MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 1, 2002, AT 6:00 P.M. PRESENT: : Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary Anne Servian, Deputy City Manager V. Peter Schneider, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: City Manager Michael A. McNees PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Mason stated that the City Manager is not in attendance as he is attending the Final Four College Basketball Playoffs for the National Basketball Championship, in which his Alma Mater, the University of Indiana, is playing. Deputy City Manager Schneider introduced Michael Raposa, newly appointed Director of Neighborhoods, who began his employment with the City todayi and stated that the position of Director of Neighborhoods has been open for a period of time; that an extensive employment search was conducted to find the right person; that Mr. Raposa was formerly with Hillsborough County and previously worked in Sarasota. Mr. Raposa came before the Commission and stated that serving in the position of Director of Neighborhoods is wonderful; that becoming acquainted and working with City Staff and neighborhood leaders is eagerly anticipated; that the City's Department of Neighborhoods will be the best in the State; that the hospitality of the Commissioners and Staff is appreciated. 1. PRESENTATION RE: RECOGNITION OF POLICE DEPARTMENT CIVILIAN EMPLOYEE OF THE YEAR FOR 2001 AND POLICE DEPARTMENT SWORN OFFICER OF THE YEAR FOR 2001 #1 (0090) through (0198) CD 6:05 through 6:08 Mayor Mason requested that Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), join her before the Commission table for BOOK 51 Page 22996 04/01/02 6:00 P.M. BOOK 51 Page 22997 4/01/02 6:00 P.M. the presentation of the SPD 2001 Civilian Employee and Sworn Officer of the Year. Chief Jolly stated that John Enger, Judicial Liaison/Chaplain, Judicial Liaison Program, SPD, and SPD 2001 Civilian Employee of the Year is unfortunately not available for the presentation but is recognized for his significant contribution to SPD and the City; that Mr. Enger works as SPD's Court Liaison to ensure close coordination between the Public Defender's Office and SPD concerning the attendance of SPD officers in court; that over 13,500 subpoenas for SPD officers were processed in 2001; that Mr. Enger developed a computer program to track SPD officer attendance in response to subpoenas; that as a result, SPD has a 99.8 percent SPD officer attendance rate in court, which is excellent; that Mr. Enger also serves as SPD Chief Chaplain and is always available to assist employees with personal matters or victims of crime; that Mr. Enger's faith and dedication make SPD proud of naming John Enger as the SPD 2001 Civilian Employee of the Year. Chief Jolly requested that Carmen Woods, SPD Detective, Criminal Investigation Division, and SPD 2001 Sworn Officer of the Year, join him and the Commission at the Commission table for the presentation and stated that Detective Woods is a shining star with SPD, having begun the year as the Nuisance Abatement Officer and did an outstanding job of bringing nuisance abatement cases before the Nuisance Abatement Board; that the Nuisance Abatement Program has been successful in the City by assuring landlords are responsible for the property and the tenants; that Detective Woods taught the City's Landlord/Tenant Training Program, which is unique to the City, and subsequently transferred to the Criminal Investigation Division; that Detective Woods worked hard to make arrests for a series of recent burglaries in the south side of the City; that Detective Woods does an outstanding job for the City, making SPD proud to name Detective Carmen Woods as the 2001 SPD Sworn Officer of the Year. 2. PRESENTATION RE: MUSIC/VIDEO TO CITY COMMISSION REGARDING CITY OF SARASOIA CENTENNIAL #1 (0198) through (0375) CD 6:09 through 6:14 Mayor Mason requested that George McClain, representing the Sarasota Concert Band, join her before the Commission table for the presentation. Mr. McClain stated that the Sarasota Concert Band has provided music and entertainment to City residents and visitors continuously since 1954 and traces its roots back to the 1920s; that some members who formed the Sarasota Concert Band in 1954 had played with circus and community bands since the 1920s; that last summer, the Sarasota Concert Band decided to do a show celebrating the City's historyi that the show, which is entitled the Sarasota Story, will be presented on April 12, 2002, at the Van Wezel Performing Arts Hall; that 2002 is the City's centennial anniversary, making the Sarasota Story a community cultural event. A video concerning the Sarasota Story, a celebration of Sarasota, the City's history, and the arts in the City was shown on the Chamber monitors. 3. PRESENTATION RE: : RECOGNITION OF THE CITY OF SARASOTA FOR BEING A "TOP TEN" CONTRIBUTOR IN THE EMPLOYEE CAMPAIGN SUPPORT FOR THE 2001/2002 ANNUAL CAMPAIGN UNITED WAY OF SARASOTA COUNTY, INC. #1 (0375) through (0416) CD 6:14 through 6:15 Commissioner Martin stated that he had the pleasure of attending the luncheon sponsored by the United Way of Sarasota County, Inc., at which the City was presented a plaque for efforts concerning the United Way campaign and recognizing the City as a top ten contributor; and presented the Mayor with the United Way plaque in recognition of the contributions by City employees totaling $39,787. 4. PROCLAMATION RE: PROCLAIMING APRIL 2002 AS FAIR HOUSING MONTH #1 (0416) through (0505) CD 6:15 through 6:18 Mayor Mason requested that the following individuals join her before the Commission table: Trevor Harvey, Vice President of the National Association for the Advancement of Colored People of Sarasota County, April Charney, Attorney for Gulfcoast Legal Services, Inc., and Calvin Knowles, Grants Specialist, Office of Housing and Community Development, representing David Nash, Vice Chair of the Board of Directors of the Suncoast Center for Independent Living BOOK 51 Page 22998 04/01/02 6:00 P.M. BOOK 51 Page 22999 4/01/02 6:00 P.M. Mayor Mason read in its entirety the proclamation declaring April 2002 as Fair Housing Month in the City to mark the 34th Anniversary of the signing of Title VIII of the 1968 Civil Rights Act, as amended, which guarantees fair housing opportunities for all Americans; that assuring fair housing opportunities for all citizens of the City is an important goal; that the City, the Federal Department of Housing and Urban Development, concerned citizens, and the housing industry are working to realize the dream of fair and affordable housing for all City and County residents; that the City is contributing to the health of the county, state, and nation and encouraging others to abide by the letter and spirit of the Federal Fair Housing Act by supporting and promoting fair housing and equal opportunity; that pride is taken in recognizing April 2002 as Fair Housing Month; presented each with the proclamation; and expressed appreciation to each for championing the cause of fair housing. 5. PROCLAMATION RE : PROCLAIMING THE WEEK OF APRIL 1 THROUGH APRIL 7, 2002, AS COMMUNITY DEVELOPMENT WEEK #1 (0505) through (0635) CD 6:18 through 6:22 Mayor Mason requested that Reverend Dr. Paul Bender, President, Habitat for Humanity Sarasota, and Calvin Knowles, Grants Specialist, Office of Community Development, join her before the Commission table and read in its entirety the proclamation declaring the week of April 1 through April 7, 2002, as Community Development Week and indicating that the Community Development Block Grant (CDBG) Program has operated since 1985 and the HOME Partnership Investment Act (HOME) Program has operated since 1991 to provide local governments the necessary resources to meet the needs of low- to moderate-income people; that CDBG and HOME funds are used by local governments and non-profit organizations throughout the country to address pressing neighborhood and human services needs; that the City has customized the CDBG and HOME Programs to identify, prioritize, and resolve local problems such as affordable housing, neighborhood and human services needs, and physical redevelopment. Dr. Bender stated that Habitat for Humanity extends appreciation for the proclamation; that representatives of Habitat for Humanity International, which is taking the lead throughout the County in eliminating substandard housing, will be making a presentation concerning the 21st Century Challenge at the following times and locations on April 4, 2002: 8:30 a.m. The Laurel Civic Association, 509 Collins Road, Laurel 5:30 p.m. Family Life Center, First Presbyterian Church, 2050 Oak Street, Sarasota Dr. Bender stated that the Commission and the public are invited; and presented the Commissioners with a photograph from the groundbreaking ceremony for the Jordan's Crossing development. 6. PROCLAMATION RE: : RECOGNIZING THE 75th YEAR OF THE SARASOTA GARDEN CLUB, INC. #1 (0635) through (0752) CD 6:22 through 6:26 Mayor Mason requested that Florence Mercer, President of the Sarasota Garden Club, join her before the Commission table and read in its entirety the proclamation of April 13, 2002, the opening day of the Annual Flower Show, as Sarasota Garden Club Day in recognition of its 75th anniversary and indicating that the Sarasota Garden Club had its beginnings in the home of Ms. A.E. Cummings on May 6, 1927, having 26 women and 3 men as Charter Members with Mrs. John Ringling serving as the first President; that in 1960, the Sarasota Garden Club opened its permanent home behind the current Visitor Information Center and now has more than 280 members who continue to work to beautify the community, showcase prize horticultural specimens and floral arrangements, educate the community about enhancing the environment, and share skills at schools, other community institutions, and the public; that pride is taken in recognizing 75 years of community service by the Sarasota Garden Club and presented the proclamation to Ms. Mercer. Ms. Mercer stated that the Proclamation of April 13, 2002, as Sarasota Garden Club Day is appreciated; that the public is invited to the Annual Flower Show. 7. ADOPTION RE: MEMORIAL RESOLUTION NO. 02R-1493, RECOGNIZING THE PASSING OF FORMER MAYOR AND COMMISSIONER JOHN D. KICKLIGHTER - ADOPTED #1 (0752) through (0940 CD 6:26 through 6:31 Mayor Mason requested that Vice Mayor Quillin make the presentation. BOOK 51 Page 23000 04/01/02 6:00 P.M. BOOK 51 Page 23001 4/01/02 6:00 P.M. Vice Mayor Quillin stated that Memorial Resolution No. 02R-1493 recognizes the March 17, 2002, passing of John D. Kicklighter, former Mayor, Commissioner, and an outstanding citizen of Sarasota; that Mr. Kicklighter was a City resident since youth and owner of the Sarasota Hardware and Paint Store on Main Street, a respected merchant, former President of the Sarasota Chamber of Commerce, Chairman and President of the Florida Insurance Service Company, Board of Directors of National Bank, and a member of numerous professional associations; that Mr. Kicklighter was a former Mayor, serving on the Commission from 1953 to 1956, a period during which important policy decisions affecting the City's future were made; and read Memorial Resolution No. 02R-1493 in its entirety. On the motion of Commissioner Palmer and second of Commissioner Servian, it was moved to adopt Memorial Resolution No. 02R-1493. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. The following family members came forward and were presented with a copy of the memorial resolution, appropriately framed on a plaque: Suzanne Krill, daughter, and James Krill, son-in-law. Ms. Krill stated that her father served on the Commission during an exciting and controversial time during which community residents often stopped by the local hardware store to discuss City affairs; that he was proud to serve as Mayor and Commissioner and be part of the vision for the City. 8. ADOPTION RE : MEMORIAL RESOLUTION NO. 02R-1494, RECOGNIZING THE PASSING OF EUGENE FIGG, JR. = ADOPTED #1 (0940) through (1139) CD 6:31 through 6:37 Mayor Mason stated that Memorial Resolution No. 02R-1494, recognizes the March 20., 2002, passing of Eugene Figg, Jr., who is professionally known as the father of the concrete segmental bridge in America; that Mr. Figg was a registered professional engineer in 39 states, the recipient of numerous prestigious honors and a member of numerous professional associations; that Mr. Figg dedicated his life to the design of bridges which make a statement and leave a lasting impression and brought his expertise and talent to the City to manage the design charettes and public meeting process of the John Ringling Causeway Replacement Bridge; and read Memorial Resolution No. 02R-1494 in its entirety. On the motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt Memorial Resolution No. 02R-1494. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. Dennis Daughters, Director Engineering/City Engineer, came forward; accepted a copy of the memorial resolution appropriately framed on a plaque on behalf of the family; and stated that Mr. Figg was an amazing man and made a significant contribution to the City by bringing his talent and expertise to the design charettes for the John Ringling Causeway Bridge replacement; that the memorial resolution will be delivered to Mr. Figg's family. 9. PRESENTATION RE: : UPDATE ON SARASOTA OPENLY ADDRESSES RACISM (SOAR) #1 (1134) through (1675) CD 6:37 through 6:51 Mayor Mason requested that Mary Ann Andrews, Executive Director, Drug Free Communities, join her before the Commission table for the presentation. Ms. Andrews stated that the 2002 Sarasota Openly Addresses Racism (SOAR) Symposium builds on the success of the 2001 SOAR Symposium; that last year over 300 people gathered to discuss, share experiences, and explore ways racism negatively impacts life in the community; that racism is the number one challenge of the times and requires a larger level of awareness, will, and commitment to eradicate than people anticipate; that the following question will be addressed during the 2002 SOAR Symposium: How can we ensure that our expanding public's dialogue on race lead to meaningful changes in behavior, attitudes and beliefs? Ms. Andrews stated that an exciting youth track has been added for the 2002 SOAR Symposium; that the keynote address will be delivered by Dr. Reginald Robinson, Counselor to the Chancellor and Visiting Associate Professor of Law, the University of Kansas; that a short video concerning SOAR was developed for use throughout the community and throughout the year. BOOK 51 Page 23002 04/01/02 6:00 P.M. BOOK 51 Page 23003 4/01/02 6:00 P.M. The video concerning the City and avenues to address and overcome racial division in the City which will be the subject of the 2002 SOAR Symposium was shown on the Chambers monitors. Mayor Mason stated that the SOAR Symposium will be held from 9 a.m. to 1 p.m. on April 20, 2002, at Booker High School; that the public is welcome and encouraged to attend; that no one person can make the issue of racism go away; that the Commission is saluted for having the courage to make a stand to eliminate racism; that the efforts of everyone involved in SOAR are appreciated. 10. CHANGE TO THE ORDERS OF THE DAY APPROVED #1 (1695) through (1722) CD 6:51 through 6:52 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove under Unfinished Business, Item No. VII.2, Approval Re: Appeal of the decision of the Planning Board/Local Planning Agency to approve Site Plan Application 01-SP-34 to allow a 24-unit, 11-story condominium in the RMF-5 Zone District to be located at 401 and 427 South Palm Avenue, (The Savoy on Palm) per the request of Attorney Fournier. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 11. APPROVAL RE: MINUTES OF THE MARCH 4 AND MARCH 18, 2002 REGULAR COMMISSION MEETINGS - APPROVED ; MINUTES OF THE MARCH 13, 2002, STATUTORY COMMISSION MEETING - APPROVED AS REVISED (AGENDA ITEM I-1, -2 AND -3) #1 (1722) through (1799) CD 6:52 through 6:54 Mayor Mason asked if the Commission had any changes to the minutes of the March 4 and 18, 2002, Regular Commission meeting? Mayor Mason stated that hearing no changes, the minutes of the March 4 and 18, 2002, Regular Commission meetings are approved by unanimous consent. Mayor Mason asked if the Commission had any changes to the minutes of the March 13, 2002, Statutory Commission meeting? Commissioner Palmer stated that the word "not" should be deleted from the following under Agenda Item II, Remarks of Commissioners, Announcements and Items for Next Agenda: COMMISSIONER PALMER: C. stated that a proponent of the referendum indicated time should not be taken to mend fences Mayor Mason stated that hearing no other changes, the minutes of the March 13, 2002, Statutory Commission meetings are approved by unanimous consent. 12. BOARD ACTIONS RE: : REPORT RE : HISTORIC PRESERVATION BOARD' S REPORT OF MARCH 12, 2002 - APPROVED THE EXPENDITURE OF $525 FROM THE HISTORIC PRESERVATION DEMOLITION FUND FOR AN HISTORIC MARKER FOR THE HARDING CIRCLE HISTORIC DISTRICT AND FOR A CONSULTANT TO PREPARE AND SUBMIT A GRANT APPLICATION; RECEIVED REPORT (AGENDA ITEM II-1) #1 (1799) through (1956) CD 6:54 through 6:57 Christopher Wenzel, Chair of the Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Wenzel presented the following item from the March 12, 2002, Regular meeting of the Historic Preservation Board: A. Request from the St. Armands Residents Association for funding for a Florida Historic Marker for the Harding Circle Historic District Mr. Wenzel stated that the St. Armands Residents Association requested the Historic Preservation Board approve an historic marker on St. Armands Circle designating the Harding Circle Historic District; that the funding of the historical marker, which costs $1,500, was discussed; that the Historic Preservation Board discussed applying for a grant which would pay for half the cost of the historic marker; that the St. Armands Residents Association agreed to fund half the balance or $325; that the Historic Preservation Board unanimously voted to recommend Commission approval of the expenditure of $325 from BOOK 51 Page 23004 04/01/02 6:00 P.M. BOOK 51 Page 23005 4/01/02 6:00 P.M. the Historic Preservation Demolition Fund for the historic marker for the Harding Circle Historic District. Mr. Burg stated that Staff recommends the Commission approve an expenditure of $525 from the Historic Preservation Demolition Fund including $325 towards the cost of the historical marker and $200 for a consultant to prepare and submit a grant application; that the St. Armands Residents Assoclation has been working on the designation of the Harding Circle Historic District for over three years and has raised over $1,800 for the overall effort. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve an expenditure of $525 from the Historic Preservation Demolition Fund for an historic marker for the Harding Circle Historic District and for a consultant to prepare and submit a grant application. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the report of the March 12, 2002, Regular meeting of the Historic Preservation Board. Commissioner Palmer stated that the work of the St. Armands Residents Association and the Historic Preservation Board is appreciated. Mayor Mason called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 13. BOARD ACTIONS RE: REPORT RE: : VAN WEZEL ADVISORY BOARD UPDATE = REPORT PROVIDED (AGENDA ITEM II-2) #1 (1799) through (1956) CD 6:54 through 6:57 John Wilkes, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), came before the Commission and stated that the VWPAH Board will regularly report to the Commission; that the VWPAH Chair is out of town and unable to make the presentation but will make the presentations in the future; that the VWPAH is on schedule to meet budget projections for fiscal year (FY) 2001/02; that revenues are down; however, expenses are down further; therefore, earnings may be better than anticipated by fiscal year end. Mr. Wilkes distributed copies of articles concerning the VWPAH which appeared in the print media during February and March 2002; and stated that the positive print media coverage is pleasing; that additionally, Comcast provided national television coverage for the recent Sarasota Jazz Festival, which will be telecast on four television documentaries nationwide with a viewership of an estimated 8 million people, garnering significant attention for the City, the VWPAH, and the Sarasota Jazz Club; that the hope is to showcase the television documentaries to the City's citizens in early May 2002. Mr. Wilkes continued that the VWPAH Board has recommended increasing the number of members; that a May 8, 2002, Commission Workshop has been scheduled concerning City advisory boards, after which the VWPAH Board hopes to increase the membership to provide additional geographical, demographical, and professional representation reflective of attendees of VWPAH performances; that the VWPAH Foundation held the Annual Gala fundraiser on March 17, 2002, and raised $45,000 for the VWPAH's Arts, Education, and Outreach Program; that Tony Bennett was the featured performer; that an application was recently submitted for a Tourist Development Council grant, which will hopefully be approved by the County; that a general-support grant application was recently submitted to the State. Mr. Wilkes further stated that a number of excellent Broadway shows are scheduled for the next season including Riverdance, Blast, Music Man, Swing, South Pacific, Cabaret, Lord of the Dance, Some Like It Hot with Tony Curtis, Sandy Duncan Together on Broadway, Saturday Night Fever, and Grease; that the hope is the Broadway show lineup will be well received by the public; that returning stars include Bill Cosby, Shirley McClain, Harry Belafonte and others; and continued that the annual recognition of the VWPAH volunteers will be held on April 14 from 4 to 7 p.m.i that the Commission is invited to attend to thank the VWPAH's 350 volunteers. Deputy City Manager Schneider stated that the hope is the year will be financially successful; that next season is the first full year of programming at the VWPAH scheduled by Mr. Wilkes since his return as Executive Director. BOOK 51 Page 23006 04/01/02 6:00 P.M. BOOK 51 Page 23007 4/01/02 6:00 P.M. 14. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 6, 7, 8,9, 10, 11, 12, 13, AND 14 = APPROVED ; ITEM NO. 5 = CONSIDERED WITH AGENDA ITEM IV-A-1 (AGENDA ITEM III-A ) #1 (2270) through (2415) CD 7:05 through 7:08 Commissioner Palmer requested that Item No. 5 be removed for consideration with Agenda Item IV-A-1, the public hearing to amend the Project Detail List for the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, for infrastructure improvements to the Cohen Way Public Housing Complex. Vice Mayor Quillin stated that according to the Commission's Rules of Procedure, an item removed from the Consent Agenda will be considered under Unfinished or New Business as appropriate. Commissioner Palmer stated that Consent Agenda No. 2, Item No. III-A-5 and Agenda Item IV-A-1 should be considered at the same time as the topics are related Vice Mayor Quillin asked if the request is to suspend the Commission's Rules of Procedure? City Auditor and Clerk Robinson stated that the Commission can suspend the Rules of Procedure to consider Consent Agenda No. 2, Item No. III-A-5 and Agenda Item IV-A-1 together by consensus if desired. Mayor Mason stated that hearing the Commission's consensus, Consent Agenda No. 2, Item No. III-A-5 will be considered at the same time as Agenda Item IV-A-1. 1. Approval Re: Set for public hearing proposed Ordinance No. 02-4370, amending Chapter 34, Trailers, Tents, etc., Article II. Trailers, Sections 34-17 and 34-18 to prohibit the use of motor vehicles for human habitation; creating Chapter 34, Article IV. To prohibit camping; setting forth findings as to intent and purposei providing definitions; prohibiting camping generally; setting forth exceptions; amending Chapter 10, Beaches and Waterways, Article I. General, Section 10-10 Overnight Camping prohibited except in designated areas to conform to Chapter 34, Article IV, Section 34-10; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 02-4371, amending Chapter 23 of the Sarasota City Code pertaining to Peddlers and Solicitors; to prohibit panhandling in certain places at all times and generally from sunset to sunrise and at all times at certain places; to prohibit aggressive panhandling; providing for definitions; etc. 3. Approval Re: Set for public hearing proposed Ordinance 02-4372, amending Chapter 30, Streets, Sidewalks and other public places, to create Section 30-12 prohibiting urination and defecation in any public place, or at any place where such conduct may reasonably be expected to viewed by others, in other than a toilet; etc. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Donation and Escrow Agreement between the City of Sarasota, WWSB Channel 40, and Sarasota Ford for the July 4th 2002 Fireworks 6. Approval Re: Bylaws for the Sarasota Community Redevelopment Advisory Board 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Performance Agreement between the City of Sarasota and BellSouth Mobility, LLC, for a Commercial Wireless Telecommunication Facility within the City of Sarasota on property located at 1801 North Washington Boulevard (Barry's Trailers) in an industrial zone district 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Local 412 of the International Alliance of Theatrical Stage Employees, AFL-CIO (I.A.T.S.E.) for labor services between Van Wezel Performing Arts Hall and Stagehand Union Local 412 I.A.T.S.E. 9. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract with the first ranked firm, Florida Transportation Engineering, Inc., (RFP #02-26M) to provide Engineering Consultant services for the design and implementation of traffic signal timings for twelve (12) intersections, and in the event that a contract cannot be negotiated with this first choice, BOOK 51 Page 23008 04/01/02 6:00 P.M. BOOK 51 Page 23009 4/01/02 6:00 P.M. terminate these negotiations and proceed to the second choice, as required by Florida Statutes 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Maintenance Agreement between the State of Florida Department of Transportation and the City of Sarasota to provide reimbursement to the City from the State, in the amount of $40,781.40 for the City to assume the responsibility to mechanically sweep streets, mow rights of ways and medians, and remove litter from state roads within City limits for a three-year term 11. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute the Annual Contract between the City of Sarasota and Kuxhausen Construction, Inc., (Bid #02-18M) in the amount of $519,130 for the City-wide Sewer Pipe Replacement 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Gregory Anderson, for water and sewer service for an undeveloped site located at 1851 Myrtle Street and 3950 North Osprey Avenue 13. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Luis A. Banuche and Debra A. Banuche, for sewer service for a developed site located at 3949 South East Avenue 14. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Lyle R. Hochstetler, for water service for a developed site located at 2946 Hawthorne Street On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, and 14. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 15. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1390) ADOPTED, ; ITEM 2 (RESOLUTION NO. 02R-1480) - ADOPTED; ITEM 3 (RESOLUTION NO. 02R-1486) = ADOPTED ; ITEM 4 (ORDINANCE NO. 02-4356) ADOPTED; ITEM 5 (ORDINANCE NO. 02-4363) ADOPTED (AGENDA ITEM III-B) #1 (2415) through (2610) CD 7:08 through 7:12 1. Adoption re: Proposed Resolution No. 01R-1390, authorizing the execution by the City Manager on behalf of the City of Sarasota, Florida of a State of Florida Department of Transportation Maintenance Agreement regarding certain litter removal, roadside mowing, and mechanical sweeping to be performed by City within State of Florida rights- of-way; etc. (Title Only). 2. Adoption re: Proposed Resolution No. 02R-1480, relating to community redevelopment; making findings; creating an advisory board to the Community Redevelopment Agency; providing for duties; providing for composition of the Board; providing for appointment of advisory board members; providing for separability; etc. (Title Only) 3. Adoption re: Proposed Resolution No. 02R-1486, appropriating $1,451,000 from the unappropriated fund balance of the General Fund to provide additional funds for the period January 1, 2002 through September 30, 2002, required to finance the health insurance plan proposed by the Benefits Focus Group and adopted on March 18, 2002. 4. Adoption re: Proposed Ordinance No. 02-4356, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees of the Code of Ordinances of the City of Sarasota; amending Section 24-96, to amend the definition of accumulative contributions" and "credited service" and add a definition of "vest, vested"; amending Section 24-98, Board of Trustees; amending Section 24-101, Credited Service; Amending Section 24-103, Pension Benefits; amending Section 24-105, Termination (of) Benefits; amending Section 24-107, Disability Benefits; amending Section 24-115, Direct Transfers of Eligible Rollover BOOK 51 Page 23010 04/01/02 6:00 P.M. BOOK 51 Page 23011 4/01/02 6:00 P.M. Distributions; amending Section 24-117, Deferred Retirement Option Plan; repealing all ordinances in conflict herewith; etc. (Title Only) 5. Ordinance No. 02-4363, amending the Comprehensive Plan of the City of Sarasota, Florida (1998 ed.) by the adoption of the Small Scale Development Amendment more fully described in Application No. 01-PA-10 filed by the Henry L. Porter Evangelistic Association, Inc.; said small scale development amendment consists of an amendment to the future land use map to change the future land use classification of a parcel of property from "Community Commercial" to "Mixed Residential;" said property being approximately .8 acre in size and located on the west side of North Washington Boulevard between Fourth and Fifth Streets and having a street address of 403 North Washington Boulevard; stating various findings of fact concerning the adoption of this Small Scale Development Amendment; providing for the severability of the parts hereof; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1390 and 02R-1480, Ordinance Nos. 02-4356 and 02-4363 by title only, and Resolution No. 02R-1486 in its entirety. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Quillin, yes; Servian, yes; Mason, yes; Martin, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 02R-1485, AMENDING THE ONE PERCENT (1%) LOCAL GOVERNMENT INFRASTRUCTURE SALES SURTAX 10-YEAR EXTENSION EXPENDITURE PROJECT DETAIL LIST AS AUTHORIZED BY SARASOTA COUNTY ORDINANCE NO. 97-083; REVISING THE PROJECT TITLE FOR INFRASTRUCTURE ASSISTANCE TO THE COHEN WAY HOUSING PROJECT TO DELETE THE REQUIREMENT FOR MATCHING FEDERAL FUNDS; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-A-1) AND APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE HOUSING AUTHORITY OF THE CITY OF SARASOTA, REGARDING PROVISION OF INFRASTRUCTURE SALES TAX FUND = APPROVED (AGENDA ITEM III-A-5) #1 (2610) through (3275) CD 7:12 through 7:25 Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 02R-1485 is to amend the Infrastructure Sales Surtax Ten-Year Extension Expenditure Project Detail List (Project Detail List) which indicates funding from the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, approved by the voters in a November 4, 1997, referendum; that the City is required to hold a public hearing on any proposal which amends the Project Detail List. Mr. Mitchell continued that the Sarasota Housing Authority (SHA) has been meeting with the City Administration for more than two years to find a way to utilize the $500,000 in funding identified on the Project Detail List to match Federal funds for infrastructure improvements to the Cohen Way Public Housing Complex; that the SHA proposes an Interlocal Agreement which changes the use for the $500,000 from matching Federal funds to infrastructure improvements for the Cohen Way Public Housing Complex. BOOK 51 Page 23012 04/01/02 6:00 P.M. BOOK 51 Page 23013 4/01/02 6:00 P.M. Mr. Mitchell referred to Exhibit A listing the first four projects on the Project Detail List including Project 4: Cohen Way included in the Agenda backup material and stated that the funding amount for the Cohen Way Public Housing Complex will remain the same as in the original County Ordinance No. 97-083; that only the timing and purpose will change; that Staff recommends adopting proposed Resolution No. 02R-1485. Commissioner Palmer stated that specific identification of the actual infrastructure improvements is required. Rudy Vazmina, SHA Executive Director, and William Merrill, Attorney, legal counsel to the SHA, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, came before the Commission. Mr. Vazmina distributed a document entitled Periodic Estimate for Partial Payment (Periodic Estimate) and stated that numerous meetings were held with Staff and legal counsel regarding the L.0.S.T. funding during the time the home ownership program was being pursued for the infrastructure improvements of the Cohen Way Public Housing Complex; that the Periodic Estimate indicates the cost and the items which are included in the infrastructure improvements of the Cohen Way Public Housing Complex; that infrastructure is clearly defined in the Florida Statutes as: any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities which have a life expectancy of five or more years and any land acquisition, land improvement design and engineering costs related thereto Mr. Vazmina stated that the costs indicated in the Periodic Estimate are for infrastructure improvements the SHA has completed and funded; that the SHA has allocated $414,600 from the SHA Capital Improvement Program (CIP) for infrastructure improvements to the Cohen Way Public Housing Complex completed to date. Commissioner Servian asked if the $500,000 from the L.O.S.T. fund is for reimbursement of the $414,600 already spent by the SHA? Mr. Vazmina stated that the proposed Interlocal Agreement indicates any costs incurred after October 1, 2001, are eligible for reimbursement by L.O.S.T funds; that SHA will provide the Finance Department with invoices of costs incurred after October 1, 2001, only. Commissioner Servian stated that the Florida Statutes indicated the infrastructure improvement must last five years or more; however, the Periodic Estimate includes items such as Contractor's Insurance, which does not last five years. Attorney Merrill stated that the Florida Statutes also includes a provision for costs such as Contractor's Insurance. Vice Mayor Quillin asked the number of units at the Cohen Way Public Housing Complex? Mr. Vazmina stated that the Cohen Way Public Housing Complex has 72 units. Vice Mayor Quillin asked the number of units which will receive infrastructure improvements with the $500,000 in L.0.S.T. funding? Mr. Vazmina stated that the $500,000 in L.0.S.T. funds is for infrastructure improvements to the initial 12 units which is the first priority; that the SHA Board has approved the infrastructure improvements to subsequent units; that the proceeds from the sale of the first 12 units of the Cohen Way Public Housing Complex will fund the infrastructure improvements of subsequent units. Vice Mayor Quillin stated that the understanding was the infrastructure improvements to the first 12 units was a fully-funded public/private partnership; and asked if the first 12 units are currently undergoing infrastructure improvements construction? Mr. Vazmina stated yes. Vice Mayor Quillin stated that the funding for the first 12 units was already available at the time the infrastructure improvements commenced. Mr. Vazmina stated that the original agreement with the City dates back to 1997; that the knowledge of available funds was required at the time the home ownership plan was instituted; that the $500,000 in L.O.S.T. funds was always considered a source of funding in relation to the expenses of the infrastructure improvements to the Cohen Way Public Housing Complex. BOOK 51 Page 23014 04/01/02 6:00 P.M. BOOK 51 Page 23015 4/01/02 6:00 P.M. Vice Mayor Quillin stated that the $500,000 in L.0.S.T. funding is for the 12 units currently under construction. Mr. Vazmina stated that is correct. Vice Mayor Quillin stated that the understanding is the first SHA public/private partnership for the infrastructure improvements to the Cohen Way Public Housing Complex was fully funded for the first 12 units. Mr. Vazmina stated that funding is available for all the costs of the infrastructure improvements for the first 12 units of the Cohen Way Public Housing Complex. Vice Mayor Quillin stated that the funding did not include the $500,000 in L.0.S.T. funds. Mr. Vazmina disagreed. Attorney Merrill stated that the funding for the first 12 units was always contemplated to include the $500,000 in L.O.S.T. funds as the funding was allocated for intrastructure improvements to the Cohen Way Public Housing Complex. Vice Mayor Quillin stated that inclusion of the L.0.S.T. funding in the public/private partnership is not recalled; that the minutes approving the allocation of the $500,000 in L.O.S.T. funding should have been included in the Agenda backup material sO the intent of the Commission could have been determined; that receipt of a Housing Opportunities for People Everywhere (HOPE) VI grant sponsored by the Federal Department of Housing and Urban Development (HUD) was also considered for the infrastructure improvements to the Cohen Way Public Housing Complex. Mr. Mitchell stated that the SHA came before the Commission in 1997 and requested $1 million; that the SHA received $500,000; that application was made for an additional $500,000 in the Hope VI grant; that the Hope VI grant never materialized. Commissioner Palmer stated that the infrastructure improvements to the Cohen Way Public Housing Complex were initially to include a matching grant; that the $500,000 in L.0.S.T. funding was utilized without the matching grant; that the source of the other $500,000 in funding to complete the infrastructure improvements to the Cohen Way Public Housing Complex is unknown; that the SHA has already utilized $414,600 in L.O.S.T. funds and very little funding remains; that the actual use of the $500,000 on the infrastructure improvements was missing which prompted the request for the Periodic Estimate document; that the concern is if the remaining $500,000 required to complete the infrastructure improvements to the Cohen Way Public Housing Complex can be obtained. Mr. Vazmina stated that the SHA allocated the $414,000 from the SHA CIP for infrastructure improvements to the Cohen Way Public Housing Complex. Commissioner Palmer asked if reimbursement from L.0.S.T. funding has been received? Mr. Vazmina stated no. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1485 by title only. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 02R-1485. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Servian, yes; Martin, yes; Mason, yes; Palmer, yes. Mayor Mason stated that the Commission is encouraged to tour the renovated units in the home ownership portion of the Cohen Way Public Housing Complex. Commissloner Palmer stated that Item No. 5 was removed from Consent Agenda No. 1; that consideration is requested at this time. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the execution of an Interlocal Agreement between the City of Sarasota and the Sarasota Housing Authority sO the $500,000 in funds from the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, can be utilized by the Sarasota Housing Authority for infrastructure improvements to the Cohen Way Public Housing Complex for the fiscal year (FY) 2001/02. Motion carried unanimously (5 to 0): BOOK 51 Page 23016 04/01/02 6:00 P.M. BOOK 51 Page 23017 4/01/02 6:00 P.M. Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 17. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 02-4373, AMENDING ORDINANCE NO. 98-4038 BY THE SUBSTITUTION OF SITE PLAN 02-SP-10 FOR THE PREVIOUSLY APPROVED SITE PLAN SUBMITTED WITH APPLICATION 97-PSD-27 PERTAINING TO THE CONSTRUCTION OF AN ASSISTANT LIVING FACILITY LOCATED AT 1301 NORTH TAMIAMI TRAIL, A/K/A THE SARASOTA BAY CLUB; SAID PROPERTY BEING ZONED RESIDENTIAL MULTIPLE FAMILY-5 (RMF-5) LOCATED ON +10 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING THE SUBSTITUTED SITE PLAN APPLICATION 02-SP-10 DEPICTING AN INCREASE IN THE NUMBER OF PARKING SPACES IN THE PHASE II OF THE PROJECT FROM 65 TO 81; ETC. (TITLE ONLY) (APPLICATION NOS. 02-ROA-03 AND 02-SP-10, APPLICANT DONALD M. LAWSON, AIA, AS AGENT REPRESENTING THE SARASOTA BAY CLUB, LLC, AS OWNER) = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (3275) through #2 (0191) CD 7:25 through 7:37 Mayor Mason requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte Communications concerning the subject property; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that no individuals have filed for certification as an Affected Person with the City for proposed Ordinance No. 02-4360; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Mason requested that Commissioner ex parte communications, if any, be disclosed. Mayor Mason, Vice Mayor Quillin, and Commissioners Martin, Palmer, and Servian stated that no ex parte communications have occurred. Mayor Mason opened the public hearing and requested that the Applicant come forward. Donald Lawson, AIA, Lawson Group, Inc., representing the Sarasota Bay Club, came before the Commission, displayed a map depicting the proposed master site plan, and stated that the revision to the previously approved site plan consists of two items; that the Phase I of the Sarasota Bay Club has been completed which is the northern residential tower and community/common area; that purchasers of the units in the northern residential tower have taken residency; that the final residential tower is currently under construction; that the residents of the northern tower have expressed strong interest in a covered enclosed parking facility; that an enclosure has been designed which is compatible architecturally with the balance of the project; that the enclosed parking facility would contain 34 parking spaces in an area 36 surface parking spaces had been previously approved which will result in a reduction of two parking spaces. Mr. Lawson continued that parking constructed under the final residential tower will increase the number of underground parking spaces from 29 to 47 spaces resulting in a net increase - in parking spaces; however, a net decrease in the total number of dwelling units on the site will result from the development of the parking project; that the density of the final residential tower is reduced; however, additional covered parking for the residents will be provided. Mayor Mason requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning Department, came before the Commission and stated that proposed Rezone Ordinance Amendment Application No. 02-ROA-03 as incorporated in proposed Ordinance No. 02-4373 requests approval to amend previously approved rezoning Ordinance No. 98-4038 by the substitution of Site Plan Application No. 02-SP-10 for the site plan previously approved by the Commission on February 17, 1998, for an assisted living facility known as the Sarasota Bay Club; that the modifications to Site Plan Application No. 02-SP-10 are: BOOK 51 Page 23018 04/01/02 6:00 P.M. BOOK 51 Page 23019 4/01/02 6:00 P.M. 1. A modification of the parking spaces to result in a net increase of 16 dwelling units for a total of 230 dwelling units. 2. A net reduction of 20 dwelling units from a total of 250 dwelling units for a total of 230 dwelling units. Mr. Hoglund continued that all the conditions initially proffered by the Applicant are restated in proposed Ordinance No. 02-4373; that the status of the performance of each condition is indicated in proposed Ordinance No. 02-4373. Mr. Hoglund further stated that at its March 6, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Rezone Ordinance Amendment Application No. 02-ROA-03 and Site Plan Application No. 02-SP-10 as incorporated in proposed Ordinance No. 02-4373 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the standards for review set forth in the Zoning Code (1998 ed.), and the Tree Protection Ordinance, and voted unanimously to recommend Commission approval of proposed Ordinance No. 02-4373 subject to the following conditions: 1. The amendment site plan and all related development and construction plans shall be in compliance with plans received by the City on February 19, 2002. Final construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Director of Building, Zoning, and Code Enforcement. 2. Except as noted, all provisions of Ordinance No. 98-4038 shall remain in full force and effect. Commissioner Servian stated that concern has been expressed regarding the flashing beacon traffic signal on 14th Street and US 41; and asked the status of Staff's efforts to address the concerns. Mr. Hoglund stated that traffic signal warrants are required by the Florida Department of Transportation to fully engage a traffic signal as the location is on a State highway. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission; referred to a letter dated September 28, 2001, previously sent to Staff by Brian Roskamp, Roskamp Management Company; and stated that a three-section traffic signal is being stored and will be installed by the City at such time as the traffic warrants are met. Mayor Mason stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4373 by title only. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4373 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yes; Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #2 (0191) through (0250) CD 7:37 through 7:39 The following person came before the Commission: Tom Fields, 3634 White Sulphur Place, (34232), former Fire Chief and retiree, representing the Retired City Firefighters Association, stated that the Retired City Firefighters Association extends sincere gratitude for providing the opportunity to participate in the Benefit Focus Group; that the Commission's support of the recommendations of the Benefit Focus Group and the allocation of funds to support the recommendations of the City Manager is appreciated; that the Firefighters Association wishes to provide continued participation in future efforts to solve the problem of the ever-increasing costs of providing medical insurance coverage for both retired and active employees of the Cityi that the Firefighters Association would like to participate in a solution and not be part of the problem; that the future efforts of the Benefit Focus Group with the Commission are anticipated with pleasure. 19. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 02-4347, AMENDING THE ZONING CODE OF THE CITY OF SARASO1A, ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 12, ENCROACHMENTS, BY THE ADDITION OF A NEW SUBSECTION PROVIDING REGULATIONS APPLICABLE TO THE BOOK 51 Page 23020 04/01/02 6:00 P.M. BOOK 51 Page 23021 4/01/02 6:00 P.M. EXECUTION OF ENCROACHMENT AGREEMENTS TO ALLOW THE PLACEMENT OF PRIVATELY OWNED IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY SUBJECT TO SPECIFIED CONDITIONS AND UNDER APPROPRIATE CIRCUMSTANCES AS DETERMINED BY THE CITY COMMISSION OR CITY ADMINISTRATION; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VII-1) #2 (0250) through (0599) CD 7:39 through 7:49 Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that a public hearing was held at the March 4, 2002, Regular Commission meeting concerning proposed Ordinance No. 02-4347; that proposed Ordinance No. 02-4347 passed unanimously on first reading subject to a report back to the Commission regarding three issues raised. Attorney Fournier referred to a memorandum dated March 18, 2002, to the Commission from the City Attorney's Office included in the Agenda backup material indicating the three issues raised by the Commission: embellishments, tolling, and the enforcement costs and stated that the second and third issues mentioned in the memorandum will be addressed before the first issue; that the second issue concerns the tolling of a 30-day compliance period; that proposed Ordinance No. 02-4347 provides the City Engineer shall notify the owner of an unlawful encroachment in writing of the requirement to remove the encroachment within 30 days unless an encroachment agreement is approved and executed in accordance with the Zoning Code (1998 ed.); that proposed Ordinance No. 02-4347 has been revised to provide the 30-day compliance period shall be tolled or suspended until a proposed encroachment agreement has been considered by the Commission or Administration whichever is applicable if the property owner notifies the City Engineer in writing of a desire to enter into such an encroachment agreement with the City. Attorney Fournier further stated that the third issue is the responsibility for costs of enforcement; that the Commission indicated an owner of an unlawful encroachment should be responsible for the cost of any enforcement proceedings if necessary to remove the encroachment; that the standard code enforcement procedure is to recover entorcement costs from a property owner found in violation of City codes; that proposed Ordinance No. 02-4347 currently provides alleged encroachment violations will be processed through the City's code enforcement program; therefore, a provision is not necessary to specifically address encroachment owner responsibility for costs of enforcement. Attorney Fournier distributed proposed text changes to proposed Ordinance No. 02-4347 concerning embellishments and stated that the first concern is embellished mailboxes; that the originally proposed Ordinance No. 02-4347 excepted all mailboxes from the definition of an encroachment sO no encroachment agreement with the City would be required to allow a mailbox in the public right-of-way; that proposed Ordinance No. 02-4347 has been revised to allow only standard mailboxes free of embellishments in the public right-of-way without an encroachment agreement; that Staff indicated a frangible supporting post for mailboxes in the public right-of-way should be required; that the term "frangible" means breakable, i.e., that the mailbox should fall over if hit by a vehicle; that a non-frangible supporting post would be constructed of, for example, concrete or cement; and read into the record the proposed change to Section VII-1201 (b) (1) (h), Zoning Code (1998 ed.) as incorporated in proposed Ordinance No. 02-4347 as follows: 1. Encroachments Prohibited: Every part of the public right-of-way in the City shall be open and unobstructed from below the ground to the sky, unless: (h) The intrusion into the right-ot-way is a standard mailbox on a frangible supporting post and the supporting post are free of embellishments. Attorney Fournier stated that for clarity, no embellishments were contemplated on the post, the support structure, or on the mailbox; that the next text change replaces proposed Section VII-1201(4) (d), Zoning Code (1998 ed.) and is to clarify standard mailboxes are not encroachments as follows: (4) (e) Standard mailboxes, as described in section 1(h), shall not be considered encroachments for purposes of this section Commissioner Palmer asked for clarification on the definition of the term "embellishment. Attorney Fournier stated that an embellishment is an adornment, decoration, etc.; that the term "embellishment" was utilized sO as not to describe any type of adornment or decoration which would be placed on a mailbox; that anything beyond the normal consistency of a mailbox is considered an embellishment. BOOK 51 Page 23022 04/01/02 6:00 P.M. BOOK 51 Page 23023 4/01/02 6:00 P.M. Commissioner Servian asked if an embellishment is considered an encroachment? Attorney Fournier stated yes. Commissioner Servian stated that a dolphin or manatee mailbox will be considered embellished. Attorney Fournier stated that is correct; that the dolphin or manatee mailbox is not prohibited; however, the property owner will be required to contact Staff to examine the mailbox for safety issues. Commissioner Martin stated that the concern is the definition of the term "embellishment." Attorney Fournier stated that anything decorating a mailbox will be considered an embellishment. Commissioner Martin asked if the numbers of the street address will be considered an embellishment? Attorney Fournier stated no. Commissioner Martin asked if a decal or paint color other than white or black will be considered an embellishment? Attorney Fournier stated that anything decorating the mailbox will be considered an embellishment; that the intent is to limit beyond the dimension of simple mailbox color; that a broad term was utilized to keep the language simple. Vice Mayor Quillin stated that some mailboxes are approved by the US Postal Service. Attorney Fournier agreed; and stated that US Postal Service regulations indicate a mailbox must be a certain distance from the paved right-of-way which may result in the placement of a mailbox on a City right-of-way rather than on private property. Vice Mayor Quillin stated that manufacturers are making mailboxes approved by the US Postal Service from material other than metal or wood such as plastic. Attorney Fournier stated that a plastic mailbox is considered free of embellishment; that the type of material utilized in the mailbox is not an issue. Vice Mayor Quillin asked if proposed Ordinance No. 02-4347 should reference approved US Postal Service mailboxes? Attorney Fournier stated that proposed Ordinance No. 02-4347 addresses the requirement of an encroachment agreement only for embellished mailboxes. Vice Mayor Quillin stated that embellished mailboxes are being sold. Commissioner Palmer stated that the embellishment provision is for large encroaching mailboxes and not for paint or decals; that the width, height, and depth of some embellished mailboxes is astonishing. Attorney Fournier stated that enforcement will be in accordance with the Commission's intent. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4347 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt proposed Ordinance No. 02-4347 on second reading as revised by the City Attorney's Office after first reading with changes from first reading as recommended by the City Attorney's Office as follows: 1. Embellished mailboxes Standard mailboxes on a frangible supporting post shall not be considered encroachments. 2. Tolling of 30-day compliance period Compliance period shall be tolled if the property owner notifies the City of the desire to enter into an encroachment agreement. Mayor Mason requested that City Auditor Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Servian, yes. 20. UNFINISHED BUSINESS: APPROVAL RE: : REQUEST FROM THE SOAP BOX DERBY THAT THE CITY PROVIDE IN-KIND SERVICES FOR THIS YEAR' S EVENT = DIRECTED THE ADMINISTRATION TO INVESTIGATE THE AVAILABILITY OF FUNDING IN THE SARASOTA POLICE DEPARTMENT AND PUBLIC WORKS DEPARTMENT BUDGETS FOR THE 2002 SOAP BOX DERBY AND DIRECTED THE ADMINISTRATION TO CONSIDER BOOK 51 Page 23024 04/01/02 6:00 P.M. BOOK 51 Page 23025 4/01/02 6:00 P.M. FUTURE BUDGETING REQUESTS DURING THE FISCAL YEAR 2002/03 BUDGET PROCESS (AGENDA ITEM VII-3) #2 (0599) through (0756) CD 7:49 through 7:54 Deputy City Manager Schneider came before the Commission and stated that the organizers of the Soap Box Derby have requested the City provide in-kind services for the 2002 Soap Box Derby; that the Commission funded the 2001 Soap Box Derby from the Millennium Fund in the amount of $1,250; that a special appropriation from the unappropriated fund balance would be required if the Commission wishes to fund the event; that funding for the 2002 Soap Box Derby has not been budgeted; that if funding is considered, the Commission is requested not to consider funding over the $1,250 funded for the 2001 Soap Box Derby; that the 2002 Soap Box Derby will be held on April 28, 2002. Commissioner Palmer left the Chambers at 7:50 p.m. Vice Mayor Quillin stated that funding for in-kind services for the 2002 Soap Box Derby has not been budgeted. Deputy City Manager Schneider stated that is correct. Vice Mayor Quillin stated that funding may be available in the Sarasota Police Department (SPD) and Public Works Department budgets; and asked if the requested funding is for assistance from SPD and Public Works Department? Deputy City Manager Schneider stated yes; that policing is primarily required with some public works assistance as well. Vice Mayor Quillin stated that the Administration should investigate the availability of funding in SPD and the Public Works Department; that a procedure should be instituted to provide for funding in the SPD and Public Works Department budgets for special events such as the Soap Box Derby. Deputy City Manager Schneider stated that a proposal to fund special events will be presented to the Commission during the fiscal year (FY) 2002/03 budget cycle. Vice Mayor Quillin stated that the SPD and Public Works Department should be investigating the availability of funding in the budget for the Soap Box Derby. Deputy City Manager Schneider agreed; and stated that Staff requests the amount be limited to the previous year's funding which is $1,250. Vice Mayor Quillin stated that providing funding for special events at the last minute is difficult. Deputy City Manager Schneider agreed. Commissioner Martin stated that the requested funding for the 2002 Soap Box Derby is the same as was provided for the 2001 Soap Box Derby. Deputy City Manager Schneider stated that is correct. Commissioner Martin stated that many special events have received in-kind services over the years; that previous discussions by the Commission indicated funding for special events should be budgeted during the budget cycle; that many special events require policing or public works assistance; that worthy community special events should be sponsored by the Cityi that funding from the SPD and the Public Works Department budgets should be sought; that funding for many special events can be budgeted during the budget cycle; however, a fund to support other community activities with in-kind services is required; that allocating funds for in-kind services should be investigated. Commissioner Palmer returned to the Chambers at 7:52 p.m. Deputy City Manager Schneider stated that the costs the City incurred for special events for FY 2000/01 will be provided to the Commission as a basis on which to make a budgetary decision. Commissioner Palmer asked for clarification of the Commission's decision regarding requested funding for the 2002 Soap Box Derby. Vice Mayor Quillin stated that the Commission discussed directing the Administration to investigate the availability of funding in the SPD and Public Works Department budgets for the 2002 Soap Box Derby. Mayor Mason stated that the Commission's consensus is to direct the Administration to investigate the availability of funding in the Sarasota Police Department and Public Works Department budgets for the 2002 Soap Box Derby and to make the costs BOOK 51 Page 23026 04/01/02 6:00 P.M. BOOK 51 Page 23027 4/01/02 6:00 P.M. associated with the Soap Box Derby part of the fiscal year (FY) 2002/03 budget process. 20. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1492, APPROPRIATING $28,500 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO PROVIDE FOR THE PURCHASE OF COMPUTER HARDWARE AND SOFTWARE UPGRADES IN THE FINANCE DEPARTMENT; ETC. = ADOPTED (AGENDA ITEM VIII-1) #2 (0756) through (0984) CD 7:54 through 8:01 Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 02R-1492 appropriating $28,500 from the Unencumbered Fund Balance of the General Fund is to provide for the purchase of computer hardware and software upgrades required to enhance the operations of the Finance Department and the financial systems utilized by the other departments; that the software upgrades will provide online monthly budgeting, online fund checks in general ledger batches, enhancements to provide a more user-friendly system, laser printing of accounts payable checks, and Sequel (SQL) Server software to handle the expanded activity of the financial system. Mr. Mitchell continued that the appropriation of funds will provide for the replacement of the financial management system's current network server, which has been planned for several years; that the server's reliability is becoming subject to technological obsolescence due to the volume of activity and the age of the server; that system lock-ups have been experienced in recent months; that the cost of the Microsoft SQL Server enterprise edition software license will include 30 client access licenses. Mr. Mitchell further stated that the appropriation will provide for an online monthly budgeting system which will allow the Finance Department to prepare monthly budgets online rather than on separate spreadsheets; that the appropriation also includes the upgrade for the Funds Checking Modification; that the upgrade will eliminate the necessity for departments to send separate sheets of paper to the Finance Department for budget transfers; that instead, the modification will allow preparing the request online, approving the budget transier online, and printing the request; that the appropriation will provide for laser printer software which will eliminate the current method of printing Accounts Payable checks via dot matrix printers; that many problems occur with the dot matrix printers; that additionally, the higher cost of pre-printed check stock, check stock obsolescence, design changes inflexibility, and security issues are concerns; that fewer companies continue to service the dot matrix printers due to obsolescence; that the upgrade will eliminate the necessity to burst and sign each check; that less-costly blank check stock will be utilized; that laser checks allow more flexibility in form design and no check obsolescence; that the laser printers currently used for payroll checks can be used for Accounts Payable checks. Mr. Mitchell stated further that the proposed report writer generator is user-friendly and very flexible; that support for the current report writer generator is diminishing due to obsolescence. Mr. Mitchell stated that the Finance Department planned for the improvements during fiscal year (FY) 2001/02 and designated carryover funds as evidenced by the quotes for improvements dated October 2001 included in the Agenda backup material at the time the conversion was initially planned; however, the funds were not authorized for carry over to FY 2001/02. Vice Mayor Quillin asked if the requested improvements were previously budgeted? Mr. Mitchell stated yes; that the improvements were previously budgeted; that carryover funds were designated for the expenditure; however, with the change in Administration, funds not utilized in the previous fiscal year could not be carried over to the next fiscal year; that the decision was no funds would be carried over and a request for necessary funding would be presented to the Commission at the time required. Vice Mayor Quillin stated that no longer allowing carry-over funds is pleasing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1492 in its entirety. On motion of Vice Mayor Quillin and second of Commission Martin, it was moved to adopt proposed Resolution No. 02R-1492 to appropriate $28,500 from the Unappropriated Fund Balance of the General Fund to provide for the purchase of computer hardware and software upgrades in the Finance Department. Motion carried BOOK 51 Page 23028 04/01/02 6:00 P.M. BOOK 51 Page 23029 4/01/02 6:00 P.M. unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. 21. NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SECOND AMENDMENT TO INTERIM PARKING AGREEMENT TO PROVIDE FOR TEMPORARY OFF SITE PARKING TO REPLAƇE REQUIRED ON SITE PARKING WHICH WILL BE DISPLACED DURING THE CONSTRUCTION OF (1) THE SARASOTA HYATT HOTEL PARKING GARAGE AND BEAU CIEL CONDOMINIUM AND (2) THE 70-UNIT CONDOMINIUM TO BE CONSTRUCTED BY BASIN DEVELOPMENTS PARTNERSHIP LTD. WITHIN AIR RIGHTS ON THE PARCEL IMMEDIATELY SOUTH OF THE HYATT AND NORTH OF THE SARASOTA QUAY - APPROVED (AGENDA ITEM VIII-2) #2 (0984) through (1147) CD 8:01 through 8:05 Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that a Second Amendment to the Interim Parking Agreement between Hotel Associates of Sarasota, Ltd., Basin Developments Partnership, Ltd. (Basin Developments), Sarasota Quay U.S. Partnership, Ltd., Sarasota Quay U.S. Partnership, No. 2, Ltd., Reemark Sarasota Quay, Inc., and the City of Sarasota (Second Amendment) is proposed; that the Interim Parking Agreement is to provide for temporary off-site parking to replace required on-site parking displaced during construction of the Sarasota Hyatt Hotel (Hyatt) parking garage, the Beau Ciel condominium, and the 70-unit condominium being constructed by Basin Developments within air rights on the parcel immediately southeast of the Hyatt and north of the Sarasota Quay; that the First Amendment to the Interim Parking Agreement allows relocating the 136 parking spaces which will be displaced during construction of the condominium; that the majority of the total of 136 displaced parking spaces, i.e., 127 spaces, will be relocated to the west side of the Tamiami Trail, between Fourth Street to the south and Boulevard of the Arts to the north; that the remaining 9 displaced parking spaces will be located on the south side of Fourth Street and identified as spaces for the Hyatt's use; that the Interim Parking Agreement as written restricts parking on the lot between Fourth Street and Boulevard of the Arts to valet parking only and does not allow hotel patrons to self park; that the proposed Second Amendment will allow hotel patrons to self park on the property. Attorney Fournier continued that the Hyatt has reviewed the Interim Parking Agreement and believes a traffic backup at the front of the hotel may result from valet-only parking; that a shuttle, tram, or other similar vehicular conveyance will be provided for people who self park for transport back and forth between the parking lot and the hotel; that the restriction to valet-only parking was due to concern regarding the timing of construction and the pedestrian traffic on the south side of Boulevard of the Arts during construction of the garage; however, the garage has been completed and a certificate of occupancy issued; therefore, the concern regarding pedestrian traffic has been eliminated. Commissioner Martin asked for clarification of the use of the 136 displaced parking spaces. Attorney Fournier stated that the 136 displaced parking spaces are currently used by the Hyatt; that the parking spaces will be returned to the current location once the condominium project of Basin Developments is completed. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Interim Parking Agreement with Hotel Associates of Sarasota, Ltd., Basin Developments Partnership, Ltd., Sarasota Quay U.S. Partnership, Ltd., Sarasota Quay U.S. Partnership No. 2, Ltd., Reemark Sarasota Quay, Inc. and the City of Sarasota upon full execution by the other parties. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Quillin, yes; Servian, yes; Mason, yes. 22. NEW BUSINESS: DISCUSSION RE : DETERMINE POSITION FOR POSSIBLE TRANSMITTAL OF THE PROPOSED SARASOTA 2050 COMPREHENSIVE PLAN AMENDMENT AS PREPARED BY SARASOTA COUNTY GOVERNMENT, TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS APPROVED TO FORWARD STAFF' S COMMENTS TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR FORMAL REVIEW AND DIRECTED STAFF TO PREPARE A TRANSMITTAL LETTER WHICH REFLECTS THE COMMISSION' S VOTE FOR THE MAYOR'S SIGNATURE (AGENDA ITEM VIII-3) #2 (1147) through (1295) CD 8:05 through 8:09 Douglas James, Chief Planner, Planning Department, came before the Commission and stated that on March 1, 2002, Sarasota County transmitted the County's proposed Sarasota 2050 Comprehensive BOOK 51 Page 23030 04/01/02 6:00 P.M. BOOK 51 Page 23031 4/01/02 6:00 P.M. Plan Amendment (Sarasota 2050) to the Florida Department of Community Affairs (DCA) for formal review; that in November 1999, the Commission, the Planning Board/Local Planning Agency (PBLP), and Planning Staff had numerous meetings to discuss a variety of topics including City participation in the upcoming County effort to update the County's Comprehensive Plan which is entitled Apoxsee. Mr. James continued that the County sponsored an extensive outreach program to solicit comments concerning the recommendations of the Urban Land Institute; that Staff and City Commissioners participated throughout the outreach program, which involved dozens of Staff meetings as well as workshops sponsored by the Sarasota Board of County Commissioners (BCC) ; that subsequently, the BCC adopted a series of guiding principles and a conceptual planning framework entitled "Resource Management Areas" (RMAs) upon which the specifics of Sarasota 2050 are built; that a consulting team was retained; that a second outreach program was conducted to assist the consultants in producing a recommended plan; that the consultant's recommendations were the subject of public hearings and workshops sponsored by the County Planning Commission in the fall of 2001; that modifications to Sarasota 2050 were suggested; that the BCC received public comments on both the consultant's and the County Planning Commission's recommendations in early 2002. Mr. James continued that City Staff and Commissioners were involved either through a monitoring process or participation at County workshops and public hearings in the development of Sarasota 2050, sharing thoughts on incorporating the City's ideas and concerns into Sarasota 2050 with County Staff, the Planning Commission, and the BCC; that Appendix D entitled "Planning Staff's Selected Questions and Comments Concerning Sarasota 2050" included in the Agenda backup material includes observations Staff is suggesting the Commission send to DCA for DCA's consideration in the Objections, Recommendations, and Comment (ORC) Report; that the DCA requested comments be sent by April 10, 2002; that Staff will prepare a transmittal letter for the Mayor's signature if desired; that a status report will be provided the Commission once the DRC's ORC Report is received. Commissioner Palmer asked if a presentation regarding the City's concerns was previously made to the BCC? Mr. James stated yes; that the BCC was previously made aware of the City's concerns. Commissioner Palmer stated that the progress made by Staff is excellent; that vitally important issues regarding the relationship of the City's and the County's Comprehensive Plans, the Sarasota 2050 Plan, and the City of Sarasota Downtown Master Plan 2020 should be addressed. On motion - of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to forward Staff's comments to the Department of Community Affairs for formal review and direct Staff to prepare a transmittal letter which reflects the Commission's vote for the Mayor's signature. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes; Mason, yes. 23. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM X) #2 (1295) through (1315) CD 8:09 through 8:10 COMMISSIONER PALMER: A. stated that a number of Legislators were visited in Tallahassee the week of March 24, 2002, as a representative of the ManaSota League of Cities and the City; that the MLC sent a March 27, 2002, letter to the Governor requesting veto of pending legislation concerning two items: outdoor advertising, i.e., billboards, and a law enforcement disability presumption; that the amendments to the Community Redevelopment Act, Part III, Chapter 163, Florida Statutes that were passed do not negatively affect the City but rather relate to new or expanded Community Redevelopment Agencies (CRAs), and will not retroactively affect the City; that legislation to place a constitutional amendment on the ballot concerning ad valorem taxation of municipal property was sought but not passed; that municipalities pay ad valorem taxes on City-owned properties; however, County- or State-owned properties are not taxed; that municipalities are attempting to amend the ad valorem tax legislation sO all public recreational property is in one category; that without a constitutional amendment, the City will be required to pay ad valorem taxes on the Ed Smith Stadium property. BOOK 51 Page 23032 04/01/02 6:00 P.M. BOOK 51 Page 23033 4/01/02 6:00 P.M. 24. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REFERRED THE REQUEST FOR SUPPORT THROUGH IN-KIND SERVICES FOR THE ANNUAL BICYCLE RACE EVENT TO THE ADMINISTRATION ; DIRECTED THE CITY AUDITOR AND CLERK TO PREPARE A RESOLUTION TO CHANGE THE COMMISSION/ S RULES OF PROCEDURE TO PROVIDE FOR SCHEDULED PRESENTATIONS RATHER THAN PUBLIC PETITIONS FOR PRESENTATION AT THE APRIL 15, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM XI) #2 (1316) through (2389) CD 8:10 through 8:20 COMMISSIONER MARTIN: A. stated that community events, including the annual bicycle race event scheduled for mid-May 2002 in Downtown, should be supported through in-kind services; that the event was successful in 2001; that a successful 2002 event is anticipated; that the level of support which will be required is not known at this time; that three Downtown streets will likely be closed for the event to ensure spectators' safety from the paths of the bicyclists; that the event is desirable in the City and the type the City should support; that providing in-kind services is supported; that the Commission's consensus to refer the request for support through in-kind services for the annual bicycle race event to the Administration is requested; that the hope is the Commission will support the event. Vice Mayor Quillin asked if the event is held annually? Commissioner Martin stated yes. Deputy City Manager Schneider stated that the cost of the event is substantial; that the Commission will be advised once the cost is determined; that all necessary information has not yet been received. Commissioner Martin stated that the amount of possible support through in-kind services should be determined sO the Commission can decide at the April 15, 2002, Regular Commission meeting the amount of support, if any, to provide; that the event organizers can also seek other sponsors to help defray the costs. Commissioner Palmer stated that considering requests for funding not allocated during the budget process is a concern; that a policy for providing in-kind services, particularly for annual events, should be developed during the next budget process; that funds could be budgeted but not specifically allocated by event but rather on a case-by-case basis during the fiscal yeari that requesting the Commission allocate funds in the middle of the fiscal year is problematic. Vice Mayor Quillin asked for clarification concerning the event and the type of funding requested. Alexander Boudreau, Bicyele-Pedestrian Coordinator of Sarasota County, came before the Commission and stated that the 2002 annual bicycle race event is an expansion of the event from the prior four years; that for the past three years, a bicycle street festival has also been held during which Central Avenue is closed for bicycle-type related vendors, shops, bicycle clubs, and to promote bicycling for a variety of purposes, i.e., transportation, recreation, and exercise; that the venue has been expanded through the encouragement of the Downtown Association of Sarasota, Inc. (Downtown Association) to include a series of bicycle races from 2 to 11 p.m.i that one bicycle race will be on a closed-loop track approximately .8 miles long. Mr. Boudreau distributed a flyer with a map of the proposed race route to the Commission; and stated that more streets will be closed for the 2002 annual bicycle race event than in previous years; that more spectators are expected to attend than in previous years; that fencing will be used to keep spectators from the race track. Vice Mayor Quillin stated that the request for in-kind support should be presented to the Administration; that corporate sponsorships should be sought; that the annual bicycle race event has been personally supported in the past and will be supported in the future. Mr. Boudreau stated that corporate sponsors have been solicited and responded with significant support; that street closure requests have been sent to the Downtown Association. Commissioner Palmer asked if the Palm Avenue and other merchants were advised of the street closures? BOOK 51 Page 23034 04/01/02 6:00 P.M. BOOK 51 Page 23035 4/01/02 6:00 P.M. Mr. Boudreau stated that 59 signatures supporting and 5 signatures not supporting the annual bicycle race were received from the entire Downtown area. Commissioner Martin stated that the Sarasota Police and Public Works Departments overtime budgets could be reviewed for possible support; that the extent of the City's possible support should be determined; that the event organizers are aware of the necessity for identifying corporate sponsors. Mr. Boudreau stated that Sarasota County is funding the bicycle street festival portion of the event with T-shirts, staff time, stage accommodations, and associated costs. Vice Mayor Quillin stated that the Sarasota Police and Public Works Departments should provide the Commission intormation concerning the availability of support. Mayor Mason stated that the Commission's consensus is to refer the request for support through in-kind services for the annual bicycle race event to the Administration. Deputy City Manager Schneider stated that the petitions for street closures have not yet been received. COMMISSIONER PALMER: A. stated that the Department of Housing and Urban Development (HUD) Assessment Report was received from listing the accomplishments, programs, and laudatory remarks relating to the Office of Housing and Community Development; that Staff's efforts are appreciated. B. stated that no final determination as to the Police Department's accreditation by the Commission for Florida Law Enforcement Accreditation, Inc., has been determined, however, the accreditation process was completed the week of March 24, 2002; that the Accreditation Committee was impressed with the activities of the Sarasota Police Department (SPD), which will likely receive an outstanding report in May 2002; that SPD's efforts are appreciated. COMMISSIONER SERVIAN: A. stated that the assistance received from fellow Commissioners and the Administration in the past months is appreciated. B. referred to an article in The Links magazine concerning community policing and Citizen Volunteer Programs; and stated that the City should evaluate the objectives of the City's Citizen Police Volunteer Program and make an effort to accelerate the City's Citizen Police Volunteer Program sO volunteers can perform additional tasks not currently allowed. Vice Mayor Quillin stated that the Citizen Police Volunteer Program is supported; that the Commission was excited at the commencement of the City's Citizen Police Volunteer Program, which is now receiving good participation and should be encouraged to grow. VICE MAYOR QUILLIN: A. stated that Osprey Avenue will be closed to southbound traffic at Siesta Drive beginning at 9 a.m. on April 2, 2002; that a water line is leaking at the intersection of Osprey Avenue and Tulip Drive which must be repaired; that the repairs will take most of the dayi that traffic will be detoured away from the area. B. stated that a status report concerning the Federal Building renovations should be provided; that resources have been allocated; however, the status of the progress is unknown. C. stated that a meeting of residents of the area near McIntosh Road was recently attended; that the County held a public hearing concerning a proposed 24-pump gas station in the area which was unanimously rejected by the Sarasota Board of County Commissioners (BCC); that Jewish Community Center (JCC) presented a request for development to the County Planning Commission, which was not approved due to a tie vote; that the proposed developments will impact a City neighborhood; that Planning Department Staff met with the neighborhood; that the City should become involved in the development issues in the area; that planned improvements to McIntosh Road were originally included in the County's BOOK 51 Page 23036 04/01/02 6:00 P.M. BOOK 51 Page 23037 4/01/02 6:00 P.M. Five-Year Capital Improvement Plan (CIP) but have since been removed, which will have significant implications for City residents in the area; that Commission consensus is requested to involve the Planning Department to identify the impacts in the Cityi that the hope is to arrange a meeting with neighborhood residents and the JCC to determine if compromises can be achieved; that the JCC plans significant expansion. Commissioner Palmer stated that Michael Taylor, Deputy Director of Planning, spoke at the County's public hearing concerning the 24- pump gas station as a City resident rather than a City representative; that comments and questions from residents of Arbor Oaks, which is not in the City limits but is situated on the edge of the City, were received; that the comments and questions from residents of Arbor Oaks were referred to the Planning Department, which provided information concerning impacts to the levels of service to the roads in the area. Commissioner Martin stated that City and County Staffs should work together to address concerns; that development in the area of McIntosh and Fruitville Roads should be added to the Agenda of the May 9, 2002, Joint meeting of the City Commission and the BCC; that workshops and neighborhood meetings should occur if County projects affect City residents. Vice Mayor Quillin stated that the combined efforts of the City and the County are supported; that impact details could be obtained from Staff reports without waiting for a joint meeting of the City Commission and the BCC; that a key issue is the removal of the planned improvements in the area of McIntosh Road from the County's Five-Year CIP. Commissioner Palmer stated that holding joint meetings of the City Planning Board/Local Planning Agency (PBLP) and the County Planning Commission has been requested repeatedly in the past; that the Commission should indicate through the Administration the strong interest in having joint meetings of the City PBLP and the County Planning Commission. Mayor Mason stated that the Commission's consensus is for the Administration to request a joint meeting of the City PBLP and the County Planning Commission to discuss topics of mutual interest including development in the area of McIntosh and Fruitville Roads, the Sarasota 2050 Plan, etc. D. stated that the groundbreaking ceremony for the levee project at Phillippi Creek was attended with Commissioner Palmer; that the groundbreaking ceremony was a cooperative effort of City and County Staffs from stormwater management, public works, and neighborhoods; that the City catered the food and drinks for the event; that County representatives were unsure if the event should be catered; that the County is impressed with the City's involvement with neighborhood associations; that more joint City and County participation should be encouraged; that the City and County are in the customer service business and must meet the needs of Sarasota constituents. MAYOR MASON: A. stated that the Item entitled "Public Petitions" on the Regular Commission Agenda should be changed to "Scheduled Presentations. Vice Mayor Quillin and Commissioner Servian agreed. Commissioner Palmer asked the action necessary to accomplish the change? City Auditor and Clerk Robinson stated that a Resolution changing the Commission's Rules of Procedure is required to make the change and will be prepared for presentation at the April 15, 2002, Regular Commission meeting. Mayor Mason stated that hearing the Commission's consensus, a Resolution to change the Commission's Rules of Procedure, to provide for Scheduled Presentations rather than Public Petitions will be presented at the April 15, 2002, Regular Commission meeting. B. stated that the Enterprise Zone Development Agency (EZDA) held a second meeting the week of March 24, 2002; that elements of the EZDA work plan approved at the time the State approved the Enterprise Zone designation were assigned to EZDA Board members; that the Commission will be shepherding the EZDA work plan to fruition; that quarterly reports will be provided to the Commission. BOOK 51 Page 23038 04/01/02 6:00 P.M. BOOK 51 Page 23039 4/01/02 6:00 P.M. 23. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XII) #2 (2390) through (2393) CD 8:35 through 8:36 CITY AUDITOR AND CLERK ROBINSON: A. stated that the reception for the Kenneth Thomson Memorial Reflecting Pool Dedication will be held from 5 to 7 p.m. on April 2, 2002, in the City Hall Lobby with the dedication of the plaque at 6 p.m.i that the public is welcome to attend. 24. ADJOURN (AGENDA ITEM XIII) #2 (2394) CD 8:36 There being no further business, Mayor Mason adjourned the Regular meeting of April 1, 2002, at 8:36 p.m. 0AS awt CAROLYN J. MASON, MAYOR ATTEST: SOT4s A > * a 44 0 EPFROBINSON, CITY AUDITOR AND CLERK 9.0 *