MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 16, 2003, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:30 through 2:32 The following person came before the Commission: John Fulton, P.O. Box 48478 (34230), stated that he came before the Commission to discuss observations of the events which have taken place in the City over a period of yearsi that the use of legal counsel within the City should be evaluated; that the belief is the City requires a new in-house law firm; that the time expended over the previous 19 months for litigation related to the Van Wezel Performing Arts Hall (VWPAH) is a concern; that large legal fees for mediation have been expended; that legal fees for the John Ringling Causeway Replacement Bridge are too costly; that the City is not receiving much in return for funds expended on legal matters; that funds expended for legal matters could be better utilized to fund affordable housing; that the City's Building Department has not been able to stop legal issues related to construction; that building inspections should be extremely simple; that a certain amount of work is performed and then inspected; that projects are closed down if inspections are not passed; that mediation should not be necessary for construction; that a simple prosecution of some of the people involved should stop the growing problem; that court procedures are simple; that the problem has existed over the last 15 years but has grown over the last two or three years; that additional revenues from the tax base are being used to fund litigation BOOK 54 Page 256'76 06/16/03 2:30 P.M. BOOK 54 Page 25677 06/16/03 2:30 P.M. which is not necessary; that the City should have appropriate Staff to safeguard the tax base; that the tax base should not be used for funding litigation; that a committee should be established to address the possibility of changes in the manner in which the City addresses legal matters. 2. CHANGES TO THE ORDERS OF THE DAY = APPROVED CD 2:32 through 2:33 City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 2, Item No. IV-B-3, regarding proposed Resolution 03R-1626, appropriating $75,000 from the unappropriated fund balance of the Gas Tax Fund to provide funding for the removal of the tunnel between the old Palmer Bank, located at Five Points per the request of Finance Director Mitchell. B. Add under Unfinished Business Item No. VI-2, Approval Re: Authorize the City Attorney to settle with Taliesin Architects, and individual architects Puttnam and Ascoli for $1.6 Million; authorize the City Attorney to settle with Schuler and Shook for $400,000; authorize the City Attorney to settle with Talaske for $200,000; authorize the City Attorney to offer Dooley & Mack Forristall $650,000 in settlement of claims made against the City on its behalf and on behalf of all its subcontractors per the request of City Attorney Taylor. C. Remove under New Business, Item No. XIII-3, Approval Re: Major Encroachment Agreement between the City of Sarasota and the Sarasota County Transportation Authority for the Sarasota County Area Transit (SCAT) Transfer Station per the request of Deputy City Manager Schneider. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 3. APPROVAL RE: : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MAY 30, 2003, AND THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JUNE 2, 2003 (AGENDA ITEM II-1 AND -2) CD 2:33 through 2:34 Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the Special Commission meeting of May 30, 2003, and the minutes of the Regular Commission meeting of June 2, 2003, are approved by unanimous consent. 4. BOARD ACTIONS RE : REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 14, 2003 - RECEIVED REPORT; SET PROPOSED ZONING TEXT AMENDMENT APPLICATION NO. 03-ZTA-02 FOR PUBLIC HEARING (AGENDA ITEM III-1) CD 2:34 through 2:37 Kenneth Shelin, Member of the Planning Board/Local Planning Agency (PBLP), and Michael Taylor, Deputy Director of Planning, came before the Commission. Mr. Shelin stated that the following item was discussed at the May 14, 2003, Regular PBLP meeting: Proposed Zoning Text Amendment Application No.03-ZTA-02, to improve the City's Tree Protection Ordinance. Mr. Shelin continued that the PBLP conducted a public hearing and voted unanimously 5 to 0 to find proposed Zoning Text Amendment Application No. 03-ZTA-02 as incorporated in Ordinance No. 02-4401 satisfies the Standards for Review in Section IV- 1206, Zoning Code (2002 Ed.), and recommended Commission approval subject to the following recommended modifications of the proposed revisions to the Zoning Code (2002 Ed.): Definition for "Diseased Tree" is added to Section II- 201; Term "licensed certified arborist" has been changed to "certified arborist", Term "Florida Department of Agriculture, Grades and Standards for Nursery Plants, Part II, Palms and Trees, Florida Number One Grade" has been changed to "Florida Department of Agriculture, Grades and BOOK 54 Page 25678 06/16/03 2:30 P.M. BOOK 54 Page 25679 06/16/03 2:30 P.M. Standards for Nursery Stock, Florida Number One Grade"; Section VII-314, B, Tree Protection Agreement, revised to require review of the proposed Tree Protection Agreement by the PBLP; Section VII-317, Licenses and Insurance Required, revised to require valid proof of insurance "in accordance with any applicable requirements of" Florida law - Section VII-320, A(3), Criteria for Granting Permits, scrivener's correction deletes the word "and"; Section VII-322, Permit Conditions, divide Section (b) into subparagraphs (i) and (ii) to reduce the minimum required caliper, height and tree spread for replacement trees applicable to "housing sold to low and moderate income families"; Section VII-324, B, Replaçement Tree Fund, provides for an opportunity for the PBLP to comment on the proposed Administrative Regulations regarding the Replacement Tree Fund. Section VII-324, B(3), Replacement Tree Fund, revised to reduce the required replacement tree fee applicable to housing sold to low and moderate income families; Section III-201, revised to clarify the review role of the PBLP regarding tree protection agreements. Mr. Shelin further stated that contractors applying for tree removal permits should be required to provide a certificate of insurance for liability and workers' compensation insurance; that significant damage caused by an itinerant tree trimmer has been personally seen; that the term "diseased" was also discussed and a modification has been included; that experts have indicated nearly every tree is diseased to some degree or another; that diseased trees are not necessarily candidates for removal; that the PBLP recommended Staff draft administrative regulations concerning use of tree replacement funds with the suggestion the funds be used to provide replacement trees in the area near the project in which the trees are being removed; that the PBLP rejected the complete exemption of tree replacement requirements for affordable housing; that residents and buyers of affordable housing deserve trees as much as anyone else; that mitigation was suggested; that the PBLP suggested a better connection than recommended by Staff between intentional violations of law and the consequences of such; that City ordinances should clearly cross-reference the statute which provides the consequence for the prohibited act. Vice Mayor Martin stated that the work performed and the suggestions are appreciated; that the Tree Protection Ordinance is important to the Commission. Mayor Palmer agreed. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to receive the board report of the May 14, 2003, Regular Planning Board/Local Planning Agency meeting. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to set Zoning Text Amendment Application No. 03-ZTA-02 as incorporated in proposed Ordinance No. 02-4401 for public hearing as recommended by the Planning Board/Local Planning Agency. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Vice Mayor Martin asked the date the proposed Ordinance will be scheduled for public hearing? City Auditor and Clerk Robinson stated that the public hearing for the proposed Ordinance will be scheduled for the July 21, 2003, Regular Commission meeting. 5. BOARD ACTIONS RE: REPORT RE: CELEBRATE SARASOTA COMMITTEE MEETING OF JUNE 11, 2003 - AUTHORIZED GRANT FUNDING OF $500 FOR THE SUNCOAST OFFSHORE PARADE AND REALLOCATION OF $3,500 FROM THE STRATHSPEY REEL SOCIETY PERFORMANCE AND MASTER CLASSES EVENT TOWARD THE CREATION OF THE SARASOTA TARTAN : APPROVED ALLOCATION OF AN ADDITIONAL $1,800 TOWARD THE CREATION OF THE SARASOTA TARTAN CONSISTENT WITH THE EVENTUAL APPROVAL OF THE SARASOTA SISTER CITIES ASSOCIATION; DIRECTED THE ADMINISTRATION TO REPORT BACK THE STATUS OF THE CITY'S TIME CAPSULE; RECEIVED REPORT (AGENDA ITEM III-2) CD 2:38 through 3:00 BOOK 54 Page 25680 06/16/03 2:30 P.M. BOOK 54 Page 25681 06/16/03 2:30 P.M. Thorning Little, Chair, Celebrate Sarasota Committee (Committee), came before the Commission; and presented the following items from the June 11, 2003, Committee meeting: A. Funding for the Tartan Day Committee Mr. Little stated that the Tartan Day Committee received a $5,225 Celebrate Sarasota grant for the Strathspey Reel Society Performance and Master Classes event; that the Committee and the Commission were informed at the time the grant was requested that any unused portion of the funds would be returned to the City; that the unused portion is approximately $3,500; that subsequent to the grant request being submitted and separately from the work of the Tartan Day Committee, Sarasota Sister Cities Association (Sister Cities) received approval from the Commission to create a new tartan (Scottish plaid) to signify the union of Sarasota and Dunfermline, Scotland, as sister cities, which will be called the "Sarasota Tartan"; that the Sarasota Tartan will be registered by Lord Lyon of Scotland; that the City and Sister Cities will hold the copyright; that the initial run of the fabric will cost $5,300; that the request is to use the funding of $3,500 previously designated for return to the City as well as for an additional $1,800 to cover the costs for the initial run of the fabric. Mr. Little continued that the Sarasota Tartan was designed in the same manner as the Dunfermline Tartan but is in a slightly different pattern; that the Sarasota Tartan is designed with the City's colors; that the Sarasota Military Academy would like to use the Sarasota Tartan for kilts for students beginning a bagpipe band; that the Sarasota Military Academy will purchase 12 kilts at $400 each; that four other people have also expressed an interest in purchasing kilts; that William Wallace who represents Sister Cities and the Tartan Day Committee is present in the Chambers and can provide further details if the Commission desires; that kilts could be purchased in time for the closing ceremonies of the City's 100th Anniversary; that the Committee voted unanimously 6 to 0 to recommend the Commission utilize the funds remaining from the Strathsprey Reel Society and Master Classes event to purchase the first run of fabric for the Sarasota Tartan and authorize an additional amount of $1,800; that a suggestion was funding may be potentially available in either the City's or Sister Cities budget which could supplement the costs. Mayor Palmer stated that discussions were held with Linda Rosenbluth, President of Sister Cities; that Ms. Rosenbluth indicated approximately $9,000 remains in the Sister Cities budget; that the City cannot authorize use of the funds without the approval of Sister Cities Board; that Ms. Rosenbluth expressed a willingness to bring forth the idea to the Sister Cities Board; that the Sister Cities Board should approve the use of the funding since the funding has been allocated to Sister Cities; that Ms. Rosenbluth indicated the Sister Cities Board will have no objection to allocating the funds; that the City Attorney's Office should identify if previous agreements will allow the funding to be utilized for purposes other than originally intended which was for lodging expenses for foreign dignitaries. Vice Mayor Martin asked the amount of Celebrate Sarasota funding remaining? Mr. Little stated that the current balance is $6,873.97 which includes the funding which has been set aside by the City Auditor and Clerk. B. Funding for the Suncoast Offshore Fourth of July Parade. Mr. Little stated that representatives from the Suncoast Offshore Fourth of July Parade requested $500 to sponsor a small marching band; that the small marching band will display Celebrate Sarasota banners; that the Committee voted unanimously 7 to 0 to recommend to the Commission an allocation of $500 to sponsor a marching band in the Suncoast Offshore Parade on July 4, 2003, to display banners and other Celebrate Sarasota materials in the parade. C. Funding for the Great Outdoors Conservancy. Mr. Little stated that a request was also received from the Great Outdoors Conservancy requesting grant funds for the Oktoberfest Suncoast scheduled for October 3 through 5, 2003, at the Sarasota Fairgrounds; that a determination was made the grant request does not appear to meet the criteria established by the Committee which requires an event be related to the history of Sarasota; that further, $31,000 in funding was allocated to the Hands of Heritage Multicultural Committee, which is a similar event in October and is the Closing event for Celebrate Sarasota activities; that the Committee voted BOOK 54 Page 25682 06/16/03 2:30 P.M. BOOK 54 Page 25683 06/16/03 2:30 P.M. unanimously 7 to 0 to deny the request of the Great Outdoors Conservancy for funding for the Oktoberfest Suncoast event. D. Funding for the Historical Society of Sarasota County. Mr. Little stated that the Historical Society of Sarasota County (Historic Society) requested funding of $10,000 for an interactive kiosk for the Historic Society's office at the City's Federal Building; that the City Manager has agreed to the use of an office at the Federal Building for exhibits and displays related to the City's history; that an interactive kiosk is a unique way of allowing citizens, tourists, and children to view the history of Sarasota; that the cost of the project is $25,000; that $10,000 is requested for the development of the kiosk, including electronic parts, programming and set-up expensesi that the kiosk will show the buildings, people, and places of Sarasota's history; that the hope is the opening of the office and exhibit will be held in conjunction with the grand opening celebration of the City's new offices at the Federal Building in July 2003. Mr. Little continued that $2,500 is presently allocated toward the placement of a time capsule in the City's Federal Building; that the Committee voted unanimously 7 to 0 to rescind the allocation of $2,500 for a time capsule for the Federal Building and to recommend to the Commission the $2,500 be awarded to augment the cost of displays concerning the history of Sarasota in the office at the Federal Building. Mayor Palmer stated that the requests are to: Allocate the previous Grant of $2,500 approved for placement of a time capsule in the Federal Building to the creation of an interactive kiosk in the Federal Building; Approve a grant allocation of $500 to the Suncoast Offshore parade for the marching band; Allocate $3,500 of the grant for the Strathspey Reel Society Performance and Master Classes event to be returned toward the creation of the Sarasota Tartan; Approve an additional allocation of $1,800 toward the creation of the Sarasota Tartan. Mr. Little stated that a balance of $4,573.97 would remain in Celebrate Sarasota funds if the grant allocations to the Suncoast Offshore for $500 and $1,800 toward creation of the Sarasota Tartan are approved. Mayor Palmer stated that the $1,800 could be allocated from the $10,000 in City funds budgeted for Sister Cities, which would raise the balance of Celebrate Sarasota funds above $5,000; that the desire was to keep at least $5,000 in Celebrate Sarasota funds for any expenditures necessary at the end of the year of the City's 100th Anniversary Celebration; that approval by the Sister Cities Board is required to allocate $1,800 of the City's funds budgeted for Sister Cities. City Attorney Taylor asked the manner in which the funding was originally allocated to Sister Cities? City Auditor and Clerk Robinson stated that at the February 18, 1997, Regular Commission meeting, Sister Cities requested financial support in the amount of $10,000 retroactive to January 1, 1997, to be held in reserve and dispensed only as needed to pay the expenses of official foreign visitors, e.g., hotel costs, local transportation, attendance at receptions, and memorabilia presented to foreign visitors; that the requested funding allocation was by a Commission motion; that $10,000 has been allocated in each years budget since 1997 Mayor Palmer stated that the $1,800 would be considered a reallocation; that the Commission can make a determination on reallocation. Vice Mayor Martin asked the date of the next Sister Cities meeting. Mayor Palmer stated that Ms. Rosenbluth indicated a vote could be taken via electronic mail rather than requiring a formal Board meeting; and requested that William Wallace who represents Sister Cities come before the Commission. Mr. Wallace stated that no Sister Cities meetings are scheduled during the summer of 2003; that Ms. Rosenbluth indicated a vote for approval of allocation of the $1,800 could be taken via telephone or electronic mail. Vice Mayor Martin asked the status of the City's time capsule? BOOK 54 Page 25684 06/16/03 2:30 P.M. BOOK 54 Page 25685 06/16/03 2:30 P.M. City Manager McNees stated that the belief is space in the Federal Building under a stairwell was allocated for the time capsule; that the Commission directed the purchase of a safe which would be used as the time capsule as well as a plaque; that the present status will be researched. Mayor Palmer stated that the Historic Society is waiting for the allocation of the $2,500; that the Commission may have to delay the allocation until the status of the time capsule is determined. Mr. Little stated that the Historic Society will likely not have the interactive kiosk ready by the opening ceremonies of the Federal Building. Commissioner Atkins stated that the City should participate in the grand opening of the John Ringling Causeway Replacement Bridge (Ringling Bridge) in a major wayi that City events could be tied into the celebration of the opening of the Ringling Bridge. Mayor Palmer stated that the issue has been discussed and is in the planning stages. City Manager McNees stated that work to connect a City event with the grand opening of the Ringling Bridge is moving forward; that City funds will not be expended on events which will be tied to the grand opening of the Ringling Bridge; that any remaining Celebrate Sarasota funding will be included in the City event if the Commission chooses to provide the allocation. Mayor Palmer stated that a small amount of funding remains which could be allocated toward a City event at the grand opening of the Ringling Bridge. Mayor Palmer continued that the Jewish community has not come forward expressing interest in sponsoring or participating in a Celebrate Sarasota event; that additional requests for grant funding will likely be minimal at this point. On. motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to authorize grant funding of $500 for the Suncoast Offshore Parade and to reallocate $3,500 to be returned from the Strathspey Reel Society Pertormance and Master Classes event toward the creation of the Sarasota Tartan. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. Mayor Palmer stated that the previously allocated $2,500 from the time capsule to the Historic Society and the $1,800 in additional funding for the Sarasota Tartan will be researched prior to a Commission decision. Commissioner Atkins asked if the Sarasota Tartan will be unique to Sarasota? Mr. Wallace stated yes. Mayor Palmer stated that the colors in the Sarasota Tartan are not unique; however, the design of the Sarasota Tartan cannot be replicated by anyone. Mr. Wallace displayed a rendering of the Sarasota Tartan on the Chamber monitors; and stated that the colors have symbolism; that the colors are a combination of the colors of the Cities of Sarasota and Dunfermline; that the gold and teal are Sarasota's colors representing the sun and water; that the blue represents the colors of Dunfermline; that the color white signifies all Sarasota's other sister cities and is the symbol of peace; that the colors of the official Sarasota Tartan are a tribute to both cities. Vice Mayor Martin asked if the entire first run of the Sarasota Tartan would be used for the kilts requested by Sarasota Military Academy? Mr. Wallace stated that 16 or 18 kilts can be made from the initial run of the material; that 12 kilts would be ordered by Sarasota Military Academy which would constitute the largest portion of the first run. Mayor Palmer asked if Sarasota Military Academy would be funding a portion of the cost? Mr. Wallace stated that the cost of the fabric is being funded by the Cityi that the Sarasota Military Academy will be funding the fabrication of 12 kilts. Vice Mayor Martin asked if the Sarasota Military Academy will be reimbursing the City for the kilts? BOOK 54 Page 25686 06/16/03 2:30 P.M. BOOK 54 Page 25687 06/16/03 2:30 P.M. Mr. Wallace stated that $5,300 is required for the initial run of the material; that payment of items ordered after the initial run of material are the responsibility of the requestor. Vice Mayor Martin stated that the Sarasota Military Academy is not paying for the material; that the City is paying for the material; and asked if some material will be left over for other purposes from the first run? Mr. Wallace stated yes; that some material should be left for banners and floor length skirts, etc. Mayor Palmer asked the wishes of the Commission regarding the allocation of $1,800 from the Sister Cities budget toward creation of the Sarasota Tartan? Vice Mayor Martin stated that $10,000 was originally allocated to Sister Cities in 1997 and is allocated each year; and asked if the yearly allocation is typically expended? City Auditor and Clerk Robinson stated that Sister Cities typically expends $10,000 annually; that funds were advanced to Sister Cities for a reception in conjunction with a scheduled visit by representatives of Sister City Dunfermline, Scotland, held in October 2002 which resulted in a profit; that Sister Cities returned approximately $7,000 back to the City. Vice Mayor Martin stated that Ms. Rosenbluth has provided a positive indication the Sister Cities will allocate the $1,800 toward the Sarasota Tartan; that the City should make a decision soon. Mayor Palmer stated that the issue regarding allocation of the $1,800 should be placed on the Agenda for the July 7, 2003, Regular Commission meeting. Mr. Wallace stated that timing issues exist in terms of completion of the finished kilts which is approximately 12 to 14 weeks. Mayor Palmer stated that approving the allocation of $1,800 at this time consistent with the approval of Sister Cities is supported. Vice Mayor Martin agreed. On motion of Commissioner Bilyeu and second of Commissioner Servian, it was moved to approve allocation of $1,800 toward the creation of the Sarasota Tartan fabric consistent with the eventual approval of the Sarasota Sister Cities Association. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to receive the report of the June 11, 2003, Celebrate Sarasota Committee. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 6. BOARD ACTIONS RE: REPORT RE : LIDO FACILITY TASK FORCE - DIRECTED THE ADMINISTRATION TO REPORT BACK THE STATUS OF FUNDING FOR CONSTRUCTION OF THE LIDO POOL AND TO SCHEDULE A JOINT MEETING WITH THE AD HOC COMMITTEE AS SOON AS PRACTICABLE, ; RECEIVED REPORT (AGENDA ITEM III-3) CD 3:00 through 3:24 Chris Blue, Chair, Lido Pool Ad Hoc Committee (Ad Hoc Committee), and Duane Mountain, Public Works Capital Projects Manager, came before the Commission. Chair Blue referred to a packet of informative information relating to the Lido Beach Pool (Lido Pool) included in the Agenda Backup material and to computer-generated slides of the Lido Facility Task Force Progress Summary displayed on the Chamber monitors; and stated that the team comprising the Ad Hoc Committee is unique, creative, and effective; that having the opportunity to chair the efforts of the Ad Hoc Committee is appreciated; however, the Ad Hoc Committee rarely requires direction; that the Ad Hoc Committee is comprised of: Chair Chris Blue, President of Tamaron Homeowners' Association, member of Sarasota Keys Rotary Club and Board of Directors of the Historical Society of Sarasota County Vice Chair Jim Coney, Coalition of City Neighborhoods Association; and Members Arnold Berns, Historic Society President; Mollie Cardamone, former Commissioner and Mayor of the City; Diane Esthus, Historic Society member; John McCarthy, General Manager, Sarasota County Parks and Recreation; Michael McNees, City Manager; Duane Mountain, Public Works Capital Projects Manager for the City; George Peter Ryan, President, Lido Key Residents Association; BOOK 54 Page 25688 06/16/03 2:30 P.M. BOOK 54 Page 25689 06/16/03 2:30 P.M. Barbara Tisdale, Council of Neighborhood Associations (CONA) ; and Tollyn Twitchell, Architect and son of Ralph Twitchell, original architect of the Lido Beach Casino. Chair Blue continued that the Ad Hoc Committee's mission is to commit to satisfying the needs of the Commission in response to the public outcry for a Lido Beach Municipal Facility (Lido Beach Facility) which will provide a vital place in the lives of Sarasotans and a delightful and engaging focal point for visitors from across the world; that the Ad Hoc Committee is a significant force in the planning and execution of a comprehensive capital improvements project to resurrect the Lido Beach Facility to its historic place of value and significance within the greater Sarasota community; that the Ad Hoc Committee endeavors to represent the community's needs to ensure the viability of the Lido Beach Facility. Chair Blue further stated that Sarasotans who came of age during the decades of the 1940s, 50s and 60s have first-hand knowledge and sweet memories of the Lido Beach Casino; that the Lido Beach Casino attracted residents and tourists for pool and gulf swimming, dining, dancing, shopping, and enjoying the beach for nearly 30 years; that activities such as swim meets, and beauty pageants as well as school and social events were held at the Lido Beach Casino; that the exceptional art deco style casino, designed by renowned architect, Ralph Twitchell, was recognized in part for its cast concrete seahorses, glass block, and murals of tropical scenes; that the City acquired the necessary land from the John and Mable Ringling estate and secured Federal funds from the Works Progress Administration, which was a work program for the unemployed created in 1935, for construction of the Lido Beach Casino; that more than 1,000 people attended the formal opening in December 1940; that the City considered renovating the Lido Beach Casino in the 1960s but had the building demolished and replaced with a smaller building in 1969. Chair Blue stated that the Ad Hoc Committee is open to all ideas; that an assortment of ideas have been generated including ferris wheels, kayaking, kite flying, marriage ceremonies, poetry in the park, sand art, fireworks, music, fishing, sailing, dramatic presentations, band concerts, esplanades, fountains, dancing in the moonlight, shopping, and a variety of swimming activities; that the Ad Hoc Committee addressed facilities required to support the ideas; that promenades, an amusement midway, fishing pier, cabanas, restaurant, stores, history display of Lido Beach, bank and credit card kiosks, a band shell, barbecue grills, a basketball court, piazzas, parking, benches, and a diving well were identified as facilities to support the uses envisioned. Chair Blue continued that the efforts extended by Mr. Mountain to identify the use and facility activity elements are appreciated; that the elements were organized into the categories of water, building, passive, and other; that possible sources, justification, validation, and communications planning are areas the Ad Hoc Committee will use while addressing the issue of acquiring funding. Chair Blue further stated that the Ad Hoc Committee is coming closer to the concept of cohesive facilities; that the Ad Hoc Committee is utilizing democratic consensus building methods; that the Ad Hoc Committee must focus on the physical reality of constraints such as which elements will fit, which City codes must be followed, which elements belong together, and which provide for the majority of the population to use; that documentation which clearly displays physical dimensions of the site and the current facilities on the site is necessaryi that expertise in Federal Emergency Management Agency (FEMA) requirements, building codes, Environmental Protection Agency (EPA) constraints, and insurance coverage constraints is required. Chair Blue stated that on June 17, 2003, the Ad Hoc Committee will visit the Lido Beach Facility site with individuals representing environmental considerations; that removal of some minor dunes which block some of the view from the first floor of the existing pavilion is a desire. Mayor Palmer stated that the public may be interested in attending; and asked the time of the meeting? Chair Blue stated that the Ad Hoc Committee will be meeting from 3:00 to 5:00 p.m. at the pavilion. Chair Blue referred to initial renderings of the proposed Lido Beach Facility on the Chamber monitors; and continued that having Tollyn Twitchell, Architect and son of Ralph Twitchell, original architect of the Lido Beach Casino, as a member of the Ad Hoc Committee is wonderful; that Mr. Twitchell has provided significant architectural insight; that desired elements include a BOOK 54 Page 25690 06/16/03 2:30 P.M. BOOK 54 Page 25691 06/16/03 2:30 P.M. feeling of togetherness and being part of a gathering; that the rendering indicates a splash park/play fountain and depicts gathering areas; that a band shell area is included; that the pavilion building plus a promenade, esplanade, or deck surrounds the pool; that a diving well may be included; that the existing structure on the site may be worked into the architectural plan; that the rendering also indicates parking lot areas; that the architecture will include sea horses in the design; that the splash park/play fountain will include computerized jets which will have random or sequenced spray from the base of the splash park/play fountain; that the splash park/play fountain does not include a large amount of water and is shallow; that the splash park/play fountain will be safe for everyone to enjoy; that the base of the splash park/play fountain will be illuminated; that Forest Park in St. Louis, Missouri, which is similar to Central Park in New York City, New York, has a number of fountains which are illuminated with base lighting; that the light emitted from the fountains is similar to a silent display of fireworks; that installing lighting at the base of the splash park/play fountain will not create a problem for sea turtles attempting to travel from the beach into the Gulf of Mexico. Chair Blue further stated that the site is free and accessible; that the theme is decoration for fun; that the amenities provided will provide enjoyment for anyone; that the band shell is also accessed freely; that seating will be in the sand; that some of the parking area is presently utilized by the Radisson Lido Beach Resort but will be reclaimed and converted to sand; that the shape of the band shell will be in the form of a shell; that a view from the beach should be reminiscent of the architecture which was part of the original Lido Beach Casino building; that the term "Casino" has changed from the original usage in 1939 at the time built; that the new building will not be referenced as a Casino; that the design will include two low floors; that the profile will not exceed the building presently existing on the site; that leaving the view intact is a desire; that the building could be used as a restaurant and for meetings, dancing, etc., that sea horses will be incorporated into the design of the building; that glass brick panels will be included on either side of the two towers of the building. Chair Blue further stated that the Ad Hoc Committee would like clarification regarding funding issues such as which sources of funding are and are not permitted; that the Ad Hoc Committee also must identify which processes and deliverables are necessary to satisfy the Commission; that the Ad Hoc Committee would also like to know the planned participation of the Commissioners; that the Ad Hoc Committee will require ideas of the appropriate venues in which to disseminate information within the County; that meeting dates have been scheduled with the Coalition of City Neighborhoods Association (CCNA), the Sarasota County Coalition of Neighborhood Associations (CONA), and the Sarasota Keys Rotary Club to discuss the plans; that communications are beginning with the community; that the Commission is requested to schedule a joint workshop between the Commission and the Ad Hoc Committee regarding the Lido Beach Facility plans. Mayor Palmer stated that the Commission has many questions; that time is not presently available to discuss the issue; that a joint workshop or a special meeting is appropriate and supported; that the Commission's agreement to refer the scheduling of a joint workshop to the City Manager and the City Auditor and Clerk is requested. City Manager McNees stated that scheduling a joint workshop to address decision making is premature; that decision items and recommendations should be further identified prior to scheduling a workshop; that a joint workshop may be necessary to move forward but scheduling is not required at this time. Mayor Palmer stated that the Ad Hoc Committee requires direction from the Commission; that the Ad Hoc Committee and the Administration should determine a meeting date. City Manager McNees stated that questions have not been identified; that scheduling a joint workshop is premature. Mayor Palmer disagreed; and stated that the belief is the other Commissioners also believe a joint meeting is necessary. Commissioner Servian stated that a joint workshop is necessary. Mayor Palmer stated that either a joint workshop or a special meeting is necessaryi that the Ad Hoc Committee desires direction from the Commission; that final determinations possibly cannot be provided without a joint meeting; that scheduling a meeting at this point is appropriate. Vice Mayor Martin asked if the Ad Hoc Committee is willing and continuing to work? Chair Blue stated yes. BOOK 54 Page 25692 06/16/03 2:30 P.M. BOOK 54 Page 25693 06/16/03 2:30 P.M. Vice Mayor Martin stated that receipt of pertinent details which will assist in decision making are continuing; that the Ad Hoc Committee may be requesting a reconfirmation or affirmation from the Commission regarding the work being performed and issues related to funding. Chair Blue stated that is correct; that the process began with a December 2, 2002, Position Statement and Proposal to the Commission and Staff which is included in the Agenda Backup material; that the Position Statement and Proposal was referred to the Administration, which then created the Ad Hoc Committee; that the Ad Hoc Committee requires confirmation to ensure the effectiveness and efficiency of the activities have appropriate scope; that the Ad Hoc Committee desires to serve the Administration and the Commission with the best effort to ensure deliverables are effective. Mayor Palmer stated that the Ad Hoc Committee should meet with the Administration to determine the appropriate time for a joint meeting; that the Ad Hoc Committee has presented sufficient information for the Commission to share opinions and offer suggestions regarding the Ad Hoc Committee's direction; that hearing no objections, the City Manager is requested to schedule a joint meeting between the Commission and the Ad Hoc Committee soon. Commissioner Servian stated that a joint meeting is important to ensure the path taken will result in a report and wonderful renderings; that the Commission's direction is necessary; that the hard work performed by the Ad Hoc Committee is appreciated; that the Ad Hoc Committee is creative; that the community is anxiously awaiting the outcome of the Lido Beach Facility; that an upgrade of the Lido Beach Facility is necessary. Mayor Palmer stated that the efforts of the Ad Hoc Committee and the Administration and Staff are appreciated; that everyone has been working diligently; and asked the status of the plans for the Lido Pool? Mr. Mountain stated that a Request for Proposal (RFP) for the design and construction of the Lido Pool was recently issued; that the package is due in approximately one and one half weeks; that the contractor and the cost to construct the pool will then be identified; that the process is moving forward; that six contractors attended a mandatory pre-bid meeting; that Staff is confident RFPS of high quality will be received from contractors; that Staff is looking forward to bringing the information to the Ad Hoc Committee. Commissioner Servian stated that the original thought was the Lido Pool would be completed sometime in September 2003; and asked the feasibility of the previously estimated timeframe? Mr. Mountain stated that the estimated timeframe cannot be provided until a contractor has been identified; that the schedule of the contractor will dictate the timeframe to construct the Lido Pool; that the RFP process is somewhat different than a regular contract; that the lowest bid is not being solicited; that the RFP process is to identify the most competent company to provide the desired design and construction of the Lido Pool; that a September or October 2003 timeframe for completion of the Lido Pool is anticipated but cannot be guaranteed at this time. Commissioner Servian stated that the public should be made aware of the timeframe for completion of the Lido Pool; that the Commission previously indicated publicly the pool could possibly be completed by Labor Day 2003; that keeping the public informed of the status of the Lido Pool going forward would be appreciated. Vice Mayor Martin asked for clarification regarding funding for construction of the Lido Pool. City Manager McNees stated that construction of the Lido Pool is funded; that funds have been identified only for the Lido Pool at this time. Mayor Palmer stated that the recollection is $325,000 was available to construct the Lido Pool; that an additional $75,000 was necessaryi that the Administration is requested to provide a report concerning the status of funding for construction of the Lido Pool. City Manager McNees stated that a report concerning the status of funding for construction of the Lido Pool will be provided. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to receive the report of the Ad Hoc Committee regarding the Lido Beach Facility. Motion carried BOOK 54 Page 25694 06/16/03 2:30 P.M. BOOK 54 Page 25695 06/16/03 2:30 P.M. unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5, 6, AND 7 - APPROVED (AGENDA ITEM IV-A) CD 3:24 through 3:25 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Donation & Escrow Agreement with WWSB, Channel 40, for the July 4th Fireworks. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interlocal Agreement between the City of Sarasota and the Housing Authority of the City of Sarasota for the provision of supplemental police services to create a drug-free and crime-free environment and to provide for the safety and protection of the residents in its public housing developments 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment Agreement between the City of Sarasota and BMK Architects, Inc. to set forth the name change of the architect from Barger and Dean Architects, Inc., to BMK Architects, Inc., applicable to the original agreement of September 1, 2000, the First Amendment of August 21, 2001, and the Second Amendment of January 14, 2003. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a proposed Quitclaim Deed with reverter clause from the City of Sarasota to Courthouse Centre of Sarasota, Ltd., for two cubicles of above grade right- of-way air space in connection with the approved Courthouse Centre Project. 5. Approval Re: Advertise the proposed FY 2003-2004 Action Plan, which details proposed expenditures for the Community Development Block Grant (CDBG) and HOME funds as outlined in the 2000-2005 Consolidated Plan. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Leggette, Brashears & Graham, Inc. (RFP #03-41M) for Engineer and Hydrogeologist Continuing Professional Services on an "as needed" basis. 7. Approval Re: Ratification of the new Contract Agreement between the City of Sarasota and the Citrus, Cannery, Food Processing & Allied Workers, Drivers, Warehousemen & Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173, dated October 1, 2002. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos.1 through 7, inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1621) = ADOPTED ; ITEM 2 (RESOLUTION NO. 03R-1622) ADOPTED; AND ITEM 3 (RESOLUTION NO. 03R-1626) = REMOVED UNDER CHANGES (AGENDA ITEM IV-B) CD 3:25 through 3:26 1. Adoption Re: Proposed Resolution No. 03R-1621, appropriating $30,000 from the unappropriated fund balance of the Solid Waste Equipment Replacement fund to provide additional funds for the purchase of vehicles, as one of the trade-in vehicles will be used as a back- up fleet vehicle due to the loss of a vehicle by fire, etc. 2. Adoption Re: Proposed Resolution No. 03R-1622, authorizing a four/tenths percent (.4%) increase in the base rate of pay for active eligible employees, through grade 17, for whom collective bargaining is not required, except provided herein, an increase in the rate of pay as provided herein, effective retroactive to October 2, 2002, etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution No. 03R-1621 in its entirety and proposed Resolution No. 03R-1622 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 and 2. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes. 9. UNFINISHED BUSINESS: DISCUSSION RE: : MAIN STREET STREETSCAPE PROJECT, TREE SELECTION IN VICINITY OF HISTORIC SARASOTA COUNTY COURTHOUSE AUTHORIZED PLANTING OF PALM BOOK 54 Page 25696 06/16/03 2:30 P.M. BOOK 54 Page 25697 06/16/03 2:30 P.M. TREES ALONG THE FRONTAGE OF THE HISTORIC SARASOTA COUNTY COURT HOUSE AS . PART OF THE MAIN STREET STREETSCAPE PROJECT (AGENDA ITEM VI-1) CD 3:26 through 3:32 Vice Mayor Martin stated that the Commission formally adopted the Main Street Streetscape Project; that a call was recently received from Nora Patterson, Sarasota County Board of County Commissioners (BCC), who indicated a concern regarding a previous request for palm trees along the frontage of the historical Sarasota County Court House (Court House). Vice Mayor Martin distributed a June 10, 2003, letter to the Mayor from Karen Rushing, Clerk of the Circuit Court, Sarasota County, concerning a request to plant palm trees rather than oak trees in front of the County Court House on Main Street; and stated that Ms. Rushing has undertaken an effort to restore the Court House over many years; that restoring the historical appearance of the Court House including the palm trees along the frontage was communicated to the City for inclusion in the City's Main Street Streetscape Project; that high rise live oaks are the approved streetscape tree; that high rise live oaks will look along Main Street; however, including palm trees along the frontage of the Court House is the desire of Ms. Rushing and David Baber, General Manager, Sarasota County History Center, and others; that the desire to include the palm trees along the frontage of the Court House was communicated but has not been included in the Main Street Streetscape Project; that the request is simple, important, and should be granted; that discussions have taken place with the Administration; that planting of the oak trees is scheduled in approximately three weeks; that Staff has indicated planting palm trees rather than oak trees on the frontage of the County Court House is not a problem; that the County has suggested certain preferred species of palm trees which are low maintenance; that increased maintenance will not be an issue; that the request to include palm trees rather than oak trees is required to come before the Commission since the Main Street Streetscape Project was formally adopted by the Commission. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to authorize the planting of palm trees along the frontage of the Court House as part of the Main Street Streetscape Project. Vice Mayor Martin displayed a 1929 photograph of the Court House on the Chamber monitors to indicate the original landscaping which included palm trees at the time. Commissioner Servian stated that placing the item on the Agenda is appreciated; that a discussion also took place with BCC Commissioner Patterson; that the request is easy to grant; that honoring the historic nature of the City's buildings is supported; that restoring the landscaping to the original form is wonderful. Mayor Palmer asked if Staff is aware of the location of the original landscaping along the frontage of the Court House? William Hallisey, Director of Public Works, came before the Commission and stated that the location of the original landscaping has not yet been defined; that Staff will meet with the County and make the change to plant palm trees as appropriate. Commissioner Atkins asked if palm trees are being included in the entire Main Street Streetscape Project or are only being planted along the frontage of the Court House? Mr. Hallisey stated that the understanding is the request is only for palm trees along the frontage of the Court House. Vice Mayor Martin stated that is correct. Commissioner Atkins stated that a tremendous need for shade exists. Vice Mayor Martin stated that the request is for five palm trees along the frontage of the Court House. Mayor Palmer called for a vote on the motion to authorize the planting of palm trees along the frontage of the Court House as part of the Main Street Streetscape Project. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 10. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE CITY ATTORNEY TO SETTLE WITH TALIESIN ARCHITECTS, AND INDIVIDUAL ARCHITECTS PUTTNAM AND ASCOLI FOR $1.6 MILLION, WITH SCHULER AND SHOOK FOR $400,000, WITH TALASKE FOR $200,000 AND TO OFFER DOOLEY & MACK = FORRISTALL $650,000 IN BOOK 54 Page 25698 06/16/03 2:30 P.M. BOOK 54 Page 25699 06/16/03 2:30 P.M. SETTLEMENT OF CLAIMS AGAINST THE CITY ON ITS BEHALF AND ON BEHALF OF ALL ITS SUBCONTRACTORS APPROVED (AGENDA ITEM VI-2) CD 3:32 through 3:51 City Attorney Taylor stated that the item was placed on the Agenda as a result of an out-of-sunshine attorney-client session held on June 13, 2003, which was to consider a settlement offer received by the City from the attorney for Taliesin Architects and two individual architects who are named defendants in the litigation pending over the Van Wezel Performing Arts Hall (VWPAH) renovations; that consideration of the VWPAH problems began with an attempt at mediation in February 2001; that the mediation was not successful and the Commission authorized the filing of suit in November 2001; that the matter has been complex due to the issues relating to construction complexity, design, delays and the cause for delays; that complexities have also arisen due to the significant number of consultants and construction entities involved; that everyone involved was acting pursuant to a contract; that the contract language has brought about complications. City Attorney Taylor continued that although a settlement offer is being brought before the Commission for approval, the City's claim against the architects immediately brings to the forefront a claim which is not in litigation and which involves the contractor, Dooley & Mack Forristall; that Dooley & Mack Forristall has made a claim against the City; that the City was not successful in involving Dooley & Mack Forristall in the litigation due to an arbitration Clause in the City's contract; that the claim has become a collateral matter which has proceeded along with the litigation but is outside litigation; that though not a part of the litigation, the attorney and principals for Dooley & Mack Forristall have voluntarily participated in the mediations undertaken by the City. City Attorney Taylor further stated that Taliesin Architects and the individual architects Anthony Puttnam and Jean Ascoli have offered to settle with the City for $1.6 million which is the balance of the insurance policy available to the City as a result of the contract and requirements of the contract concerning insurance coverage; that in addition, sub-consultants to the architects share responsibility for the difficulties encountered at the VWPAH; that the City has been successful in negotiating settlement with the theater consultants, Schuler and Shook, Inc.; that Schuler and Shook, Inc. has offered $400,000 in settlement of claims; that the sound consultant, the Talaske Group, Inc., has offered $200,000 in settlement of claims which brings the amount to $2.2 million to settle the claims relating to the architects and the theater and sound consultants; that two other consultants to the architect are not part of the settlement process; that the City is not pursuing a claim against the heating and air conditioning contractor, TLC, since the company is voluntarily addressing difficulties at the VWPAH; that TLC has recenty been on the job site; that no reason exists at this time to pursue any claim against TLC; that the structural engineering firm of Jenkins and Charland, Inc. has recently participated in the mediation process but has not offered any sums in settlement of any claims the City may have; that the City is not settling any claims with Jenkins and Charland, Inc., at this time; however, the issue remains open. City Attorney Taylor stated further that the settlement with the architects will require releases sO the architects do not face any potential liability from other entities involved in the construction which places the focus back on Dooley & Mack Forristall; that Dooley & Mack Forristall is the prime contractor on the job and would be required to release Taliesin Architects and individual architects Puttnam and Ascoli as part of the City's settlement; that Dooley & Mack - Forristall has participated in the mediation process and originally made a claim against the City in the amount of $1.5 million; that Dooley & Mack - Forristall appears willing through the mediation process to settle for $1 million; that the Dooley & Mack Forristall claim reflects a claim by a subcontractor known as Electrical Machinery Enterprises, Inc. (EME); that EME is making a claim for the amount of extra time worked to meet the construction schedule; that the claim has been analyzed by legal and technical consultants hired by the City; that an analysis is also underway concerning a Dooley & Mack = Forristall claim which accompanies the claim made by EME; that a range of possible outcomes has been identified based upon the analysis and the advice received from the City's consultants in case of arbitration; that the low end would be $50,000 to $100,000; that the high end could be in the area of $650,000; that the recommendation to the Commission is to offer an amount of $650,000 to Dooley & Mack - Forristall in settlement of the claims of Dooley & Mack - Forristall and all of its subcontractors; that the City Attorney's Office will formally make the offer if the Commission authorizes the settlement. BOOK 54 Page 25700 06/16/03 2:30 P.M. BOOK 54 Page 25701 06/16/03 2:30 P.M. City Attorney Taylor stated that discussions took place earlier in the day with the attorney for Dooley & Mack = Forristall who indicated the settlement offer remains $1 million; that the belief is a formal settlement offer of $650,000 is in the spirit of an amicable resolution and avoids taking the matter to arbitration. Mayor Palmer stated that $50,000 was indicated as a low end cost and $650,000 as a high end cost if arbitration with Dooley & Mack -= Forristall is necessary; and asked for justification for the settlement offer of $650,000? City Attorney Taylor stated that the City's legal and technical consultants hired to evaluate the claim provided input indicating the range of $50,000 to $650,000; that Dooley & Mack Forristall would likely indicate the claim is for $1.5 million; that $1.5 million was the original demand figure; that the amount was reduced to $1 million through the mediation processi that Dooley & Mack Forristall could potentially recover $650,000 through arbitration; that the recommendation is to offer Dooley & Mack - Forristall $650,000 in the spirit of an amicable resolution. Mayor Palmer stated that no offer will be on the table if Dooley & Mack - Forristall declines the settlement offer of $650,000. City Attorney Taylor stated that Dooley & Mack - Forristall will likely make a counteroffer to the City's offer of $650,000; that arbitration would be required if the City does not accept a counteroffer from Dooley & Mack = Forristall. Commissioner Servian asked the amount of funds remaining after payment of internal and external attorney fees to perform repairs on the VWPAH if Dooley & Mack Forristall accepts the settlement offer of $650,000? City Attorney Taylor stated that approximately $175,000 remains from the amount allocated for attorney fees, which will be sufficient to proceed through arbitration if Dooley & Mack Forristall decides not to accept the settlement offer. Commissioner Servian stated that $800,000 was the amount originally allocated for attorney fees; and asked if approximately $650,000 to $750,000 has been expended thus far? City Attorney Taylor stated that the estimate is close; that a report can be prepared. Commissioner Servian stated that the belief is approximately $500,000 will be remaining. Mayor Palmer stated that the understanding is $900,000 will be the amount which remains. City Manager McNees stated that the amount is between $900,000 and $1 million; that the issue is the amount of funds which will be allocated back to the fund balance versus to the VWPAH; that some calculations based on the amount appropriated but not yet expended from the initial appropriation for the legal fees will be necessary before providing an exact amount. Commissioner Servian stated that knowing the exact amount remaining is important. City Attorney Taylor stated that the information will be provided; that $900,000 seems close to the amount which is anticipated to remain. Mayor Palmer stated that the Commission requests the exact information be provided. Vice Mayor Martin agreed; and stated that the range of amounts heard is confusing; that the Commission as well as the community should know the exact amount. City Manager McNees stated that Staff is not confused; that the amount of the original appropriation of legal fees not yet expended is not known at this time but will be provided; that the amount which remains for repairs to the VWPAH based on the terms of settlement will be calculated and provided. Commissioner Bilyeu asked if the allocated amount of $800,000 was for external counsel? Commissioner Servian stated yes. Vice Mayor Martin concurred. Commissioner Bilyeu stated that the understanding is $175,000 of the allocated amount remains. BOOK 54 Page 25702 06/16/03 2:30 P.M. BOOK 54 Page 25703 06/16/03 2:30 P.M. Vice Mayor Martin stated that is correct; that $625,000 has been expended for external counsel. City Attorney Taylor stated that the reason for not providing more explicit information at this time is due to the fact the City Attorney's Office is and has been conducting work relating to the VWPAH since the beginning of renovations; that the City Attorney's Office is billing the City for work relating to the VWPAH on a constant basis; that the City Attorney's Office was very active at the time the VWPAH work was finished and potential claims were being determined; that the point at which to begin the calculation to arrive at the amount remaining is not known at this time; that the information is a matter of record, is simple to find, and will be provided to the Commission. Commissioner Bilyeu stated that information, material, resources and research are provided any time the Commission will be setting policy or taking a vote at the table; that a request is to review the amounts which Dooley & Mack - Forristall believe the City owes as well as the information provided by the legal and technical consultants hired by the City; that the information is necessary to make an appropriate decision; that the information will be available if the matter goes to arbitration; that amounts ranging from $50,000 to $1.5 million have been heard; that having the information will provide the knowledge necessary to make an informed decision for the taxpayers. Mayor Palmer stated that remaining dollars once determined will be applied to correct the existing problems at the VWPAH. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to authorize the City Attorney to settle with Taliesin Architects and individual architects Anthony Puttnam and Jean Ascoli for $1.6 million, with Schuler and Shook, Inc. for $400,000, with the Talaske Group, Inc., for $200,000 for a total of $2.2 million as well as to offer Dooley & Mack Forristall $650,000 in settlement of claims made against the City on its behalf and on behalf of all its subcontractors. Motion carried: (4 to 1): Atkins, yes; Bilyeu, no; Martin, yes; Servian, yes; Palmer, yes. 11. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) CD 3:51 There was no one signed up to speak. The Commission recessed at 3:55 p.m. and reconvened at 6:00 p.m. 12. SCHEDULED PRESENTATION RE: THE MAIN STREET MERCHANTS ASSOCIATION OF SARASOTA, FLORIDA (AGENDA ITEM IX-1) CD 6:00 through 6:07 Ernest Ritz, President, and Cathryn Girard, Vice President, Main Street Merchants Association of Sarasota, Inc. (Association), came before the Commission. Mr. Ritz stated that the Association is comprised of merchants on Main Street extending from US 41 to the Hollywood 20 Theatre complex at US 301; that after six months, the Association is 91 members strong; that the presentation is to introduce the Association formally and inform the City of the willingness to cooperate with the City concerning future events to make Main Street one of the premier shopping, dining, and entertainment districts in the City. Ms. Girard stated that the singular mission of the Association is the ascendancy of Main Street; that the Association was formed in December 2002 and is a not-for-profit corporation registered in Florida; that membership has grown monthly and continues to grow; that another surge in growth is expected as the Association will become a membership organization of not only merchants but also property owners on Main Street; that member enthusiasm has been good; that almost every type of business existing on Main Street is represented in the membership, which is pleasing; that many opportunities in terms of events and other * activities will be presented with such diverse membership; that the Association has members on every block of Main Street from the 1300 to the 1900 block, with the exception of the 1800 block; that an effort is being made to attract members in the 1800 block; that the perception of Main Street is of a barbell with activity at each end but quiet regarding retail or businesses generating walking traffic on Main Street; that the attempt is to unify all of Main Street; BOOK 54 Page 25704 06/16/03 2:30 P.M. BOOK 54 Page 25705 06/16/03 2:30 P.M. that the outreach made to all the blocks is pleasing; and the response has been gratifying; that the efforts of Commissioner Servian in support of the Association are appreciated. Ms. Girard stated that the Association has been aggressively engaged in activities during the past several months; that the Association applied for two City grants, both of which were awarded; that a successful movie screening on Lemon Avenue was held; that the feedback regarding the screening was gratifying; that similar events are planned; that a fashion show was held outdoors on Main Street and the cooperative spirit of the participating merchants was pleasing; that a significant number of merchants participated in the fashion show, which included a trunk show and raffles; that also in the spirit of cooperation, the Association is conducting a Destination Main Street advertising campaign on television; that no store receives individual mention; that 170 commercials per month run on various Comcast channels; that 55 merchants on Main Street are contributing to the advertising campaign; that the hope is to build on the spirit of working together and submerging individual identities for the benefit of Main Street; that goals for the future include reinstituting the storefront assistance program; that the spirit embodied in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) requires more than clean-up, paint-up, and fix-up; that Main Street must be dressed up to keep pace with the new building projects; that the hope is to apply for Main Street designation under the Florida Main Street Program in 2004; that much good can be brought to the Main Street district with the Main Street designation; that the coordinator of the Florida Main Street Program will visit the City in August 2003 for an open meeting for government, civic organizations, the Association, and interested persons; that the Main Street Program has been instituted in many cities not only in Florida but also throughout the Country which is the reason the program is strongly supported; that the hope is Main Street in the City of Sarasota will become the busiest and most powerful tourist destination for all year- round residents to shop and dine as significant additional potential exists. Mayor Palmer stated that in the short time of the Association's existence, the activities of the Association are extraordinary; that the Association's efforts are appreciated; that the Commission will continue to work with the Association's projects. Commissioner Servian stated that the Association's commercials are good. Mayor Palmer agreed; and thanked the Association for the presentation. 13. SCHEDULED PRESENTATION RE: RESULTS OF THE POINT-IN-TIME HOMELESS COUNT SURVEY (AGENDA ITEM IX-2) CD 6:07 through 6:21 Colleen Reardon, Vice President, and Sandy Baar, Executive Director, Sarasota County Coalition for the Homeless (Coalition), came before the Commission. Ms. Baar stated that the 2003 Point-in-Time Survey is different than past surveys; that in 2003, the State Office of Homelessness directed completion of a specific Point-in-Time Survey in February 2003; that documenting the homeless in a one- day period on a one-page form is difficult; that a five-page form was required for the year 2003; that 475 forms were completed in a two-day period, accounting for 722 homeless persons; that conducting the survey was difficult; therefore incentives were provided to attract participants; that efforts were made to enter the so-called camps as well as to survey the labor pools and areas not considered previously; that South County participated in the survey for the first time; that 165 surveys were received from South County which accounted for over 200 people; that homeless individuals exist in South County; that 69 percent of the homeless are males and 31 percent are females in Sarasota County; that over 25 percent of the homeless are children under the age of 18; that a significant growing number of families consisting of single mothers with children exists in the homeless arena; that capturing complete data is difficult as locating many of the homeless is a problem; that the statistics would be significantly higher if two weeks to collect the data were available; that two areas in collecting data require improvement; that the first area is the children's count; that further interface with the School Board of Sarasota County (School Board), which reports different numbers of homeless children than the Coalition, is required; that understanding the School Board's determination of a homeless child is required; that a child who receives free lunches is not necessarily homeless; that understanding the income levels used by the School Board is required; that the second area concerns BOOK 54 Page 25706 06/16/03 2:30 P.M. BOOK 54 Page 25707 06/16/03 2:30 P.M. the largest sub-population growth in Sarasota County in 2002/03, which is the latino-Hispanic population; that, unfortunately, counting the Latino-Hispanic population is difficult; that labor pools were visited with interpreters at 4:00 a.m. in an attempt to obtain a count; that often the Coalition was perceived as authority sO individuals would refuse to participate; that the attempt is to work with advocacy groups for the Hispanic-Latino population to improve the statistical count. Ms. Baar continued that one perception is the homeless are attracted as Sarasota is such a good place to live; however, the perception is not true; that 94 percent of those surveyed were born or have family in Sarasota; that a significant number of homeless have lived in Sarasota for five years or more; that 56 percent grew up or have family or friends in Sarasota; that the average income of the homeless surveyed is approximately $600 per month; that attainable or affordable housing cannot be attained with an income of $600 per month; that the goal of the Coalition and other service providers is to keep people within their sustainable residences; that statistics indicate returning an individual to a new residence costs twice as much if the original residence is vacated; that maintaining individuals in the current situation is required; that 70 percent of the surveyed individuals indicated living in Sarasota is not affordable; that 95 percent have drug, mental health, or medical problems which is a serious concern; that a significant issue is lack of transportation; that a significant number of the homeless work swing shifts, i.e., from 12:00 midnight to 7:00 a.m.; that the perception the homeless do not work is incorrect; that 70 per rcent of the homeless work; that getting to work at 12:00 midnight is difficult due to transportation issues; that the prioritization of services for the homeless and determining the community's needs is necessary. Ms. Baar further stated that the City's recognition of the Coalition as a central interface is appreciated; that financial sustainability is a goal in 2003 and 2004; that the State has cut funding by 45 percent for the Coalition and 28 coalitions in Florida funding, forcing the coalitions to look for other sources of funding; that the Coalition applied for funding through the County's Grants-In-Aid Program and a private foundation which is allowing the Coalition to bid again in September 2003; that funding is required to continue the programs and analyses required for the Coalition to do a better job and to assist the Commission; that the speakers' bureau is a concern as mixed messages are sent out concerning the definition and population of the homeless in Sarasota Countyi that a speaker indicated 1,200 homeless exist Sarasota Countyi however, the Coalition could not defend the number as the Coalition's statistics do not indicate an accurate number; that developing a consistent message is required; that the participation of City Manager McNees on the Coalition Board is appreciated; that the Coalition continually diversifies the Board; that the attempt is to attract community leaders to the Coalition to assist in decision-making to assist in progress of the community; that she serves on the State Board for the Homeless Coalition; that Board is developing benchmarks for statistical reporting by communities throughout the State; that Mayor Palmer's recent letter to Mel Martinez, Secretary, US Department of Housing and Urban Development (HUD), is appreciated; that Sarasota could be a model for the State; that the Coalition is progressing with the Homeless Management Information System (HMIS) which is an important, positive step for the community and the service providers, eliminating duplication of services; that funding has quickly become extremely tight; that the HMIS will provide tracking, eliminating the possibility of double or triple payments; that the service providers are on line and prepared to implement the HMIS process; that the Coalition is prepared to collaborate and cooperate, not only with the service providers but also with the community at large to create a lasting difference for the people of the community. Mayor Palmer stated that the Coalition's report is appreciated. Vice Mayor Martin stated that while serving on the committee which developed the Sarasota Consortium 2000 - 2005 Consolidated Plan (Year 2000 Consolidated Plan) and allocating the State and Federal funds for meeting special housing needs, the number of homeless was 1,299; that the homeless count is up to 1,826; that the higher count may indicate improved efforts in counting the homeless; that undercounting is a concern as the number is tied to funding; that an accurate count is a good step forward; and asked if the perception of the higher count is an accurate count as opposed to the result of a growing population? Ms. Baar stated that twice as many agencies participated in the 2003 Point-In-Time Survey than previously; that a large effort was expended in South County to identify the homeless; that significant time is spent in South County, which is making a large push to develop transitional living facilities; that the BOOK 54 Page 25708 06/16/03 2:30 P.M. BOOK 54 Page 25709 06/16/03 2:30 P.M. Coalition is working with the Office of Housing and Community Development; that significant collaborative efforts are in place to attempt to meet the needs of the community; that every answer in the Point-In-Time survey data resulted in statistical viability for the first time; that stopgaps are incorporated in the HMIS system to avoid duplication of data. Vice Mayor Martin asked the dollar amount of the 45 percent cut in funding? Ms. Baar stated that the cut is approximately $17,000; that two funding pools exist, one is the funding for coalitions and one is the County's Grant-In-Aid Program which has not been cut by the State. Commissioner Servian stated that recurring grant funds were reallocated; however, individual requests were not reallocated. Ms. Baar stated that 2003 is a bad year for budgeting. Vice Mayor Martin distributed a July 13, 2003, newspaper article from the Bradenton Herald Tribune concerning the HMIS in Manatee County; stated that the article explains the HMIS accurately and concisely; that a leadership counsel is overseeing the budgeting effort; and continued that funds for a startup year and through September 2004 are available; that various foundations and governmental entities provided grant funds to the Coalition as requested; that the availability of grant money from Sarasota County is unknown; that a key to service to the homeless is the support of all the foundations and the governmental entities, which is key to resolving the puzzle of the homeless. Ms. Baar stated that the HMIS system selected is used in a significant number of major cities in Florida; that progressing to a true social service system will link service providers Statewide which will be good in deliverance and non-duplication of services. Commissioner Servian stated that having one system working throughout the State makes sense; that knowledge of individuals moving from area to area cannot exist if no interface exists. Mayor Palmer thanked City Manager McNees for working with the Coalition; and stated that the City was asked if a Staff member could serve on the Coalition at the time the Coalition was formed; that City Manager McNees volunteered to serve; that the homeless situation is a. problem which everyone must address; that the letter to HUD Secretary Martinez included a request as during a visit to Sarasota HUD Secretary Martinez indicated the attempt is to eliminate homelessness within a specified period of time; that a request was made to HUD Secretary Martinez for Sarasota to be one of the pilot projects with Federal funding to assist with the situation in Sarasota; that a response was not received; that the City will continue to pursue a response. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan 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. Deputy City Auditor and Clerk McGowan stated that the public hearings are both non-quasi-judicial and quasi-judicial in nature; the time limit for the non quasi-judicial public hearings will be five minutes; that speakers will be timed and will be advised when one minute remains; that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form 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. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 03R-1625, 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; CHANGING THE PROJECT TITLE FOR PURCHASE OF THE KOLAR AUTOHAUS PROPERTY TO BUILD A PARK BOOK 54 Page 25710 06/16/03 2:30 P.M. BOOK 54 Page 25711 06/16/03 2:30 P.M. TO SEMINOLE DRIVE PEDESTRIAN THOROUGHFARE AND LINEAR PARK; ETC. - ADOPTED (TITLE ONLY) (AGENDA ITEM X-A-1) CD 6:23 through 6:30 Mayor Palmer opened the public hearing. Gibson Mitchell, Director of Finance, came before the Commission and stated that the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax, was passed by the voters on November 4, 1997, and was to fund projects listed on an Infrastructure Sales Surtax Ten-Year Extension Project List (Project List), including Project No. 38, to purchase the Kolar Autohaus Property and build a park; that the purchase of the property was for a pocket park near the entrance to the Mcclellan Park neighborhood; that the project was scheduled to commence the first year of the 10 year L.O.S.T. extension; that the property is no longer for sale; that proposed Resolution No. 03R-1625 changes Project No. 38 to purchase the Kolar Autohaus to a new Project No. 38 to develop a Seminole Drive pedestrian thoroughfare and linear park; that Seminole Drive at the intersection of Hyde Park Street and Osprey Avenue is an entrance to the McClellan Park neighborhood; that Seminole Drive between Osprey Avenue and Mietaw Drive/Oval Drive will be closed to vehicular traffic and the right-of-way converted to a pedestrian thoroughfare and recreational trail with landscaping, benches, and trash receptacles; that the City is required to hold a public hearing on any proposal amending the original Project List. Vice Mayor Martin stated that approximately one year ago, residents of the McClellan Park neighborhood were involved in the process of creating a park; that the residents realize the Kolar Autohaus property is no longer available; that Project No. 38 is an opportunity to realize a greenspace in the community; that the residents are in agreement with the change in Project No. 38 to develop a Seminole Drive pedestrian thoroughfare and linear park; that the residents requested the change. Mr. Mitchell stated that residents in the McClellan Park neighborhood strongly support the project. City Auditor and Clerk Robinson stated that the entire McClellan Park neighborhood was notified by mail of the public hearing. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1625 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 03R-1625. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0):; Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 15. NON QUASI-JUDICIAL SECOND PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4471, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, DIVISION 2, DEFINITIONS SEC. II-201, DEFINITIONS RELATING TO THE DEFINITIONS OF: "BUILDING COVERAGE", : "PRIMARY PURPOSE" i VEHICLE TYPES: "ADVERTISING VEHICLE" "BUS" "FOR-HIRE VEHICLE" AND "SIGHTSEEING VEHICLE" : "MEDICAL OR DENTAL, OFFICE OR CLINIC" AMENDING ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES; DIVISION 6, VARIANCES SEC. IV-602, APPLICATION REQUIREMENTS PERTAINING TO THE PROCESSING OF VARIANCE APPLICATIONS AMENDING ARTICLE V, VESTED RIGHTS AND NON - CONFORMITIESI DIVISION 1, VESTED RIGHTS AND NON - CONFORMITIES: TO DELETE SEC. V-102, VESTED RIGHTS FOR LAWFUL EXISTING USES AND STRUCTURES, SUBPARAGRAPH C, SARASOTA MEMORIAL HOSPITAL DEVELOPMENT WITHIN THE SARASOTA MEMORIAL HOSPITAL CORE AREA; AND AMENDING SEC. V-105, NON- CONFORMING STRUCTURES, SUBPARAGRAPH C, EXPANSION OF NON- CONFORMING STRUCTURES AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 2, OFF-STREET PARKING AND LOADING; TO ADD A NEW SEC. VII-215, ADVERTISING VEHICLES- OFF-SITE PARKING PROHIBITED IN ALL ZONE DISTRICTS: REPEALING ORDINANCES IN CONFLICT: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM X-A-2) AND BOOK 54 Page 25712 06/16/03 2:30 P.M. BOOK 54 Page 25713 06/16/03 2:30 P.M. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4472, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING THE FOLLOWING TO CLARIFY AND CONSOLIDATE STANDARDS FOR OUTDOOR WORK AND STORAGE ACTIVITIES IN ALL COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONE DISTRICTS: ARTICLE VI, ZONE DISTRICTS; DIVISION 5, COMMERCIAL ZONE DISTRICTS; SEC. VI- 503, TABLES VI-503 AND VI-503,A; DIVISION 6, PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS; SEC. VI-603, L, DEVELOPMENT STANDARDS AND TABLE VI-603; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS, SEC. VI-703, K, DEVELOPMENT STANDARDS, AND TABLE VI-703; DELETING THE FOLLOWING SECTIONS AS BEING SUPERSEDED BY THE ABOVE: ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 6, ADDITIONAL USE AND DEVELOPMENT STANDARDS; SEC. VII-601, PURPOSE I AND K; SECTION VII-602, SPECIFIC USE STANDARDS FOR CERTAIN USES, I AND K; AND DELETING DIVISION 9, ACCESSORY STRUCTURE AND USES; SEC. VII-904, N, NON- RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES; AMENDING THE FOLLOWING SECTIONS TO ALLOW COMMERCIAL RECREATION USES IN THE G, C-CBD AND MP ZONE DISTRICTS: ARTICLE VI, ZONE DISTRICTS; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS; SEC. VI-702, PRIMARY USES; TABLE VI-701, PRIMARY USES ALLOWED IN THE SPECIAL PURPOSE ZONES; DIVISION 8, OPEN SPACE RECREATION AND CONSERVATION ZONE DISTRICTS; SEC. VI-802, PRIMARY USES; AND TABLE VI-801, PRIMARY USES ALLOWED IN THE OPEN SPACE RECREATION AND CONSERVATION ZONES; ARTICLE VI, ZONE DISTRICTS; DIVISION 9, SPECIAL PUBLIC INTEREST OVERLAY DISTRICTS; SEC. VI-905, FRUITVILLE GATEWAY CORRIDOR OVERLAY DISTRICT; F, DEVELOPMENT STANDARDS, IS AMENDED TO ALLOW MODULAR AND PRE-FABRICATED BUILDINGS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 3, TRANSITIONAL BUFFERS, LANDSCAPING AND VEGETATION; TABLE VII-301, BUFFER TYPE REQUIRED BY IMPACT CATEGORY AND LAND USE; IS AMENDED TO REVISE ZONE DISTRICT TERMINOLOGYI ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 6, USE STANDARDS; SEC. VII-602, SPECIFIC STANDARDS FOR CERTAIN USES; EE.. TEMPORARY USES AND ACTIVITIES; IS AMENDED TO ALLOW TEMPORARY AUTOMOBILE SALES BY TEMPORARY COMMERCIAL ACTIVITY PERMIT AT THE SARASOTA COUNTY FAIRGROUNDS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 6, USE STANDARDS; SEC. VII-602, SPECIFIC STANDARDS FOR CERTAIN USES; V, SIDEWALK CAFES; IS AMENDED REGARDING LIABILITY INSURANCE; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) = ADOPTED AND NON QUASI-JUDICIAL PUBLIC HEARING RE; PROPOSED ORDINANCE NO. 03-4473, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 9, ACCESSORY STRUCTURES AND USES; SEC. VII-904, NON- RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES K; TO ALLOW DRIVE-THROUGH FACILITIES BY MAJOR CONDITIONAL USE IN THE C- CBD ZONE DISTRICT; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 11, FENCES; SEC. VII-1101, FENCES AND WALLS; C; IS AMENDED TO REVISE STANDARDS FOR FENCES; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY DIVISION 14, MISCELLANEOUS STANDARDS; SEC. VII-1401, REFUSE AND RECYCLING STORAGE AREAS; IS AMENDED TO SPECIFY STANDARDS FOR REFUSE CONTAINER STORAGE AREAS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITYI DIVISION 14, MISCELLANEOUS STANDARDS; SEC. VII-1402, NON-1 RESIDENTIAL SITE LIGHTING; IS AMENDED TO ADOPT NEW LIGHTING STANDARDSI ARTICLE VI, ZONE DISTRICTS; DIVISION 1, GENERAL; SEC. VI- 102, ZONE DISTRICT MAP AND GENERAL REGULATIONS SUBPARAGRAPH M, CORNER ZONING LOTS IN THE RSM-9 ZONE DISTRICT: REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 03-ZTA-03, CITY OF SARASOTA) ADOPTED CD 6:30 through 6:40 Mayor Palmer opened the public hearing. Michael Taylor, Deputy Director of Planning, came before the Commission and stated that the Planning Board/Local Planning Agency (PBLP) held a public hearing on March 5, 2003, concerning 19 zoning text amendments; that 17 of the zoning text amendments BOOK 54 Page 25714 06/16/03 2:30 P.M. BOOK 54 Page 25715 06/16/03 2:30 P.M. are incorporated in proposed Ordinance Nos. 03-4471, 03-4472, and 03-4473; that a public hearing concerning proposed Ordinance Nos. 03-4471, 03-4472, and 03-4473 was held at the May 19, 2003, Regular Commission meeting, at which time the proposed Ordinances were passed on first reading with certain changes; that proposed Ordinance No. 03-4471 relates to Item Nos. 1 through 6 of the proposed zoning text amendments; that the Commission directed a change at the May 19, 2003, Regular Commission meeting concerning expansion of non-conforming structures both horizontally and vertically; that at the Commission's direction, the proposed zoning text amendment was revised to allow horizontal expansion only; that proposed Ordinance No. 03-4472 relates to Items 8 through 13 of the proposed zoning text amendments; that the change concerns the allowance for automobile sales at the Fairgrounds; that initially the proposed Ordinance limited sales to new cars; that the proposed Ordinance was revised to allow the sale of new and used cars at the direction of the Commission; that proposed Ordinance No. 03-4473 concerns Items 14 and 16 through 19 and contains no changes. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4471 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt proposed Ordinance No. 03-4471 on second reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Martin, yes; Palmer, yes; Servian, yes; Atkins, no; Bilyeu, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4472 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to adopt proposed Ordinance No. 03-4472 on second reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1) : Servian, yes Atkins, no; Bilyeu, yesi Martin, yes; Palmer, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4473 by title only. On motion of Commissioner Servian and second of Commissioner Bilyeu, it was moved to adopt proposed Ordinance No. 03-4473 on second reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Servian, yes Atkins, no; Bilyeu, yesi Martin, yes; Palmer, yes. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4475, TO VACATE THE NORTHERLY 175 FEET OF THAT CERTAIN PLATTED 10 FOOT WIDE EASEMENT BETWEEN ORCHID STREET AND SIESTA DRIVE, EAST OF HONEYSUCKLE DRIVE BEING THE EAST 10 FEET OF LOTS 1 AND 2 BLOCK E, HARTLAND PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (APPLICATION NO. 03-SV-04, APPLICANT CHARLES D. BAILEY, III OF ICARD, MERRILL ET AL. AS AGENT REPRESENTING SUN SIESTA, L.L.C.) PASSED ON FIRST READING (AGENDA ITEM X-A-3) CD 6:40 through 6:45 Mayor Palmer stated that proposed Ordinance No. 03-4475 is to approve Street Vacation Application No. 03-SV-04 to vacate the northerly 175 feet of a platted 10 foot wide easement between Orchid Street and Siesta Drive, east of Honeysuckle Drive; and opened the public hearing. Charles Bailey, III, law firm of Icard, Merrill, et al., as agent representing Sun Siesta, L.L.C., came before the Commission and stated that Sun Siesta entered a contract to purchase property located at 3400 South Tamiami Trail in the northwest quadrant of the intersection of US 41 and Siesta Drive; that the property contains an office building which houses a SunTrust Bank branch; that the title commitment showed the building was constructed on a 10-foot easement which was platted in 1950; that a use for the easement was not specified; that the easement is not used for drainage, utilities, or access, which has been confirmed by a privately-hired engineer and the City; that the easement must be vacated to cure a defect on the title of the property located at 3400 South Tamiami Trail; that the Development Review Committee (DRC) had no comments or questions and the PBLP unanimously recommended approval. BOOK 54 Page 25716 06/16/03 2:30 P.M. BOOK 54 Page 25717 06/16/03 2:30 P.M. Harvey Hoglund, Senior Planner, Planning Department, came before the Commission and stated that the section of the Zoning Code (2002 Ed.) relating to street vacations typically addresses public rights-of-way having active public use and requires Staff review of applications; that Staff found no public purpose for the easement; that the reason the easement was platted is not known; that no reason exists not to vacate the easement; that Staff recommends adoption of proposed Ordinance No. 03-4475. There was no one signed up to speak and Mayor Palmer closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4475 by title only. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 03-4475 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Palmer, yes; Servian, yes. Mayor Palmer 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 Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; however, no one has filed for certification as an Affected Person; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. 17. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 03R-1620, APPROVING MAJOR CONDITIONAL USE APPLICATION NO. 03-CU-01 TO ALLOW THE EXPANSION OF AN EXISTING COMMUNITY SERVICE FACILITY COMPRISED OF SHORT TERM HOUSING OPERATED BY THE YMCA, A/K/A THE YMCA KALISH HOUSE, BY THE ADDITION OF FOUR (4) BEDS; SAID PROPERTY BEING LOCATED IN THE MEDICAL CHARITABLE INSTITUTIONAL (MCI) ZONE DISTRICT AT 2195 FIRST STREET (A/K/A 41 NORTH SCHOOL AVENUE) AT THE NORTHEAST CORNER OF FRUITVILLE ROAD AND AUDUBON PLACE; REQUIRING THE SHORT TERM HOUSING FACILITY TO BE CONSTRUCTED IN ACCORDANCE WITH APPROVED SITE PLAN APPLICATION NO. 03- SP-15; SETTING FORTH CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM X-B-1) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4477, TO AMEND ORDINANCE NO. 96-3937 WHICH CONDITIONALLY REZONED PROPERTY LOCATED AT 2195 FIRST STREET (A/K/A 41 NORTH SCHOOL AVENUE) TO THE MEDICAL CHARITABLE INSTITUTIONAL (MCI) ZONE DISTRICT (A/K/A THE YMCA); SAID AMENDMENT CONSISTS OF THE SUBSTITUTION OF SITE PLAN APPLICATION NO. 03-SP-15 FOR PREVIOUSLY APPROVED SITE PLAN APPLICATION NO. 96-PSD-H TO ENABLE THE EXPANSION OF THE EXISTING SHORT TERM HOUSING FACILITY TO ACCOMMODATE FOUR (4) ADDITIONAL BEDS AS PART OF THE YMCA KALISH HOUSE, AS DETAILED IN SITE PLAN APPLICATION NO. 03-SP-15; APPROVING THE SUBSTITUTED SITE PLAN APPLICATION NO. 03-SP-15; PROVIDING FOR CONDITIONS; REPEALING ORDINANCES IN CONFLICT: ETC. (TITLE ONLY) (APPLICATION NOS. 03-CU-01, 03-ROA-01, AND 03-SP-15, APPLICANT MORGAN R. BENTLEY AS AGENT REPRESENTING SARASOTA FAMILY YMCA AS OWNER) - PASSED ON FIRST READING CD 6:45 through 6:50 Mayor Palmer stated that Major Conditional Use Application No. 03-CU-01 as incorporated in proposed Resolution No. 03R-1620 is to allow expansion of the Kalish House, an existing community service facility operated by the YMCA; that Proposed Ordinance No. 03-4477 is to amend previously adopted Ordinance No. 96-3937 which conditionally rezoned property located at 2195 First Street to the Medical Charitable Institutional (MCI) Zone District by substituting Site Plan Application No. 03-SP-15 for previously approved Site Plan Application No. 96-PSD-H. City Attorney Taylor stated that the recommendation is to allow seven minutes for the Applicant's presentation and five minutes for rebuttal; that the City will have seven minutes for presentation and five minutes for rebuttal; that other interested persons will have three minutes to speak; that BOOK 54 Page 25718 06/16/03 2:30 P.M. BOOK 54 Page 25719 06/16/03 2:30 P.M. speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Palmer stated that hearing no objections, the recommended timelimits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. Mayor Palmer opened the public hearing and requested that the Applicant come forward. Morgan Bentley, law firm of Williams, Parker, Harrison, Dietz, and Getzen, representing the Sarasota Family YMCA, and Carl Weinrich, President and Chief Executive Officer, the Sarasota Family YMCA, came before the Commission. Attorney Bentley referred to a Site Plan of the Kalish House displayed on the Chamber monitors; and stated that the Application is a Major Conditional Use Application with accompanying Site Plan to amend previously adopted Ordinance 96-3937; that the proposed addition to the Kalish House consists of 800 square feet to house four beds; that a 250 square foot office space is on the west side of the property; that a ramp for the handicapped will be added; that no parking, traffic, or lines of sight issues exist; that First Street has been vacated for use by the YMCA for parking; therefore, parking is not an issue; that the Application complies with the requirements of the Fruitville Gateway Corridor Overlay District of the Zoning Code (2002 Ed.); that the Kalish House is a home for teenagers and has been well received in the community for a number of years; that continued support is desired; that the Planning Board/Local Planning Agency (PBLP) recommended Commission approval of proposed Rezone Ordinance Amendment Application No. 03-ROA-01, Conditional Use Application No. 03-CU-01 and Site Plan Application No. 03-SP-15 at the May 14, 2003, PBLP meeting. Mayor Palmer requested that Staff come forward for the City's presentation. Allen Parsons, Senior Planner II, Planning Department, came before the Commission and. stated that Ordinance No. 96-3937 rezoned the property from the Commercial Neighborhood (CN) to the Medical Charitable Institutional (MCI) Zone District; that at its May 14, 2003, Regular meeting, the PBLP held a public hearing and voted unanimously to find Conditional Use Application No. 03-CU-01 as incorporated in proposed Resolution No. 03R-1620 and Rezone Ordinance Amendment Application No. 03- ROA-01 and Site Plan Application No. 03-SP-15 as incorporated in proposed Ordinance No. 03-4477 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 edition (City's Comprehensive Plan), and the Tree Protection Ordinance, and satisfies the standards for review set forth in the Zoning Code (2002 Ed.), and recommended Commission approval, with a condition concerning Conditional Use Application No. 03- CU-01 as follows: The development of the property shall proceed only in conformity with the plan filed with Application 03-SP-15 Idate-stamped April 29, 2003].. Mr. Parsons stated that Staff recommends adoption of proposed Resolution No. 03R-1620 and proposed Ordinance No. 03-4477. Vice Mayor Martin asked if the YMCA's being exempt from the Fruitville Gateway Corridor Overlay District renders compliance? Mr. Parsons said yes; that the Fruitville Gateway Overlay Corridor Overlay District includes aesthetic goals regarding signage, building materials, etc.; that the proposed addition would not take the YMCA out of compliance with the Fruitville Gateway Corridor Overlay District. Mayor Palmer stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; and requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 03R-1620 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt proposed Resolution No. 03R-1620. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4477 by title only. BOOK 54 Page 25720 06/16/03 2:30 P.M. BOOK 54 Page 25721 06/16/03 2:30 P.M. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to pass proposed Ordinance No. 03-4477 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. 18. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4478, TO REZONE PROPERTY LOCATED AT 2635 FRUITVILLE ROAD PRESENTLY KNOWN AS THE ELKS LODGE, FROM THE MEDICAL CHARITABLE INSTITUTIONAL (MCI) ZONE DISTRICT TO THE OFFICE REGIONAL DISTRICT (ORD) ZONE DISTRICT TO ALLOW A *16,470 SQ. FT. OFFICE BUILDING PROPOSED TO BE LOCATED ON THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY, A/K/A THE COMMUNITY FOUNDATION OF SARASOTA COUNTY; APPROVING SITE PLAN APPLICATION NO. 03-SP-07 WHICH HAS BEEN PROFFERED AS A CONDITION OF THE REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING, INCLUDING THE REQUIREMENT OF THE FUTURE DEVELOPMENT OF THE BALANCE OF THE SUBJECT PROPERTY BE REQUIRED TO UNDERGO SITE PLAN REVIEW AT SUCH TIME AS A SPECIFIC DEVELOPMENT IS PROPOSED; ETC. (TITLE ONLY) (APPLICATION NOS. 03-RE-02 AND 03-SP-07, APPLICANT E. RALPH TIRABASSI, ESQ., AS AGENT REPRESENTING CFSC ASSET COMPANY LLC, AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM X-B-2) CD 6:50 through 7:00 Mayor Palmer stated that proposed Ordinance No. 03-4478 is to rezone property located at 2635 Fruitville Road presently known as the Elks Lodge from the Medical Charitable Institutional (MCI) to the Office Regional District (ORD) Zone District and to approve Site Plan Application No. 03-SP-07 which has been proffered as a condition of the rezoning. Mayor Palmer requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated that no ex parte communications have occurred. City Attorney Taylor stated that the recommendation is to allow five minutes for the Applicant's and the City's presentation and five minutes for rebuttal. Mayor Palmer stated that hearing no objections, the timelimits are approved; opened the public hearing; and requested that the Applicant come forward. Donald Lawson, AIA, Lawson Group, Inc., representing CFCS Asset Company, LLC, came before the Commission and stated that the Lawson Group has been working with Staff concerning the property referenced as the Elks property at 2635 Fruitville Road for approximately one year; that working with Staff has been a good effort; that a significant number of issues have been overcome to design a building representing the image the Community Foundation desires to portray to the community; that the Community Foundation is an excellent not-for-profit organization; that working with the Community Foundation is an honor; that all the City's requirements and requested changes have been met; that continued work with Sarasota County exists regarding utility improvements west of the property along the Euclid Avenue right-of-way; that cooperation with Sarasota County will continue to address flooding issues north of the property. Mayor Palmer requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner, Planning Department, came before the Commission and stated that the request is a rezoning to comply with the Future Land Use Mapi that the site is designated Community Office/Institutional Future Land Use Classification; that the Applicant and Staff agreed to rezone the property to the Office Regional District (ORD) Zone District allowing completion of the project superior to the requirements of the existing Medical Charitable Institutional (MCI) Zone District; that the original Site Plan was presented as a two-phase project and included a building for the Community Foundation in the southwest corner of the property and a general outline of the location of a proposed two-story, 41,200 square foot building in the northeast corner; that a separate Site Plan review will be conducted for the second building; that notice will be given to the neighborhood regarding the second building; that at the May 14, 2003, meeting the Planning Board/Local Planning Agency found Rezone Application No. 03-RE-02 and Site Plan Application No. 03-SP-07 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the Tree BOOK 54 Page 25722 06/16/03 2:30 P.M. BOOK 54 Page 25'723 06/16/03 2:30 P.M. Protection Ordinance and satisfies the standards for review of the Zoning Code (2002 Ed.), and recommended Commission approval of the rezoning and proffered Site Plan for Phase I subject to the following conditions: 1. the site plan and all related development and construction plans for the proposed building shall be in compliance with those labeled The Community Foundation of Sarasota County received by the Planning Department on April 11, 2002. 2. Prior to issuance of a building permit, the Applicant shall: a) Produce an approved Florida Department of Transportation driveway permit for the entrance onto Fruitville Road; b) Submit a Transportation Demand Management Plan and/or Transportation Systems Management Plan for approval by the City Engineer; c) Commit to participating with the City of Sarasota Transportation Management Organization (TMO); and d) Work with Sarasota County Area Transit (SCAT) to determine the location of a bus stop. 3. The floor area of the Phase II building shall not exceed 42,000 square feet. Approval of the Phase II site plan shall be subject to all procedures and review standards specified by [the Zoning Code (2002 Ed.)1, and installation of a pedestrian connection between the two buildings. Mr. Hoglund stated that the project will improve the appearance of the entrance to the City on Fruitville Road; that Staff recommends adoption of proposed Ordinance No. 03-4478. Mayor Palmer 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 any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 03-4478 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 03-4478 on first reading. Mayor Palmer requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yesi Servian, yes; Atkins, yes; Bilyeu, yesi Martin, yes. 19. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XI) CD 7:00 There was no one signed up to speak. The Commission recessed at 7:00 p.m. and reconvened at 7:07 p.m. 20. NEW BUSINESS: DISCUSSION RE: : CHALLENGE TO COMPREHENSIVE PLAN AMENDMENT 01-PA-02 RELATIVE TO THE DOWNTOWN MASTER PLAN 2020 (AGENDA ITEM XIII-1) CD 7:07 through 7:40 Mayor Palmer stated that the item concerns the status of a challenge to the amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 edition (City's Comprehensive Plan), (Amendment) based on the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) and was placed on the Agenda by Commissioner Bilyeu. Commissioner Bilyeu stated that the issue has previously been discussed by the Commission; that the City Attorney's Office has been requested to provide an update of the status of the challenge. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that a challenge to the Amendment was brought by Ms. Diana Hamilton; that the challenge is the second and most recent challenge to the Amendment; that a hearing is scheduled for July 23 and 24, 2003, before an Administrative Law Judge (ALJ) of the Division of Administrative Hearings; that the parties to the proceeding are Diana Hamilton, as the Petitioner, and the City and the State Department of Community Affairs (DCA), as the Respondents; that the DCA made the finding the language in BOOK 54 Page 25724 06/16/03 2:30 P.M. BOOK 54 Page 25725 06/16/03 2:30 P.M. the Amendment approved by the Commission in January 2003 settling a previous challenge was in compliance with the State Statutes and with the DCA's administrative rules; that the City and the DCA filed a joint motion to dismiss the petition which challenges the Amendment; that the basis of the motion was the current challenge should only have been allowed to address the language in the Amendment approved by the Commission to resolve the previous challenge, i.e., the second challenge had to adhere to the issues concerning resolution of the first challenge; however, the motion was denied; that the ALJ likely considered the time too early to rule on the petition and allowed the petitioner to make the case before the ALJ and make a determination if the City chose to renew the motion to dismiss; that the motion was denied without prejudice, allowing the City to renew the motion to dismiss at the hearing; however, the necessity to prepare for the hearing is not eliminated; that the hope was the petition challenging the Amendment could be dismissed prior to the hearing; that the City has the opportunity to raise and renew the motion to dismiss; that the matter could be completed by July 23 or 24, 2003; that the best case scenario from the City's perspective is if the Petitioner presents arguments and the City renews the motion to dismiss, which will depend on the arguments presented, and the motion is granted, concluding the matter. Attorney Fournier stated that a possibility exists a ruling on the motion to dismiss will not be received on July 23 or 24, 2003, due to the Administrative procedures; that the lengthy post-hearing process requires each party submit written filings and submissions; that the ALJ prepares a recommended order for forwarding to the DCA; that each party is allowed to comment on the recommended order and the other party's written filings; that the matter may be concluded in four to five months if the process progresses smoothly; that if not, the matter may not be resolved for six to eight months; that the Petitioner is requesting the Commission initiate an amendment to the City's Comprehensive Plan to change the Future Land Use Classification of the Laurel Park neighborhood from the current Mixed Residential Future Land Use Classification to the Downtown Urban General Land Use Classification; that Laurel Park, Gillespie Park, and Park East were designated as in the Mixed Residential Future Land Use Classification prior to adoption of the Amendment; that once the Amendment becomes effective, Park East and Gillespie Park will be designated in the Downtown Urban General Land Use Classification and Laurel Park will retain the Mixed Residential Future Land Use Classification; that height, density, and usages are the primary differences in the land use classifications; that the maximum height in the Mixed Residential Future Land Use Classification is 30 feet as allowed by the implementing Residential Single Multiple 9 units per acre (RSM-9) Zone District; that height in the Downtown Urban General Land Use Classification is three stories; that the distinction between three stories and 30 as the allowable height is not significant. Vice Mayor Martin stated that three stories could be 42 to 45 feet according to the Downtown Master Plan 2020. Attorney Fournier stated that height in the Downtown Master Plan 2020 is not expressed in terms of feet; however, a story is limited to 14 feet; that dwelling-unit density under the Mixed Residential Future Land Use Classification in Laurel Park is 9 dwelling units per acre; that density under the Downtown Urban General Land Use Classification is 12 dwelling units per acre; that height and density are not the significant issues; however, the issue of land use causes significant controversy; that the ability to have non-residential or commercial uses is the concern; that the Mixed Residential Future Land Use Classification as implemented by the RSM-9 Zone District allows no opportunity for commercial uses, whereas low-intensity office, retail, lodging, and live-work units are permitted in the Downtown Urban General Land Use Classification on a limited basis; that the Petitioner desires to have non-residential uses in Laurel Park and is challenging Commission action from the year 2000 at which time Staff was directed to work with neighborhood associations to develop traditional neighborhood development zoning regulations based on the recommendations by Duany Plater-Zyberk & Company (DPZ) in the Downtown Master Plan 2020; that the opposing perspective from other property owners in the neighborhood is: The neighborhood is fine as is with non-residential uses in close proximity on three sides. Non-residential uses in the midst of the neighborhood are not desired nor required. - Pressing forward with exploring the possibility of non- residential uses is not necessary. Attorney Fournier continued that the positives and negatives of the offer to settle are the chances are good at succeeding at the hearing if the controlling issue is simply if Laurel Park should or should not have been included in the Downtown Master Plan 2020 study, which would appear an appropriate subject for a BOOK 54 Page 25726 06/16/03 2:30 P.M. BOOK 54 Page 25727 06/16/03 2:30 P.M. legislative determination and should be a debatable issue; that the hope is the ALJ would leave the matter to the legislative discretion of the Commission and choose not to interfere; that no basis exists to find the Amendment is not in compliance; that mitigating in favor of the settlement is a significant amount of time is involved; that working with Staff to prepare for the July 2003 hearing is required, which creates expense for the City; that another consideration is the implementation of the Downtown Master Plan 2020; that a perception may be the City is being held hostage by an individual which delays implementation of the Downtown Master Plan 2020; that completion of the administrative process is required; that a summary has been provided; that no specific position is advocated. Diana Hamilton, Petitioner and resident, 533 Osprey Avenue, Laurel Park neighborhood, (34236), came before the Commission and stated that Commissioner Bilyeu is commended for placing a discussion concerning the challenge on the Agenda; that public discussion is important; that incompatible adjacent land uses were not addressed by Attorney Fournier; that Laurel Park was omitted from the Downtown Master Plan 2020 as if Laurel Park did not exist; that a five-story boundary, or buffer, around Laurel Park is created; that the Downtown Master Plan 2020 allows for five-story buildings, which could be 56 feet high with 25 units per acre; that non-residential uses are across the street from residential homes; that Laurel Park should be designated in the Downtown Urban General Land Use Classification allowing for some non-residential uses; that a Conditional Use Permit is required for any non-residential use under the Downtown Urban General Land Use Classification; that obtaining a Conditional Use Permit is a five percent opportunity within the neighborhood; that the neighborhood has 95 percent residential use and 5 percent non- residential use; that a Conditional Use Permit would allow an individual to give piano lessons or an accountant to have a client to come to their house; that a Conditional Use Permit would not allow the non-residential use automatically; that filing for a Conditional Use Permit is required and every possible negative aspect of the use would be considered such as traffic, parking, and the affect on neighbors; that a Conditional Use Permit provides an opportunity for individuals living across the street of high density 25 units per acre as well as individuals in the center of the neighborhood; that a massage therapist would enjoy the ability to legally have a client come to their home; that the Downtown Master Plan 2020 is not being held hostage; that settling this matter in a reasonable manner is desired; that an amendment to the City's Comprehensive Plan should go forward; that the desire is for a hearing before the Planning Board/Local Planning Agency (PBLP) and the Commission to allow individuals to argue for or against the proposal concerning the Laurel Park neighborhood; however, a willingness exists to go before the ALJ to argue the case; that the Interrogatories are being answered; that the desire is not to hold the Downtown Master Plan 2020, which is personally supported, hostage; that challenging compliance of the Downtown Master Plan 2020 is not desired; however, ultimately, a case will be made before the ALJ if necessaryi that the hope is to receive a response from the Commission. The following people came before the Commission: Brian McIness, 1742 Laurel Street (34236), Martha Hafner, Past President of the Laurel Park Neighborhood Association, 1841 Oak Street (34236), and Robert Fletcher, former President of the Laurel Park Neighborhood Association, 1936 Morrill Street 34236. Mr. McIness stated that residents have been struggling with many issues in Laurel Park, not the least of which is the land use issue; that Laurel Park has a public bulletin board for news worthy of the public interest; that the Board of Directors of the Laurel Park Neighborhood Association has complete control of the postings; that residents have been encouraged and agreed to post issues important to the neighborhood; that no notice was provided concerning the challenge to the Downtown Master Plan 2020; that 15 residents in the audience support the statement which will be presented to the Commission. Mr. McIness distributed and read an undated letter from residents of the Laurel Park neighborhood to the Commission indicating the Commission's support in improving Laurel Park, a desirable Walk-to-Town neighborhood, is appreciated; that adoption of the Laurel Park Overlay District and subsequent adoption of the RSM9 Zone District in recent months clearly exhibit the City's full consideration of land use issues in Laurel Park; that the February 2003 unanimous Commission directive to create the Neighborhood Action Strategy process further exemplifies the City's commitment to continued involvement in review of issues facing all City neighborhoods; that the request is to reject the proposed settlement of the current challenge and proceed with the Administrative Hearing as BOOK 54 Page 25728 06/16/03 2:30 P.M. BOOK 54 Page 25729 06/16/03 2:30 P.M. scheduled; that the issue is scheduled for hearing; that an unbiased, disinterested party, with all facts presented, will decide if the Petitioner has been treated fairly by the City; that the challenge should go forward and be decided as currently scheduled by the ALJ; that anything short of due process for all will surely create more challenges and problems yet unforeseen; and asked individuals present in the audience in support of the statements to stand. Susan Kane, 300 and 310 South Osprey Avenue (34236), stated that the Downtown Urban General Land Use Classification is supported; that she built a house with an office next door and across the street will be 95 units, which is a different subject; that the corridor of Orange Avenue, Pineapple Avenue, and Burns Court is pleasing; that individuals live and work along the corridor; that the neighborhood is personally favored; that a live-work situation allowing small retail, antiques, etc., will invite people to live in the neighborhood; that the neighborhood at South Osprey Avenue and Morrill Street will deteriorate as living near large buildings is not desired; that Laurel Park is supported; that low-impact retail is supported; that Laurel Park could be a beautiful corridor into the City; that the personal intent is to continue living in Laurel Park as long as possible; that significant personal investment has been made into Laurel Park; that no personal political intent is involved. Dennis Kowal, 508 Osprey Avenue 34236, was no longer present in the Chambers. Commissioner Bilyeu requested clarification of the five percent commercial use? Michael Taylor, Deputy Director of Planning, came before the Commission and stated that the five percent commercial restriction is in the City's Comprehensive Plan as a policy guideline Staff is required to follow; that Staff will monitor as well as review and approve any new non-residential use requiring the conditional use process. Commissioner Bilyeu asked if the results of the administrative hearing would be received in three to four months? Attorney Fournier stated that the results of the administrative hearing would be received no sooner than four months if no ruling is made at the administrative hearing. Commissioner Bilyeu asked if the proposed Downtown Code can be implemented prior to the resolution of the challenge? Attorney Fournier stated that the Downtown Code cannot be implemented until the challenge is resolved. Vice Mayor Martin stated that the timeline concerning the proposed Downtown Code is a process beginning September or October 2003 with the PBLP coming to the Commission around the first of the year; and asked the projection for adoption if the process goes smoothly? Mr. Taylor stated that the speed is at the Commission's discretion; however, four to six months is an estimate. Vice Mayor Martin stated that adoption could be implemented in May or June 2004. Mr. Taylor stated that is correct. Vice Mayor Martin asked if the proposed Downtown Code could be adopted but not implemented if still under challenge? Attorney Fournier stated that if the Downtown Code is adopted, the effective date would have to be deferred until the challenge is settled. Vice Mayor Martin asked the location along Orange Avenue at which the zoning would change and allow uses of buildings up to a height of five stories and the existing height limitation? Mr. Taylor stated that some zonings are Commercial Central Business District (CCBD) Zone District and Office Professional Business (OPB) Zone District. Vice Mayor Martin asked for clarification of the CCBD Zoning District. Mr. Taylor stated that the CCBD Zoning District allows a height of 180 feet. Vice Mayor Martin stated that five stories is a significant change of zoning to allow only a lower height. BOOK 54 Page 25730 06/16/03 2:30 P.M. BOOK 54 Page 25'731 06/16/03 2:30 P.M. Mr. Taylor stated that five stories is the maximum allowed by the City's Comprehensive Plan; that at the Commission's discretion, the restriction could be less than five stories. Vice Mayor Martin stated that a famous formula in new urbanism is the quarter-mile, or five-minute walk; and asked the five-minute walk in the Laurel Park neighborhood to provide a sense of the type of commercial uses suggested in the Downtown Master Plan 2020 and the proximity of the commercial uses on Orange Avenue to the Laurel Park neighborhood. Mr. Taylor stated that some commercial uses currently exist along Osprey Avenue; that commercial uses exist east on US 301 and to the west on Orange Avenue; that from the center of Laurel Park to the edges is approximately a 10-minute walk; that commercial use exists along Morrill Street. Commissioner Servian stated that a conflict is not created with going forward with preparation of the proposed Downtown Code if the proposed Downtown Code will not be adopted until May or June 2004; that no timeline conflict will exist; that hearings can be held concerning adoption of the proposed Downtown Code. Attorney Fournier stated that the PBLP as the local planning agency would be required to make a finding of consistency with the City's Comprehensive Plan and the zone districts in effect at the time which could cause delay; that the consistency determination would have to be made on the comprehensive plan in effect; that waiting before holding any hearings on the proposed Downtown Code and related zone districts may be necessary. Mr. Taylor stated that the process could include workshops with the Commission while waiting for a determination; that Staff could proceed conceptually. Mayor Palmer stated that in February 2003, the neighborhood action strategy process was approved to identify neighborhoods requiring Staff to work with the neighborhoods to determine future desires and to assure budgetary consideration for fiscal year (FY) 2003/04 by unanimous Commission vote; that the process was established SO the process could proceed. Commissioner Atkins agreed; and stated that the revival of Laurel Park is pleasing; that observing the resurgence of Laurel Park is pleasing; that a special struggle in Laurel Park has existed; that now is time for the residents to cooperate; that if the residents support the City's Comprehensive Plan and the Downtown Master Plan 2020, an agreement can be reached to allow the preparation process to go forth; that the Commission is willing to work with the neighborhood collectively in any forum and following any process; that not reaching an agreement will create a difficult and expensive process; that a disagreement in the neighborhood costs a significant amount of. money and does not make sense; that the neighborhood is encouraged to get together and develop a plan for moving into the future in a fashion amenable to the residents and the Commission and to save money resulting from the struggle. Mayor Palmer stated that to change prior Commission action would require a motion to proceed in a different direction; therefore, the current direction will continue unless a different motion is made. Commissioner Bilyeu agreed with the statement of Commissioner Atkins; and stated that a division exists in the neighborhood; that no right or wrong exists; that the hope is the challenge could be settled; however, settlement is not probable; however, Staff's not following the Commission's directions is a concerni that Commission direction to the Administration should be followed; that personal research was conducted on the Downtown Urban General Land Use Classification; that Laurel Park is personally dear as due to his marriage in the area in 1986; that Laurel Park is unique; that work with the community is desired; that a compromise may be reached; that validity exists on both sides; that funds were not available in fiscal year (FY) 2002/03 to address the concerns regarding the Laurel Park neighborhood; that funds will be budgeted for FY 2003/04 to address the concerns in the Laurel Park neighborhood; that the intent is to assure the concerns in the Laurel Park neighborhood will be addressed in FY 2003/04. Vice Mayor Martin stated that a process is established, funded, and scheduled to present the proposed Downtown Code and the proposed zone districts to assure a complete understanding; that many individuals do not understand the proposed Downtown Code, which is understandable as the proposed Downtown Code has not been discussed in detail by the community, the PBLP, or the Commission; that a draft of the proposed Downtown Code has been presented but is not yet fully understood; that the process to discuss the proposed Downtown Code has been funded and is scheduled to begin in the near future; that all involved will go through an educational process concerning the Downtown Code; that changes can BOOK 54 Page 25732 06/16/03 2:30 P.M. BOOK 54 Page 25733 06/16/03 2:30 P.M. be made in the Downtown Code in the process; that the Commission's and the public's desires can be determined sO fears and concerns are either allayed or confirmed; that the educational process will proceed; that concerns for education will be addressed with a community forum. Mayor Palmer stated that the intent was to include adequate resources in the budget to address the concern regarding the Laurel Park neighborhood, allowing Staff to work with the neighborhood over a period of time and to develop an amendment to the City's Comprehensive Plan if support in the neighborhood exists; that Staff was directed by the Commission to work with the neighborhood; that the direction must continue; that the challenge is not pleasing; however, the plan and the process can proceed; that a consensus in the neighborhood as to the desired direction is required; that a 100 percent consensus may not be possible; however, the split in the neighborhood should be resolved so the process can proceed. Commissioner Servian stated that in February 2003, the Commission supported the idea of working through Staff to develop Neighborhood Action Strategies for neighborhoods not previously addressed; that working with Staff to conduct a neighborhood meeting to provide an understanding of the options was personally offered; that working with the neighborhood is the proper direction; that the offer continues. Mayor Palmer stated that Staff can work with the neighborhood and will work with the neighborhood once the decisions concerning the FY 2003/04 budget are made. Vice Mayor Martin stated that work can continue with the neighborhood during consideration of the proposed Downtown Code. Mayor Palmer stated that is correct; that the process concerning the Downtown Code will move forward. Commissioner Bilyeu stated that the efforts of the Laurel Park residents in being a strong part of the community are appreciated. 21. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY MANAGER TO WAIVE ALL OR ANY PORTION THEREOF OF THE FEES SET FORTH IN SECTION 30-10, RELATING TO ADOPTED CITY MASTER PLAN AREA AND EXEMPTING ALL CIP/REPAIR WORK AND SET ORDINANCE NO. 03- 4479 FOR PUBLIC HEARING = APPROVED (AGENDA ITEM XIII-2) CD 7:40 through 7:55 Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that at the April 7, 2003, meeting, the Commission took action to refer the consideration of modification of Section 30-10, City Code (1986 as amended), relating to permit and inspections fees for work in the public right-of-way to the Administration; that a small Staff task team was formed; that the permit fees for construction, equipment, parking, or storage on the right-of-way and construction detours are two distinct and separate matters; that both fees were intentionally set on an escalating rate; that the purpose of the construction equipment, parking, and storage permit fee was to strongly discourage and minimize the use of public on-street parking spaces while constructing or remodeling buildings; that the purpose of the construction detours permit fee was to discourage or minimize a need for vehicular and/or pedestrian detours; that the permit fees can be significant; that the economic viability of the Downtown is dependent upon continued redevelopment; that Staff developed alternatives for consideration; that the recommendation is the incentive for developera/ontractors not to consume public parking spaces should remain; that four options are as follows: 1 Authorize the City Manager to waive all or any portion of the fees set forth in Section 30-10, City Code, in accordance with specific criteria and based on the submission of a construction site staging plan and a construction phasing plan. 2. Reduce fees by 50 percent. 3. Reduce the fee for over 60 days, per day per space from $30 to $15 or $20. 4. With any of the above options, exempt projects listed in the City's Capital Improvement Program (CIP) and/or repair/replacement of City's infrastructure. Mr. Daughters stated that alternatively, the Commission could not take action and leave the permit fee rate as is; that remaining fees including plan review fees, etc., would still BOOK 54 Page 25734 06/16/03 2:30 P.M. BOOK 54 Page 25735 06/16/03 2:30 P.M. apply to a development; that Sections 30-4 and 30-26 through 30- 33, City Code, require updating, which has been done; that the recommendation is the Commission select Options 1 and 4 applying to projects implementing an element of any adopted City Master Plan, including the City of Sarasota Downtown Master Plan 2020 and the City of Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020; that the City Attorney's Office has prepared a preliminary draft ordinance with Staff's recommendation; that Staff recommends the proposed Ordinance to amend the City Code to amend the City Code be set for a public hearing. Commissioner Servian asked if a remedy is available in the event the City Manager does not waive the fees and if a developer can appeal to the Commission? Mr. Daughters stated that the proposed Ordinance contains no provision for appeal; that the decision of the City Manager is final. Commissioner Servian stated that a provision for appeal of a denial is desired. Mayor Palmer stated that the City Manager has significant discretion on a significant number of issues; that for the Commission to become involved in the appeal process is not desired. Commissioner Servian stated that the permit fees can be significant; that one permit fee currently under consideration is $400,000. City Manager McNees stated that Staff invested effort in defining the criteria sO any denial would not be arbitrary; that the City Manager will consider Staff's recommendations whether the criteria is met, which is similar to technical deviations to the Engineering Design Criteria Manual (EDCM); that deviations from the EDCM are not appealable to the Commission; that the recommendation is from Staff and the appeal is to the City Manager; that appealing to the Commission is discouraged due to the possible political implications; that forgiving fees are business decisions; that an appeal could be presented to, for example, the Community Redevelopment Agency (CRA) Advisory Board if an appeal process beyond the City Manager is desired; that Staff time involved with construction, equipment, parking, or storage on the right-of-way and construction detours incurs a cost; that every denial will be presented to the Commission if the appeal is to the Commission. Commissioner Servian stated that the concern is understood; that the process can be brought to the Commission if problems occur. City Manager McNees stated that Staff did a good job of defining the criteria. Commissioner Servian agreed; and stated that an incentive to accomplish the goals of the various master plans is necessary. Mr. Daughters stated that Staff invested significant time in developing the criteria; that the criteria will assure the decision is clear; that Staff will incur expenses; that for example, significant expenses have been incurred with the Five Points Plaza Project regarding traffic maintenance; that Staff's recommendation is to waive all fees except expenses related to Staff work or City expenses. Commissioner Servian stated that the recommendation makes sense. Mayor Palmer stated that waiving inspection fees or permit fees was an initial concern but is not being recommended. Mr. Daughters stated that is correct. Mayor Palmer stated that the recommendation concerns work in the right-of-way and issues concerning parking. Mr. Daughters stated that is correct. City Manager McNees stated that the Administration will never recommend a waiver of fees requiring an investment of Staff effort; that a recommendation may be made to pay the cost from revenues from the Tax Increment Financing (TIF) district; that the cost is incurred, must be reimbursed, and is not fair to impose on the taxpayers. Mayor Palmer stated that any concern has been alleviated. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the reference to permit and BOOK 54 Page 25736 06/16/03 2:30 P.M. BOOK 54 Page 25737 06/16/03 2:30 P.M. inspection fees is due to the section of the City Code being addressed. Mayor Palmer stated that the concern is to assure inspection and other required fees are not being waived. Vice Mayor Martin stated that the primary interest is to provide an incentive not to consume public parking; that the criteria is designed to assure public parking will not be consumed to the extent possible. Mr. Daughters stated that is correct. Vice Mayor Martin stated that the issue concerns a revenue stream; that other financial issues are presented to the CRA Advisory Board, which ultimately is presented to the Commission; that the proposal is supported; that the reasons for waiving any fees should be clearly articulated as an incentive to support the development; that the City should receive credit for any incentives offered. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to set proposed Ordinance No. 03-4479 for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to select Option 1 and 4 as described in Staff's memorandum authorizing the City Manager to waive all or any portion thereof of fees set forth in Section 30-10, City Code (1986 as amended) related to the adopted City Master Plan area and exempting all Capital Improvement Project repair work. Mayor Palmer restated the motion as to include the criteria to waive fees recommended by Staff and called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 22. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE MAJOR ENCROACHMENT AGREEMENT BETWEEN THE CITY OF SARASOTA AND FIVE POINTS SARASOTA INVESTORS, LLC - APPROVED (AGENDA ITEM XIII-4) CD 7:55 through 7:59 Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Five Points Sarasota Investors, LLC, is proposing to construct a 16-story mixed-use building known as Plaza at Five Points; that the proposed building will encroach into the rights-of-way of Main Street, Central Avenue, First Street, and the public alley behind the building; that visible encroachments exist on the First Street right-of-way including: 9 balconies, 27 shutters, and 2 trims which are superficial for aesthetic architectural purposes; that 30 underground encroachments consisting of 30 pile caps and piling into the rights-of-way of Main Street, Central Avenue, First Street, and the public alley; that the most significant elements of the encroachments are the pile caps and pilings; that locating the pile caps and piles in the right-of-way is a significant cost saving to the developer; that the encroachments could be replaced in a similar manner and location if the building is voluntarily or involuntarily demolished or destroyed; that the developer is responsible for removing all encroachments if the building is demolished or destroyed and not reconstructed; that Staff recommends approval of the Major Encroachment Agreement and authorizing the Mayor to execute the Agreement. City Attorney Taylor stated that the document should include a clause, the agreement is null and void if the site plan expires and the project does not go forward. Vice Mayor Martin stated that the property will return to the City if the building is not rebuilt. Mr. Daughters stated that the developer is being given the right to construct the indicated facilities; that ownership does not change. Mayor Palmer stated that rebuilding in the same footprint is permitted; however, an additional encroachment permit would be required if the footprint is changed. Mr. Daughters stated that is correct. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the Major Encroachment Agreement between the City of Sarasota and Five Points Investors, LLC, BOOK 54 Page 25738 06/16/03 2:30 P.M. BOOK 54 Page 25739 06/16/03 2:30 P.M. with the addition of a provision the agreement is null and void if the site plan expires and the project does not go forward and authorize the Mayor to execute the Agreement. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 23. NEW BUSINESS: APPROVAL RE: EASEMENT DEEDS FOR THE TWO PROPOSED GENERATOR LOCATIONS CONDITIONED ON THE FILMORE PARKING LOT ACCESS BEING RECONFIGURED AS PART OF THE DRAINAGE PROJECT OR THE CITY RETAINING THE $132,000 SET FOR FUNDING THE RIGHT-OF-WAY - APPROVED (AGENDA ITEM XIII-5) CD 7:59 through 8:03 Mayor Palmer stated that the request is to approve easement deeds for two proposed generator locations on two parcels of City-owned property. Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Manager of Engineering Projects, Engineering Department, came before the Commission. Mr. Winters stated that in designing the St. Armands Drainage Improvement Project, the County determined two generators will be required on St. Armands Key for emergency use in stormwater events to assure continued operation of the pumping stations; that the County is seeking approval to locate the generators on two parcels of City-owned property, specifically on property adjoining the Fire Station and at the Filmore Parking Lot on St. Armands Key; that the existing generator at the Fire Station will be replaced with a larger unit which will provide power to the Fire Station and the pumping station; that the generator at the Filmore Parking Lot will occupy approximately one half to two parking spaces near the southwest corner; that the current access to the parking lot from the alley adjoining Monroe Drive should be closed; that a new access should be constructed to South Adams Drive near the alley; that the reconfiguration of the access should provide a net gain of zero to two parking spacesi that the City has committed a maximum of $1.75 million for the St. Armands Drainage Improvement Project, of which $132,000 is allocated for right-of-way acquisition; that if the easements are granted, the City could withhold the $132,000 in funding and construct the reconfigured access to the parking lot or the County could relocate the access as part of the project, which would result in more efficient use of the funds; that any funds remaining from the allocation of $132,000 for right-of-way acquisition could be used for other right-of-way acquisition if the City constructs the access to the parking lot. Mayor Palmer asked if the remaining funds would be used for right- of-way acquisition for the St. Armands Drainage Improvement Project? Mr. Winters stated yes; that the recommendation to approve the two easement deeds is supported by the St. Armands Group Landowners/Merchants/Residents Association; that a representative from the County is present to respond to questions if desired. Commissioner Servian stated that the efforts of County Staff are appreciated; that County Staff spent time with the residents of St. Armands Key to identify appropriate locations for the generators; that the locations for the generators was a significant concern to the residents. On motion of Vice Mayor Martin and second of Commissioner Atkins, it was moved to approve the easement deeds for the locations for the two proposed generators on St. Armands Key. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Servian, yes; Palmer, yes. Mr. Daughters asked if the motion implies acceptance of the condition of the City's withholding the $132,000 in funding and constructing the reconfigured access to the parking lot or alternatively the County's relocating the access as part of the project? Mayor Palmer stated that hearing the Commission's agreement, the condition is incorporated into the motion. 24. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XIV) CD 8:03 through 8:11 COMMISSIONER BILYEU: A. stated that the meeting of the Community Action Agency was attended; that additional information can be provided the Commission from future meetings. COMMISSIONER SERVIAN: BOOK 54 Page 25740 06/16/03 2:30 P.M. BOOK 54 Page 25'741 06/16/03 2:30 P.M. A. stated that regular meetings of the Economic Development Board (EDB) are not being held; however, the members are meeting to update the Strategic Plan; that approximately 15 subcommittees have been formed to receive input; that a meeting of the business group subcommittee was attended; that interesting ideas are being discussed, some of which may be recommended to the participating municipalities and may help ease developers' concerns; that one idea was to identify groups to assist parties interested in development in the different municipalities. COMMISSIONER ATKINS: A. stated that recently, members of the Board of Directors of the Sarasota Housing Authority (SHA) and others visited public housing complexes which had received HOPE (Housing Opportunities for People Everywhere) VI grants and been completely renovated and revitalized in Hillsborough, Pinellas, and Manatee Counties; that the experience was exhilarating, particularly for anyone who knew the previous condition of the public housing complexes; that everyone is encouraged to visit the renovated public housing complexes, which demonstrate the possibilities of receiving a HOPE VI grant; that the development of partners and relationships for the SHA to make a successful application for a HOPE VI grant is encouraged. Mayor Palmer stated that a trip for SHA residents to visit the renovated public housing complexes is being organized; that the Commissioners may wish to participate in the trip; and asked who is organizing the trip. Commissioner Atkins stated that the office of Katherine Harris, US House of Representatives, 13th Congressional District, may have organized the trip with the cooperation of the Federal Department of Housing and Urban Development. Mayor Palmer stated that information concerning the forthcoming trip should be provided the Commission sO Commissioners can participate if desired and if invited. Commissioner Atkins stated that interested persons were previously invited to attend. Mayor Palmer stated that participating in the last trip was not possible; however, participating in any future trip is desired; that receiving information concerning any future trip would be appreciated. B. stated that the quarterly meeting of the Enterprise Zone Development Agency was attended; that training sessions concerning the tax credits for businesses have been attended; that Staff is doing an excellent job of providing information concerning the tax credits available; that the facilitator of the training sessions is with the Internal Revenue Service and indicated the City/County Enterprise Zone is the only one in the State which is active concerning the possibility of gaining tax credits; that investors and persons interested in creating jobs are encouraged to come forward; that the Enterprise Zone process has been excellent; that the Front Porch Program has been active as well; that the meetings of the Enterprise Zone Development Agency and the Front Porch Program are well attended; that the activity is encouraging; that great accomplishments are anticipated. MAYOR PALMER: A. stated that the countywide loss of hotels and motels is becoming a major issue and will be discussed at the 4:00 p.m., June 17, 2003, meeting of the Tourist Development Council; that the Commissioners are invited to attend the meeting or watch the meeting on AccessSarasota, Channel 19. Vice Mayor Martin stated that hotels and motels are being lost to condominium development; that some condominiums may be rental units, in which case the bed tax should be collected for any rentals of less than three months; and asked if every hotel or motel lost results in the loss of bed tax or if the condominiums are generating bed tax. Commissioner Servian stated that the issue is if the rentals are being reported sO the bed tax can be collected. BOOK 54 Page 25742 06/16/03 2:30 P.M. BOOK 54 Page 25743 06/16/03 2:30 P.M. Vice Mayor Martin stated that receiving information concerning tax revenues from rentals of condominiums would be appreciated. Mayor Palmer stated that the Tax Collector has the information and collects the bed tax from hotels and motels as well as condominiums; that the loss of hotels and motels is a major issue concerning tourism in general. Vice Mayor Martin stated that the possibility is tourism units of a different sort are being created; that the loss of hotels and motels is clearly a concern. B. stated that the ManaSota League of Cities will meet at 9:30 a.m., July 10, 2003; that a representative of the Florida League of Cities will provide information concerning the recently concluded legislative session; that the Commissioners are invited to attend. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DIRECTED THAT A DISCUSSION ITEM CONCERNING THE ESTABLISHMENT OF A REGIONAL AUTHORITY FOR BEACH RENOURISHMENT PROJECTS BE ADDED TO THE AGENDA OF THE JULY 7, 2003, REGULAR COMMISSION MEETING (AGENDA ITEM XV) CD 8:11 through 8:36 COMMISSIONER ATKINS: A. stated that the June 19, 2003, Special Joint meeting with the Public Art Committee will not be attended as he will be out of town. VICE MAYOR MARTIN: A. stated that City Manager McNees, County Administrator James Ley, County Commissioner David Mills, and himself attended a meeting arranged by Katherine Harris, US House of Representatives, 13th Congressional District, to begin discussion concerning the HOPE (Housing Opportunities for People Everywhere) VI grant application; that the target is to create 400 public housing units; that the focus is to obtain $20 million in HOPE VI grant funds for the Sarasota community; that leveraging $56.5 million of local funding is sought to support the HOPE VI grant application; and distributed a spreadsheet illustrating the type of local funding required as leverage for the HOPE VI grant application. Mayor Palmer stated that the Executive Director of the Sarasota Housing Authority was previously requested to provide budget information to the City Manager as soon as possible; and asked if the information will be presented to the Commission. City Manager McNees stated that information will not be provided the Commission immediately; that nothing will be presented in the budget until fiscal year (FY) 2004/05; that the spreadsheet is the first step in beginning to identify funding which can be used for leveraging; that the first action the Commission is likely to see is a revision to the Sarasota Consortium 2000 - 2005 Consolidated Plan (Consolidated Plan) to allow fund shifting from the different State and Federal housing funding sources. Mayor Palmer stated that. approval of the Action Plan of the Consolidated Plan was approved by the Commission as Consent Agenda No. 1, Item 5, earlier in the meeting. Vice Mayor Martin stated that the Action Plan on the Agenda was for FY 2003/04; that the Consolidated Plan for FY 2004/05 will be affected by any change resulting from the HOPE VI grant application. City Manager McNees stated that the updates of the Action Plan for the Consolidated Plan cannot stop while the HOPE VI grant application is being completed. Vice Mayor Martin stated that the expectation is the application will be received in July or August 2003; that the SHA will have approximately 60 days to complete the application, which will be BOOK 54 Page 25744 06/16/03 2:30 P.M. BOOK 54 Page 25745 06/16/03 2:30 P.M. due in September or October 2003; that the application must be completed quickly; that the Sarasota Board of County Commissioners also recently discussed the Consolidated Plan and the allocation of Federal and State housing funds; that reallocating Federal and State housing funds will be complicated; that groundwork is currently being laid for projects which were designated to receive funds in 2005 under the Consolidated Plan; that all the funds cannot be reallocated; that within 90 days, considerable activity will be seen regarding the HOPE VI grant application. B. stated that the power boat races previously proposed for Labor Day 2003 will be changed to another date; that the location will be changed to off Siesta Key. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the organizers indicated the power boat races would be moved to the weekend before Labor Day; that the location will be off Siesta Key; that the event entitled Power Boats by the Bay was originally planned for Siesta Village but will probably be at another location in the City; that the drive pits will be at the parking lot of the Van Wezel Performing Arts Hall (VWPAH), which has been discussed by the organizers with VWPAH Staff; that the City has not received a Special Event application; that the organizers have had the application for several months; that the power boat race events continue to evolve and are not yet finalized; that submission of a Special Event application is required for the use of any City facilities. Vice Mayor Martin stated that the Sarasota Sailing Squadron is holding the annual Regatta on Labor Day weekend and is pleased the power boat races will not be held at the same time. Mr. Schneider stated that the organizers of the power boat races did not want to conflict with the Sarasota Sailing Squadron Labor Day Regatta. C. stated that the VWPAH is holding FridayFest, the second of which is planned for June 20, 2003; that FridayFest is amazing; that the setting is gorgeous; that the public is encouraged to attend. COMMISSIONER SERVIAN: A. quoted a June 11, 2003, letter from Dennis Daughters, Director of Engineering/City Engineer, concerning the Lido Beach Renourishment Project as follows: Big Sarasota Pass as a sand source. Commissioner Servian stated that a separate regional authority to oversee beach renourishment was suggested in the letter and is a wonderful idea; and asked the steps necessary to move the suggestion forward? Mayor Palmer stated that the intent was to request the item be placed on the Agenda of the July 7, 2003, Regular Commission meeting; that an authority should be created to manage beach erosion control projects on a regional basis; that the City should begin to take action to encourage the establishment of such a regional authority; that hearing no objections, the Administration is directed to place an item concerning the establishment of a regional authority on the Agenda of the July 7, 2003, Regular Commission meeting. Commissioner Servian stated that a regional authority would be similar to the Metropolitan Planning Organization and is an excellent idea. B. stated that Big Pass is becoming increasingly dangerous; and asked the actions being taken to dredge Big Pass and the entity with responsibility for the dredging? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that no action is being taken to dredge Big Pass; that likely, he would be informed if Big Pass were scheduled for dredging; that dredging Big Pass could be accomplished in two manners; that the first is maintenance dredging by the Army Corps of Engineers in a similar fashion to New Pass which involves a lengthy process of decommissioning New Pass and commissioning Big Pass; that the dredging is easyi however, the process is difficult; that the second is for a local governmental to gain approval to dredge Big Pass for the use of the sand as a sand source for a project, which would result in a two-fold benefit of providing navigation benefits as well as a sand source; that significant research is required to assure no detrimental impact would result to Siesta or Lido Keys from dredging Big Pass for sand; that more sand could be eroded from Lido Key if Big Pass is dredged; that the research required could be lengthy. BOOK 54 Page 25746 06/16/03 2:30 P.M. BOOK 54 Page 25747 06/16/03 2:30 P.M. Commissioner Servian stated that the US Coast Guard has removed the navigational markers indicates Big Pass is not a safe place for boating; that something should be done. Mayor Palmer stated that hearing no objections, a discussion item concerning the establishment of a regional authority will be added to the Agenda of the July 7, 2003, Regular Commission meeting. B. stated that in April 2003, a Commission consensus was requested and received to begin a study to consider the possibility of in-house attorneys; that no update has been received; that receiving an update and recommendations would be appreciated. C. stated that considering the extension of the "no wake" zone in the area of New Pass was previously raised; that the responsibility for beginning the process of extending the "no wake" zone should be determined; that the speeds with which the boats move through the area is significant; that the wakes created by the boats affects the mooring field which has numerous sail boats; that boats speed in the vicinity of the Sarasota Sailing Squadron, the Salty Dog, and the bait shop, creating waves which go over the seawall; that the situation is dangerous and is beginning to cause erosion at the seawall; that the City should take the initiative to attempt to extend the "no wake" zone. D. asked the status of the mooring field? Mr. Schneider stated that the first draft of the Management Report prepared by a law student from the University of Florida has been received; that revisions are being made; that upon receipt of the revised Management Report, the group considering the mooring field will be reconvened, likely within a couple of weeks; that a recommendation will be presented to the Commission. COMMISSIONER BILYEU: A. stated that the orientation concerning the logistics of parking and pedestrian movement during construction of the Downtown projects provided by Engineering Staff was appreciated. Mr. Daughters stated that V. Peter Schneider, Deputy City Manager, set up the meetings with representatives of all the projects which will shortly be under construction and City Department Heads to develop a logistical plan; that the process has been excellent. Vice Mayor Martin stated that the logistics will be challenging. B. stated that the stop signs in Bellevue Terrace are gone, probably due to construction, and should be replaced. C. stated that City Staff was always helpful in providing information prior to his election to the Commission; that City Staff continues to do a good job in providing information after his election; that the level of service received has been good; that information requested need not be provided immediately unless sO indicated; that the efforts of City Staff are appreciated; that his effort is not to micro-manage. D. stated that his short time on the Commission has been overwhelming; that some surprises have occurred, particularly the amount of reading involved; that service on the Commission is being enjoyed; that the efforts of the other Commissioners and the Charter Officials are appreciated. E. stated that attendance at the various functions such as the SCOPE (Sarasota County Openly Prepares for Excellence) function at which a documentary film concerning mental illness was shown has been enjoyed; that the work of SCOPE is excellent; that the future work of SCOPE is favorably anticipated. F. stated that an appreciation dinner for foster parents was recently attended; that the number of foster parents in Manatee and Sarasota Counties is significant; that attendance by at least one Commission at the various functions is important and stressed; that the Commission Staff does a good job of coordinating attendance of Commissioners at the various functions; that an opening of a health spa in the County was recently attended with his daughter and was interesting. G. stated that Mayor Palmer is welcomed back after her vacation in Australia and New Zealand. BOOK 54 Page 25748 06/16/03 2:30 P.M. BOOK 54 Page 25749 06/16/03 2:30 P.M. MAYOR PALMER: A. stated that concerns were raised during the meeting with Bill Nelson, US Senate, State of Florida, on June 13, 2003, concerning the proposed brownfield designation at the urbaculture site; that a citizen information meeting should be scheduled; that the County is conducting testing of the two ponds located on the site, which should be completed in two to three weeks; that a tentative meeting is being scheduled for the week of July 21, 2003, at which time more information concerning the findings will be available; that Staff should disseminate intormation concerning the meeting as soon as available. B. stated that her trip to Australia and New Zealand was wonderful; that both countries have roundabouts throughout, including in the most congested areas; that many roundabouts are beautifully landscaped; that large buses called coaches can navigate the roundabouts easily, which was fascinating. C. stated that regarding the recent change in the City colors, any desire by the other Commissioners to change the City cOlors is not known; that the current City colors of teal and gold are personally liked; that any change should come from the Commission; that a possible change in the City colors should be added to an Agenda of a future Commission meeting if any Commissioner is interested in changing the City colors. Vice Mayor Martin asked for clarification. Mayor Palmer stated that the City's colors are teal and gold unless any interest to the contrary is heard from the other Commissioners. D. stated that everyone's efforts during her vacation are appreciated; that Vice Mayor Martin did an excellent job during her absence. 26. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVI) CD 8:36 through 8:40 CITY MANAGER MCNEES: A. stated that the ratification of the contract between the City and the Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen, and Helpers Affiliated with the International Brotherhood of Teamsters, Local Union No. 173 (Teamsters), which represents approximately 300 City employees was quietly approved by under Consent No. 1, Item No. 7, by the Commission; that the Teamsters' representatives, including those from the union and from the employee group as stewards, are thanked for their hard work in reaching an amicable settlement; that the Commission's efforts in fighting for a balance between the employees' and the taxpayers' needs is commended; that the Commission worked very cooperatively with Staff to reach a resolution; that Kurt Hoverter, the new Human Resources Director, as well as other Staff of the Human Resources Department did a yeoman's job in recognizing an opportunity to settle the dispute, avoiding the possibility of impasse; that Mr. Hoverter did an excellent job in working with the representatives of the Teamsters to bring the resolution forward; that everyone involved deserves credit; that the Administration is pleased on behalf of the employees to have resolved the issue and to implement the contract. Mayor Palmer stated that the efforts and involvement of City Manager McNees are appreciated; that having the contract resolved is pleasing. 27. ADJOURN (AGENDA ITEM XVII) CD 8:40 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of June 16, 2003, at 8:40 p.m. - - - 2 - LOU ANN R. PALMER, MAYOR ATTEST B4 - L Ruluna - a BILLY Ea ROBINSON, CITY AUDITOR AND CLERK BOOK 54 Page 25750 06/16/03 2:30 P.M.