranging off- site parking during high traffic times would be a positive. Vice Mayor Servian stated that the Florida Holocaust Museum can work out an arrangement with the Marina Jack Restaurant such as assisting with valet costs to take some of the cars off-site, which would benefit both organizations. Mr. McGillicuddy stated that he has already spoken with Robert Soran who represents the Marina Jack Restaurant; that Mr. Soran indicated the desire to resolve any parking difficulties. Vice Mayor Servian asked if in subsequent years an alternative exhibition space will be sought to provide more parking and space? Mr. Bergman that the COEXISTENCE exhibit was a one-time event from Israel; that Commissioner Atkins and others have indicated over time the City has many talented artists; that local artists, art teachers and students, and regular students will participate in the exhibition. Mr. McGillicuddy stated that plans do not exist to repeat the exhibit next yeari however, keeping the option open is desired recognizing no commitment is made by the City currently and a decision is reached each year; that the exhibit likely will not return next year unless an acceptable location is available; that the Florida Holocaust Museum is committed to continue the concept of the COEXISTENCE program as inroads are being made in people's thoughts and actions; that setting a precedent is not expected. Mayor Martin stated that the nature of the Administration's recommendation was based on the Commission's decision regarding the COEXISTENCE exhibit as the Embracing Our Differences" exhibition is a one-time occurrence. On motion of Commissioner Palmer and second of Commissioner Bilyeu, it was moved to authorize the Administration to execute a lease agreement with the Florida Holocaust Museum for the exhibition "Embracing Our Differences" with the following conditions: 1) allow use of area on Island Park as requested for the exhibit, 2) establish hours of operation, and 3) work with the management of the Marina Jack Restaurant and other off-site facilities regarding parking and providing off-street parking facilities for periods of high use. Commissioner Palmer stated that the "Embracing Our Differences" exhibition is a unique opportunity for the City to make a statement to the City, County, and the World; that the COEXISTENCE exhibit made a statement; that using local artists brings more tempting and tantalizing concepts to the community; that bringing many school children to the exhibit is a safety concern; that representatives of the Florida Holocaust Museum will monitor Island Park to ensure no damage occurs; that Island Park will not be open for special events on a regular basis; that recurrent activities will disturb the landscaping for which taxpayers have paid dearly; however, the "Embracing Our Differences" exhibition is a special event; that supporting the "Embracing Our Differences" exhibition is important. Commissioner Bilyeu stated that the COEXISTENCE exhibit was excellent; that having local artists participate in the "Embracing Our Differences" exhibition is pleasing; that accessibility for the disabled is important; that City Manager McNees's attempt to perform the best job is based on Commission directives; that the request is supported. Vice Mayor Servian stated that the COEXISTENCE exhibit was special as people of all ages and of all abilities participated; that regular activities on Island Park such walking dogs, jogging, bicycling, etc., continued with no interference with the exhibit; that seeing the exhibit from afar draws attention; that use of the entire Island Park is supported. BOOK 57 Page 28808 10/18/04 2:30 P.M. BOOK 57 Page 28809 10/18/04 2:30 P.M. City Attorney Fournier stated that the term off-site parking agreement is defined in the Zoning Code (2002 Ed.) as all parking for a primary use must be provided on site; that for example, a use requiring 20 spaces with the availability of only 15 on site, could provide five spaces off site if an off-site parking agreement is approved by the Planning Board/Local Planning Agency (PBLP) at a public hearing subsequent to the developer's filing an application; that neither an application nor a public hearing is not required for a temporary parking agreement. Commissioner Palmer stated that as the maker of the motion, a long-term parking agreement was not intended; that the motion indicated working with Mr. Soran and representatives of other off- site facilities to work out parking arrangements; that a formal agreement is not suggested; that Mr. Bergman and Mr. McGillicuddy have offered to discuss parking arrangements with Mr. Soran and other businesses and organizations and can be trusted to follow through. City Attorney Fournier stated that an agreement is not precluded by the Zoning Code (2002 Ed.) procedures. Mayor Martin stated that the COEXISTENCE exhibit was significant as the community and Commission aggressively fight discrimination; that the support of the Commissioners is appreciated. Mayor Martin called for a vote on the motion to authorize the Administration to execute a lease agreement with the Florida Holocaust Museum for the exhibition "Embracing Our Differences" with the following conditions: 1) allow use of area on Island Park as requested for the exhibit, 2) establish hours of operation, and 3) work with the management of the Marina Jack Restaurant and other off-site facilities regarding parking and providing off- street parking facilities for periods of high use. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. Commissioner Bilyeu asked for clarification regarding the number of parking spaces required for the Marina Jack Restaurant and O'Leary's Water Sports and Grill (O'Leary's). Mayor Martin stated that the number of spaces to provide sufficient parking has been undefined which is potentially but not currently a point of contention; that negotiation with the Marina Jack Restaurant regarding the O'Leary's leasehold included a discussion of sufficient parking. Commissioner Atkins stated that one reason a definition of the required parking for all of the facilities on Island Park has not been formulated is knowing the answer may not be desired. Commissioner Bilyeu stated that the Marina Jack Restaurant was expanded with the knowledge of the available parking; that he will calculate the required number of required parking spaces. Mayor Martin stated that the information can be provided. Commissioner Palmer stated that the parking issue is not limited to the uses of the Marina Jack Restaurant and O'Leary's; that other facilities require parking such as boat slips and rental facilities. The Commission recessed at 3:12 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened as the Commission at 3:34 p.m. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 - APPROVED (AGENDA ITEM IV-A) CD 3:34 through 3:35 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Utility Relocation Agreement between the City of Sarasota and Sarasota Main Street, L.L.C., the developer of the recently approved 1350 Main Street mixed use project at the corner of Main Street and Palm Avenue. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Major Encroachment Agreement between the City of Sarasota and Sarasota Main Street, L.L.C., the developer of the recently approved 1350 Main Street mixed use project at the corner of Main Street and Palm Avenue. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Shared Access Agreement between the City of Sarasota, Hupp Retail Fruitville, LLC and Tenth Way Corporation regarding the Walgreens to be constructed at the corner of Fruitville and Beneva Roads. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Amendment to the BOOK 57 Page 28810 10/18/04 2:30 P.M. BOOK 57 Page 28811 10/18/04 2:30 P.M. Agreement for Engineering Services between the City of Sarasota and Dufresne-Henry, Inc., (RFP #01-71M) in the amount of $42,000 for the Payne Park Re-use Transmission Main Project. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Sixteenth Amendment to Agreement for Engineering Service between the City of Sarasota and Coastal Planning & Engineering, Inc., in the amount of $42,925 for the Lido Beach Renourishment Project. 6. Approval Re: Acquisition of 2500 Pershing Avenue for the expansion of Fredd "Glossie" Atkins Park. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 6, inclusive. Motion carried unanimously (5 to 0): : Atkins, yesi Bilyeu, yesi Palmer, yesi Servian, yes; Martin, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 03-4474) - ADOPTED, ; ITEM 2 (ORDINANCE NO. 04-4525) ADOPTED; ITEM 3 (ORDINANCE NO. 04-4537) - ADOPTED; ITEM 4 (ORDINANCE NO. . 04-4545) - ADOPTED (AGENDA ITEM IV-B) CD 3:35 through 3:39 1. Adoption Re: Second reading of proposed Ordinance No. 03-4474, amending Chapter 24, Article II, Division 2, Fire, of the Code of the City of Sarasota, amending the Firefighters' Pension Plan; etc. (Title Only). 2. Approval Re: Second reading of proposed Ordinance No. 04-4525, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending Section 24-61, definitions by amending the definition of Average Compensation and the definition of Police Officer; amending Section 24-63, Board of Trustees; amending Section 24-91, Deferred Retirement Option Plan; amending Section 24-92; Reemployment After Retirement; providing for severability of provisions; repealing all ordinances in conflict herewith; etc. (Title Only). 3. Approval Re: Second reading of proposed Ordinance No. 04-4537, amending and restating Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, Sections 24-96 through 24-117, inclusive, of the Code of Ordinances of the City of Sarasota; etc. (Title Only). 4. Approval Re: Second reading of proposed Ordinance No. 04-4545, creating an advisory board to be known as the Bobby Jones Golf Course Advisory Board; making findings; stating the purpose of the board; providing for the qualifications and terms of members; providing for the severability of parts hereof if declared invalid; etc. (Title Only). City Auditor and Clerk Robinson read proposed Ordinance Nos. 03-4474, 04-4525, 04-4537, and 04-4545 by title only. On motion of Vice Mayor Servian 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 unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes; Servian, yes. 7. UNFINISHED BUSINESS: CONTINUATION RE : VOTE CONCERNING THE RECOMMENDATION: OF THE LIDO BEACH FACILITY TASK FORCE TO PROCEED WITH THE NEXT PHASE REGARDING FUNDING AND A CAPITAL MASTER PLAN - APPROVE 1) RE-CHARTERING THE LIDO BEACH FACILITY TASK FORCE 2) ESTABLISHING THE LIDO BEACH FACILITY FOUNDATION, 3) EXPLORING ALL SOURCES OF POSSIBLE AND IMMEDIATE FUNDING COVERING CONSTRUCTION AND ONGOING OPERATIONS, I 4) OBTAINING FUNDING COMMITMENTS WHETHER PUBLIC/PRIVATE BOND ISSUES, GIVING PROGRAMS OR OUTRIGHT GIFTS, 5) COMPLETING THE CAPITAL PROJECT MASTER PLAN, 6) PRESENTING THE LIDO FACILITY TASK FORCE, PHASE I FINAL REPORT TO THE PARKS, / RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD FOR GUIDANCE, AND 7) REQUESTING THE CITY MANAGER TO ASSIGN STAFF AS NECESSARY (AGENDA ITEM VI-1) CD 3:39 through 4:07 Mayor Martin stated that the item is to continue consideration of the recommendation of the Lido Beach Facility Task Force (Task Force) to proceed with the next phase regarding funding and a Capital Master Plan. Mayor Martin continued that no motion is on the table; that a motion was made at the October 4, 2004, Regular Commission meeting but failed due to a tie vote, which is the reason the BOOK 57 Page 28812 10/18/04 2:30 P.M. BOOK 57 Page 28813 10/18/04 2:30 P.M. item has been placed on the current Agenda; that a new motion will be required at the current meeting. Mayor Martin further stated that a misunderstanding existed regarding his position and request for better clarity concerning the Task Force's recommendations; that Commissioner Atkins expressed concerns regarding the timing of the proposed projects; that continuing the efforts of the Task Force and the establishment of a trust fund to raise private funds to develop the property is supported; that the recommendations brought forward were not clear and raised more questions than were answered; that to fully support the recommendations with no Staff input or review by the Parks, Recreation and Environmental Protection Advisory Board would be irresponsible; that the intent is to convey the context of his concerns and request the Commission to proceed to consider the issue. The following people were signed up to speak: Chris Blue, Chair, Lido Beach Facility Task Force, 1844 Oak View Drive (34232), stated that re-entertaining the issue is appreciated; that joining him at the Commission table are former Mayor Mollie Cardamone, Jim Cooney, Diane Esthus, and Arnold Berns, as representatives of the Task Force. Mr. Blue continued that the Lido Beach Facility Task Force Phase I Final Report (Final Report) was a set of recommendations which supports an endeavor to recreate a once delightful and engaging City focal point; that returning the property to the rightful place, value and significance is important; that the current effort to renovate the Lido Pool is supported; however, the Lido Pool cannot survive alone; that additional amenities will be a draw to the Lido Pool; that an evolution is envisioned of the current Siebert Pavilion building with additional construction in and around the structure to become more community friendly and add to the functionality; that the construction of a fountain is envisioned for play and aesthetic purposesi that creating an area of splash/play for small children and of engaging visual pleasure for all will provide an allure for young and old; that a seashell is envisioned for small theatrical and musical pertormances; that the creation and ongoing maintenance of the Lido Beach Facility will be the product of efforts of a formal partnership comprised of City leadership, private commercial interests, and a foundation organized specifically in support of the facility; that moving forward is essential to determine a fundamental, ground level definition of the possible financial commitment; that a budgetary constraint and the guiding principles of the Final Report require completion of a capital master plan; that additional members whose primary contributions will come from expertise in major fund raising are required for the Task Force; that other member are required with expertise in full facility capital projects management; that working with the Administration is important; that the Task Force did not understand the desires of the Commission; that a further declaration of the Commission's desires concerning activities related to the Lido Pool is requested. Arnold Berns, President, The Historical Society of Sarasota County, P.O. Box 20589 (34276), stated that at the time The Historical Society of Sarasota County (Historical Society) requested the Lido Pool be renovated, the realization was the surrounding area and amenities must be upgraded for the Lido Pool to be successful and not be a drain on the City and County,i that transforming the area into a place residents would want to visit and utilize once again is necessaryi that the historical Lido Casino and its environs were important to Sarasota's past history, traditions, and culture; that the Commission has the power to provide a special amenity which will not only benefit yesterday's Sarasota but more importantly, will benefit today's Sarasota adults and children and tomorrow's future generations as well; that the community supports the restoration; that the belief is some individual and corporate benefactors would seize the opportunity to help; that the Commission's support is requested. Lorraine Garland, 1252 Center Place (34236), distributed copies of a petition entitled Lido Task Force's Work Rebuffed by City Commission, and stated that the petition concerns the 2 to 2 vote of the Commission regarding the Task Force's recommendations at the October 4, 2004, Regular Commission meeting; that work of an all volunteer Task Force for improving the Lido Beach facility was stopped; that the Task Force is not requesting funding from the City; that only encouragement and permission to seek funding for the restoration project were requested; and quoted from the petition as follows: We, the undersigned, believe that since tourism is Sarasota's major industry, it is imperative that the Commission not ignore the wide community consensus shown in the first phase of the task Force's work. Therefore, we ask the Commission to reconsider the vote and unanimously request that the task force work be continued. BOOK 57 Page 28814 10/18/04 2:30 P.M. BOOK 57 Page 28815 10/18/04 2:30 P.M. Ms. Garland continued that Sarasota is at a crucial point in its future; that some like and some do not like the current Downtown construction activity; that the majority of people agree the City should strive for glory; that most people visit Sarasota for several amenities such as the Van Wezel Performing Arts Hall, two world renowned beaches, and good schools; that children remember visiting Sarasota and may return to live or start a business; that the Lido Casino brought adults and children together for fun and pleasure; that restoration of the Lido Beach facilities will be of good service to the community; that Sarasota is a great City; that comments of an ungentlemanly nature should not be made at Commission meetings as the negative comments are remembered more than positive comments. Beth Dilworth, Member, Board of Directors of the Lido Residents Association, 246 Garfield Drive (34236), distributed for the record and quoted from a letter to the Commission dated October 18, 2004, indicating the Lido Beach Facility Task Force was charged with exploring the possibilities for the Lido Beach Pavilion, reported their findings, requested approval to continue researching the many options; residents seeking solutions to bring before the Commission is an excellent example of the type of partnerships the Commission should applaud; that the Board of Directors of the Lido Residents Association supports the recommendation the Task Force move to the next phase of the initiative seeking possibilities, creating a master plan and exploring various methods of funding, allowing the Task Force to develop more detail and specific information upon which to base future decisions regarding the Lido Pavilion; that the Commission is urged to approve the Task Force recommendation to move forward with the next phase of exploration. Clarence Brien, 419 West Cornelius Circle (34232), stated that he has lived in Sarasota for 25 years; that he took a Sunday tour of City parks; that the Lido Pool was previously damaged by Tropical Storm Gabrielle; that great plans were made to restore Lido Pool; that months will be required to restore the Lido Pool; that significant activity was not observed in the Lido Beach concession area; that a few picnic tables should be provided for family gatherings; that Clean changing facilities are necessaryi that an elaborate facility is not required; that the project should be simple and completed for people to use soon; that the area is a paradise which should be enjoyed. Mayor Martin stated that a concern is Public Works or Staff with expertise should review the facility as proposed; that many questions exist regarding the feasibility of design, permitting, and insurability; that the estimated cost of $1.2 million was questioned; that the cost may be considerably more; that a number of items require review prior to proceeding with the facilities as presented. Vice Mayor Servian stated that hopefully some of the concerns will be addressed in a motion. On motion of Vice Mayor Servian and second of Commissioner Palmer, it was moved to approve 1) re-chartering the Lido Beach Facility Task Force, 2) establishing the Lido Beach Facility Foundation, 3) exploring all sources of possible and immediate funding covering construction and ongoing operations, 4) obtaining funding commit tments whether public/private bond issues, giving programs, or outright gifts, 5) completing the capital project master plan, 6) presenting the Lido Facility Task Force, Phase I Final Report to the Parks, Recreation and Environmental Protection Advisory Board for guidance, and 7) requesting the City Manager to assign Staff as necessary. Vice Mayor Servian stated that the motion addresses all of the important issues; that the Task Force was organized a year ago at the request of the Commission; that the effort put forth is appreciated; that Architect W. Thorning Little is thanked for preparing the renderings for the facility; that tremendous support exists not only from the barrier island community but from the community at large; that discussions have addressed preserving the City's neighborhoods and natural resources; that the recommendations are perfect to preserve and enhance a neighborhood; that the City made a commitment to the County upgrading the entire facility would be considered at the time funds were requested to rebuild the Lido Pool; that the Lido Pool cannot be made a viable amenity if the area is not more attractive; that many people are not aware of the existence of the Lido Pool; that the Task Force is commended for the hard work. Commissioner Palmer concurred with Vice Mayor Servian; and stated that moving forward with the project is importanti that the Commission has received letters of support from the County Coalition of Neighborhood Associations (CONA), the Coalition of City Neighborhood Associations (CCNA), individuals, and residential groups; that a concern is the necessary support from the business community does not exist but should improve in the BOOK 57 Page 28816 10/18/04 2:30 P.M. BOOK 57 Page 28817 10/18/04 2:30 P.M. future; that in deference to Vice Mayor Servian's motion, in essence, other than being more general, no difference is observed from the motion made at the October 4, 2004, Regular Commission meeting; that the motion indicates the report was received, to proceed with Phase II, refer the report the to Parks, Recreation and Environmental Protection Advisory Board and to involve the Administration; that moving forward as rapidly as possible is pleasing; that broad based community support exists; that the project is important for the entire community; that Lido Beach is a regional beach which attracts significant tourism; that the area should be enlivened and brought back to the glory as in the 1940s, 1950s, and 1960s. Commissioner Atkins stated that bringing back the glory of the 1940s and 1950s is not desired as during the glory days he was not welcomed I the facility; that an explanation has been received; that Commissioner Palmer initially understood the intent of the Final Report; however, the Final Report was not previously as clear as tonight; that a concern is the manner in which the process will happen; that a concern is the Task Force is comprised of the same people who initiated the movement to restore the Lido Pool which has not yet occurred; that the project is supported and should move on expeditiously. Mayor Martin stated that the understanding is entirely different than was initially presented; that he was surprised Commissioner Palmer, who reviews items meticulously, moved sO quickly not only to accept the report but to move forward with no analysis whatsoever; that many questions regarding the specific construction of the facilities must be answered; that the City must move forward fully informed regarding the proposed project and other planned parks; that he is supportive and excited regarding the renovation of the facilities; that he and his wife contributed to the renovation of the Lido Pool; that a concern was the Commission was moving forward without being fully informed; that currently the Commission is moving forward while being fully informed. Mayor Martin called for a vote on the motion to approve 1) re- chartering the Lido Beach Facility Task Force, 2) establishing the Lido Beach Facility Foundation, 3) exploring all sources of possible and immediate funding covering construction and ongoing operations, 4) obtaining funding commitments whether public/private bond issues, giving programs, or outright gifts, 5) completing the capital project master plan, 6) presenting the Lido Facility Task Force, Phase I Final Report to the Parks, Recreation and Environmental Protection Advisory Board for guidance, and 7) requesting the City Manager to assign Staff as necessary. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. 8. PRESENTATION AND DISCUSSION RE: : REQUEST FOR LEASE AMENDMENT FOR MATTISON'S GRILLE WITHDRAWN (AGENDA ITEM VI- 2) CD 4:07 Mayor Martin asked the status of the item? City Manager McNees stated that the request has been withdrawn. 9. UNFINISHED BUSINESS: PROPOSED PAYNE PARK/SKATE PARK SUPPORT FACILITIES CONSENSUS FEES SHOULD NOT CURRENTLY BE IMPOSED L ASSURE THE COMMISSION RECEIVES FEEDBACK FROM THE SKATERS L AND REFORMULATE THE CONCEPT OF AN RFP ALL OF WHICH CAN BE REVIEWED BY THE PARKS, / RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD FOR SUBSEQUENT PRESENTATION TO THE COMMISSION (AGENDA ITEM VI-3) CD 4:07 through 5:20 Mayor Martin stated that the item is a presentation and discussion regarding the proposed Payne Park/Skate Park Support Facilities; and requested that Staff and the consultants come forward for the presentation. Mayor Martin asked the wishes of the Commission concerning çompletion of the afternoon session and hearing the Commission's consensus stated the afternoon session is extended to complete Agenda Item VI-3. Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, Pat Calhoon, Sports Facilities Manager, Kevin Rattigan, Architects Design Group, and Glendon Herbert, of Bellomo-Herbert and Associates, came before the Commission. Mr. Mountain stated that in accordance with the direction given by the Commission at the 2004/2005 budget workshops, Staff along with the Payne Park design consultant Bellomo-Herbert has developed a strategy to accelerate the. construction of needed support facilities for the Skate Park; that the proposed facilities include: formal parking, restrooms, pro shop, and food concessions; that the presentation to the Commission will include an overview of the proposed facilities, options for BOOK 57 Page 28818 10/18/04 2:30 P.M. BOOK 57 Page 28819 10/18/04 2:30 P.M. future operations of the facilities, a proposed user fee schedule, and a financing plan. Mr. Mountain referred to computer-generated slides of site plans regarding Payne Park and the Skate Park at Payne Park displayed on the Chamber monitors throughout the presentation; and stated that two slides have been added to the presentation indicating the Payne Park Master Plan and the elements included in the first phase of the construction of Payne Park. Mr. Herbert stated that the consultants and Staff have been working on the first phase development of the Payne Park Master Plan; that work on the first phase includes all the infrastructure requirements; that the major element of Payne Park is the pedestrian promenade; that two parking lots will be provided near the community center and the new tennis courts; that a parking lot will be constructed adjacent to the Skate Park; that the building component in the first phase includes a Skate Park building control structure and restroom; that the need for concession operations and activities was addressed; that the participants of the Skate Park had one type of concession need; however, an opportunity exists to provide for the general park user and also the possibility of capturing some of the working market in the surrounding area which spawned the development of the master planning of a separate concession building to serve both functions. Mr. Rattigan stated that Architects Design Group is pleased to assist the City and Bellomo-Herbert and Associates with the architecture; that the structures should be timeless to convey some of the sensitivity and issues of the Sarasota School of Architecture, openness, response to the climate, an honest and clear expression of the function, and the structural technology; that the initial building is an opportunity to set the groundwork of the future structures in the park; that the site is developed to capture some initial activity upon entering the park; that an opportunity existed to not only provide an operations building for the Skate Park but also to create other opportunities for the Skate Park and to capture some of the activity of the adjacent County government facilities; that the Skate Park and building are elevated; that the area would be fenced; that a small concession can be provided for selling skate apparel and equipment; that a small office will : be provided for the operator; that a restroom facility will be provided for the Skate Park users; that an opportunity exists to include a concession for a food service vendor which would provide activity for the Skate Park as well as the public and would provide the initial setting at the park on the grand walkway which will be extended as the park continues to develop; that a restroom facility will be provided outside the controlled fenced area; that two simple buildings will create the sense of enclosure for the initial arrival to the park and provide an informal activity area to initiate the park activities; that the buildings are simple concrete block and stucco buildings with a fabric canopy providing shelter from the sun and the rain; that an outdoor seating venue will be created for the café concession and part of the Skate Park. Mr. Mountain stated that a method to determine offsetting operating costs is to prepare a Request for Proposal (RFP) to determine public interest in operating a Skate Park facility; that Staff has prepared an RFP for issue subject to Commission approval; that a typical RFP structure is the City will provide the following items: existing skate park; proposed skate park buildings; restrooms; insurance on skate park building; maintenance of parking lot and exterior landscaping; and input and review of skate park waivers. Mr. Mountain continued that items not provided by the City are: furniture, fixtures and equipment for skate park, café and skate park building; utilities fees; vending machines; additional insurance; and interior/exterior maintenance. Mr. Calhoon stated that approximately one dozen facilities were researched; that a number of facilities comparable to the Payne Park Skate Park charge on a semi-annual basis; that the proposed skate park fee schedule is: Anticipated BOOK 57 Page 28820 10/18/04 2:30 P.M. BOOK 57 Page 28821 10/18/04 2:30 P.M. Rates Annual Revenue City Resident $20 2x/year $20,000 Sarasota County $30 2/year $21,000 Resident Out of area resident $40 2x/year $12,000 Daily Rate $8/day*session fee $ 5,000 Session Fee $72,000 Total $130,000 Mr. Calhoon continued that charging a fee is currently not appropriate as the only sanitary facility is a portable facility; that many skate parks are controlling use to sessions; that research indicates accidents occur at the time the skater becomes tired and during the last run; that people should rest; that accident numbers decreased at a skate park in Broward County subsequent to instituting a two-hour session period. Mr. Mountain stated that two options were developed; that many combinations of options are available depending on the response to the RFP and more information is gathered; that Option 1 is for the City to continues to operate the Skate Park and lese out the pro-shop and café with a proposed budget as follows: Revenues Expenditures Approved Budget $50,000 $250,000 Skate Park Fees $80,000 Net Concessions Revenues $24,000 Pro-Shop $2,000 Café $15,000 Capital Cost $215,500 Additional Revenues/ Expenditures $121,000 $215,500 Net Increased Cost $94,500 Mr. Mountain continued that Option 2 is for a leaseholder to operate the Skate Park, pro-shop and café with a proposed budget as follows: Revenues Expenditures Approved Budget $50,000 $250,000 10% of Gross Leasehold Revenues $34,800 Budgeted Revenues Not Realized $50,000 Offset of Budgeted Expenditures $250,000 Net revenue + Budgeted Offset $234,800 Capital Cost/Year $215,500 Net Income $19,300 Mr. Mountain further stated that the estimates are conservative; that the facilities can be built if the Commission chooses not to fund the remainder of Payne Park or postpone the funding for a future time; that the City can continue to operate the Skate Park; that the café can be leased; that the revenues from the café could be more than anticipated which would lower the operating costs and allow adjustment of the Skate Park fees. Vice Mayor Servian asked for clarification regarding the appropriate time to charge fees at the Skate Park. Mr. Calhoon stated that sanitary facilities superior to a portable toilet should be provided prior to charging a fee. Vice Mayor Servian stated that funding for permanent facilities may not occur for two years. Mr. Calhoon stated that is correct. Commissioner Palmer stated that the necessity to charge fees at some point was previously known; however, using the fees to pay for the café does not make sense; that the amenities are for the Skate Park and the general public. Mr. Calhoon stated that the fees would be used to reduce the current figure of $250,000 estimated to operate the facility; that RFP information from the private sector will assist in determining an appropriate fee structure. Commissioner Palmer asked for clarification regarding funding the remainder of Payne Park. Mr. Mountain stated that the first phase of Payne Park is unfunded; that the amenities in Phase 1A are included in the first phase of Payne Park; that a short term loan to build the facilities would not be necessary if the Commission funded the first phase of Payne Park through a method other than borrowing; that the attempt is to portray a manner in which the facilities can be built and offset the cost of the construction by borrowing the funds; that the proposed amenities would be included in the phased construction and would not be an issue if the first phase of Payne Park is funded by the Commission. BOOK 57 Page 28822 10/18/04 2:30 P.M. BOOK 57 Page 28823 10/18/04 2:30 P.M. City Manager McNees stated that pnilosopnically the last thing the City desires is for the skaters to subsidize a small café which has not been requested; that the idea is to provide a concession which is useful to skaters but could also draw traffic from the surrounding area and the park users to subsidize the Skate Park; that the skaters should not pay a fee to support a café. Mr. Calhoon stated that the first unofficial meeting of the Skate Park Advisory Committee was conducted today at City Hall; that the Committee will meet on a monthly basis to provide input on the process. Commissioner Bilyeu stated that the design should start with the users; and asked for clarification regarding session fees. Mr. Calhoon stated that the sessions will be for approximately two hours. Commissioner Bilyeu asked the length of time the skaters currently skate daily? Mr. Calhoon stated that a method for tracking the time does not currently exist. Commissioner Bilyeu asked the reason leasing the facilities would be more profitable than for the City to operate the facilities? Mr. Mountain stated that the City's costs would be more due to erring on the side of caution; that City employees and benefits would cost more than a private individual would payi that the Skate Park was designed based on public input; that a Skate Park administration building and restrooms are necessary; that a café is not necessary. Mr. Calhoon stated that the City may have the ability to operate the facilities at a profit; that further research is necessary to determine the feasibility of the City's operating the facilities without a significant cost; that a scholarship and volunteer programs will be implemented; that the attempt is to reduce operating expenses. City Manager McNees stated that City employees do not have the knowledge to stock a pro-shop; that a pro-shop owner may desire to open a branch at the Skate Park; that issuing an RFP will indicate the interest and willingness of individuals to lease a facility at the Skate Park. Commissioner Palmer stated that a concern is the perception of the recommendations becoming a reality; that the process should have commenced with skateboarders with the Skate Park Advisory Committee providing input concerning requirements for a skating facility; that information should be gathered from the users first and compared with information received from the RFP. The following people came before the Commission: Dave Malinsky, 2050 61st Street (34243), stated that he is opposed to a fee for the beautiful public Skate Park; that the Skate Park should remain free; that charging a fee will discourage people from using the Skate Park; that the Skate Park solved the problem of skateboarding Downtown; that the proposed fees are based on the number of people currently using the facility; that the number will decrease if a fee is imposed; that no other parks in the City require a fee; that the City is a victim of its own success; that going over budget is due to overstaffing; that mismanagement is a concern; that skateboarders will find an alternative area to skateboard if a fee is imposed at the Skate Park; that skateboarders should not be required to pay for additional amenities; that the appearance is the Skate Park will pay for the development of the entire Payne Park; that historically parks which charged fees failed; that for the City to profit from the people is not desired; that charging a higher fee for a non-City resident is unfair; and distributed a list of contacts experienced in operating skate parks who may provide information and expertise. Jake Loomis, 8315 62nd Street Court (34243), stated that a fear is charging an admission fee will alienate a large number of skaters; that people will find areas for skating which are free; that he was jailed twice for skating Downtown; that the youth market should be retained; that the majority of skate parks throughout the US are free; that four or five employees have been observed sitting and doing nothing at the Skate Park; that four or five employees are not required; that subsidizing a café is not desired. Chris Lilly, 4854 Stevens Drive (34234), stated that he owns a skateboard shop across the street from the Skate Park; that skateboarding associated businesses have congregated to the Skate Park area; that many young people have moved from Sarasota as living in Sarasota is not fun; that Sarasota offers little BOOK 57 Page 28824 10/18/04 2:30 P.M. BOOK 57 Page 28825 10/18/04 2:30 P.M. entertainment for young people; that Sarasota has become a retirement community; that the government should not compete with other businesses by operating a pro-shop; that some children pay to skate at another local park due to the treatment by the City employees at the Skate Park; that a minimal fee is not problematic; that selling hot dogs and sodas is acceptable; that a café is not necessary; that volunteers would reduce operating costs. Jeff Cook, 2200 38 Avenue West, Bradenton (34205), stated that he applauds the City for building the Skate Park designed by skaters and for skaters; that the Skate Park was built to help the skaters peacefully coexist with the community; that the skaters have a safe, legal place to skate; that charging a fee will put the skaters back on the streets; that the prospect is equated with the action of a drug dealer who gets people hooked for free and subsequently charges a fee; that he is opposed to charging any fee; that the skaters do not desire an on-site pro-shop or café; that hot dogs and soda are adequate; that no other public facilities require fees; that a skate park can be operated with one or. two employees rather than four or five; that the employees are good people; however, the number is unnecessary; that reducing the number of employees will offset operating expenses and would allow for the installation of music at the Skate Park; that creating a Skate Park Advisory Committee is supported. Clarence Brien, 419 West Cornelius Circle (34232), stated that he talked to skateboarders and parents; that the Skate Park is a beautiful facility; that he was proud of the positive behavior of the skaters; that the skaters indicated an operations building, a café, and a concession stand are not necessaryi that shade should be provided; that a deluxe restroom is not required; that trees should be planted at the Skate Park. Mitchell Weintraub, 521 Parkview Drive (34243), stated that he vacationed in Colorado and visited many skateboard parks; that none of the parks had a fee or employees; that children indicate a portable restroom is adequate; that the amenities should subsidize the Skate Park, not the reverse; that the Skate Park was built to protect the elderly and to prevent abuse to the scenery and architecture caused by skateboards; that his son skates every day which would be expensive if a fee is imposed; that a nominal yearly fee would be appropriate; that the skaters wanted a skate park; that additional fancy amenities are not required. John Tylee, Executive Director, the Downtown Partnership, 1818 Main Street (34236), stated a communication breakdown occurred regarding fees and future amenities; that correcting the miscommunication is appreciated; that a downtown and a community must be "funky" to be successful; that the Downtown is not funky; that amenities and entertainments must be provided for young people and professionals for the City to succeed; that otherwise the City will never retain the younger people and professionals which are necessary to diversify the economyi however, moving forward working in conjunction with the skateboarding community is a step forward the amount of support the community gives to facilities such as the Skate Park for younger people at the same level as for facilities for other age groups; that support for the younger age group is the most needed but the least well provided. Ashton Goggans, 414 Bayview Parkway, Nokomis (34275), stated that he represents the Compound Board Shop and Crosstown Skate Park located in south Sarasota and 17th Street; that Mr. Calhoon indicated skating sessions are recommended due to fatigue of the skateboarders; that the requirement for sessions at the Crosstown Skate Park is as only 35 people can skate at one time; that mismanagement of the Skate Park has been observed leading to building a private skate park; that a $5 admission fee is charged; that skaters complain about being asked to leave the Skate Park and poor maintenance; that a fee should be utilized to fix the current problems; that funds should not be expended for additional amenities; that a pro-shop on site is not appropriate; that costs can be reduced by reducing management; that one employee is sufficient; that skateboarding has been determined a hazardous sport; therefore, suing a skate park successfully for an injury is virtually impossible; that a lawsuit has not been filed in the past ten years against the County; that a liability issue does not exist; that charging any fee is opposed. Mayor Martin stated that the Commission received significant correspondence from individuals opposed to charging a fee; that Tito Porrata of Team Pain Skateparks, the designer of Sarasota's Skate Park, among others, indicated in an October 18, 2004, letter to the Commission the success of the City's Skate Park and the lack of success of other parks, particularly one in central Florida which charges a fee and is basically unused. Commissioner Palmer stated that important information has been given; that the Commission is not in a position to make any decisions at this time; that the issue should be referred to the Skate Park Advisory Committee and subsequently referred to the BOOK 57 Page 28826 10/18/04 2:30 P.M. BOOK 57 Page 28827 10/18/04 2:30 P.M. Parks, Recreation and Environmental Protection Advisory Board; that the process should begin at the appropriate level. Vice Mayor Servian and Mayor Martin concurred. City Manager McNees stated that the plans for the Skate Park indicate the café will be 300 square feet; that a grandiose tablecloth restaurant is not contemplated; that a small delicatessen or sandwich shop can be accommodated; that the exploration should continue during the RFP process to test the market and determine if the Staff's assumptions are good or bad; that the information can be taken to the working group to determine the direction in which to move forward. Vice Mayor Servian stated that receiving the input of the skaters is desired prior to issuing an RFP. Mayor Martin stated that discussions with skaters and parents indicate an issue with too much supervision and employees who are not well-trained; that one person can monitor by camera the entire Skate Park from the office; that one other person in the field would be adequate; that the number of accidents, the nature of incidents, and the number of skateboarders using the Skate Park should be reported; that an on-site survey is necessary; that a controversy has been the hours do not accommodate skaters after school or adults after work; that the current operation should be reviewed prior to any discussion of fees; that charging a fee is not supported. City Manager McNees stated that at the end of the first year, hearing Staff has over-supervised the Skate Park rather than under-supervised is pleasing; that no Staff members have previously operated a skate park; that a personal problem does not exist if Staff was overly concerned and overly conservative in having too many rules; that the Sports Facilities Department will now manage the Skate Park; that the input of the skaters is appreciated. Commissioner Atkins stated that he has observed activity at the Skate Park; that charging a fee will result in more skaters on the streets; that no decision should be made until Eurther research is conducted. Commissioner Bilyeu stated that entertainment for children is often expensive; that Sarasota Police Department records indicate skateboard violations have increased by 75 percent since the opening of the Skate Park; that since October 31, 2003, a 57 percent increase has occurred in the number of cases involving skateboard populations handled by the Sarasota Police Department; that the issue should have been presented to the Parks, Recreation and Environmental Protection Advisory Board first; that the Commission should have not embarrassed itself; that a policy should be established if Staff does not follow prescribed procedures; that the public input received should be addressed. Vice Mayor Servian stated that a feedback system from the users of the Skate Park should be developed to assure the Commission is aware of problems the users are experiencing; that she was unaware of the problems indicated by the speakers; that a concern is hearing problems exist which are not addressed; that a mechanism should be created for the skaters to communicate with the Commission. Mayor Martin stated that a Commission meeting with the skaters at the Skate Park would be appropriate. Mayor Martin continued that hearing the Commission's consensus fees should not currently be imposed, assure the Commission receives feedback from the skaters, and reformulate the concept of an RFP all of which can be reviewed by the Parks, Recreation and Environmental Protection Advisory Board for subsequent presentation to the Commission. The Commission recessed at 5:20 p.m. and reconvened at 6:00 p.m. 10. COMMISSION PRESENTATION RE: : PROCLAMATION TO BARBARA PAGE OF EPILEPSY SERVICES OF SOUTHWEST FLORIDA, INC. PROCLAIMING THE MONTH OF NOVEMBER AS NATIONAL EPILEPSY MONTH (AGENDA ITEM XII-1) CD 6:05 through 6:07 Mayor Martin requested that Barbara Page, of Epilepsy Services of Southwest Florida, Inc., join him and the Commission at the Commission table for the presentation; and read in its entirety the Proclamation declaring the month of November 2004 as National Epilepsy Month. Ms. Page stated that the Commission is thanked for helping to raise awareness toward the neurological disorder called epilepsy; that her job is prevention and education in three counties; that myths and misunderstandings concerning epilepsy still exist in 2004; that living with the disorder is BOOK 57 Page 28828 10/18/04 2:30 P.M. BOOK 57 Page 28829 10/18/04 2:30 P.M. frustrating; that living with the stigma of epilepsy is most frustrating; that the proclamation and recognition are appreciated. Mayor Martin expressed thanks to Ms. Page for the work conducted in the community. 11. COMMISSION PRESENTATION RE: PROCLAMATION TO ROBERT COPPENRATH, UNITED NATIONS ASSOCIATION PRESIDENT, I AND DOROTHY WATSON, VICE PRESIDENT OF UNITED NATIONS ASSOCIATION, PROCLAIMING OCTOBER 24, 2004, AS UNITED NATIONS DAY (AGENDA ITEM XII-2) CD 6:07 through 6:12 Mayor Martin requested that Robert Coppenrath, President, of United Nations Association, and Dorothy Watson, Vice President of United Nations Association, join him and the Commission at the Commission table for the presentation; and read in its entirety the proclamation declaring October 24, 2004, United Nations Day. Ms. Watson stated that the proclamation and recognition are appreciated. Mr. Coppenrath stated that being present before the Commission is an honor; that the proclamation is appreciated; that the recognition of the vital existence and presence of the United Nations is appreciated; that the local Sarasota Chapter of the United Nations will conduct a model United Nations on October 25, 2005; that preparations are underway for the 60th anniversary of the United Nations which will take place in 2005; that the honor received by the Commission will be communicated to the United Nations membership. Ms. Watson stated that an invitation is extended to attend the Model United Nations Security Council Simulation event at Sudakoff Hall on the campus of New College of Florida on October 25, 2004, at 5:30 p.m.; that everyone is welcome to attend; that an international reception will be held following the program; that the program will have interesting participants; that a Commissioner participated in the program last year; that the program will continue to feature interesting community leaders; that some special guests will attend such as Judge Greg Mathis and some university professors; that families and friends are encouraged to attend; that the goal is to live up to the mandate of the United Nations Association which is to teach Americans how and why the United States participates in the United Nations. Mayor Martin referred to the Model United Nations advertisement and flag displayed on the Chamber monitors; and stated that the title of the Model United Nations Security Council Simulation is the role of the United Nations in Iraq which is obviously a timely and important issue; that the forum will be fascinating; that everyone is encouraged to attend. 12. SCHEDULED PRESENTATIONS RE: ECONOMIC DEVELOPMENT CORPORATION REGARDING THE CREATION OF A SARASOTA COUNTY ECONOMIC DEVELOPMENT CORPORATION REFERRED TO THE ADMINISTRATION TO: 1) BRING FORWARD AN APPROPRIATION AT THE NOVEMBER 1, 2004, REGULAR COMMISSION MEETING AND 2) ADD AN AGENDA ITEM CONCERNING OCCUPATIONAL LICENSE TAX REVENUES FOR DISCUSSION ON THE NEXT JOINT CITY /COUNTY MEETING (AGENDA ITEM XIII-1) CD 6:12 through 6:20 Mayor Martin stated that the item is a presentation concerning the Economic Development Corporation regarding the creation of a Sarasota County Economic Development Corporation. Brian Meurs, Chairman of the Board, and Kathy Baylis, President, Economic Development Corporation of Sarasota County, came before the Commission. Ms. Baylis stated that she is President of the new Economic Development Corporation; that being present before the Commission is an honor. Mr. Meurs stated that the opportunity to speak is appreciated; that a history and current status of the Economic Development Corporation and economic development in Sarasota County will be provided; that the new plan was developed in 2003/2004 with input from across the Countyi that the new plan has four key focus areas which are: 1) cluster development, 2) innovation and entrepreneurship, 3) business client improvements, and 4) collaboration and cooperation intra-county and regionally; that collaboration and coordination drove the reorganization of economic development to the area; that during the study the consultants observed the significant tourism factor of the area and the fact collaboration was nonexistent; that consequently, one of the consultant's recommendations was to form the Tourism Economic Development Board (TEDB); that the TEDB is the public sector side of the organization; that Commissioner Atkins serves BOOK 57 Page 28830 10/18/04 2:30 P.M. BOOK 57 Page 28831 10/18/04 2:30 P.M. on the TEDB Board; that economic development and tourism are publicly sitting together; that the Economic Development Corporation of Sarasota County was formed as the implementing organization for the plan itself; that representatives from throughout the County are on the 29 member TEDB Board which includes members from the Chamber of Commerce and representatives of all of the five municipalities in the County; that the Economic Development Corporation has broad representation; that the Economic Development Corporation has been meeting on a regular basis throughout the summer of 2004; that two four-hour planning sessions were also held to become ready to begin performing the function of administering economic development for Sarasota County; that administering economic development began on October 1, 2004; that everyone has come together enthusiastically, that the response from businesses and government has been extremely pleasing. Mr. Meurs referred to the Interlocal Agreement Providing for the Administration of Joint County/Municipalities Economic Development Program, included in the Agenda backup material, and continued that a key point of the Interlocal Agreement each municipality and the County are agreeing to pay $1 per capita of the population per year which is based on the April 2003 estimate from the Bureau of Economic and Business Research; that for the City of Sarasota the amount equates to $54,414 for fiscal year (FY) 2005; that the funds will be deposited into the Economic Development Trust Fund; that the Economic Development Corporation agrees to work through the members of the TEDB to develop the program and budget for economic development; that the Economic Development Corporation is jointly accountable to the municipalities and the County through the TEDB; that the County will act as the administrative agent for the contract of the Economic Development Corporation. Ms. Baylis stated that Vice Mayor Servian has been serving on the Economic Development Corporation Board through the summer of 2004 and has been extremely involved with the planning for the new group; that Vice Mayor Servian's efforts are appreciated. Mayor Martin stated that Vice Mayor Servian has kept the Commission apprised of the progress; that the presentation and the efforts of Ms. Baylis and Mr. Muir are appreciated. Vice Mayor Servian stated that the Commission's consensus is requested for the Administration to bring back an appropriation sO the City can join the rest of the municipalities in supporting economic development in Sarasota County. Commissioner Palmer stated that the efforts of the Economic Development Corporation are appreciated; that a concern is the City's funds to support the Economic Development Corporation will come out of the General Fund; that allocating the funds is strongly supported; that the difficulty is the County is contributing funds from Occupational License Tax revenues as well as additional funds from its General Fund; that the City of Sarasota in essence will be paying twice; that the City receives approximately $13,000 from the County's Occupational License Tax revenues; that the amount received by the City in the past was approximately $60,000 which would have been sufficient to cover the entire cost sO an allocation from the General Fund would not be necessary and the City's taxpayers would not end up paying twice; that a request is to place the issue on the Agenda for the joint City/County meeting to follow through with the discussion. Mayor Martin stated that hearing the Commission's, the issue is referred to. the Administration to bring forward an appropriation at the November 1, 2004, Regular Commission meeting and the Administration is requested to add the Agenda item for discussion on the next joint meeting of the City and County Commissions. Commissioner Palmer stated that the efforts of the Economic Development Corporation are appreciated. Mayor Martin agreed. 13. SCHEDULED PRESENTATION RE: : REQUEST FOR THE CITY'S CONTRIBUTION TO THE WHITAKER BAYOU SPECIAL ASSESSMENT RECEIVED UPDATE (AGENDA ITEM XIII-2) CD 6:20 through 6:27 Mayor Martin stated that the item concerning a special assessment for dredging Whitaker Bayou was previously scheduled under Unfinished Business as Agenda Item VI-4; that the presenters have requested the item be considered as a Scheduled Presentation as an update concerning the Whitaker Bayou Special Assessment; that the item will be heard as Agenda Item XIII-2. Tony DeLoach, Whitaker Bayou Maintenance Project, LLC, came before the Commission and stated that the Commission is thanked for the opportunity to provide the update; that a change to the original approach will be presented; that the original plan was to provide a presentation and a request for a City contribution; BOOK 57 Page 28832 10/18/04 2:30 P.M. BOOK 57 Page 28833 10/18/04 2:30 P.M. however, many speakers could not be in attendance sO an update will be provided at this time. Mr. DeLoach referred to a map of Whitaker Bayou displayed on the Chamber monitors; and continued that the Whitaker Bayou Project includes the waterway from the west entrance of Whitaker Bayou on Sarasota Bay extending to the Dr. Martin Luther King, Jr., bridge and potentially beyond to the Myrtle Avenue bridge; that the project has undergone many transformations, budget restraints, and studies; that the project began two years ago; that the project originally began with some private individual homeowners approximately three to four months prior to the involvement of developers in the area to assist with private funding for the soft costs for the studies and requirements for the permits; that local property owners were contacted, which is a requirement to set up the local taxing district; that the results for requesting 100 percent funding by the private residents involved was low to poor; that the Commissioners are aware of the earlier meetings which were conducted with the neighborhood associations; that a shared approach was reached for the Whitaker Bayou concept which involved requesting contributions from some source, developer contributions in excess of legally required contributions, and one third of the portion to come from the property owners originally involved in the project. Mr. DeLoach further stated that a cost allocation based on the City financial plan for the previously approved Hudson Bayou project, which is similar to the proposed Whitaker Bayou project, was calculated; that the favorable response from the residents, which must be 50 percent plus 1 for a successful petition, has been surprisingly strong, which is however contingent upon raising contribution funds to help lower the cost of the project; that additional cost lowering efforts are ongoing with the project; that the project faces economic problems such as increased fuel, shipping, and labor costs, etc.; that costs have been driven down; however, by waiting to begin the project some issues may drive the cost of the project higher; that a grant specialist is under contract to assist in preparing grants strictly funded by commissions or are fee based only for successi that the grant underwriter would only be paid if successful in raising grant funds for the project, which was an early request of the Commission; that some specific benefits are available to the Parks and Recreation Department in Dr. Martin Luther King Jr., Park; that a floating dock system for kayaking and boating is being constructed; that additional benefits are available to the Ringling School of Art and Design due to the contribution: of time spent in an attempt to clean up Whitaker Bayou; that the original study performed in 1993 by Mote Marine Laboratory and Aquarium (Mote Marine) was revisited; that Mote Marine has conducted and completed another study; that the information was submitted to the Commission and Staff; that Mote Marine continues to support the dredging of Whitaker Bayou, which normally would not be supported; and quoted the Mote Marine study as follows: [Whitaker Bayou] is a severe.y stressed environment and it supports a very minimum amount of species currently to date. Mr. DeLoach stated further that the environment is impacted in terms of high water during rainfall events, the flushing of Whitaker Bayou, the high sediments, the high solids which exceed the standards for solids entering into Sarasota Bay mainly due to a buildup of sediments and solids which have accumulated from stormwater runofi; that Sarasota County reported 3.2 million pounds of solids are discharged into Whitaker Bayou and only 200 thousand pounds of solids are properly captured; that the remaining 3 million pounds actually go into Whitaker Bayou which acts as a de facto sediment basin, periodically requiring cleaning; that Whitaker Bayou has not been cleaned; that increased rainfalls, and the recent four hurricanes have created a dust cloud as the water from Whitaker Bayou enters into the Sarasota Bay and onto the sea grass and marine habitat; that the Whitaker Bayou dredging project will have environmental benefits, parks and recreational benefits, property owner benefits, and developer benefits; that the project is unique and has dynamic issues; that everyone involved supports the idea of dredging Whitaker Bayou; that the problem is the cost of the project. Mayor Martin requested that City Attorney Fournier explain the quasi-judicial public hearing process. City Attorney Fournier stated that seven quasi-judicial public hearings are on the Agenda; that the first four quasi-judicial public hearings are City-initiated and could at the discretion of the Commission be consolidated since all pertain to zoning enclave rezones and have been the subject of one previous public hearing by the Commission and one previous public hearing by the Planning Board/Local Planning Agency (PBLP) in accordance with the procedure under Chapter 166, Florida Statutes, for City- initiated rezones; that the requirements of quasi-judicial public hearings were defined by the judicial process; that BOOK 57 Page 28834 10/18/04 2:30 P.M. BOOK 57 Page 28835 10/18/04 2:30 P.M. during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have the opportunity to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross-examination, that time limits will be established at the appropriate time. Mayor Martin requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers, at the non quasi-judicial public hearings and other interested persons at the quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 14. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4542, TO REZONE + 1.3 ACRES FROM THE INDUSTRIAL LIGHT WAREHOUSING (ILW) ZONE DISTRICT TO THE OFFICE COMMUNITY DISTRICT (OCD) ZONE DISTRICT; SAID PARCELS BEING LOCATED AT 295 AND 301 SOUTH SCHOOL AVENUE; THE PURPOSE OF THIS REZONING IS TO IMPLEMENT THE SARASOTA CITY PLAN (1998); ALL OF THE ABOVE DESCRIBED PROPERTIES ARE IN THE COMMUNITY OFFICE INSTITUTIONAL FUTURE LAND USE CLASSIFICATION AND THE PROPOSED OFFICE COMMUNITY DISTRICT (OCD) ZONE DISTRICT IS AN IMPLEMENTING ZONE DISTRICT FOR THIS CLASSIFICATION; SAID PROPERTIES BEING MORE PARTICULARLY DESCRIBED HEREIN, : SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT : PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF, ; ETC. (TITLE ONLY) (APPLICATION NO. 04-RE-12, APPLICANT CITY OF SARASOTA) = ADOPTED (AGENDA ITEM XIV-B-1) AND QUASI-JUDICIAL SECOND PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4559, TO REZONE A + 0.11 ACRE PARCEL FROM THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT TO THE COMMERCIAL GENERAL DISTRICT (CGD) ZONE DISTRICT; SAID PARCEL BEING LOCATED AT 1995 N. TAMIAMI TRAIL; THE PURPOSE OF THIS REZONING IS TO IMPLEMENT THE SARASOTA CITY PLAN (1998); ALL OF THE ABOVE DESCRIBED PROPERTY IS IN THE COMMUNITY COMMERCIAL FUTURE LAND USE CLASSIFICATION AND THE PROPOSED COMMERCIAL GENERAL DISTRICT (CGD) ZONE DISTRICT IS AN IMPLEMENTING ZONE DISTRICT FOR THIS CLASSIFICATION; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT; i PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) (APPLICATION NO. 04-RE-14, APPLICANT CITY OF SARASOTA) - ADOPTED (AGENDA ITEM XIV-B-2) AND QUASI-JUDICIAL SECOND PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4561, TO REZONE + 1.35 ACRES FROM THE COMMERCIAL INTENSIVE (CI) AND RESIDENTIAL MULTIPLE FAMILY-3 (RMF-3) ZONE DISTRICTS TO THE COMMERCIAL NEIGHBORHOOD DISTRICT (CND) ZONE DISTRICT; SAID PARCELS BEING LOCATED AT 700 AND 711 SOUTH OSPREY AVENUE AND 1713 NOVUS STREET; ; THE PURPOSE OF THIS REZONING IS TO IMPLEMENT THE SARASOTA CITY PLAN (1998); ALL OF THE ABOVE DESCRIBED PROPERTIES ARE IN THE NEIGHBORHOOD COMMERCIAL FUTURE LAND USE CLASSIFICATION AND THE PROPOSED COMMERCIAL NEIGHBORHOOD DISTRICT (CND) ZONE DISTRICT IS AN IMPLEMENTING ZONE DISTRICT FOR THIS CLASSIFICATION SAID PROPERTIES BEING MORE PARTICULARLY DESCRIBED HEREIN; SETTING FORTH FINDINGS : REPEALING ORDINANCES IN CONFLICT, ; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 04-RE- 15, APPLICANT CITY OF SARASOTA) - ADOPTED (AGENDA ITEM XIV- B-3) AND QUASI- JUDICIAL SECOND PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4572, TO REZONE + 7.8 ACRES FROM THE INDUSTRIAL LIGHT WAREHOUSING (ILW) ZONE DISTRICT TO THE RESIDENTIAL MULTIPLE FAMILY-4 (RMF-4) ZONE DISTRICT; SAID BOOK 57 Page 28836 10/18/04 2:30 P.M. BOOK 57 Page 28837 10/18/04 2:30 P.M. PARCELS BEING LOCATED AT 325, 575, 581 AND 601 SOUTH SCHOOL AVENUE; ; THE PURPOSE OF THIS REZONING IS TO IMPLEMENT THE SARASOTA CITY PLAN (1998); ALL OF THE ABOVE DESCRIBED PROPERTIES ARE IN THE MULTIPLE FAMILY (MEDIUM DENSITY) FUTURE LAND USE CLASSIFICATION AND THE PROPOSED RESIDENTIAL MULTIPLE FAMILY-4 (RMF-4) ZONE DISTRICT IS AN IMPLEMENTING ZONE DISTRICT FOR THIS CLASSIFICATION; SAID PROPERTIES BEING MORE PARTICULARLY DESCRIBED HEREIN, ; SETTING FORTH FINDINGS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) (APPLICATION NO. 04-RE-07, APPLICANT CITY OF SARASOTA) - ADOPTED (AGENDA ITEM XIV-B-4) CD 6:31 through 6:45 City Attorney Fournier stated that two individuals have applied for and complied with the rules for obtaining Affected Person status for the first four City-initiated quasi-judicial public hearings; that two have been filed by Myron Nickel concerning Agenda Item XIV-B-1, which is regarding proposed Ordinance No. 04-4542 and one concerning Agenda Item XIV-B-4, which is regarding proposed Ordinance No. 04-4572; that one has been filed by Marjorie Mckeever concerning Agenda Item XIV-B-3, regarding proposed Ordinance No. 04-4561. Deputy City Auditor and Clerk stated that the Affected Persons have not signed up to speak. City Attorney Fournier stated that the recommendation for the consolidated time limits is to allow 10 minutes for the presentation of the Applicant, which is the City; that members of the public will have 5 minutes to speak; that individuals certified by the Commission as Affected Persons will have 7 minutes to speak; however, the Affected Persons are not present in the Chambers at this time. Mayor Martin stated that hearing no objections, the recommended time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Martin, Vice Mayor Servian and Commissioners Atkins, and Bilyeu stated that no ex parte communications have occurred. Commissioner Palmer stated that she attended Pioneer Day on Sunday, October 17, 2004; that a conversation was held with Joe Lovingood; that details of the project were not discussed; that the overall Commission support for the rezoning at the first public hearing was discussed. Mayor Martin opened the public hearings and requested that Staff come forward for the presentation. Harvey Hoglund, Senior Planner, and Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission. Mr. Parsons referred to an aerial photograph, the Future Land Use Map and the Zoning/Subdivision Map, indicating the subject area of proposed Ordinance No. 04-4542, displayed on the Chamber monitors; and stated that the property is located on the east side of School Avenue; across from Payne Park; that the rezoning involves two parcels; that the aerial map date is from 2003; that the Skate Park is indicated in the northern portion of the site; that the remainder of the site will become Payne Park; that the two parcels are bifurcated by a road which is an entrance way into the public shopping center; that the Future Land Use Map is the basis for the rezoning; that the property is designated in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) in the Community Office/Insticutional Future Land Use classification; that the existing zoning of the Industrial Light Warehousing (ILW) Zone District is not among the implementing Zone Districts of the Community Office/Institutional Future Land Use Classification; that the four City-initiated rezonings are part of an ongoing City process to evaluate enclave sites for consistency with the City's Comprehensive Plan; that proposed Ordinance No. 04-4542 is to rezone 1.3 acres located at 295 and 301 South School Avenue from the ILW Zone District to the Office Community District (OCD) Zone District. Mr. Hoglund referred to the Zoning/Subdivision Map and the Future Land Use Map regarding Rezone Application No. 04-RE-14, displayed on the Chamber monitors, also included in the Agenda backup material; and that proposed Ordinance No. 04-4559 is a rezoning of a 0.11 acre parcel located at 1995 North Tamiami Trail from the Commercial Intensive (CI) Zone District to the Commercial General District (CGD) Zone District; that the property is located on the south bank of Whitaker Bayou, on the west side of Tamiami Trail; that a billboard currently exists on the property which is likely the only use possible as a free standing property; that neighborhood meetings were held; that no response was received concerning the rezoning; that due process BOOK 57 Page 28838 10/18/04 2:30 P.M. BOOK 57 Page 28839 10/18/04 2:30 P.M. has run the appropriate coursei that Planning Staff recommends approval of proposed Ordinance No. 04-4559. Mr. Hoglund referred to the oming/Subdivision Map and the Future Land Use Map regarding Rezone Application No. 04-RE-15 displayed on the Chamber monitors and included in the Agenda backup material; and continued that Rezone Application No. 04- RE-15 as incorporated in proposed Ordinance No. 04-4561 pertains to a City initiated rezoning of 1.35 acres comprised of two parcels located at 700 and 711 South Osprey Avenue from the Commercial Intensive (CI) to the Commercial Neighborhood District (CND) Zone District, and another parcel located at 1713 Novus Street from the Residential Multiple Family 3 (RMF-3) Zone District to the Commercial Neighborhood District (CND) Zone District; that the parcels are on the edge of the Laurel Park neighborhood; that an automobile dealership existed on the east side of the site; that the automobile dealership building has been renovated; that a dry cleaning business presently exists on the west side of the site; that one parcel is currently vacant; that the properties are in the Neighborhood Commercial Future Land Use Classification; that Staff's recommendation is to rezone all three properties to the CND Zone District, which is an implementing zone district of thé Neighborhood Commercial Future Land Use Classification. Mr. Parsons referred to an aerial photograph, the Future Land Use Map and the oning/Subdivision Map, indicating the area of proposed Ordinance No. 04-4572 displayed on the Chamber monitors; and stated that the property is directly south of the previous enclave rezone site and involves four. properties; that the proposal is to rezone 7.8 acres located at 325, 575, 581 and 601 South School Avenue which is directly east of Payne Park, from the ILW Zone District to the Residential Multiple Family-4 (RMF-4) Zone District; that the parcel has active warehouse uses; that the property is zoned in the ILW Zone District similar to the properties north of the site; that the proposal is to rezone the property from the ILW Zone District to the Residential Multiple Family 4 (RMF-4) Zone District which will be consistent with the Euture Land Use Map. Commissioner Palmer asked for Clarification of the location of the property. Mr. Parsons stated that the parcels are indicated as a triangular shaped area which travels along some railroad tracks and fronts on School Avenue. There was no one signed up to speak and Mayor Martin closed the public hearings. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4542 by Title only. On motion of Commissioner Bilyeu and second of Vice Mayor Servian, it was moved to adopt proposed Ordinance No. 04-4542. Mayor Martin requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4559 by Title only. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to adopt proposed Ordinance No. 04-4559. Mayor Martin requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4561 by Title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Ordinance No. 04-4561. Mayor Martin requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4572 by Title only. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to adopt proposed Ordinance No. 04-4572. BOOK 57 Page 28840 10/18/04 2:30 P.M. BOOK 57 Page 28841 10/18/04 2:30 P.M. Mayor Martin requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4556, TO REZONE THE SOUTHERN 0.95 ACRE PORTION OF A TOTAL 1.08 ACRE SITE LOCATED AT 1515 AND 1551 FRUITVILLE ROAD FROM THE COMMERCIAL GENERAL (CG) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; SAID PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF FOURTH STREET AND LEMON AVENUE; SAID REZONING BEING SUBJECT TO PROFFERED CONDITIONS TO LIMIT USES, INTENSITY, ACCESS AND PARKING FOR FUTURE DEVELOPMENT ; ETC. f (TITLE ONLY) (APPLICATION NO. . 04-RE-10, APPLICANT JOEL J. FREEDMAN, - AICP, FREEDMAN CONSULTING DEVELOPMENT / LLC, AS AGENT REPRESENTING CHURCHILL/ S FURNITURE, INC. AS OWNER, AND LEMON AVENUE, LLC, AS CONTRACT VENDEE) PASSED ON FIRST READING (AGENDA ITEM XIV-B-5) CD 6:45 through 7:07 Mayor Martin stated that proposed Ordinance No. 04-4556 is to rezone the southern approximate 0.95 acre portion of a total 1.08.acre site located at 1515 and 1551 Fruitville Road from the Commercial General (CG) Zone District to the Commercial Central Business District (C-CBD) Zone District; and asked if any individuals have applied for Affected Person status? City Attorney Fournier stated that the following person applied for and complied with the rules for obtaining Affected Person status but has not signed up to speak: Tim Clark, Chief Executive Officer and owner, Clark Advertising and Public Relations Mayor Martin requested that Commissioner ex parte communications, if any, for the remaining three quasi-judicial public hearings be disclosed. Mayor Martin, Vice Mayor Servian and Commissioners Atkins, Bilyeu, and Palmer stated that no ex parte communications have occurred. City Attorney Fournier continued that the recommendation is to allow 10 minutes for the Applicant's presentation and 7 minutes for Staff's presentation; that other interested persons will have 5 minutes to speak. Mayor Martin stated that hearing no objections, the recommended time limits are approved; opened the public hearing and requested that the Applicant come forward for the presentation. Joel Freedman, AICP, Freedman Consulting Development, LLC, as agent representing Churchill's Furniture, Inc., as owner, and Lemon Avenue, LLC, as contract vendee, and Michael Furen, law firm of Icard, Merrill, Cullis, Timm, Euren, and Ginsburg, came before the Commission. Mr. Freedman referred to an aerial photograph and a Zoning Map of the area displayed on the Chamber monitors; and stated that the address of the property is 1515 and 1551 Fruitville Road and is located at the northeast corner of Lemon Avenue and Fruitville Road; that the property is currently zoned in the Commercial General (CG) Zone District; that the land use classification of the property is split on the Future Land Use Map; that the northern 60 feet is designated in the Downtown Urban General Future Land Use Classification; that the southern portion is designated in the Downtown Urban Mixed Use Future Land Use Classification; that the application was submitted prior to the adoption of the new City of Sarasota Downtown Code (Downtown Code); that the request is for a rezoning to the Commercial Central Business District (CCBD) Zone District for the portion of the property on the south side which is designated in the Downtown Urban Mixed Use Future Land Use Classification; that the intent is to develop the northern 60 feet under the existing zoning of the CG Zone District; that the Zoning Map indicates the Commercial Intensive (CI) Zone District to the north; that the CI and CG Zone Districts exist to the west; that properties in the CG Zone District also exist to the east. Mr. Freedman continued that his client is planning to construct an office building on the site; that at the time the application was submitted the timing for the new Downtown Zone Districts was not known; that the proffer includes the property which is the subject of the application, the building on the southern portion and the CCBD Zone District portion; that the building will be limited to five stories as defined in the new Downtown Code; that the size of the building will be limited to 100,000 square feet of floor area; that the floor area will be made up of a BOOK 57 Page 28842 10/18/04 2:30 P.M. BOOK 57 Page 28843 10/18/04 2:30 P.M. variety of uses; that one use will be a bank on the ground floor; that a bank drive through must be approved as a major conditional use; that the most intense use was considered at the time the traffic analysis was conducted; that a conditional use for the bank drive through will be brought back during the site plan approval process; that another use being proposed for the ground floor is a 150 seat restaurant which would be approximately 5,000 square feet; that the remainder of the building would be office use; that a parking structure integrated into the building will be constructed; that sufficient parking will be constructed for the proposed uses; that the proffer includes no vehicular access would occur on Fourth Street which is consistent with the new Downtown Code indicating Fourth Street as a primary street; that a commitment was made to the Planning Board/Local Planning Agency (PBLP) indicating no intention of requesting to vacate the north/south running alley; that the alley will remain open for pedestrian and vehicular traffic; that Mr. Clark, the Affected Person, was concerned since businesses are owned in the area of the alley. Attorney Euren stated that the proposed Ordinance as written indicates the alley must remain open which is totally supported; that some vacation may be necessary to have an elevated connector between the two parcels which are bisected by the street; that if the City or the Applicant owns the alley is not known; that the language in the proposed Ordinance indicates the alley will not be closed to protect the Applicant against any future issues; that maintaining the right to vacate the area of airspace must be available to connect the two components. Mr. Freedman stated that he has been practicing planning in the community for a long time; that an attempt has been made to develop the proposal in a way to achieve consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that the site plan is being finalized at this time and will be submitted shortly; that the site plan will be consistent with the Zoning Code (2002 Ed.) and the Tree Protection Ordinance; that the belief is the Commission will support and approve the rezoning with the proffers as proposed. Attorney Euren stated that based upon the professional opinion of Mr. Freedman, the assumption is the Application has been reviewed within the context of the City's Comprehensive Plan and applicable standards for review in the Zoning Code (2002 Ed.) and is found in compliance. Mr. Freedman stated that is correct; that he also concurs with Staff's analysis. Commissioner Palmer asked for clarification regarding which provisions of the Zoning Code (2002 Ed.) and' the new Downtown Code are being met, specifically with regard to parking. Mr. Freedman stated that the property will be developed consistent with the CCBD Zone District regulations; that the building will be designed in compliance with the new approach to development in the Downtown; that parking standards will be under the previous CCBD Zone District requirements. Commissioner Palmer stated that the entire Downtown will be rezoned soon; that the property will be noncontorming if the rezone request to the CCBD Zone District is granted; that the possibility exists for the Applicant to come back during the, Downtown rezonings and urge the Commission to allow the property to remain in the CCBD Zone District; that many issues will arise. Attorney Furen stated that if the Applicant will come in and suggest the property should remain in the CCBD Zone District cannot be confirmed at this time; that the timing issue must be addressed; that moving forward in a timely manner with site plan approval prior to any rezoning of the property is necessary. Mr. Freedman stated that site plan approval is anticipated at the beginning of 2005 which is long before the City will be rezoning the Downtown; that the Applicant will be under a binding site plan at the time. Commissioner Palmer stated that if the zoning is changed on the particular property, then the Applicant has' an inherent interest in the CCBD Zone District; that the likely al rgument will be the Applicant cannot comply with Downtown Urban Mixed Use Future Land Use Classification since the property is in the CCBD Zone District and the value of the property will be undercut if rezoned; that Attorney Euren is aware of the likely arguments. Attorney Furen stated that the likely arguments are known well; that the best manner in which to respond is the Applicant's request is totally consistent with the existing regulations; that engaging in a guessing game as to if the City may or may BOOK 57 Page 28844 10/18/04 2:30 P.M. BOOK 57 Page 28845 10/18/04 2:30 P.M. not listen to any arguments during the City-wide rezoning process regarding whether the parcel should be rezoned to a new Downtown Zone District is not the intent; that the intent, to eliminate any concern over the issue, is to effectively proffer stipulations which keep the application consistent with the height limitation and other criteria of the new Downtown Code; that Staff became extremely firm regarding the recommendation to maintain consistency with the new Downtown Code; that coming back to request the property remain in the CCBD Zone District is unlikely; however, the issue may change once the rezoning process begins; that assurance is provided the proposal as submitted is the project desired by the Applicant; that the Commission is compelled to grant the request since the application is consistent with all the existing regulations; that the entire issue of the new Downtown Code zone districts is not relevant to the proceeding at this time; that he is not engaging in trickery; that the possibility the Applicant will come back and urge the Commission to allow the property to remain in the CCBD Zone District cannot be suggested at this time since the proffer is tantamount to the new Downtown zone district. Commissioner Palmer stated that the intent is to place the possibility on the record since similar types of issues coming forward in the future are a concern; that a question is the ownership of the alley; that clarification as to if the City owns the alley is necessary prior to second reading of the proposed Ordinance. Attorney Furen stated that the alley would remain open regardless of ownership. Mayor Martin stated that Staff might be able to provide some clarity. Vice Mayor Servian asked for clarification regarding the number of stories of the building. Mr. Freedman stated that the building is five stories in total. Mayor Martin stated that the parking is incorporated within the building and the five stories. Mr. Freedman stated that is correct. Commissioner Palmer asked for clarification regarding a story based on the interpretation of the Zoning Code (2002 Ed.). Mr. Freedman stated that the Applicant is agreeing to no more than 14 feet floor to ceiling; that the definition of the new Downtown Code is being used. Mayor Martin requested that Staff come forward for the presentation. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission, and stated that the original Staff report made an argument against the originally submitted seven story building proffer; that the addendum report provided the rationale and recommendation for the five story height limitation; that the five story height limitation proffer reversed the course of the application; that Staff's position .was, at seven stories, the rezoning should not be approved; that the addendum report clarifies the boundary line between the two plan designations which affect the block; that the boundary line is actually 60 feet south of the right-of-way. for Fourth Street which leaves 161 feet south of the boundary line subject to the rezoning; that Commissioner Palmer raised a question concerning the alley; that originally an alley traveled mid-block from east to west between Lemon and Orange Avenues; that the recollection is the alley was vacated back in the 1950s in exchange for an easement. Mr. Hoglund continued that a prior case approximately one year ago dealt with a shared parking agreement on the site; that the subject of the easement arose; that the recollection is the alley was an easement as opposed to land which was actually deeded to the Cityi that Attorney Furen is accurate in indicating the anticipation of an above ground connection; that the alley will not be an obstacle to site plan approval; that the Applicant is aware of the timing issue concerning the Downtown rezonings; that the concerns regarding the timing of the rezoning have been raised; that the site plan will be accepted once received. and processed; that Staff was originally opposed to the rezoning due to the possible height of the anticipated project; that no building plans were received; however, the verbal description was the basis of the opposition; that Staff was able to reach a conclusion the project would be out of character with the surrounding area, which resulted in a revised proffer; that Staff's recommendation for approval is based on the revised proffer. BOOK 57 Page 28846 10/18/04 2:30 P.M. BOOK 57 Page 28847 10/18/04 2:30 P.M. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04- 4556 by title only. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to pass proposed Ordinance No. 04-4556 on first reading. Commissioner Bilyeu stated that the application is an example of good planning; that the CCBD Zone District allows significant height; that developers and good land planners bring good ideas to the City; that the Applicant has willingly worked with Staff and people in the neighborhood; that the Applicant is commended for bringing forth a desirable project; that a pleasing development is anticipated. Commissioner Palmer stated that the CCBD Zone District allows 180 feet in building height which would not have been approved by the PBLP or Staff; that the project proffered by the Applicant is pleasing; however, the timing issues between the present allowable zoning and the time the Downtown is rezoned is a concern; that the application must be approved based on the substantial and competent evidence submitted; that the legal ramifications of the Commission's decisions are understood; nowever, future projects with similar circumstances are a concern. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 04-4556. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes; Servian, yes. 16. PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4585, TO REZONE A PARCEL OF REAL PROPERTY CONSISTING OF : 1.95 ACRES LOCATED NORTH OF HANSEN STREET BETWEEN EAST AVENUE AND DEARBORN AVENUE AND HAVING STREET ADDRESSES OF 3924, 3928, 3936, 3944 AND 3950 DEARBORN AVENUE AND 3917, 3921, 3925, 3929, 3935, 3941 AND 3949 EAST AVENUE FROM THE RESIDENTIAL MULTIPLE FAMILY-2 (RMF-2) ZONE DISTRICT (SARASOTA COUNTY ZONING) TO THE COMMERCIAL GENERAL DISTRICT (CGD) ZONE DISTRICT (CITY OF SARASOTA ZONING), / SAID PROPERTY HAVING BEEN RECENTLY ANNEXED INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA AND MORE PARTICULARLY DESCRIBED HEREIN, ; APPROVING SITE PLAN APPLICATION NO. 03-SP-31 TO ALLOW AN OFF-SITE PARKING LOT FOR EMPLOYEES AND CLIENTS AND AUTOMOBILE STORAGE AND DISPLAY ASSOCIATED WITH AN ADJACENT AUTOMOBILE DEALERSHIP TO BE CONSTRUCTED UPON THE ABOVE- DESCRIBED REZONED PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF THIS REZONING, INCLUSIVE OF A PROFFERED SITE PLAN; ETC. (TITLE ONLY) (APPLICATION NOS. 03-CU-03, 03-RE-17, AND 03-SP-31, APPLICANT CHARLES D. BAILEY, III, AS AGENT REPRESENTING GEYER DICKINSON, / A FLORIDA GENERAL PARTNERSHIP, AS OWNER) = PASSED ON FIRST READING; AFFIRMED THE PLANNING BOARD/LOCAL PLANNING AGENCY' S DECISION TO APPROVE MAJOR CONDITIONAL USE APPLICATION NO. 03-CU-03 (AGENDA ITEM XIV-B-6) CD 7:07 through 7:27 Mayor Martin stated that proposed Ordinance No. 04-4585 is to rezone a parcel of real property consisting of 1.95 acres located north of Hansen Street between East Avenue and Dearborn Avenue, and asked if anyone has qualified as an Affected Person. City Attorney Fournier stated that no one has applied for Affected Person status; continued that the recommendation is to allow 10 minutes for the Applicant's presentation and 7 minutes Staff's presentation; that other interested persons will have 5 minutes to speak. Mayor Martin stated that hearing no objections, the recommended time limits are approved; opened the public hearing, and requested that the Applicant come forward for the presentation. Charles D. Bailey, Jr., Law Firm of Williams, Parker, Harrison, Dietz & Getzen, as Agent Representing Geyer Dickinson, a * Florida General Partnership, as Owner, and Jim Williams, Project Planner, Suncoast Auto Builders, came before the Commission. Attorney Bailey recognized Pat Dickinson of the Geyer Dickinson Partnership present in the Chamber audience; and stated that three applications are before the Commission at this time; that one application is for rezoning of the subject property from the Residential Multiple Family-2 (RMF-2) Zone District (Sarasota County Zoning) to the Commercial General District (CGD) Zone District (City Of Sarasota Zoning); that a Major Conditional Use Approval for a vehicle sales agency within the CGD Zone District and site plan approval are also before the Commission at this time; that the Applicant operates the Coast Volvo Infiniti dealership; that the property is located west of the dealership across Dearborn Avenue; that the purpose of the applications is BOOK 57 Page 28848 10/18/04 2:30 P.M. BOOK 57 Page 28849 10/18/04 2:30 P.M. to seek to incorporate or to utilize the subject property as part of the Coast Volvo Infiniti operation for storage and display of its motor vehicle stock and for parking for employees and customers. Attorney Bailey referred to an aerial view of the Coast Volvo Infiniti dealership which is south of Bee Ridge Road across from Westfield Shoppingtown displayed on the Chamber monitors; and continued that the subject property is indicated and is comprised of 17 lots which are just under two acres in size; that some of the lots located on Dearborn Avenue were annexed into the City in 2003 and were re-designated in the Community Commercial Future Land Use Classification; that at the August 16, 2004, Regular Commission meeting, the Commission adopted an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), together with an annexation for the additional lots on East Avenue and Hansen Street also designating the properties in the Community Commercial Future Land Use Classification; that the amendment to the City's Comprehensive Plan has been forwarded to the Department of Community Affairs (DCA) and is currently being reviewed; that the expectation is the Notice of Intent will be issued and a 21 day appeal period thereafter will run; that the expectation is the amendment to the City's Comprehensive Plan and the annexation will be effective in late November or early December 2004; that the proposed project is consistent with the Community Commercial Future Land Use Classification; that the request is to rezone the entire parcel to the CGD Zone District. Attorney Bailey further stated that the CGD Zone District which the Applicant is seeking is consistent with the other properties within the corridor south of Bee Ridge Road which are within the City; that the property to the north and west is in the CGD Zone District; that the property immediately to the east is in the Commercial Intensive (CI) Zone District. Attorney Bailey referred to a site plan indicating the property displayed on the Chamber monitors; and stated further that Dearborn Avenue, the Coast Volvo Infiniti dealership, an internal medicine doctor's office to the north, a vacuum sewing machine business, a music store, and a liquor store and bar are located in the area; that no new buildings are being proposed; that the property will be utilized entirely for storage and display of motor vehicle stock and parking of vehicles for customers and employees; that a stormwater facility will be located at the southerly portion of the property to provide an additional buffer for the properties to the south; that no vehicular access from East Avenue or Hansen Street will be available; that the only vehicular access point will be at the northern most point of Dearborn Avenue; that the buffers consistent with the Zoning Code (2002 Ed.) will be. provided along the north edge of the property, and portions of the west, south and east of the property; that trees will be preserved; that Mr. Williams met on site with the Director of Building, Zoning and Code Enforcement; that as a result of the meeting, 19 oak trees will be preserved both along the perimeter of the site and also within the interior of the site; that the interior oak trees will be included in landscape islands within the storage and display area; that an additional 22 live oaks are planned as part of the buffer requirement; that a long term and improved tree canopy is planned. Attorney Bailey stated that conditions have been proffered which are included in the proposed Ordinance included in the Agenda backup material; that the conditions include no outdoor speakers or intercom system on the property and no loading or off-loading of vehicle stock from semi-trailers on the parcel or on the adjoining rights-of-way east of Hansen Street and Dearborn Avenue; that a "Good Neighbor Policy" is also included in the Agenda backup material which was implemented by all the Coast dealerships; that the policy covers issues such as road testing by repair technicians and by perspective customers; that the policy includes controls regarding the allowed locations for test driving vehicles; that the vehicles will not be test driven on any local roads within the surrounding neighborhood but will be taken directly to Bee Ridge Road for road testing; that at the August 16, 2004, Regular Commission meeting, an issue was raised regarding to the existing structures on the property; that all of the homes along Dearborn Avenue have been demolished; that a few homes remain on East Avenue and a couple of homes remain on Hansen Street; that the prospect of actually moving the structures and utilizing the homes for affordable housing was raised; that consistent with representations indicated by Charles Bailey, Jr., Esquire, law firm of Williams, Parker, Harrison, Dietz & Getzen, who was present at the August 16, 2004, Regular Commission meeting, a meeting was conducted with Donald Hadsell, Director of Housing and Community Development, and others with experience with relocating homes; that Mr. Hadsell and the other individuals consulted were not optimistic about relocating the homes for affordable housing; that nevertheless, a commitment has been made to Mr. Hadsell indicating a commitment to provide sufficient notice prior to BOOK 57 Page 28850 10/18/04 2:30 P.M. BOOK 57 Page 28851 10/18/04 2:30 P.M. clearing the site for construction to determine if a connection can be made with someone who is willing to receive and move the homes for use as affordable housing; that the Commission is respectfully requested to accept Staff's recommendation and the Planning Board/Local Planning Agency's unanimous recommendation to adopt proposed Ordinance No. 04-4585. Mayor Martin asked for clarification regarding lighting in the area, specifically during evening hours. Attorney Bailey stated that the dealership closes at 9:00 p.m. Mr. Williams stated that security lighting will be installed; that a sufficient amount of display lighting will be installed but will only be in use during hours of operation; that the amount of lighting will meet Zoning Code (2002 Ed.) requirements for residential areas; that the lighting will not spill off the site. Mayor Martin requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Redevelopment Department came before the Commission; referred to the Future Land Use Map and a site map indicating the property displayed on the Chamber monitors, also included in the Agenda backup material; and stated that the Applicant has provided a thorough presentation; that comments will be brief; that the properties have been proceeding toward the particular rezoning and site plan for a couple of years; that the properties along Dearborn Avenue were annexed into the City in 2003; that the Community Commercial Future Land Use Classification is indicated on the Future Land Use Mapi that although not yet official, in August 2004, the parcels along East Avenue and Hansen Street were also annexed and designated in the same Community Commercial Future Land Use Classification; that the properties in the Residential Multiple Family-2 (RMF-2) Zone District (Sarasota County Zoning); that the application of the Community Commercial Future Land Use Classification makes the RMF-2 Zone District a zoning enclave; that the City is compelled to see the properties rezoned to a Zone District consistent with the Community Commercial Future Land Use Classification; that the CGD Zone District is proposed; that along with the request for rezoning and site plan approval is a Conditional Use for the vehicular storage. Mr. Parsons continued that the Staff Report included in the Agenda backup material includes an analysis of the Standards for Review; that the neighborhood, including the subject parcels, were single family homes until approximately two years ago; that single family homes also exist to the west and south of the property; that during the amendment to the City's Comprehensive Plan process a significant amount of discussion took place regarding the transition of the neighborhood from Hansen Street north; that the Community Commercial Future Land Use Classification is indicated west toward Bee Ridge Road; that the neighborhood is in transition; that the transition is long term; however, Staff views the transition in the neighborhood as a general trend; that in terms of the range of uses allowed in the Community Commercial Future Land Use Classification, vehicular storage and employee parking is viewed as a low impact commercial use; that the proposal is associated with an automobile dealership which has a primary frontage on Bee Ridge Road; that most of the commercial activity taking place will be directed towards Bee Ridge Road away from the neighborhood; that a number of proffers limit the impact of the type of activity which can occur on East Avenue and south, only providing access via Dearborn Avenue; that a number of protections exist; that the neighborhood is transitioning; however, single family residences continue to exist; that the PBLP held a public hearing and recommended approval unanimously; that Staff also recommends approval. Commissioner Bilyeu referred to the site map displayed on the Chamber monitors and stated that Dearborn Avenue and East Avenue and Freedom Avenue are indicated with City limit boundary lines; that one boundary will be moved over since the properties were annexed into the Cityi that single family homes still exist on Freedom Avenue which is in the County. Mr. Parsons stated that is correct; that single-family homes also exist on the west side of East Avenue. Commissioner Bilyeu stated that residential properties also exist on the south side of Hansen Street; that planning works in some instances but not in others; that the City limit boundary lines indicated on the site map are a good example of removing eight homes of affordable housing; that a similar situation existed in another part of the City; however, the Commission voted against a request for a retention pond and parking across from residential uses; that parking will be allowed across from residential uses in the proposed project since the neighborhood has been in transition; that the Commission is aware planning is BOOK 57 Page 28852 10/18/04 2:30 P.M. BOOK 57 Page 28853 10/18/04 2:30 P.M. not a science; that a mixture of different uses will exist in some Zone Districts; that although the proposal is supported, the project is creating a different use in the neighborhood; that the consistency in allowing different uses within certain Zone Districts is not seen; that the work put forth regarding the proposed project is appreciated; that everyone is encouraged to come before the Commission with requests; that the existing homes will likely not be relocated; however, the attempt is appreciated. Mr. Parsons stated that the Major Conditional Use Application No. 03-CU-03 should have come to the Commission in the form of affirming the PBLP's resolution approving the application; that the Major Conditional Use Application is not on the Agenda as a separate Consent Agenda item; that a separate motion to affirm the PBLP's Conditional Use resolution may be necessary. City Attorney Fournier agreed; that the proposed Ordinance approves the rezoning and the site plan; that the Conditional Use is dependent on the appropriate zoning for the propertyi that the Conditional Use resolution could have been placed on the Consent Agenda; however, would likely have been pulled so the Commission could consider the item at the same time as the proposed Ordinance; that the PBLP's resolution and the information regarding the Major Conditional Use are included in the Agenda backup material; that a separate public hearing is not necessary; that a second vote to affirm the PBLP's Conditional Use resolution if the proposed Ordinance is approved will be in order. Commissioner Palmer asked for clarification regarding advertising requirements concerning the Major Conditional Use. City Attorney Fournier stated that a public hearing is not required; that the choice is to simply affirm the PBLP's Conditional Use resolution or to set the item for a future public hearing. There was no one signed up to speak and Mayor Martin Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04-4585 by title only. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 04-4585 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yesi Palmer, yes; Servian, yes; Atkins, yes. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to affirm the resolution of the Planning Board/Local Planning Agency to approve Major Conditional Use Application No. 03-CU-03. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 17. PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 04-4588, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 542 OHIO PLACE, HISTORICALLY KNOWN AS THE J. WALTON TAYLOR FAMILY HOME, 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-05, APPLICANT MIKKI HARTIG, AS AGENT REPRESENTING JUDITH JONES, AS OWNER) PASSED ON FIRST READING (AGENDA ITEM XIV-B-7) CD 7:27 through 7:32 Mayor Martin opened the public hearing regarding proposed Ordinance No. 04-4588 to provide for the designation of the structure located at 542 Ohio Place, historically known as the J. Walton Taylor Family Home; and stated that City Attorney Fournier has previously indicated no one has applied for Affected Person status; and requested that the Applicant come forward for the presentation. Mayor Martin stated that the Applicant is not present in the Chambers and requested clarification regarding the procedure. City Attorney Fournier stated that the public hearing can continue without the Applicant if the Commission desires; that the item has been noticed and advertised. Mayor Martin requested that Staff come forward for the presentation. Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, came before the Commission, referred to photographs BOOK 57 Page 28854 10/18/04 2:30 P.M. BOOK 57 Page 28855 10/18/04 2:30 P.M. of the structure displayed on the Chamber monitors; and stated that the house is somewhat obscured by the dense vegetation on the property; that Staff from the Sarasota County Department of Historical Resources determined the property possesses integrity of location, design, setting, materials, workmanship and association and is of historical significance; that the Historic Preservation Board met on September 14, 2004, and recommended Commission approval of historic designation for the property based on the following criteria under Section IV-806(a) of the Zoning Code (2002 Ed.): 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Mr. Hoglund continued that the Historic Preservation Board was supportive of the request due to the unique nature of the building; that the building was one of the early ranch houses built in Sarasota dating back to 1941; that very few homes were built in Sarasota in 1941 due to the advent of World War II; that the idea of a ranch house had been imported from the west coast of the United States; that the idea of a single story, asymmetrical plan served as a forerunner to the Sarasota School of Architecture which took hold after World War II; that the house was occupied by the original owners for approximately 50 years until sold in 1991; that the current owner has renovated the home including some additions; that the additions are complimentary to the main building; that the Historic Preservation Board had no problem regarding the additions; that the Historic Preservation Board recommends the Commission approve Historic Designation Application No. 04-HD-05 as incorporated in proposed Ordinance No. 04-4588. Mayor Martin stated that the history of the Historic Designation Applications which come before the Commission tell a story about the community; that the history is fascinating. Mr. Hoglund stated that obtaining a better understanding of the community is the value of the Historic Designation Program. Commissioner Atkins asked if Staff has plans to incorporate all the historically designated properties in a pamphlet? Mr. Hoglund stated yes; that the plan is to develop a web page on the City's internet site; that a meeting with the Historic Preservation Board is scheduled with the Commission next week; that the issue will likely be discussed. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 04- 4588 by title only. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to pass proposed Ordinance No. 04-4588 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yesi Atkins, yes; Bilyeu, yes. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 7:33 through 7:39 Richard Clapp, 426 South Shore Drive (34234), stated that he attended the afternoon session of the meeting which is the reason for remaining to speak during the evening session; that two items were on the Agenda of the afternoon relating to Whitaker Bayou; that the Indian Beach Sapphire Shores Association (IBSSA) is extremely interested in issues concerning Whitaker Bayou; that becoming aware the issue concerning Whitaker Bayou was on the Agenda was pure happenstance; that the City's mechanism for notifying neighborhoods which are interested in topics other than the public hearing process is not known; that the IBSSA is extremely interested in any issues concerning Whitaker Bayou; that he learned the Whitaker Bayou issue was on the Agenda while attending a meeting in Newtown on October 14, 2004; that otherwise, he would not have been aware; that no one from the neighborhood would have been present to ask questions; that the Commission is requested to consider some mechanism to make people aware of issues important to neighborhoods. Vice Mayor Servian asked if the Agenda for the City Commission meeting is received? Mr. Clapp stated no. BOOK 57 Page 28856 10/18/04 2:30 P.M. BOOK 57 Page 28857 10/18/04 2:30 P.M. Vice Mayor Servian stated that the City Auditor and Clerk could send Mr. Clapp the Agenda for City Commission meetings in advance if desired. Mr. Clapp stated that the City's web site was visited at 11:00 a.m. on October 15, 2004; that the portion of the Agenda regarding the Whitaker Bayou item was not posted at the time; that he was visiting City Hall regarding another matter during the afternoon and obtained an Agenda from the Office of the City Auditor and Clerk; that the Agenda for City Commission meetings are often not available until the last minute. Vice Mayor Servian agreed. Mayor Martin stated that the situation is puzzling; that the Agenda was available Thursday; that the reason the Agenda was not available on the City's web site on Friday morning is not known; that the procedure is not known; and asked if the information is available on the City's web site at the same time the Commission receives the Agenda and the backup material? City Auditor and Clerk Robinson stated that at the time the Commission receives the Agenda and the backup material, the master original is forwarded to Central Records for scanning and uploading onto the City's web site. Mayor Martin stated that some lag time is expected; that many items are added or removed from the Agenda at the last minute. Vice Mayor Servian stated that Mr. Clapp could be included on the mailing list sO an Agenda can be received prior to being available on the City's web site. City Auditor and Clerk Robinson stated that Mr. Clapp will be added to the mailing list. Commissioner Palmer stated that the understanding was all of the neighborhood association presidents, if identified, automatically receive an Agenda for the City Commission meetings; that the issue should be referred to the City Auditor and Clerk and the Director of the Neighborhood Partnership Office to ensure the procedure is in place. Mr. Clapp stated that he reviewed the Evaluation and Appraisal Report (EAR) documentation; that a list of all the land use changes which were made in the past year is included at the beginning of the Future Land Use Chapter; that the changes were totaled; that many were changed from residential to commercial use; that the effect is a reduction in the stock of affordable housing and the land upon which affordable housing can be constructed, which improves the ability to develop commercial properties; that the Commission should consider the effect to the stock of affordable housing when making decisions concerning zoning and land use. Mayor Martin stated that the Commission is attempting to develop other strategies to develop affordable housing; that developing mixed-use projects is one method; that commercial developers are including a residential housing component projects; that the situation regarding the effect on the availability of affordable housing causes significant tension; that bringing the issue to the attention of the Commission is appreciated; that neighborhood association presidents should receive the Agenda for Commission meetings; that the neighborhood association presidents can disseminate the information to the neighborhoods. Commissioner Bilyeu stated that reviewing the Development Review Committee (DRC) Agenda, which can also be electronically mailed or mailed through the US postal service to citizens is helpful. 19. UNFINISHED BUSINESS: DISCUSSION RE: : 2005 LEGISLATIVE PRIORITIES ADOPTED THE CITY OF SARASOTA COMMISSION 2005 LEGISLATIVE ISSUES AS AMENDED BY THE ADDITION OF SUPPORT OF ENFORCEMENT OF RUNNING RED LIGHTS THROUGH FIXED CAMERAS WITH THE ADDITION OF THE SARASOTA/MAATEE METROPOLITAN PLANNING ORGANIZATION (MPO) 2005 LEGISLATIVE POSITIONS BY REFERENCE (AGENDA ITEM XVI-1) CD 7:39 through 7:50 Mayor Martin stated that the item is to discuss the 2005 Legislative Priorities. City Manager McNees stated that the Commission requested the potential legislative priorities for 2005 be identified; that City Departments have provided their suggestions which are indicated in the 2005 Legislative Issues included in the Agenda backup material as follows: Local options on water conservation; State funded grant programsi Grant funding for various recreational and boating programsi BOOK 57 Page 28858 10/18/04 2:30 P.M. BOOK 57 Page 28859 10/18/04 2:30 P.M. Water Resources Development Act (WRDA) ; Reinstatement of program to provide matching grants to municipalities/counties hosting spring training facilities for major league baseball clubs; State to allow local governments to provide certificates of tax exemption to contractors hired by the local government to provide materials and equipment in the furtherance of public works construction projects; and State to provide incentives to local governments to pursue alternative fuel uses since the local portion of the City's Gas Tax revenue could be reduced if governments pursue alternative fuels other than gas for their fleets. City Manager McNees continued that the Police Chief requested an additional issue be added which is a recommendation to favor legislation enabling red light running enforcement through fixed cameras; that enforcement through fixed cameras is currently not allowed in Florida; that the issue will be added to the list of 2005 legislative priorities if the Commission concursi that the Sarasota/Manatee Metropolitan Planning Organization (MPO) 2005 legislative positions have also been added and are included in the Agenda backup material; that in the past the Commission has selected the top two MPO legislative priorities to avoid having too many legislative priorities; that the Commission has the option of choosing the entire list of MPO legislative priorities if desired. Commissioner Palmer stated that the entire MPO list does not have to be adopted; that the MPO list should be adopted by reference; that the Commission should indicate support of the MPO legislative priorities; that the list was compiled last week; that Vice Mayor Servian and she serve on the MPO Legislative Committee and requested the information be forwarded to the Commission; that many issues indicated in the MPO legislative priority list affect the City of Sarasota as well as every other city in the State. Vice Mayor Servian stated that the suggestion to adopt the MPO legislative priorities by reference is supported. Mayor Martin agreed. City Manager McNees stated that the position heard is the Commission supports the legislative positions of the MPO. Vice Mayor Servian stated that is correct. Commissioner Atkins stated that support concerning the legislation regarding enforcement of red light running cannot be provided. Mayor Martin stated that enforcement regarding red light running has been previously discussed at the Commission table with some interest and excitement; and asked the feelings of the Commission regarding inclusion of the issue on the list of legislative priories? Commissioner Bilyeu stated that enforcement of red light running through cameras is not supported; that the benefit has not been seen; that using cameras for enforcement is a frightening thought. Commission Palmer stated that the issue has been on the legislative agenda for years; that the State Legislature has not been supportive of passing the legislation; however, the Commissioners supporting the legislation should continue to indicate the issue as a legislative priority; that legislation which would permit some kind of red light running program is fully supported; that programs have been successful in other areas; that deaths in a number of places have been reduced through strong enforcement; that the privacy issues are understood; however, the safety issues are a concerni that including the issue in the list of legislative priorities is supported. Mayor Martin stated that the Commission seems divided concerning the issue; that the legislation is personally supported based on the fact the enforcement is anonymousi that concerns exist regarding racial profiling, which are well considered; that the camera photographs only the license plate of a vehicle running a red light; that the success of the program in other areas has been heard; that being aware of the existence of the camera has deterred people from running red lights; that a recent news article indicated a significant number of fatalities in Ocala, Florida, were due to people running red lights; that a method of deterring people from running red lights is considered a major gain. BOOK 57 Page 28860 10/18/04 2:30 P.M. BOOK 57 Page 28861 10/18/04 2:30 P.M. Vice Mayor Servian stated that the legislation is supported; that the point made regarding anonymity is acknowledged; that the camera photographs the license plate; that every day numerous people are personally seen running red lights; that red light running creates a major amount of physical and property damage and is the number one cause of fatalities in accidents; that people run red lights all the time; that anything which can be done to reduce red light running is supported. Commissioner Bilyeu stated that thousands of fatalities occur each year due to chainsaws; that chainsaws will not be banned; that the reason for not supporting the legislation is not due to profiling; that cameras installed on the property of a private business for security reasons are a good idea; that for Big Brother to install cameras which are considered not necessary is a concerni that receiving information regarding the fatalities due to red light running in Ocala as well as in the City would be helpful; that the preference is to encourage legislation outlawing talking on cellular telephones, eating hamburgers, or putting on makeup while driving vehicles, prior to supporting legislation regarding enforcement of red light running; that he has almost been struck by vehicles due to drivers who are talking on cellular phones, eating, and putting on makeup. Mayor Martin stated that the division at the table is an indication as to the reason the legislation has been passed by the State Legislature; and asked the will of the Commission? On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to include the Police Chief's recommendation regarding enforcement of red light running via cameras and the management thereoi into the 2005 list of legislative priorities. Commissioner Bilyeu stated that the Police Chief is normally supported; that having additional information in the future would be helpful. Mayor Martin agreed; and stated that additional information is available which would be good to have; that some of the statistics in other states and communities have been reviewed over the past two years; and called for a vote on the motion. Motion carried (3 to 2): Atkins, no; Bilyeu, no; Palmer, yes; Servian, yes; Martin, yes. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to adopt the City of Sarasota Commission 2005 legislative issues as amended by the addition of support of enforcement of running red lights through fixed cameras with the addition of the Sarasota/Manatee Metropolitan Planning Organization (MPO) 2005 legislative positions by reference. Motion carried (4 to 1): Atkins, no; Bilyeu, yes; Palmer, yes; Servian, yesi Martin, yes. Commissioner Palmer asked for clarification regarding meeting dates of the legislative delegation. City Auditor and Clerk Robinson stated that the Legislative Delegation is meeting November 4, 2004, at the Sarasota County Administration Building. Commissioner Palmer stated that representation from the City to make the presentation to the Legislative Delegation is necessaryi that the list of legislative issues must be separated as to Federal or State issues; that the City Auditor and Clerk can separate the issues; that the hope is either the Mayor or the Vice Mayor will be present to make the presentation at the meeting of the Legislative Delegation. City Auditor and Clerk Robinson stated that calendars of the Mayor and Vice Mayor will be reviewed for availability. 20. NEW BUSINESS: DISCUSSION RE: : INCLUDE IN THE SECOND CYCLE OF PROPOSED ZONING TEXT AMENDMENTS AN AMENDMENT TO ARTICLE II-201, DEFINITION OF COMMUNITY DOCK, TO ALLOW COMMUNITY BOAT DOCKS ON THREE OR MORE SINGLE FAMILY LOTS IN A NEW SUBDIVISION = NO ACTION TAKEN (AGENDA ITEM XVII-1) CD 7:50 through 8:09 Mayor Martin stated that the item has been placed on the Agenda by Commission Bilyeu and concerns including in the Second Cycle of proposed Zoning Text Amendments an amendment to Article II- 201, Definition of Community Dock, to allow community boat docks on three or more single family lots in a new subdivision. Commissioner Bilyeu stated that a concern was if the proper procedure had been followed to include the item on the Agenda; that Staff time may be required and the Commission's consensus is City Staff work on an issue; that the item is considered a planning issue; and referred to the August 24, 2004, draft of proposed text amendments to the Zoning Code (2002 Ed.) which BOOK 57 Page 28862 10/18/04 2:30 P.M. BOOK 57 Page 28863 10/18/04 2:30 P.M. indicated the following text amendment was suggested but not recommended for inclusion in the Second Cycle of 2004: II-201. Dock, community. Amend definition to allow community boat docks on 3 or more single family lots in a new subdivision. The current definition requires 4 or more lots. This change would be consistent with the definition of subdivision, which is defined as 3 or more zoning lots. Commissioner Bilyeu continued that property owners on Whitaker Bayou brought the issue to his attention; that Jim Toale is indicated as the source in the August 24, 2004, draft of the Zoning Code (2002 Ed.) Proposed Text Amendments included in the Agenda backup material; that the proposed Zoning Text Amendment was not included in the Second Cycle of 2004; that the intent is to bring the proposed amendment to the Commission for discussion; that the Commission is requested to consider further discussion of the proposed amendment and to have Staff come back with a presentation; that including the proposed amendment in the Second Cycle of 2004 is supported; however, involving more Staff may be necessary due to the manner in which the issue has been brought forward; that the Commission's consensus to further involve Staff is requested; that more control exists over a community dock; that three boats could be stored on a dock on the waterfront; that a community boat dock would allow one boat per lot; that people from the Whitaker Bayou neighborhood are present in the Chambers audience; that one individual has signed up to speak to the issue. Mayor Martin asked if the request is to have Staff come forward to speak to the issue? Commissioner Bilyeu stated that having Staff provide some insight would be helpful in making a decision. Commissioner Palmer stated that the Agenda backup material only includes one page of eight regarding of the proposed text amendments; that many other text amendments were not included in the Second Cycle of 2004. Michael Taylor, Deputy Director of Planning and Redevelopment, came before the Commission and stated that Staff normally maintains a list of approximately 50 suggested Zoning Text Amendments at any point in time; that twice annually, Staff comes before the Commission with a recommendation; that Staff is currently processing approximately 20 Zoning Text Amendments; that the hope is to bring the 20 Zoning Text Amendments before the Commission early in 2005; that the amendment regarding the community dock can be added; nowever, a decision is required at this time since the process is moving forward to the Development Review Committee (DRC) and then to the Planning Board/Local Planning Agency (PBLP); that otherwise the proposed amendment must wait until the next cycle to avoid delay of the other amendments; that the reason for not recommending the proposed amendment was the effect throughout the City as compared with the other amendments; that the Commission should be aware the proposed amendment has an effect on many areas of the City; that a number of larger parcels in the City, particularly along the north Bayfront, as an example, could be subdivided; that the community boat dock allows for key-holing of properties which do not have waterfront access but would have an easement to a community boat dock and would then be allowed access to the water; that the situation could be good or bad; that the situation would have an effect on neighborhoods. Mr. Taylor continued that the issue was last discussed approximately 20 years ago; that the PBLP and the City Commission discussed the number of lots which would be allowed a community boat dock; that the decision at the time was four; that the number may not be appropriate and was not scientifically determined but was considered appropriate at the time; that changing the number four to three is simple; that ensuring the affected parties in the community are sufficiently informed is the difficult part; that every effort will be made to notify each neighborhood association if the Commission decides to move forward; that practically speaking, notifying every property owner in the City would be difficult. Commissioner Bilyeu asked for clarification regarding the timing of the next amendment cycle. Mr. Taylor stated that Staff will bring approximately 20 Zoning Text Amendments to the Commission in the beginning of 2005; that approximately six months is necessary to complete each cycle; that Zoning Text Amendments are done twice annually. Commissioner Bilyeu asked if the Commission will be requested to make a decision in the beginning of 2005 as to which Zoning Text Amendments to move forward? BOOK 57 Page 28864 10/18/04 2:30 P.M. BOOK 57 Page 28865 10/18/04 2:30 P.M. Mr. Taylor stated that the entire list will be brought back; that the DRC makes a recommendation to the Commission; that the Commission then makes a decision. Mayor Martin asked the potential unintended negative consequences of the proposed amendment. Mr. Taylor stated that the unintended consequences are not known; that the intent is to make the Commission aware of the consequences of moving forward with the proposed amendment; that the proposed amendment will affect neighborhoods and will potentially change the character of the neighborhoods; that the neighborhoods should be made aware and have an opportunity to provide input concerning the proposed amendment; that Staff can move forward with the proposed amendment if the Commission desires; however, Staff resources are an issue; that the proposed amendment is not simple; that making an change to any single family Zone District causes concern to the neighborhoods which is the reason for not recommending the proposed amendment; that the proposed amendment has a minor benefit for one property owner and has a potentially negative effect for a significant number of property owners. The following people came before the Commission: Richard Clapp, 426 South Shore Drive (34234), representing the Indian Beach Sapphire Shores Association (IBSSA), stated that the reason for the request raises suspicions; that the particular developer who has purchased the property is the reason the issue has been brought before the Commission; that the developer has requested a number of changes to the City's Comprehensive Plan and to the Future Land Use Mapi that the developer is now requesting Zoning Code (2002 Ed.) changes; that the developer is involved with the Sylvan Drive project; that the developer is involved in the Whitaker Bayou dredging project; that the developer has requested a right-of-way vacation for the project; that the developer is now requesting the change to the community dock regulations; that one individual is making all the requests for changes due to the investment made in the property; however, everyone else must suffer, which is not understood; that the true history behind the particular existing zoning text and the details of the discussion 20 years ago would be interesting to know; that the Zoning Code (2002 Ed.) and the City's Comprehensive Plan have been studied over the past yeari that the definition of a subdivision includes a minimum of three homes plus a street. Mr. Clapp continued that the qualifying the parcel owned by the developer at the end of Palmetto Lane being qualified as a subdivision is not understood; that a street must be located on the site if the property is to qualify as a subdivision; that property must qualify as a subdivision to have a community dock; that a subdivision must have a street; that the IBSSA has been very involved in private streets; that a request is to include the issue of private streets on a list of future Zoning Text Amendments; that the request is for the City to no longer allow private streets and subdivisions in the Cityi that private streets cause significant problems; that Palmetto Lane is a narrow small street; that the property is at the north end of Palmetto Lane; that three houses will cause more congestion at the corner; that the issue concerning community docks must be thoroughly researched prior to moving forward with a change. Kafi Benz, Box 2900 (34230), stated that the City Manager was instrumental in directing Staff to clean up the Commercial Intensive (CI) Zone Districts which is appreciated by the community; that the Commission should listen to City Staff; that Mr. Taylor indicated the reasons for dealing with the issue concerning community docks; that Staff's position concerning community docks is supported; that Sarasota has a large waterfront aspect to the community; that the Commissioners have a responsibility to protect the neighborhoods; that an issue such as community docks has consequences to neighborhoods which cannot be reversed once the threshold is crossed; that the situation is considered dangerous territory in which to cross; that the request is being made by an individual having property which does not qualify as a subdivision; that the City should not become involved in designer changes. Commissioner Bilyeu stated that the intent was to bring the issue forward simply for discussion; that four small lots are located on the site; that bringing forth the issue to debate was the intent; that Staff has indicated a decision is necessary at this time to include the item in the Second Cycle of Zoning Text Amendments; that sufficient information may not be available to make a decision at this time; that every citizen has a right to bring issues before the Commission; that having the item included the Zoning Text Amendments Second Cycle of 2004 which will come before the Commission in January 2005 is favorably anticipated. BOOK 57 Page 28866 10/18/04 2:30 P.M. BOOK 57 Page 28867 10/18/04 2:30 P.M. Mayor Martin stated that the item seemed innocuous; that the potential effect of the item throughout the City is not known; that bringing forward issues to debate is encouraged; however, the Commission should proceed with caution and have a total understanding of issues prior to making a decision. Commissioner Bilyeu stated that the opportunity to bring the item forward for discussion is appreciated. Vice Mayor Servian stated that her district would be most heavily impacted by the issue of community docks; that the issue has been discussed at many neighborhood meetings throughout the last several yearsi that water adjacent neighborhoods are extremely concerned with any changes to definitions due to. the possible negative impact on the neighborhoods; that the Commission must proceed with caution any time an issue which may have an adverse impact on the City's neighborhoods comes to the table; that having an individual come to the City requesting action concerning a designer change with City-wide impact is a concern; that the proposed amendment is not supported at this time; that the proposed amendment would not be supported if coming before the Commission in January 2005 as part of the Zoning Text Amendment Second Cycle of 2004. Commissioner Bilyeu stated that research was conducted; that h two homes could be constructed on Whitaker Bayou; that two docks with six boats would be allowed; that the question to the neighborhood in the specific situation is if two docks with three boats each for the two waterfront lots, for a total of six boats, or a community dock with three boats for each of the three lots in the area is preferred; that three boats n a community dock allows more control; that Mr. Toale brought the issue to his attention; that other people have brought issues regarding the City of Sarasota Downtown Code (Downtown Code) to his attention; that the issue concerning community docks has not been discussed for 20 yearsi that the issue may have some adverse impacts on some communities; that some new developments have community docks which are working well; that the City is changing; that many different issues are being discussed; that the issue should be discussed; that the discussion should include all parties. 21. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PROPOSED PARKING AGREEMENT AND LICENSE BETWEEN THE CITY OF SARASOTA AND CASTO-ZENITH VENTURE, y LLC REGARDING THE USE, OPERATION, AND MAINTENANCE OF THREE HUNDRED (300) PUBLIC PARKING SPACES IN THE WHOLE FOODS MARKET CENTRE PARKING FACILITY = APPROVED THE PARKING AGREEMENT WITH CHANGES TO INCLUDE THE FOLLOWING PROVISIONS : 1) A REFERENCE TO SECTION 768.28, FLORIDA STATUTES, THE SOVEREIGN IMMUNITY STATUTE, IN PARAGRAPH 30, INDEMNIFICATION, 2) TWO RENEWAL OPTIONS FOR THE CITY AT A TERM OF 99 YEARS EACH, 3) ADJUSTMENTS AT FIVE YEAR INTERVALS TO THE $25,000 MAXIMUM ON OPERATING COSTS IN PARAGRAPH 20, CAP ON OPERATING COSTS, IN AN AMOUNT EQUAL TO THE CONSUMER PRICE INDEX OR 3 PERCENT, WHICHEVER IS LESS, AND 4) THE COMMISSION'S RIGHT OF APPROVAL TO THE PARKING RESTRICTIONS FOR SUBSTITUTE ANCHOR TENANTS SHALL NOT APPLY TO THE FIRST FIVE YEARS, ; AND CONSENSUS TO APPROVE THE ADMINISTRATION'S RECOMMENDATION TO INCLUDE THE 145 SPACES ON LEVEL 3 AND THE RAMP BETWEEN LEVELS 3 AND 4 IN THE CITY'S AVAILABLE LEASE INVENTORY OF PARKING SPACES FOR A TRIAL PERIOD (AGENDA ITEM XVII-2) CD 8:09 through 8:48 Mayor Martin stated that the item concerns the: proposed Parking Agreement and License between the City of Sarasota and Casto- Zenith Venture, LLC, regarding the use, operation, and maintenance of 300 public parking spaces in the Whole Foods Market Centre parking facility. City Attorney Fournier stated that the Parking Agreement and License is included in the Agenda backup material; that his October 11, 2004, memorandum to the Commission regarding the Proposed Parking Agreement and License between the City of Sarasota and Casto-Zenith Venture, LLC, (Parking Agreement) also included in the Agenda backup material is fairly comprehensive and outlines the more salient provisions; that pursuant to the Redevelopment Agreement between the Community Redevelopment Agency (CRA) and Casto-Zenith Venture, LLC, approved in April 2003, Casto-Zenith is in the process of constructing a mixed use development which will include 300 public parking spaces; that the Redevelopment Agreement provided Casto-Zenith and the City would enter into a subsequent separate agreement providing for the allocation, use, maintenance, administration and operation of the approximate 300 public parking spaces; that the Redevelopment Agreement did not provide much guidance as to the details which should be incorporated in the Parking Agreement other than a provision for payments to be made by the City to the developer/owner for the maintenance and repair of the public parking spaces; that a Parking Spaces Summary Whole Foods Market Center Parking Facility chart is also included in the Agenda backup material; that the following information is provided to BOOK 57 Page 28868 10/18/04 2:30 P.M. BOOK 57 Page 28869 10/18/04 2:30 P.M. facilitate an understanding as to the location of the spaces in the facility: Residential Retail Public Parking Condo Parking Level or Area Spaces Spaces Spaces Ground level 147 (1st Street entrance Level 2 136 26 Ramp from L2 to L3 21 19 Level 3 109 27 Ramp from L3 to L4 36 Level 4 138 Totals 168 300 191 City Attorney Fournier continued that the 147 spaces on the ground level are exclusively for the use of Whole Foods; that a motor vehicle cannot go from the ground level directly up to level 2; that the vehicle must leave the structure, go around the block and enter from Second Street to get to the remainder of the spaces on the second, third and fourth levels; that the City public spaces which are the subject of the Parking Agreement are on levels 2 and 3 and on the ramps which are between level 2 and level 3 and level 3 and level 4; that the level 2 spaces can be aggregated; that the spaces on the ramp from level 2 to level 3 equal 136 plus 19 spaces which is 155 spaces; that the spaces on level 3 and on the ramp from level 3 to level 4 equal 145 spaces; that the lease agreement signed between Casto and Whole Foods contains a provision which requires the 155 spaces on level 2 and the ramp be free of charge at all times; that the Parking Agreement has been prepared to be consistent with the provision in the Whole Foods lease agreement. City Attorney Fournier further stated that another provision exists in the Whole Foods lease agreement which imposes time restrictions on the 155 spacesi that a two hour limit exists on the 155 spaces per the Whole Foods lease agreement which was carried through to the proposed Parking Agreement; that the 155 spaces on level 2 and the ramp up between level 2 and 3 will be free with a two hour parking limit if the Parking Agreement is approved as written; that the enforcement, per the Parking Agreement, will be left up to Casto; that a right exists for the parties to contract for enforcement if the restrictions are removed; however, a separate subsequent agreement would be necessary; that the 145 spaces on level 3 and the ramp from level 3 to level 4 are not subject to the requirement to be free or the two hour time limit; that the Commission could decide if the 145 spaces will be free or subject to a two hour time limit or if the 145 spaces could be leased to any private third parties; that leasing the 145 spaces is a policy decision which will be addressed by the City Manager during the discussion; that as a practical matter, the 155 spaces on level 2 and on the ramp from level 2 to level 3 cannot be leased out to private third parties such as Downtown businesses for employees, valet parking, or reserved for use by City employees, if the spaces are to remain free at all times and subject to a two hour restriction on the time limits for parking. City Attorney Fournier stated further that the restrictions do not apply to the 145 level 3 spaces and the ramp from level 3 to level 4; that the 145 spaces could be leased to third parties for employee parking, or valet parking that some parking spaces could be reserved for exclusive use of City employees; that the Parking Agreement also provides the City will pay for the owner services in managing and operating the parking facility; that the provision indicates the owner is obliged to provide utilities; that the City would pay its proportionate share; that the owner will provide maintenance; that the maintenance obligations are set out in some detail in Paragraph 14 of the Parking Agreement; that Paragraph 15 of the Parking Agreement includes provisions for restriping the pavement; that Paragraph 18 includes provisions for insurance; that the City would also pay its proportionate share of any real estate taxes to the extent the taxes are assessed separately on the parking facility; that the proportionate share regarding time limitations and the free parking requirement are indicated in the Whole Foods lease agreement; that the City's proportionate share of the expenses would only be for the 145 spaces which are on level 3 and the ramp up from level 3 to level 4; that the 155 spaces on level 2 and on the ramp from level 2 to level 3 are not included since the 155 spaces are subject to the requirement to be free at all times and subject to a time limitation as a result of the Whole Foods lease agreement; that Paragraph 20 of the Parking Agreement includes a provision for a maximum on operating costs which is set at the lesser of $25,000 annually or the actual proportionate share of expenses. City Attorney Fournier stated that his memorandum indicates the City representatives and Casto will meet again to discuss any open issues; that meetings have been conducted; that two issues were raised; that an agreement to resolve the issues has been reached; that the Administration has a recommendation; that two other minor changes will also be made; that the first minor change is included BOOK 57 Page 28870 10/18/04 2:30 P.M. BOOK 57 Page 28871 10/18/04 2:30 P.M. in Paragraph 30, Indemnification; that the basic text of the paragraph is acceptable and is consistent with State law; however, including a reference to Section 768.28, Florida Statutes; concerning sovereign immunity is desired; that any indemnity the City undertakes should be consistent with the State Statute; that Casto is aware of the change and has no problem; that the second relatively minor change is an irrevocable license for the City to the use the spaces for a term of 99 yearsi that the Parking Agreement indicates the term is subject to renewal at the option of the City; that a renewal option paragraph should be but was not included; that the desire is to include the renewal option paragraph since an agreement was reached on two successive 99 year renewal options which would then make the practical result as though the City actually owned the spaces in perpetuity since the license is irrevocable. Commissioner Palmer left the Chambers at 8:11 p.m. City Attorney Fournier continued that the other two issues which were more difficult to resolve will be discussed; that the maximum on operating costs at the lesser of $25,000 or the City's actual proportionate share of costs was previously mentioned; that the Whole Foods lease agreement is actually for a term of 20 years; that at least two options to renew are included; that the lease could extend out 60 years; that Casto reasonably felt the $25,000 maximum in today's dollars is good; however, an escalator provision extending out 60 years was considered reasonable; that an agreement was reached for five year interval adjustments; that the adjustments would be the increase in the Consumer Price Index (CPI) or 3 percent, whichever was less at five year intervals; that the Administration was comfortable with the change; that the second issue which is hoped resolved concerns the restrictions on the time limits for parking and the requirement for the spaces to be free which remains valid as long as the Whole Foods lease agreement is in effect, since the provisions are contained in the Whole Foods lease agreement; that the situation was addressed due to the possibility Whole Foods may leave or terminate the lease for some reason; that the Parking Agreement indicates the Commission would have the right of approval if a substitute anchor tenant desires the same encumbrances placed on the City spaces which are having the level 2 spaces remain free, and subject to the time restrictions; that the restrictions are imposed on the City spaces. Commissioner Palmer returned to the Chambers at 8:14 p.m. City Attorney Fournier further stated that the Redevelopment Agreement imposes an affirmative obligation on Casto to move as expeditiously as possible to find a replacement grocery store within the first five years if for whatever reason Whole Foods should leave; that for purposes of consistency with the requirement, an agreement was reached to modify the right of approval to indicate the right of approval would not apply for the first five years to enable Casto to find a replacement grocery store as expeditiously as possible; that Casto would prefer the time extend beyond the first five years to any grocery store found as a substitute, which is at the discretion of the Commission; that the Administration and the owner agreed the right of approval would apply but would not apply to any substitute anchor grocery store in the first five years after the project was open; that the request is to have the authority to make the four changes which have been outlined, if the Parking Agreement is approved; that alternatively, the changes can be made and the Parking Agreement can be brought back if the Commission prefers. Vice Mayor Servian stated that having the Community Redevelopment Agency (CRA) meeting minutes concerning the discussion would have been helpful; that the understanding is the 300 parking spaces will be free; that the specific discussion is recalled. City Attorney Fournier stated that the Parking Agreement indicates the 155 spaces are required to be free; that the 145 spaçes can be free which is for the Commission to determine; that nothing in the Parking Agreement prohibits the 145 spaces being free; that the Commission must make a policy decision concerning the 145 spaces. Vice Mayor Servian stated that the Commission has been desperately seeking the availability of the additional 300 parking spaces for use during the daytime; that the 145 spaces could be used for valet parking after hours. City Attorney Fournier stated that the Agenda request indicates the Parking Agreement is one issue; that a secondary follow up issue exists as to the Commission's policy regarding the 145 spaces on level 3 and the ramp connecting levels 3 and 4. Mayor Martin stated that employees of businesses are taking up street parking in front of stores up and down Main Street; that employees could park on the second and third level and avoid having to move vehicles every two hours; that the best use of the spaces must be determined; that the recollection is the 300 parking spaces would be free. BOOK 57 Page 28872 10/18/04 2:30 P.M. BOOK 57 Page 28873 10/18/04 2:30 P.M. City Manager McNees stated that the suggestion is to first address the Parking Agreement. Commissioner Palmer stated that the Parking Agreement was carefully reviewed; that deciphering the legal language was difficult; that questions regarding the Parking Agreement were addressed to the City Manager; that the answers may have already been provided but will be asked a second time; and asked if the public parking spaces can be deeded to the City once the financing ends? City Attorney Fournier stated that the Parking Agreement does not prohibit deeding the public parking spaces to the Cityi that an analogy is the Term Sheet approved for the Plaza Verdi project; that the Term Sheet is clear indicating a condominium unit will be conveyed to purchasers with City-owned parking spaces; that discussions were held with Attorney David Cardwell, the attorney primarily involved in the negotiation of the Redevelopment Agreement; that Attorney Cardwell advised the issue was discussed; that everyone realized the issue could not be resolved sO the issue was purposefully deferred; that the result is the Redevelopment Agreement does not prohibit deeding the public parking spaces to the City but does not oblige the owner to deed the spaces to the City right awayi that the issue could always be on the table. Commissioner Palmer stated that the concern is for the long term; that the commitment made by the City to partner with Casto was the 300 public parking spaces would be for the public; that ensuring the spaces remain for the public in the future is the concerni that the issue concerning financing is understood; that once the financing ends and the ownership turns over to Casto or the owner at the time, the Parking Agreement could indicate the public parking spaces become the property of the City. City Manager McNees stated that the owner's answer to the question is the financing likely never ends; that the financing is continually rolled over. City Attorney Fournier stated that the license is irrevocable; that the remedies for default include only collection of a money judgment against the City for its failure to pay its proportionate share of the cost; that the City cannot be evicted from the use of the spaces; that a right to possession of the spaces as a remedy does not exist which is consistent with the basis of the Parking Agreement as a license to a public entity which is irrevocable and is the reason the City can assign the spaces to a private entityi that the owner would be in the position of having a private entity which could not be evicted if the entity did not pay for the spaces; that the sole remedy is to obtain a money judgment which is entirely, academic; that the City will pay its proportionate share of the operating costs. Commissioner Palmer stated that the irrevocable license is to enter the parking facility and utilize the public parking spaces; that irrevocable means forever; that the lease agreement is not in perpetuity; that the lease agreement includes an irrevocable license for the City to the use the spaces for two successive terms of 99 years; that 188 years is a considerable period of time; that some buildings around the World are older than 188 years; that a question is the reason the language does not indicate the lease is a perpetual lease forever as long as the building remains? City Attorney Fournier stated that the thought was anything less than fee simple ownership had to have some term; that property owned in fee simple is in perpetuity at least until sold, conveyed or disposed; that any other type of ownership requires a term; that the solution was a 99 year term with two 99 year options which would be 297 years; that in all likelihood the term is probably greater than the lifespan of the structure; that the City did not own the spaces in fee simple which is the reason for placing a term on the interest in the property. Commissioner Palmer stated that the issues of taxes related to a public portion of the building are not understood; that a portion of the building will be used for public purposes which is equated to the situation with the Ed Smith Sports Complex; that the City owns Ed Smith Sports Complex; that the City does not pay taxes on the Ed Smith Sports Complex except during the time the Cincinnati Reds utilize, rent, or rent out the complex; that the City pays taxes on the complex for the private use; that the situation is reversed concerning Whole Foods; that the building is private; however, a portion of the building is being used for public use only; that therefore, no property taxes should be assessed. City Attorney Fournier stated that the understanding is correct; that the identity of the owner as a public entity is not at issue; that the manner in which the facility is used is determinative of whether a property tax will be assessed; that the 145 spaces either could or would be leased out to profit making businesses; BOOK 57 Page 28874 10/18/04 2:30 P.M. BOOK 57 Page 28875 10/18/04 2:30 P.M. that under the circumstances, the spaces would likely be taxable; that the spaces will likely not be taxed if the Commission adopts a policy not to lease the spaces. Commissioner Palmer stated that the Parking Agreement should indicate the City will not be responsible for any taxes if in fact all of the public parking spaces are public. City Attorney Fournier stated that the Parking Agreement includes provisions which contemplate going to the Property Appraiser and making the argument the spaces are privately owned but publicly utilized spaces. Mayor Martin asked the number of existing parking spaces? City Attorney Fournier stated that 114 surface spaces are located on the site. Mayor Martin asked for clarification regarding the manner in which Casto will enforce the two-hour parking time limit. City Attorney Fournier stated that the Owner indicated through discussion the desire to have the discretion to allow someone to remain longer than the two hour time limit since the level of usage cannot yet be assessed; that spaces may not be heavily utilized or half full; that the Sarasota Police Department (SPD) would not necessarily have the discretion to allow people to remain parked longer than the two hour time limit; that the two hour limit came about as a result of Casto's lease with Whole Foods; that the intent was to relieve the City of any enforcement obligations leaving the enforcement up to the owner. Commissioner Palmer asked the manner in which the owner will enforce the parking restrictions? Mayor Martin stated that the owner can post the time limits. City Attorney Fournier stated that the vehicle can be booted; that the owner can be requested to provide the method of entorcement. Commissioner Palmer asked if boots can be applied to a vehicle in public parking spaces? City Attorney Fournier stated that the City can grant the owner enforcement rights if the two-hour restriction is posted. Mayor Martin stated that the two-hour restriction will likely not be enforced in such a manner in consideration of public relations; that the intent is to make people feel welcome. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to authorize the Mayor and City Auditor and Clerk to execute the proposed Parking Agreement and License between the City of Sarasota and Casto-Zenith Venture, LLC regarding the use, operation, and maintenance of 300 public parking spaces in the Whole Foods Market Centre parking facility subject to: 1) a reference to Section 768.28, Florida Statutes, the Sovereign Immunity Statute, in Paragraph 0,Indemnification, 2) two renewal options for the City at a term of 99 years each, 3) adjustments at five year intervals to the $25,000 maximum on operating costs in Paragraph 20, Cap on Operating Costs, in an amount equal to the Consumer Price Index or three percent, whichever is less, and 4) the Commission's right of approval to the parking restrictions for substitute anchor tenants shall not apply to the first five years. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yes; Palmer, yes; Servian, yes; Martin, yes. John Tylee, Executive Director, the Downtown Partnership, 1818 Main Street (34236), came before the Commission and stated that he is speaking on behalf of the Downtown Partnership; that the public parking spaces should be free, at least in the short term; that the Downtown Partnership is participating in the Downtown Master Parking Plan which is not yet concluded; that reviewing the public parking spaces within the context of the overall Downtown Master Parking Plan is important; that the direction in which the Downtown Master Parking Plan seems to be heading is to charge more for parking closer to Main Street and less for less desirous parking away from Main Street; that the public parking spaces will be on the third level of the building which is further away from Main Street and less desirable due to the amount of time necessary to travel up and down the levels; that over the summer, retail in the Downtown has suffered significantly through construction and from the recent hurricanes; that as the Whole Foods development is underway and new retail comes to the community, the City should provide an environment which sends a signal to the community and everyone of the fact free parking is available in the Downtown; that the City should assure good parking is available at least in the short term; that a different recommendation may come forth in the future once the Downtown Master Parking Plan is concluded; that free parking should be available at least in the short BOOK 57 Page 28876 10/18/04 2:30 P.M. BOOK 57 Page 28877 10/18/04 2:30 P.M. term; that the City should do everything possible to bring back retail into the Downtown. City Manager McNees stated that everyone has indicated the parking should be free; however, an explanation will be provided regarding the reason the level 3 parking should not be free; that the employee parking demand for the Downtown businesses must be addressed; that the Administration recommends the 145 spaces be included in the City's parking space lease inventory sO Downtown businesses can begin to lease the spaces for their employees during the daytime during the week; that the suggestion is the 145 spaces be available during the evening on demand for some of the valet services which serve the Sarasota Opera, etc.; that level 2 parking will be free with a 2 hour time limit; that once Whole Foods is closed in the evening, the ground level will be available for Downtown parking; that all of the 300 public parking spaces on level 2 and 3 will be available during the evening for anyone; that level 3 would be set aside for valet parking; that the Administration's recommendation is to avoid entering into any long term agreements and to consider month to month agreements sO adjustments can be made as necessaryi that having employees of the Downtown businesses parking on level 3 will relieve the street parking which will assist retail. Mayor Martin stated that the Orange Avenue parking lot with trolley service for Downtown business employees was offered free of charge; that the businesses did not take advantage of the offer; that the incentive to offer the level 3 parking to Downtown business employees, especially if a charge is imposed is not seen. City Manager McNees stated that the employees did not desire to ride the trolley; that the sense was the Orange Avenue parking lot was too far from the Downtown business; that people are indicating a large demand for the parking spacesi that the Administration will come back before the Commission with a different recommendation if no one desires to lease the parking spaces; that the Administration believes the demand for leasing the parking spaces exists and the spaces will lease out quickly. Mayor Martin stated that another option is to allow businesses to reserve the spaces for employees; however, not necessarily to charge for the spaces sO an incentive will be created for businesses to have employees park off the street. City Manager McNees stated that the Commission's prior direction was to identify some revenue at least to cover the cost of operations. Vice Mayor Servian stated that the goal is to get the employees off Main Street and identify an alternative place for the employees to park; that the employees' vehicles should be identified in some manner; that the discussion has taken place with the Main Street Merchants and the Downtown Partnership many times; that people are observed every day jockeying vehicles from parking space to parking space every two hours; that the City should ensure the employers identify a way to decal the employees' vehicles; that employees should pay a higher fine for parking on Main Street. City Manager McNees stated that the suggestion of Vice Mayor Servian and the Administration's suggestion work together; that an incentive exists for an employee to place an identification decal of their vehicle if employer parking is available on level 3 and an identification decal is required on a vehicle to be allowed to park on level 3; that an identification decal allows an employee to legally park on level 3 and also identifies an employee's vehicle parked on Main Street. Commissioner Palmer stated that the City Manager's recommendation is supported; that the views expressed by Mr. Tylee are understood; however, the points made by the City Manager and Vice Mayor Servian are on target; that the point for many years has always been parking on Main Street by employees does not allow an opportunity for the people who come in to shop, eat, attend the movies, etc., to park; that complaints of no places to park are continually received; that problems will be encountered if the City provides free parking and then decides to charge for parking later on, which was evidenced during the afternoon session discussion regarding fees for using the Skate Park; that the preference is to move head and have the Administration come back with a recommendation for specific charges for the parking; that the charges should be reasonable. Mayor Martin stated that the demand for the parking is not seen especially considering the experience with the offer for the Orange Avenue parking lot and the trolley to connect employees with businesses for: free; that store owners must be made aware of the parking arrangement, that an opportunity must be available to every store owner; that the system must be handled fairly; that in the past, store owners have indicated some BOOK 57 Page 28878 10/18/04 2:30 P.M. BOOK 57 Page 28879 10/18/04 2:30 P.M. businesses receive information and some do not; that the system must be fair. Commissioner Atkins stated that parking on Main Street has been a problem for a long time; that the reality is the problem on Main Street is the business Owners and the employees of the businesses; that the City should move on if the 145 spaces are made available to Downtown business and the business do not take advantage of the spaces immediately; that the employees and business owners can continue to jockey vehicles or can receive tickets if remaining in a space past the time limit. Mayor Martin stated that the Commission's consensus has been heard to support the Administration's recommendation for the 145 spaces on level 3 to be included in the City's parking space lease inventory for a trial period of time. Commissioner Palmer stated that the amount charged and the issue of fairness through the process are concernsi and asked if the Administration will bring back a schedule of the lease arrangements? City Manager McNees stated that the plan is to charge the same amount as charged in other City lots in which spaces are leased; that the amount presently being charged will be verified; that the Mayor''s concern regarding the process is shared; that everyone should be made aware of new inventory in the system; that the manner in which business owners will be made aware has not yet been determined; that availability of the parking will likely be widely advertised and a deadline will be imposed for people to apply; that a lottery system is possible depending upon the number of applications received; that a fair system will be devised. Commissioner Palmer requested that the Commission be kept informed sO information can be provided to the public. 22. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XVIII) CD 8:48 There was no one signed up to speak. 23. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIX) CD 8:48 through 8:57 COMMISSIONER BILYEU: A. stated that a meeting of Juvenile Justice Council of the Department of Juvenile Justice was attended; that the juvenile justice cases decreased over the last month, which is personally considered good; that the decrease could be attributable to the recent hurricanes; that the program is dependent upon funding; that less juvenile justice cases could mean less funding; that he provides support and ensures the juveniles in the City receive the appropriate attention. B. stated that the Sarasota County Homeless Coalition met on Thursday, October 14, 2004; that a presentation is being prepared which will be brought forth to the City Commission, the Sarasota Board of County Commissioners and all the other municipalities in the County to discuss the future plans of the coalition; that the plan includes elimination of the problem of the homeless which is supported; that the hope is all citizens support the elimination of homelessness. VICE MAYOR SERVIAN: A. stated that the presentation provided regarding the Economic Development Board of Sarasota County (EDC) was appreciated; that an EDC meeting will be attended this week; that a full report will be provided at the next Regular Commission meeting; that an "Economic Development Rocks" film was made by AccessSarasota Channel 19 and will be a series of segments discussing the overriding principle behind the new five year update, which should be an exciting program. B. stated that the Sarasota/Manatee Metropolitan Planning Organization (MPO) had a meeting this week regarding the 2005 legislative priorities. C. stated that the Florida League of Cities appointed her to the Community Redevelopment Area working groupi that the working group includes six representatives of cities and six representatives of counties both of which include three elected officials; that the remaining BOOK 57 Page 28880 10/18/04 2:30 P.M. BOOK 57 Page 28881 10/18/04 2:30 P.M. members can be City Managers, County Managers, Community Redevelopment Agency (CRA) Directors, Finance Directors, etc.; that the cities are content with the Florida Statutes regarding Community Redevelopment Areas as written; however, the counties are not; that the working group is dealing both with charter counties and non- charter counties; that the non-charter counties are distressed due to the fact cities can just form Community Redevelopment Areas without the approval of the countyi that cities can encapsulate the entire city, if desired; that the working group is attempting to bring back "sharp sticks"; that the desired changes are being identified; that fellow Commissioners are requested to provide any input; that another meeting is planned on October 27, 2004; that the cities' representatives met for two hours and the counties' representatives then arrived; that the meeting continued until 6:00 p.m., which is encouraging; that the session was good; that several individuals on the cities' side were able to gain an understanding of. the frustration of the counties; that the first meeting was extremely encouraging, although the end result cannot be anticipated; that the legislature will possibly impose undesirable changes if the cities and counties do not reach a conclusion; that any suggestions from fellow Commissioners will be brought to the next meeting. Mayor Martin stated that the extra effort is appreciated. COMMISSIONER ATKINS: A. stated that an Enterprise Zone Development Agency Board meeting was attended; that the Board is on a solid foundation, has moved through the expansion process and has a quorum which meets regularly; that the Board is making major progress. COMMISSIONER PALMER: A. stated that she is on the Florida League of Cities Intergovermmental Relations (IGR) Committee; that a policy meeting was held on Friday, October 15, 2004; that Community Redevelopment Areas, annexation and a number of other major issues were discussed; that the IGR Committee believes the issues must be attacked in a more global manner rather than issue by issue; that many of the issues relate specifically to cities and counties which become upset concerning an issue and take the issue to the legislature for a cure; that she suggested the cities and counties must meet to work out the issues; that one solution will never be adequate for 67 counties and 438 cities; that the IGR Committee will be addressing the issues in a broader perspective in an attempt to persuade the State Legislature to stop trying to Band-Aid issues which should be solved through home rule, and local intergovernmental conversations. B. stated that she served on the Steering Committee regarding a new use for the Sarasota High School building; that the Sarasota County School Board will be making a decision regarding the future use of the Sarasota High School building sometime after 6:30 p.m., during the meeting which will be held Tuesday, October 19, 2004, at the School Board offices at The Landings; that six choices have been identified; that the School Board will look favorably on the one which is as palatable and financially feasible as possible; that the importance of the decision will be realized if a significant number of people attend the meeting. MAYOR MARTIN: A. stated that the Commissioners have received an invitation for the October 28, 2004, formal signing of the Interlocal Agreement and the celebration of the work to date regarding the Sarasota Bay Estuary Program; that the celebration will be held at the Crosley Estate; that some Commissioners may be out of town; that he will be attending the celebration; that the hope is most of the Commissioners will be able to attend. 24. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XX) CD 8:57 through 9:11 COMMISSIONER BILYEU: A. stated that Pioneer Day was attended on Sunday, October 17, 2004, and was enjoyable; that he had never attended Pioneer Day in the past; that people who have lived in Sarasota for over 50 years get together and talk; that he tasted swamp cabbage for the first time; that swamp BOOK 57 Page 28882 10/18/04 2:30 P.M. BOOK 57 Page 28883 10/18/04 2:30 P.M. cabbage is tasty; that he was invited to do the invocation; that Pioneer Day provides a significant amount of history; that people moving to the area are not aware of Sarasota's significant history. Mayor Martin stated that Pioneer Day was also attended. VICE MAYOR SERVIAN: A. stated that the International Downtown Association conference was attended from September 29 through October 5, 2004, in Vancouver, Canada; that the conference resulted in amazing ideas which will be discussed either at the next informal meeting or will be compiled and torwarded to fellow Commissioners; that the ideas specifically relate to density bonuses, methods of calculating financial gain on the density bonus and the amount of money being received from developers to do incredible projects; that homeless shelters, daycare centers, etc., are being constructed as well as comfort stations; that the City needs restrooms for tourists and others; that incredible projects are taking place around the World; that people from Japan, Central America, South America, all over Canada and the United States attended and shared amazing downtown development stories; that the City should encourage Business Improvement Districts and work in stronger cooperation with the existing BID and with the Downtown Partnership; that amazing development takes place in downtowns through collaboration; that the City is missing the boat. B. stated that the 2004 Florida Ethics Conference was attended with City Auditor and Clerk Robinson on October 11th and 12th, 2004; that the entire Commission should attend a future ethics conference; that the conference provided information which may not be realized by fellow Commissioners; that the Commissioners are likely participating in certain things which can be done better; that the City Auditor and Clerk could possibly develop some rules of ethics for the Commission, Department Heads, and anyone having dealings with lobbyists or people doing business with the City; that rules of ethics are extremely necessary; that the City has been lucky thus far; that. several of the City of Venice, Florida, Commissioners have been charged with ethics violations a significant number of times; that the charges have been dismissed; that the conference was fascinating; that the binder received at the conference will be made available to fellow Commissioners; that having the opportunity to attend the conference with the City Auditor and Clerk is appreciated. COMMISSIONER ATKINS: A. stated that clarification of the rules regarding valet parking for businesses in the City is necessary; that valet parking is sometimes personally offensive; that the drivers appear to believe a right exists to park in public parking spaces, which is wrong; that rules must be established and distributed. City Manager McNees stated that the City regulates valet pickupi that businesses having valet parking contract with someone who has private parking; that the situation of valet parking taking up public inventory will be researched. Commissioner Atkins stated that valet parking is taking up public spaces; that valets are dropping off and picking up vehicles by and controlling public spaces in the Downtown which is not right. City Manager McNees agreed. Mayor Martin stated that the specifics should be provided to the City Manager sO the situation can be addressed. COMMISSIONER PALMER: A. stated that the possibility of the Commissioners being in danger due to ethics complaints is a concern; that the hope is the City Auditor and Clerk will provide rules of ethics to the Commission quickly. City Auditor and Clerk Robinson stated that confusion always exists with regard to the gift laws; that the type of gift allowed and the amount of the gift cause confusion; that he and the City Attorney will develop some rules of ethics. Commissioner Palmer stated that the request is to provide rules of ethics immediately if a problem exists; that the Commission is not intentionally breaking any rules of ethics. BOOK 57 Page 28884 10/18/04 2:30 P.M. BOOK 57 Page 28885 10/18/04 2:30 P.M. Vice Mayor Servian stated that an interesting example was learned at the conference; that a Commissioner is invited to a cocktail party and accepts the invitation, the Commissioner has the responsibility to find out the cost for the Commissioner to attend; that the cost must be declared since the person may be a lobbyist, is doing business with the City, or has done business with the City within the last year; that some obscure rules exist; that ethics violations have been imposed on Commissioners from other cities; that the Commissioners have been fined as a result of obscure things; that having to determine and declare the cost of attending a cocktail party would never have been personally considered previously. City Auditor and Clerk Robinson stated that any gift from with a lobbyist or someone conducting business with a Commissioner within the last year costing over $100 is illegal and cannot be accepted. Commissioner Palmer asked the definition of a lobbyist? City Auditor and Clerk Robinson stated that a neighborhood representative would not be included as a lobbyist. Commissioner Palmer asked the situation if a developer invites Commissioners to an opening of a new development? City Auditor and Clerk Robinson stated that the situation would be illegal if the cost of the function is over $100 per person. Vice Mayor Servian stated that a workshop should be held at some point to discuss development of ethics rules. City Auditor and Clerk Robinson stated that the rules of ethics apply to the City's advisory boards as well. B. asked the status of applications for vacancies on City boards? City Auditor and Clerk Robinson stated that not much response has been received; that the vacancies will be re-advertised on the weekend and will include the vacancies on the Bobby Jones Golf Course Advisory Board. Mayor Martin stated that the list of openings has been distributed to all the Commissioners; that identifying candidates is incumbent upon the Commission. Commissioner Palmer asked for clarification regarding making the appointments to the boards. City Auditor and Clerk Robinson stated that the intent was to include the appointments to the boards on the Agenda of the November 15 or December 6, 2004, Commission meeting, depending on the receipt of the applications. C. stated that information from the Administration regarding the situation with the Sarasota Housing Authority (SHA) which was raised at the October 4, 2004, Regular Commission meeting is requested; that the request was to have the SHA Executive Director provide the Commission with a report at a Commission meeting; and asked the status of the request? City Manager McNees stated that a written report will be provided. Commissioner Palmer stated that the time some public information regarding the SHA will be available is requested; that the information is necessary. Vice Mayor Servian agreed. Commissioner Atkins stated that perhaps John Hawthorne, Redevelopment Specialist, Planning and Redevelopment Department, could be requested to provide a report as well. Commissioner Palmer stated that receiving information regarding the future direction of the SHA and the manner in which the SHA is working with the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 (Newtown Plan) and other related initiates is necessary as soon as possible. Mayor Martin agreed. MAYOR MARTIN: A. stated that regarding the SHA and a nominee for the vacant seat, a request is for City Auditor and Clerk Robinson to agenda the item for the October 25, 2004, Special Commission meeting; that the hope is to bring the nomination forward at the meeting; that the City Manager met with James Ley, County Administrator, to discuss the City's and the County's general direction regarding the partnership with the SHA; that the BOOK 57 Page 28886 10/18/04 2:30 P.M. BOOK 57 Page 28887 10/18/04 2:30 P.M. understanding for a partnership with the SHA is the intention is to bring forward a plan of action which the City and County would support in terms of. C. stated that the understanding is a workshop will be scheduled in January 2005 regarding the issues concerning a new police/public safety site; that a bond issue regarding the public safety site was discussed for March 2005, which seems unlikely at this point. City Manager McNees stated that a package of options will be provided in early November 2004. City Auditor and Clerk Robinson stated that the workshop is scheduled for Thursday, November 4, 2004, from 3:00 p.m. to 5:00 p.m. 25. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XXI) CD 9:11 through 9:15 CITY MANAGER MCNEES: A. stated that he attended absolutely nothing on Sunday, October 17, 2004, and spent four hours in the back yard reading a newspaper for the first time he can possibly recall; that the experience was nice; that the City removed all the yard waste from the recent hurricanes. CITY AUDITOR AND CLERK ROBINSON: A. stated that an informal meeting is scheduled Wednesday, October 20, 2004, from 4:00 p.m. to 5:00 p.m. in the City's Federal Building. B. stated that the Indian Beach Sapphire Shores public hearing is scheduled for Monday, October 25, 2004, at 6:00 p.m.i that the Sarasota Housing Authority appointment will be added to the agenda. C. stated that on Tuesday, October 26, 2004, a joint meeting is scheduled with the Historic Preservation Board at 3:00 p.m. D. stated that Jan Thornburg has been hired as the new Public Information Officer (PIO); that Ms. Thornburg has worked with Channel 13 for a number of years and has significant experience with the media; that Ms. Thornburg will be starting work on October 27, 2004. CITY ATTORNEY FOURNIER: A. stated that the City Attorney's Office did without electronic mail (email) for approximately three days last week which was extremely inconvenient. B. stated that the City has been named in a lawsuit as a co-defendant by the half siblings of Nathan Coon, Jr., the seller of property the City purchased to expand Fredd Atkins Park. Commissioner Atkins asked for clarification regarding the suit and progression of the project? City Attorney Fournier stated that one of the things requested in the complaint was to enjoin the demolition of the structure currently on the site; that the structure has been boarded up and is not in use; that the asbestos has been removed from the structure; that the hope is to be able to move forward with the demolition since the City has a contract for demolition; that the benefit of the demolition price may be lost if the demolition is delayed; that demolition of the building will be a priority; however, a guarantee cannot be provided. 26. ADJOURN (AGENDA ITEM XXII) CD 9:15 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of October 18, 2004, at 9:15 p.m. Bckaaclartr RICHARD F. MARTIN, MAYOR ATTEST! 3LE Relnson BILLY EROBINSON, CITY AUDITOR AND CLERK BOOK 57 Page 28888 10/18/04 2:30 P.M.