MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 6, 2004, AT 2:30 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, and Lou Ann R. Palmer, City Auditor and Clerk Billy E. Robinson, City Manager Michael A. McNees, and City Attorney Robert M. Fournier ABSENT: Commissioner Danny Bilyeu due to attendance at the National League of Cities Conference in Indianapolis, Indiana PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ITEMS ON CONSENT AGENDA NOS. 1 AND 2 CD 2:32 Mayor Martin asked if any Commissioner wishes to remove an item from Consent Agenda No. 1 or 2 and hearing no requests for removal, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. 2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:33 through 2:37 Carolyn Fishel, President, Arlington Park Neighborhood Association, 2490 Waldemere Street (34239), representing Arlington Park Neighborhood Association, and Sherri Leman, 2144 Hyde Park Circle (34239), came before the Commission. Ms. Fishel stated that she came before the Commission at the March 22, 2004, Special meeting to request assistance with completion of the Arlington Park Neighborhood Improvement Project; that the pathways were in poor condition with areas of pedestrian safety issues; that after working with the Commission and Staff, especially Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, the pathways have been replaced with 8 foot wide asphalt without drop offs; that bollards on side street park entrances and protective railings will be installed soon; that the City and the neighborhood can BOOK 58 Page 29318 12/06/04 2:30 P.M. BOOK 58 Page 29319 12/06/04 2:30 P.M. be proud once the quality project is completed; that the Coalition of City Neighborhood Associations (CCNA) recognized the project as the "2004 Best Neighborhood Project" at its awards banquet on December 4, 2004; that recently, the level of the pond in Arlington Park was dropped 18 inches as part of a Sarasota County flood project in the neighborhood, which had an extremely negative impact on the appearance to the area; that through working with the Commission and City and County Staff a resolution to the problem was found; that the water level in the pond was raised to near original levels; that park visitors and ducks are extremely happy with the restored water level; and presented a Certificate of Appreciation to the Commission on behalf of the Arlington Park Neighborhood Association. Ms. Fishel continued that the Commission and Staff are commended for their initiative, efforts, and support for improving the safety and appearance of Arlington Park; that the Arlington Park Neighborhood Association appreciates the continued assistance in making Arlington Park a better place in which to live; that the Arlington Park neighborhood has more improvements planned for the future; that the Neighborhood Action Strategy (NAS) process has begun for the Arlington Park Neighborhood and the School Avenue Multi-use Recreational Trail Project will begin after January 2005; that the improvements are possible due to the combined efforts of the City Commission, Staff and neighborhood residents; that working with everyone under the leadership of the new 2005 Arlington Park Neighborhood Association President, Rhonda Moraca is favorably anticipated; that working with the Commission and Staff as President of the Arlington Park Neighborhood Association for the past two years has been a pleasure; that she will serve as a Board member and will continue to remain involved with the efforts to improve the Arlington Park neignborhood; that wishes for a wonderful holiday season as well as an excellent 2005 are extended to all; that the neighborhood is looking forward to the future improvements. Ms. Leman stated that having the opportunity to spend time with each of the Commissioners is appreciated; that the Commissioners are always willing to provide comments, help and guidance, which is extremely appreciated. Mayor Martin stated that the Certificate of Appreciation will be proudly hung in the Commission office. Vice Mayor Servian stated that the Commission does not normally receive Certificates of Appreciation; that receiving the Certificate of Appreciation is pleasing. Mayor Martin agreed. Ms. Fishel stated that the Commission is invited to walk through the park and enjoy the new pathways; and extended thanks for everyone's efforts. 3. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETINGS OF NOVEMBER 1, 2004, APPROVED i MINUTES OF THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 15, 2004 APPROVED WITH CHANGES (AGENDA ITEM II-1 AND-2) CD 2:37 through 2:38 Mayor Martin asked if the Commission had any changes to the minutes? Vice Mayor Servian referred to Agenda Item XV, Commission Board and Committee Reports of the minutes of the November 15, 2004, Regular Commission meeting as follows: VICE MAYOR SERVIAN: stated that the Economic Development Corporation taped "Development Rocks" Commissioner Palmer stated that the "Development Rocks" program Vice Mayor Servian stated that the name of the tape should be changed to "Economic Development Rocks." Mayor Martin stated that hearing no other changes, the minutes of the Regular City Commission meeting of November 1, 2004, are approved by unanimous consent and the minutes of the Regular City Commission meeting of November 15, 2004, are approved by unanimous consent with the change indicated. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, AND 3 - APPROVED (AGENDA ITEM IV-A) CD 2:38 through 2:39 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Traffic Signalization Services between the City of BOOK 58 Page 29320 12/06/04 2:30 P.M. BOOK 58 Page 29321 12/06/04 2:30 P.M. Sarasota and Mastec North America, Inc., for the period of October 14, 2004, until October 13, 2005, on an "as needed" basis. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Marian H. Gable for water and sewer services for a developed site located at 3800 Flamingo Avenue. 3. Approval Re: Owner-Occupied Housing Program Changes. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 3, inclusive. Motion carried unanimously (4 to 0): Atkins, yes; Palmer, yes; Servian, yes; Martin, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 05R-1814) - ADOPTED; ; ITEM 2 (ORDINANCE NO. 04-4555) = ADOPTED;. ITEM 3 (ORDINANCE NO. 05-4590) = ADOPTED ; ITEM 4 (ORDINANCE NO. 05-4592) = ADOPTED (AGENDA ITEM IV-B) CD 2:39 through 2:43 1. Adoption Re: Proposed Resolution No. 05R-1814, affirming the current practice of offering post- retirement single medical/dental coverage, at no cost to the retiree, sO long as the retiree was hired as an employee of the City of Sarasota prior to October 1, 1993; etc. (Title Only). 2. Adoption Re: Second reading of proposed Ordinance No. 04-4555, to rezone property located at 1115 and 1117 South Tuttle Avenue from the Single Family Residential-4 and Office Professional Business (RSF-4 and OPB) Zone Districts to the Office Neighborhood District (OND) Zone District to allow a proposed office development; said development is proposed to be located on property directly to the north of the northeast corner of the intersection of South Tuttle Avenue and Bahia Vista Street; approving Site Plan Application No. 04-SP-23 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) (Application Nos. 04-RE-09 and 04-SP-23, Applicant William W. Loker, of Loker Construction, Inc., as agent representing Dr. Q. H. Shao and Jennifer F. Shao, as owners of the China Healing Center, Inc.). 3. Adoption Re: Second reading of proposed Ordinance No. 05-4590, rezoning approximately 2.18 acres of land in four separate parcels from the Office Professional Business (OPB) and Residential Multiple Family 4 (RMF- 4) Zone Districts to the Commercial Central Business District (C-CBD); described generally by parcel, the zone changes are: 1750 Ringling Boulevard (OPB to C- CBD); 1730 Ringling Boulevard (OPB to C-CBD); 1753 Morrill Street (RMF-4 to C-CBD); and 1759 Morrill Street (RMF-4 to C-CBD); each parcel being described with more particularly herein; making findings; approving a proffered site plan for a mixed use development consisting of retail space, professional office space and residential units in a 180 foot building; a parking structure; seven townhouse residential units and four residential units in an existing apartment building; providing that the rezoning and site plan approval shall be subject to proffered conditions including a requirement that the parking structure be architecturally masked; providing for the severability of the parts hereof; etc. (Title Only) (Application Nos. 03-RE-15 and 03-SP-26, Applicant Joel J. Freedman, AICP, Freedman Consulting Development, LLC, as agent representing the 1750 Company, as owner). 4. Adoption Re: Second reading of proposed Ordinance No. 05-4592, to amend Ordinance No. 00-4231 which rezoned property located at 1226 North Tamiami Trail to the Commercial General (CG) Zone District, a/k/a Center for Arts and Humanity Building; said amendment consists of revising the conditions of approval sO as to expand the range of permitted uses in the Center for Arts and Humanity; a condition in Ordinance No. 00-4231 regarding parking spaces is deleted; providing for amended conditions of approval; repealing ordinances in conflict; etc. (Title Only) (Application No. 04-ROA-01, Applicant Charles D. Bailey, Jr., Esq., as agent representing Center-APC, LLC, as owner). City Auditor and Clerk Robinson read proposed Resolution No. 05R-1814 and proposed Ordinance Nos. 04-4555, 05-4590 and 05-4592 by title only. BOOK 58 Page 29322 12/06/04 2:30 P.M. BOOK 58 Page 29323 12/06/04 2:30 P.M. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Martin, yes; Palmer, yes; Servian, yes. Mayor Martin stated that Commission Bilyeu is not present due to attendance at a National League of Cities Conference. 6. UNFINISHED BUSINESS: PRESENTATION AND DISCUSSION RE : ALTERNATIVE FUEL VEHICLES FOR POSSIBLE FUTURE PROCUREMENT FOR THE CITY'S FLEET APPROVED ADMINISTRATION S RECOMMENDATION TO: 1) CONTINUE RESEARCH AND REPORT BACK TO THE COMMISSION AS THE TECHNOLOGY EVOLVES; 2) AUTHORIZE VEHICLE PILOT PROGRAM WITH INITIAL PURCHASE OF TWO HYBRID VEHICLES; AND 3) AUTHORIZE STAFF TO PURSUE DEVELOPMENT OF REGIONAL PARTNERSHIPS AND/OR PUBLIC/ PRIVATE PARTNERSHIPS (AGENDA ITEM VI) CD 2:43 through 3:16 Mayor Martin stated that the item is to hear a presentation and discuss Alternative Fuel Vehicles for possible future procurement for the City's fleet and requested that Staff come forward. Nancy Carolan, Director, and Pamela Hayes, Manager, Purchasing, General Services, came before the Commission. Ms. Carolan stated that a report regarding Alternative Fuel Vehicles, which is also included in the Agenda backup material, will be provided; that the report discusses the various alternative fuels currently available, types of vehicles, advantages and disadvantages of each type of vehicle, regional efforts underway, cost considerations and the start of a pilot program; that options will be presented for discussion and direction aiter the report is provided; that thanks are extended to Public Works and the Sarasota Police Department (SPD) which provided assistance regarding the project. Vice Mayor Servian left Chambers at 2:44 p.m. Ms. Hayes referred to computer-generated slides of the report regarding Alternative Fuel Vehicles displayed on the Chamber monitors; and stated that the following are types of alternative fuels and associated fuel compositions: Hybrid Gas and Electric Bio-Diesel Diesel fuel mixed with soybean oil Flex Fuel Ethanol 85 - 85% ethanol and 15% gas Natural Gas Natural gas/gasoline mix Propane Propane gas Fuel Cells Hydrogen liquid or gas Ms. Hayes continued that a hybrid vehicle is not a true Alternative Fuel Vehicle unless operating completely on alternative fuels; that bio-diesel can be a blend of additives such as vegetable or soybean oil at 20 percent or 5 percent; that one Alternative Fuel Vehicle operating in Sarasota uses chicken oil from a fast food restaurant; that the flex fuel vehicles are generally powered by additives such as ethanol or methanol; that methanol is not used too frequently; that the flex fuel vehicle must operate off 85 percent of additives such as ethanol or methanol to be considered as an Alternative Fuel Vehicle; that anything less would not be considered an Alternative Fuel Vehicle by the US Department of Energyi that natural gas vehicles can be bi-fuel vehicles; that bi-fuel vehicles have two tanks; that having two tanks provides better fuel economyi that some of the natural gas vehicles cannot travel far sO the bi-fuel vehicle has two separate fueling systems, one for natural gas and one for conventional gasoline; that propane gas is another type of alternative fuel; that years ago, the Public Works Department as well as General Services/Central Stores had some propane vehicles. Vice Mayor Servian returned to the Chambers at 2:47 p.m. Ms. Hayes further stated that Ford Motor Company recently stopped its production of natural gas vehicles due to the desire to move toward fuel cells technology; that Ford believes fuel cells are the technology of the future; that the applications of the types of alternative fuel and the typical uses have been tailored to the City; that Staff's recommendation is to utilize the hybrid vehicle type; that the following applications would apply to the City: Hybrids Customer Service Representatives Inspectors/In City Driving Bio-Diesel Heavy Equipment/Solid Waste Flex Fuel Light Driving Propane Gas Most Driving Types BOOK 58 Page 29324 12/06/04 2:30 P.M. BOOK 58 Page 29325 12/06/04 2:30 P.M. Fuel Cells Not Determined Ms. Hayes stated further that the customer service representatives in the Utilities Division would be a perfect application for the hybrid vehicle basically due to in-City driving; that a hybrid vehicle must be operated at under 30 miles per hour (mph) to achieve the most fuel economy and better emissions; that a hybrid vehicle does not require connection in to an electrical source; that a hybrid still uses gasoline to power the generator which then powers the electricity for the vehicle; that the electric portion of the vehicle rather than the gasoline portion can be used if the vehicle is traveling under 30 mph; that the State is using vehicles which operate on bio-diesel fuel; that the City participates in a cooperative bid for fuel with the Countyi that inclusion of a bid for bio-diesel is now being requested; that the City could use bio-diesel fuel as an application mainly for some of the heavy equipment; that the bio-diesel fuel would be mixed prior to delivery; that effective 2007, the Environmental Protection Agency (EPA) standards for diesel fuel will be changing; that using all bio- diesel vehicles at this time and then having to retro-fit vehicles to conform to the new 2007 standards would be difficult; that the flex fuel vehicles are used for light driving and have only one fueling system; that flex fuel is a mixture of additives such as Ethanol. Ms. Hayes stated that the natural gas alternative is used by some police fleets, refuse haulers, and the US Postal Service; that the situation regarding use of natural gas will become difficult since one of the major automobile makers will no longer be producing vehicles which operate on natural gas; that the propane alternative can be adapted to most driving types; that the range is not as great as with gasoline; that the viability of the fuel cell alternative is undetermined; that fuel cell vehicles are currently prototypes with adequate availability many years awayi that a press release regarding Shell Hydrogen is included in the Agenda backup material; that Shell Hydrogen opened the first combined hydrogen and gasoline station in North America; that a regional or public/private partnership is one of Staff's recommendations; that Staff is recommending utilizing the hybrid type vehicle since hybrids are the most economical and efficient Alternative Fuel Vehicle available to date; that hybrids require no special fuel and no retrofit of the existing fuel facility; that hybrid vehicles are becoming more available; that an emissions schedule is included in the Agenda backup material; that the amount of greenhouse gas emitted in tons is indicated in the emission schedule; that the Toyota Prius emits 1.7 tons which is the lowest emission; that the fuel economy on the Toyota Prius is the greatest. Commissioner Palmer stated that the Toyota Prius has the highest mileage as well. Ms. Hayes stated that is correct; that the Toyota Prius gets 60 miles per gallon if traveling at a speed of 30 mph; that no retrofitting would be required; that the hybrid vehicles are becoming more available; that she spoke with Alan Jay Toyota of Sebring, Florida, which was the successful bidder for the State's Sheriff's Association; that many local jurisdictions are including hybrid vehicles in their requests for bids; that last year Toyota made 36,000 Prius vehicles; that Toyota's plan is to make and sell 105,000 Prius vehicles from January to December 2005; that one of problems with the availability was the batteries for the vehicles; that the vehicles were available; however, the batteries were not; that a five month delay from the date of order has been indicated. Ms. Carolan stated that the available Hybrids are: Type Cost/Miles Per Gallon (MPG) Honda Civic $20,500 - EPA MPG 48 City Toyota Prius $20,500 - EPA MPG 60 City Ford Escape Sport Utility $24,500 - EPA MPG 36 City Chevrolet Silverado Pick-Up $24,500 - EPA MPG 18 City Ms. Hayes stated that a recommendation was not made concerning the Ford Escape Sport Utility Vehicle or the Chevrolet Silverado Pick-Up Truck since the vehicles are heavy; that additionally, no history regarding the vehicles exists; that the County has some Toyota Prius vehicles; that discussions have been held with the County regarding the Toyota Prius; that the range of the Toyota Prius is known; that one of the reasons the fuel economy will not be too great on the Ford Escape Sport Utility Vehicle and the Chevrolet Silverado Pick-Up is the vehicles are heavier; that the following is a cost comparison of the vehicle types: BOOK 58 Page 29326 12/06/04 2:30 P.M. BOOK 58 Page 29327 12/06/04 2:30 P.M. Vehicle Estimated EPA Fuel Cost at Payback Type Cost Mileage 8,000 miles at (years) City $2.00 per gallon Mid Size $12,500 20 $800 Passenger Equivalent $20,500 60 $267 15.01 Hybrid Small Size $14,500 22 $727.28 Utility Small Size $24,500 36 $444 35.30 Utility Hybrid K-Ton Pick- $14,500 14 $1,142 Up K-Ton Pick- $24,500 18 $940 49.5 Up Hybrid Ms. Hayes continued that the mid-size passenger vehicle is similar to a Ford Taurus which could be purchased at the City's rates; that the equivalent hybrid is the Toyota Prius; that the savings would not be realized until 15 years; that an analogy is the cost realization over time regarding the cost of desk top computers and operating systems; that technology regarding Alternative Fuel Vehicles is in its infancy; that no one knows which type of alternative fuel will become the winner; that technology is leaning toward fuel cells; however, the most prevalent market at this time is the hybrid; that the Toyota Prius is manufactured by a foreign companyi that the City has not made any purchases from a foreign manufacturer but has no problems doing so; that the City has always purchased from American manufacturers; that the hybrids would be produced in Japan; that vehicles such as Dodge, Chevrolet, etc., are also produced in Canada and Mexico, even though the companies are American; that a higher initial capital cost is involved which should be reduced over time; that the cost return is low; that the technology is definitely in its infancy. Ms. Hayes further stated that alternative funding sources for government are limited; that some incentives are available for private individuals purchasing Alternative Euel Vehicles; that the State has proposed some incentives for government use of Alternative Fuel Vehicles, approval of which has been included in one of the City's legislative initiatives; that the hope is a positive reaction will be received from the legislature; that Staff is recommending a pilot program which would initially be the purchase of two midsize hybrids; that the two midsize hybrids would be Toyota Prius vehicles; that Public Works/Utilities would be willing to use the vehicles; that the vehicles could be used for code enforcement through the Building, Zoning and Code Enforcement Department; that the vehicles could perhaps be used by the Engineering Department in the future; that the initial cost based on a price of $20,500 each is $41,000 which is $16,000 more than presently budgeted; that requesting a special appropriation would be necessary if the Commission desires to purchase the vehicles. Ms. Hayes stated further that Staff discussed future needs with the SPD, Public Works and the Engineering Department, since Ford Taurus vehicles are used for in-City driving; that the City would have a two year period to assess the performance of the Toyota Prius; that perhaps more history would then be available regarding the performance of the pick-up trucks and the compact vehicle such as the Ford Escape; that Staff is initially suggesting the purchase of two mid-size Toyota Prius vehicles. Ms. Carolan stated that Public Works indicated purchasing 15 vehicles during fiscal year (FY) 2004/05 is anticipated; that the Building, Zoning and Code Enforcement Department anticipates purchasing two small pick-up trucks; that the Engineering Department has budgeted one Ford Taurus and one Ford Escape, which is a total of 19 vehicles being purchased for FY 2004/05. Ms. Hayes stated that the policy direction options are to: 1. Do nothing and continue research and have Staff return with another update as the technology evolves. 2. Consider the initial purchase of two light duty hybrid vehicles, mainly the Toyota Prius, subject to its availability, and consider allowing for the purchase of an additional four other hybrid vehicles after additional usage data is gathered. 3. Consider the formation of regional partnerships and/or public/private partnerships to determine fueling station concerns, and future funding requirements and sources. Ms. Hayes continued that consideration of the formation of regional partnerships and/or public/private partnerships is extremely important since fueling stations and fuel types are involved; that the decision should be regionally based since having a range is necessary; that ensuring sufficient fueling BOOK 58 Page 29328 12/06/04 2:30 P.M. BOOK 58 Page 29329 12/06/04 2:30 P.M. stations are available is important; that having the ability to refuel in Venice, Florida, for example, prior to driving back to the City is important; that future discussions should take place regarding public/private fuel stations. Vice Mayor Servian stated that the other environmental benefits which will be derived from using Alternative Fuel Vehicles rather than the initial financial payback are of most concern to the Commission; that quantifying the amount of dollars one vehicle will save in terms of medical costs and other costs associated with air and water pollution is difficult; that many reasons exist to purchase Alternative Fuel Vehicles; that Staff indicated 19 vehicles are projected for purchase in FY 2004/05; and asked for clarification. Ms. Carolan stated that Public Works is on a rolling schedule to purchase replacement vehicles. Vice Mayor Servian stated that replacement of two of the 19 vehicles planned for purchase could be postponed for one more yeari; and asked if the vehicles presently in use are in disrepair or considered unsafe? Mr. Carolan stated that Public Works Staff would be more aware of the safety concerns of the vehicles presently being used. Vice Mayor Servian stated that having an answer is important and requested that the Administration provide a response. City Manager McNees stated that typically, a vehicle can be left in service a little longer; that the vehicles are generally charted on a large scale; however, the condition of each individual vehicle is somewhat theoretical; that the age and mileage at which the cost of maintaining the vehicle exceeds the cost of purchasing a new vehicle is the basis; that a new vehicle is purchased if routine maintenance expense exceeds the break even point; that Staff indicated a five month delay from order to receive the hybrid vehicles; that the Administration can determine the two best operating vehicles and leave the vehicles in service an extra five months; that the replacement of two of the 19 scheduled vehicles could be deferred and the funds used to purchase the hybrid vehicles, or a special appropriation could be requested. Vice Mayor Servian stated that the preference is to defer replacement of two of the 19 vehicles and use the funds to purchase the two hybrid vehicles. City Manager McNees stated that having a discussion with Staff regarding the condition of the vehicles is preferred prior to making a decision since the condition of the vehicles is not known at this time. Mayor Martin stated that the City has an Equipment Replacement Fund; that the fund had a substantial balance; that some of the funds were used for the City Hall renovations; that the funds were basically earmarked for fleet replacements. Commissioner Palmer stated that the Toyota Prius is not available at this time; that the funds would not be expended immediately; that the funds would likely not be needed until late spring or summer of 2005 which is certainly a significant amount of time to review the City's current fleet; that the City should make an environmental statement; that the County is already using Alternative Fuel Vehicles; that the subject of including Alternative Fuel Vehicles in the City's fleet has been raised in several Commission meetings; that the City should be more environmentally sensitive regarding fuel; that the use of Alternative Fuel Vehicles is in a transition period; that the transition will continue as education regarding Alternative Fuel Vehicles moves forward; that the American automobile companies will become significantly more sensitive if sales are lost as people become more economically and environmentally sensitive; that Staff's requests for policy direction are supported except for the indication of doing nothing; that Staff should pursue all three proactive recommendations; however, the words "do nothing" should be removed from the first recommendation. Ms. Carolan stated that the Administration's recommendation indicated on the Agenda request form indicates the following: Continue research and report to Commission as the technology evolves; Authorize Vehicle Pilot Program with initial purchase of two hybrid vehicles; and Authorize Staff to pursue development of regional partnerships and/or pubic/private partnership. BOOK 58 Page 29330 12/06/04 2:30 P.M. BOOK 58 Page 29331 12/06/04 2:30 P.M. Commissioner Atkins stated that the length of time sales and options will be available from Ford due to the transitional state of Alternative Fuel Vehicles is a concern; that Staff will continue to research; however, ending up with two additional vehicles which are not earmarked for employees currently in need of vehicles is a concern; that Staff has indicated two of the best operating vehicles scheduled for replacement will be identified and will remain in the fleet; that Staff has also indicated two Toyota Prius vehicles will be ordered; that the question is who will be driving the Toyota Prius vehicles; that a question is if the Toyota Prius vehicles will be garaged and provided to Departments upon request? Ms. Hayes stated that the plan at this time is to designate the Toyota Prius vehicles for the Customer Service Division in the Utilities Department since Staff determined the area as the best application to receive the greatest benefit from the hybrid vehicle; that the Customer Service Division in the Utilities Department will operate the Toyota Prius vehicles in the manner intended; that the 30 mph criteria would be met. City Manager McNees stated that the intent is to operate the vehicles in a high use environment; that otherwise, a determination cannot be made regarding full operation if used as a pool vehicle. Mayor Martin stated that the County has been using Alternative Fuel Vehicles for at least two or three years; that Staff has indicated discussions have been held with the County; that the County has had success with the Alternative Fuel Vehicles and is moving forward aggressively to add more Alternative Fuel Vehicles to the fleet; and asked the number of Alternative Fuel Vehicles the County is planning to add? Ms. Hayes stated that the County will be adding five Ford Escapes; that the County has two Toyota Prius vehicles and may desire to purchase two more; that discussions have taken place with the County's Fleet Director and Assistant Director, Fleet Management Department, regarding the vehicles; that the application of the vehicles is most important; that one vehicle was being used on the highway which is not the intended use; that a savings is not realized; that the County has maintained records; that the County desires to try the Ford Escapes; that obtaining the County's usage data regarding the Ford Escapes would be useful; that based on her research, the Ford Escape was not the first choice due to the weight of the vehicle and its intended use; that the results desired by the City will not be produced if the Ford Escape is purchased; that concerns of the environment are the major reason for purchasing Alternative Fuel Vehicles; that the Alternative Fuel Vehicles must be used as intended to achieve the maximum results. Mayor Martin asked if Staff identified any Alternative Fuel Vehicles being used for parking enforcement? Ms. Hayes stated that the SPD attended a demonstration; that unfortunately the turning radius of one of the vehicles was a problem; that use of an Alternative Fuel Vehicle for parking enforcement is still being pursued; that the SPD is currently conducting a test program with some air intake spacersi that at the time the fuel goes through the air intake spacers, the fuel is shaken up, atomized, and broken down; that in essence, more gas is being created which results in three or four miles per gallon of fuel. Vice Mayor Servian stated that the process used by the air intake spacers is the reverse of the operation of catalytic converters. Commissioner Palmer stated that the research conducted by Staff is impressive; that the direction taken by Staff is specifically the direction requested of the Administration. Mayor Martin asked the reason for purchasing only two vehicles? City Manager McNees stated that the recommendation is to purchase two vehicles; that the County has two Toyota Prius vehicles and is considering two more; that the County has a much larger fleet than the City; that the County has not determined if the Toyota Prius is appropriate on a large scale; that the 15 year payback is enormous; that Staff's comparison to computer technology is good; that the price of the Alternative Fuel Vehicles is likely to come down. Mayor Martin stated that the price will come down if the vehicles are aggressively purchased. City Manager McNees stated that more information is necessary prior to purchasing more vehicles for the City's fleet; that the 50 percent cost markup is substantial; that sufficient testing can be conducted by purchasing two Alternative Fuel Vehicles. BOOK 58 Page 29332 12/06/04 2:30 P.M. BOOK 58 Page 29333 12/06/04 2:30 P.M. Mayor Martin stated that a significant amount of test information regarding Alternative Fuel Vehicles is available from other jurisdictions; that better payback ratios than presented at this time have been seen; and asked if the City's price to purchase a Ford Taurus is $12,500? Ms. Carolan stated yes. Ms. Hayes stated that some of the payback ratios may be based on actual uses; that EPA estimates which account for idle time are being used; that she has remained in touch with the County; that some of the Toyota Prius vehicles did not reach the EPA mileage of 60 mpg in the City which could address some of the payback ratio; that the comparisons throughout the report were based on the EPA charts; that the manner in which vehicles perform during their applications could result in different payback ratios; that the City desires to use the Alternative Fuel Vehicles as intended and to create its own history; that the City is in a more confined area; therefore, usage of the Alternative Fuel Vehicles will be different. Vice Mayor Servian stated that the County has only two Toyota Prius vehicles and is contemplating two more; that the County has a much larger geographic area and cannot receive the same efficiencies from the Alternative Fuel Vehicles as the City; that being more conservative by beginning with the purchase of two vehicles is preferred; that many more could be added the following yeari that the City should take the first step to purchase the vehicles indicating concern about the environment and the fragile community; that the Commission has been discussing the issue of Alternative Fuel Vehicles for some time; that the time has come for the Commission to act. Commissioner Palmer stated that the scientific methodology used by Staff in determining the application of the Alternative Fuel Vehicles is appreciated; that the best test will achieve the best results; that the vehicles will not be received until five months from order; that another five to six months will be necessary to determine the efficiency of the vehicles; that another year will pass before the Commission will be requested to take additional action; that based on the history and the discussion, expanding the fleet with additional Alternative Fuel Vehicles is likely if the Alternative Fuel Vehicles are successful. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to approve the Administration's recommendation to authorize Staff to: 1) Continue research and report to the Commission as the technology evolves; 2) Initialize Vehicle Pilot Program with purchase of two hybrid vehicles; and 3) Pursue development of regional partnerships and/or pubic/private partnerships. Commissioner Palmer stated that thanks are expressed to Staff for a job well done. Vice Mayor Servian stated that the Commission's direction to the Administration to review use of the other vehicles is inherent in the motion. Mayor Martin stated that signage indicating the type of vehicle should be included on the side of the Alternative Fuel Vehicles purchased by the City; that signage on the vehicles will inform the community of the intended direction of the City. Commissioner Palmer stated that the signage could indicate "Sarasota Hybrid". Mayor Martin called for a vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Martin, yes; Servian, yes; Palmer, yes. Mayor Martin stated that thanks are expressed to Staff for conducting the research; that the research was thorough and well presented; that the report brought back was exactly the information requested by the Commission. Commissioner Palmer stated that discussions should be held with the Economic Development Corporation to determine if a problem with obtaining batteries for the Alternative Fuel Vehicles exists; that the Economic Development Corporation could locate a company to come to Sarasota to manufacturer the batteries. 7. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 3:16 There was no one signed up to speak. 8. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XV) CD 3:16 through 3:43 BOOK 58 Page 29334 12/06/04 2:30 P.M. BOOK 58 Page 29335 12/06/04 2:30 P.M. VICE MAYOR SERVIAN: A. stated that the Florida League of Cities Legislative Conference was attended in Orlando, Florida, on November 18 and 19, 2004; that each of the Commissioners have been provided a copy of the Legislative Committee's priorities; that six standing committees exist; that each of the committees adopted their priorities; that on the last day, a collective adoption of all the priorities takes place; that this year, for the first time, something interesting took place; that a motion was made to adopt a super priority which supercedes all others but which encompasses all the priorities; that the super priority was identified as growth management"; that growth management is the major issue for the year; that the Governor desires to address the entire issue of growth management prior to leaving office; that the Governor is insistent which is the reason sO much discussion has taken place regarding the issue of Community Redevelopment Areas and waterfront access; that a copy of proposed legislation which is being forwarded by the Commercial Fishing Industry was sent to the Deputy City Manager; that the proposal contemplates requiring municipalities to provide waterfront access based on the number of boats registered in a particular area, which could become a significant concurrency issue; that the Florida League of Cities has not yet taken a position; that a small working group is addressing the issue; that work is being conducted in conjunction with the Commercial Fishing Industry and the Marine Industry to determine if some sort of collaborative legislation could work for all; that continued updates will be provided; that she will be traveling to Orlando, Florida, for another meeting regarding the issue of Community Redevelopment Areas; that continued updates will be provided; that the working group is also reviewing legislation regarding "antiquated subdivisions"? that the legislation is being forwarded by Michael Bennett, Florida State Senator, District 21; that the legislation is being written due to a situation which took place in Charlotte County, Florida, concerning Murdock Village; that embedded in the legislation is creation of a Community Redevelopment Area, which only helps the City's position concerning Community Redevelopment Areas. B. stated that an Economic Development Corporation investment update breakfast was attended this morning; that the Sarasota/Bradenton Metropolitan Statistical Area (MSA) is ranked sixth in the nation for economic development and new jobs on the tax rolls; that the Commission should be proud since the Sarasota/Bradenton MSA is small compared to other MSAs; that economic development is on the right track in the County; that the fruits of the labor of individuals such as Kathy Baylis, President, Economic Development Corporation of Sarasota County, and others who have been working for years toward economic development are finally being seen. C. stated that a Sarasota Housing Authority (SHA) Board of Directors (Board) meeting was attended by City Manager McNees in her place; that the City Manager can provide the update. City Manager McNees stated that the SHA meeting was attended; that routine business took place during the meeting; that the only substantial item discussed was the report received from the Federal Housing and Urban Development (HUD) Department regarding the SHA's status as a troubled housing authority and potential downgrade; that the SHA will be filing an appeal; that SHA Staff took some exception concerning the ranking of some items in the report, believed the reviewers either misapplied or misunderstood the HUD regulations and had the feeling is the scoring does not truly or accurately reflect the financial position of the SHA; that disagreement between the SHA's accountant and HUD's reviewers exists which is the reason an appeal will be filed; that a Letter of Understanding between the City, the County, and the SHA will potentially be crafted; that the Sarasota Board of County Commissioners (BCC) will be having a discussion regarding the level at which to remain committed to housing revitalization, as the project currently proposed is somewhat smaller than the original Housing Opportunities for Everyone (HOPE) VI project; that Susan Scott, Deputy Sarasota County Administrator, will lead the discussion; that the Letter of Understanding should be brought back for the Commission's review following the meeting to discuss the issue, which may be tomorrow; that he has been proceeding with the Commission's direction to remain fully engaged toward the revitalization of the SHA housing at the same level as during the HOPE VI process; BOOK 58 Page 29336 12/06/04 2:30 P.M. BOOK 58 Page 29337 12/06/04 2:30 P.M. that the County's involvement and role will be determined; that the Letter of Understanding will be brought back to the Commission for further discussion and adoption after the roles and responsibilities for all three major players are identified. City Manager McNees continued that the SHA has applied for demolition permits; that developer selection will be the topic of future SHA meetings; that the process is moving forward; that he is working with Ms. Scott and Rudy Vazmina, SHA Executive Director, regarding the Letter of Understanding. Mayor Martin asked if the Letter of Understanding will be brought back to the Commission soon? City Manager McNees stated that the time the County's discussion will take place is not certain; that the Letter of Understanding could be brought back to the Commission in January 2005 if the County meets tomorrow to discuss the Letter of Understanding. Mayor Martin asked for clarification regarding the next SHA Board meeting. Vice Mayor Servian stated that the understanding is the SHA Board will not be meeting until January 2005. Mayor Martin stated that the HOPE VI grant application is due in late February 2005, which is soon; and asked if the HOPE VI grant application was discussed? City Manager McNees stated that the HOPE VI grant application was not discussed at the meeting he attended; that the SHA has one option which is to have the proposed developer prepare the grant application; that due to the short amount of time, the option is being passively discounted. Vice Mayor Servian stated that Mr. Vazmina indicated the SHA Board would likely not have a meeting in December 2004; that the understanding is if the SHA were to go forward with the HOPE VI grant application, the developer would prepare the grant application without an associated cost; that an emergency meeting to make the decision if a regular meeting is not scheduled is likely; that she will contact Mr. Vazmina during the Commission's recess; that an update will be provided during the evening session. City Manager McNees stated that the wide belief is the numbers do not favor the City due to the limited number of probable HOPE VI awards and the large number of likely applicants; that the general consensus is a grant will probably not be received based on the odds. Commissioner Palmer stated that a high level of frustration is being experienced; that the Commission has asked for a report from the SHA for the last four or five meetings; that a joint meeting with the SHA Board was desired to receive a progress report; that she has personally received no information from anyone; that the Administration has indicated discussions will be held with the County; that the Commission is certainly committed to the SHA, the HOPE VI program, and the Janie Poe and the other public housing complexes; that the feeling is of being in a vacant room without any other information; that she has no access to information; that the reason the SHA did not authorize development of the HOPE VI grant application months ago is not understood; that the belief was the HOPE VI grant application developed the last time was absolutely perfect; that the belief was nothing would stand in the way of receiving the grant; however, the grant was not received; that an attempt should be made regardless; that a consultant is willing to develop the HOPE VI grant application; that an emergency meeting should be held to immediately move the process forward; that two new members are on the SHA Board; that both members are knowledgeable concerning public housing; that the process should move collectively forward; that people are asking the involvement of the Commission and the BCC to assist with the problems of the public housing in north Sarasota; that she does not have an answer, which is frustrating. City Auditor and Clerk Robinson stated that two dates in January 2005 have been proposed to the SHA for a joint workshop with the SHA Board. Mayor Martin asked if the City proposed the dates? City Auditor and Clerk Robinson stated yes. Mayor Martin asked if an answer has been received? City Auditor and Clerk stated that he has not received an answer. Commissioner Palmer stated that the HOPE VI grant application is due in February 2005; that funds are always requested at the last minute; that she is not unwilling to contribute funds; BOOK 58 Page 29338 12/06/04 2:30 P.M. BOOK 58 Page 29339 12/06/04 2:30 P.M. however, some action or at least a joint meeting with the SHA is necessary. Vice Mayor Servian stated that the frustration is understood; that she meets with Mr. Vazmina on a regular basis as the liaison to the SHA; that the Commission does not have the authority to make decisions regarding the HOPE VI grant application; that the authority rests with the SHA Board; that the Commission cannot force the SHA to move forward, regardless of the amount of pressure placed on the SHA by the Commission, if the SHA does not desire to move forward with the HOPE VI grant application; that numerous discussions have taken place with the City Manager, James Ley, County Administrator, Mr. Vazmina and Leon Campbell, Chair, SHA Board; that everyone is collaborating; however, the situation is delicate; that the Commission cannot impose itself on the SHA; that imposing on the SHA is not the role of the Commission. Commissioner Atkins stated that the last two appointments to the SHA Board reflect good research by the Mayor; that the frustration with the SHA is shared; that the Commission can pressure the SHA; that the Commission has a responsibility to the tenants living in public housing; that the belief has always been the City has the right to inspect and enforce City codes and nuisance abatement laws in the SHA complexes; that the Janie Poe public housing complex (Janie Poe) is in deplorable condition; that he travels by Janie Poe several times a week to ascertain the condition of the buildings; that he asked the SHA the reason for boarding up some of the Janie Poe buildings; that some are boarded up due to being unoccupied; that others are boarded since windows have not been replaced; that all kinds of problems are taking place at Janie Poe, in addition to the issues concerning leaks, plumbing, and electrical; that the Commission's strongest position would be to condemn Janie Poe and move forward; that the HOPE VI grant application will be enhanced if the Janie Poe public housing complex is demolished and the site is cleared; that the Commission will be assisting the SHA if Janie Poe is demolished. Commissioner Palmer stated that replacement housing must be provided if Janie Poe is demolished; that Janie Poe cannot be demolished without taking care of the residents; that safe and appropriate housing must be provided. Commissioner Atkins stated that health is of most concerni that the belief is the Commission can force the Federal Government and the SHA to identify housing for the Janie Poe tenants if the Commission does its job to protect the health and welfare of the Janie Poe tenants; that the problem is the Commission is not doing its job concerning the enforcement of the rules to protect the health, safety, and welfare of the citizens of the Janie Poe public housing complex. Vice Mayor Servian stated that the condemnation laws regarding public housing are not known; that vouchers will be received if the City receives the demolition grant; that the tenants can be removed from the unsafe, unhealthy, living conditions, and Janie Poe can be demolished; that Janie Poe must be demolished. Mayor Martin stated that information concerning demolition should be heard in January 2005; that vouchers will accompany the demolition permit. Vice Mayor Servian stated that the vouchers will be ample; that the views expressed by Commissioner Atkins are valid; that the Commission decided to move forward with code enforcement of Janie Poe a couple of years ago; that the Director of Building, Zoning and Code Enforcement provided the Commission with details necessary to inspect the Janie Poe public housing complex; that having the conversation at this time is a good idea; that the entire Commission has expressed frustration, impatience and the willingness to be at the table as part of the solution; that information will be provided regarding the January 2005 joint meeting. Vice Mayor Servian stated that an update concerning meeting times and the HOPE VI grant can be provided at this time; that the SHA Board has not reached a decision to move forward with the HOPE VI grant application; that the SHA Board has a meeting scheduled for December 21, 2004, at 4:30 p.m.i that she will attend and report back as soon as possible; that information in the previous HOPE VI grant application can likely be used; that the additional information required in the Notice of Funding Availability (NOFA) is not known; that the understanding is the NOFA is not significantly different; that the HOPE VI grant application could likely be prepared quickly; that a copy of a letter from Perkins Eastman, the previous consultant who prepared the HOPE VI grant application, was received; that the SHA has not paid Perkins Eastman's bills; that the bills have been outstanding since January 2004; that Perkins Eastman has BOOK 58 Page 29340 12/06/04 2:30 P.M. BOOK 58 Page 29341 12/06/04 2:30 P.M. been billing the SHA for eleven months for the work conducted on the prior HOPE VI grant application. Mayor Martin that the Commission has experienced great frustration regarding the HOPE VI grant application. COMMISSIONER ATKINS: A. stated that an Enterprise Zone Development Agency Board (EZDA) meeting was attended on December 3, 2004; that the new expansion of the Enterprise Zone was discussed; that the expectation is the Enterprise Zone will be expanded; that Steven Katzman, nationally known photographer who lives in Sarasota, presented a work of art which will be displayed in the north Sarasota County library; that the work of art is impressive and will be one of 30 displayed in the north Sarasota County library; that Mr. Katzman is also creating exhibits; that lately the EZDA Board is having problems with achieving a quorum; that members are continually encouraged to attend the meetings. B. stated that a meeting of the Tourist Development Council (TDC) was attended; that the primary discussion was to have a joint meeting with the Economic Development Board to achieve synchronization as issues move forward with the new Economic Development Corporation; that signage by the Sarasota County Parks and Recreation Department relating to beaches and parks was discussed; that signage is being changed and will be considerably more palatable; that the evolution of signage in the County will be interesting; that signage in the City is sometimes rather difficult to understand; that information regarding the Tourist Development Council is available in the Commission office. Mayor Martin stated that the number of signs in parks indicating rules observed is amazing. COMMISSIONER PALMER: A. stated that the Sarasota/Manatee Metropolitan Planning Organization (MPO) seamless bus service from Palmetto, Florida, to Sarasota will begin in the middle of December 2004; that people can come to Sarasota without having to transfer from one bus to another; that appropriate stops in between have been established; that the seamless bus service is a major component of the Sarasota and Manatee County bus systems; that the effort will improve mass transit,between the two counties. B. stated that Vice Mayor Servian spoke to most of the issues regarding the Florida League of Cities meeting; that Vice Mayor Servian has done a fabulous job as the Chair of the State Florida League of Cities Municipal Finance and Taxation Committee; that hearing the compliments regarding Vice Mayor Servian's leadership on the committee was a pleasure; that congratulations are extended. C. stated that Thaddeus Cohen, Secretary of the Department of Community Affairs (DCA), spoke at a Regional Planning Conference in Fort Myers, Florida, and at the Florida League of Cities Conference in Orlando, Florida; that she spoke to Secretary Cohen in both circumstances regarding local planning certification; that Secretary Cohen and the Governor are trying to expand the ability of local governments to obtain local planning certification to avoid having to move through the DCA procedure; that the Governor is initiating a growth management proposal which will empower regional planning agencies more sO than the State unless State issues are involved; that the Commission must follow upi that a December 1, 2004, letter was sent from Jane Robinson, Director, Planning and Redevelopment, through the City Manager to Michael Bennett, Florida State Senator, District 21, and Chair, Committee on Community Affairs, with a copy to Secretary Cohen indicating the concern the Commission has regarding the processi that the process did not work well for the Commission since the criteria were not well established; that the hope is some action will be taken; that the Governor's new growth management proposal indicates significantly more activity at the local planning agency level; that the Administration should provide an update as the situation unfolds; that the City belonged to the Tampa Bay Planning Council and then the Southwest Regional Planning Council; that the City belonged to both at one point but does not belong to either at this time; that the City's representation is through Sarasota County. BOOK 58 Page 29342 12/06/04 2:30 P.M. BOOK 58 Page 29343 12/06/04 2:30 P.M. D. stated that she will be traveling to Orlando, Florida, this week for a Florida League of Cities session regarding boards and committees and the manner in which to have advisory boards and committees work more effectively with commissions and administrations; that information will be brought back; that the Commission has had concerns about interaction between the City's boards and committees and the Commission; that information will likely be received which can improve the interaction. MAYOR MARTIN: A. stated that he sits on the Continuum of Care Board; that the Continuum of Care is the umbrella organization which brings in State and Federal funds to address homelessness in the community; that two coalitions work under the Continuum of Care in Sarasota County and Manatee County; that the lead agency for the Continuum of Care is the United Way; that the Continuum of Care has been in existence for five years and has been successful, although the process has been frustrating and difficult at times; that well over $5 million has been received from State and Federal agencies to address homelessness; that difficulties in having full participation in the coalitions and with having agencies work together are being experienced; that coordinating the efforts of two counties is difficult; that the Continuum of Care is undertaking some restructuring meetings to review better structural ways of addressing homelessness issues; that the intent is not for doing away with the coalitions; that for the Continuum of Care to have more oversight and conducting the necessary proactive work is the intent of the restructuring; that two meetings will be held during December 2004; that the Continuum of Care is at a critical point; that more funds could be and must be brought into the community; that restructuring the Continuum of Care will assure the necessary funds to address homelessness will be brought into the community. 9. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION TO CONTACT THE COUNTY REGARDING THE SUNKEN VESSEL AT LIDO KEY (AGENDA ITEM XVI) CD 3:43 through 4:12 COMMISSIONER ATKINS: A. stated that a conference regarding housing authorities sponsored by the Federal Housing and Urban Development (HUD) Department will be held at the Tampa Convention Center on February 1 and 2, 2005; that a representative of the Commission should attend both days; that he can attend the second day. Vice Mayor Servian stated that she can attend the first day. Commissioner Palmer stated that she can also attend the first day. B. stated that a question is the status of the repair of the Orange Avenue railroad track crossing; that the crossing is similar to a roller coaster. City Manager McNees stated that according to the repair schedule, a couple of days remains; that he will follow up. Vice Mayor Servian stated that an electronic mail (email) to her from William Hallisey, Director of Public Works, concerning repair of the crossing will be forwarded to the Commission; that a citizen complained about the crossing; that Mr. Hallisey indicated the repair job was not complete; that additional work would be necessary if the repair job, once completed, is not considered sufficient. C. stated that the bulldozers were supposed to arrive at Fredd "Glossie" Atkins Park this morning; that the hope is the bulldozers will arrive tomorrow morning to begin to demolish the existing building; that demolition of the building and moving forward with the improvements will be celebrated; that problems have been encountered regarding security of the building; that the boards installed for safety are removed even if replaced; that the safety of the community must be preserved by demolishing the building. COMMISSIONER PALMER: A. stated that Mattison's City Grille on Lemon Avenue looks fabulous and is attracting a significant number of BOOK 58 Page 29344 12/06/04 2:30 P.M. BOOK 58 Page 29345 12/06/04 2:30 P.M. people; that the Whole Foods Centre Market will be having a grand opening on Wednesday, December 8, 2004; that the Downtown is being transformed in a manner which was not anticipated; that the transformation is thrilling; that the new projects will act as a catalyst for more positive things taking place in the Downtown; that getting around the Downtown and into the City Hall parking lot is still difficult due to the construction. B. stated that the Mayor received a November 30, 2004, letter from Jon Thaxton, Chair of the Sarasota Board of County Commissioners (BCC), a copy of which was provided all the Commissioners, concerning the City's request regarding an amendment to the Transfer Development Rights (TDR) Program included in the County's Sarasota 2050 Plan; that the TDR Program will be considered as part of the County's Evaluation and Appraisal (EAR) process for amending the County's Comprehensive Plan called APOXSEE, and quoted the letter as follows: it will be the responsibility of City Staff to undertake any necessary data and analysis needed to support this amendment. Commissioner Palmer further stated that the letter indicates County Staff will provide assistance to City Staff as necessaryi that the concern is to assure any action required of the City Commission has been taken or if the Administration has received adequate direction from the City Commission; that City Staff time and funds will require allocation to the effort; and asked the City Manager for clarification of actions necessary. City Manager McNees stated that the Administration's understanding is the intent of County Staff is to make the process an expensive and lengthy logistical task for the City, which is not satisfying; that some fundamental questions regarding the logic of the program are not being answered; that Planning Staff has been requested to schedule a meeting with him and some of the County Staff members to identify a solution; that he is not satisfied with the processi that a report will be provided to the Commission. Commissioner Palmer stated that the Commission can assist if necessary. City Manager McNees stated that the situation must first be identified at the Staff level. Commissioner Palmer stated that the Administration should provide a significant update. Mayor Martin stated that the County has scheduled a public workshop concerning amendments to the Sarasota 2050 Plan in early January 2005. Commissioner Palmer quoted the November 30, 2004, letter as follows: A [County] staff initiated-Puplic workshop on this amendment is scheduled for 6:00 p.m. on Tuesday January 4, 2005, at the Fruitville Public Library Meeting Room. This workshop will be held in conjunction with a [County] staff-initiated general amendment to Sarasota 2050. Mayor Martin stated that the January 4, 2005, County public workshop is the opportunity for City Staff to present the request formally to the County; that Staff is aware of the public workshop. City Manager McNees stated that the intention is to meet with County Staff well in advance of the public workshop. Mayor Martin stated that establishing the groundwork prior to the January 4, 2005, public workshop is important. Commissioner Palmer stated that the Commission cannot afford to miss the opportunity. City Manager McNees stated that Douglas James, Chief Planner, Planning and Redevelopment Department, has indicated the answers are not understood, which causes great concern; that Staff understands the processi that personal anxiety is experienced since the answers are unclear to Staff. VICE MAYOR SERVIAN: A. stated that thanks and congratulations are extended to the organizers of the holiday parade; that Paul Thorpe and Dave LaBelle, organizers of the holiday parade, did an outstanding job; that the Deputy City Manager and Staff coordinated the effort; that she stayed in town and had dinner the evening of the parade; that Public BOOK 58 Page 29346 12/06/04 2:30 P.M. BOOK 58 Page 29347 12/06/04 2:30 P.M. Works was on the scene picking up trash and sweeping the street as soon as the last parade float passed, which was phenomenal; that the people in the restaurant expressed disbelief but appreciation at the speed of the Clean-up effort; that the people were not aware she was in the restaurant; that the people were from out of town and were shocked vehicles could park on Main Street 30 minutes after the parade. B. stated that a significant number of street lights are out from east of US 301 extending to Gulf Stream Avenue; that the areas are extremely dark; that most of the lights at Five Points Park are out which may be due to construction; that some of the trees have been trimmed on the lower end of Main Street, improving the lighting; however, the 1500 block of Main Street is incredibly dark; that the trees are encapsulating the lights. C. stated that yesterday in the median between US 41 and Gulf Stream Avenue she noticed banners tied between two trees regarding a church service; that a question is if the City allows people to use public space to display banners; that the situation should be reviewed before every group in the City begins to hang banners in public space; that the banner seen was displayed by the Church of the Redeemer; that if the Church of the Redeemer received permission is not known. D. stated that a question is the time by which the results of the Downtown Parking Study will be received? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the results are scheduled for the end of December 2004 or the beginning of January 2005; that realistically, the results will come before the Commission in the beginning of January 2005. Vice Mayor Servian asked if a separate meeting or a workshop to discuss the results will be scheduled or if the discussion will be part of a Regular Commission meeting? Mr. Schneider stated that an answer is not known at this time; however, the expectation is a separate workshop will be scheduled. Vice Mayor Servian stated that a significant number of merchants on Main Street have indicated no one asked them any questions prior to completing the Downtown Parking Study; that a blanket invitation may have been extended to the Main Street Merchants; that the thought is people who were involved would have been asked questions and heavy users such as restaurants and coffee shops would have been consulted but were not; that an explanation of the process is requested; that taking a second look at the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) concerning parking requirements is necessary; that the City is requiring 1.5 parking spaces per residential unit developed which will be woefully short; that the City will have a deficit of parking in relation to the new construction; that buildings will be constructed and people will not be able to get into the City and park. Vice Mayor Servian continued that discussions were held with an individual undertaking a condominium development; that a question regarding the location of overflow parking for people owning two vehicles was posed to the developer; that the developer informed her not to worry since a valet service was being provided; that the developer was asked the location to which the vehicles would be taken and parked; that the response was: "whereever we can." Vice Mayor Servian further stated that the valet service will be parking vehicles in public parking; that the City is not providing sufficient parking; that a request is to have the Commission's consensus for the Administration to review the situation before a serious problem begins. Mayor Martin stated that the logic is no developer would construct a building without at least two parking spaces per unit; that otherwise, marketing and selling the units would be difficult. Vice Mayor Servian stated that regardless, the units are being marketed and sold. Mayor Martin stated that purchasing a unit without having two parking spaces guaranteed is amazing. Vice Mayor Servian stated that at the outset individuals are informed a second parking place can be purchased; that the individuals are eventually informed purchasing a second parking place is not necessary since a valet service will be provided, which is a serious concern; that none of the new developments coming on line in the Downtown have provided two parking spaces per unit; that some commercial users are applying for parking BOOK 58 Page 29348 12/06/04 2:30 P.M. BOOK 58 Page 29349 12/06/04 2:30 P.M. permits to supplement available parking; that the problem is serious and cannot be ignored; that people are asking for permits to park outside of a new building under construction. City Manager McNees stated that many portions of the Downtown Code are theoretical and must be closely monitored; that the amount of retail is an issue which has been widely discussed; that the theory of 1.5 parking spaces was an initial concern; that the thought was the market may determine the need for parking; however, early evidence clearly indicates the market is not dealing with the parking issue; that Vice Mayor Servian's point is well taken; that the City would be well advised to review the situation; that the developer is paying approximately $17,000 to $20,000 to develop each parking space; that rather than spending $17,000 to $20,000 for an additional parking space, the developer would likely prefer to expend the money toward a resalable commodity such as a condominium; that the Commission believed the market would drive the need for parking and developers would provide sufficient parking. Commissioner Palmer stated that the rationale behind the Commission's determination the market would drive the need for parking was made due to the concept of mixed use; that the thought was parking would be utilized at different times of the day and thus available; that the situation must be revised if not working. City Manager McNees stated that overflow parking within the public parking structures was also discussed; that the City must correctly reconcile the parking overflow demand and determine if the numbers are being accurately brought into the estimates for the public parking structures; that part of the philosophy is adding the additional parking becomes a municipal responsibility if the developer is relieved of the responsibility, that in practicality, the City must determine the parking is working in the manner anticipated. Vice Mayor Servian stated that commercial parking spaces in mixed use buildings should become available after a certain time at night; that a few of the projects only have retail and residential uses; that the retail use will go on until 9:00 p.m. or 10:00 p.m. at night; that the residents would prefer being home in their condominiums for the evening rather than searching for parking spaces at that time; that having the discussion at this time is good. Mayor Martin stated that the Commission seems to agree by consensus the Administration should review the parking situation and report back to the Commission or to the Community Redevelopment Agency (CRA) as necessary. Commissioner Palmer stated that the review should go beyond the parking issue; that the issue of trolleys and mass transit of some sort in the Downtown should also be reviewed; that she, Mayor Martin, and the City Manager visited Chattanooga, Tennessee; that Chattanooga has park and ride systems with parking structures at either end of the main thoroughfare; that people can park and easily ride into the downtown; that a review of the parking issue should include the transit system; that parking and transit should work together; that the problem cannot be totally solved by having a specific number of parking spaces for each residential unit; that the goal is to have a pedestrian friendly Downtown and to encourage less vehicles; that having less vehicles and more activity on a good transit system which people would be willing to ride from point to point is the goal. Mayor Martin stated that the hope is the Downtown Parking Study will incorporate a transit system; that the entire scope of the Downtown Parking Study is not recalled; however, the expectation is the Downtown Parking Study will incorporate transit. Vice Mayor Servian stated that the residential portion of the parking requirement is of most concern; that people who purchase the condominiums but do not have two parking spaces will not park and leave vehicles somewhere else and ride a trolley into town; that a contribution from the developers to assist the City with constructing public parking is necessary if developers do not provide adequate parking in their structure. Commissioner Palmer stated that a concept of Andres Duany, Principal, FAIA, Duany Plater-Zyberk & Company (DPZ), was for a shared parking facility; that the concept was the private sector could contribute to a public parking structure or provide mixed use in another location. Vice Mayor Servian stated that people in the community are accustomed to parking in driveways in front of their home or in their buildings; that she has worked and lived in large cities; that having a parking space within three or four blocks of where a person lives is considered lucky; that people are accustom to having to carry groceries for three or four blocks; that the atmosphere in the Downtown is different; that people will not walk for three or four blocks carrying groceries in 95 degree BOOK 58 Page 29350 12/06/04 2:30 P.M. BOOK 58 Page 29351 12/06/04 2:30 P.M. Cemperatures, especially considering the age of the City's population. MAYOR MARTIN: A. stated that according to the Commission's direction at the November 15, 2004, Regular meeting, the Deputy City Manager has negotiated with the Downtown Partnership of Sarasota, Inc. (Downtown Partnership) to renew the option regarding the Farmers Market; that some confusion existed during the discussion regarding the ability to option one year extensions; that some discussion was the option was specific to the Pineapple Avenue site; that the majority of the Commission was interested in providing opportunities for others to make a case for management of the Farmers Market; that a request is for City Attorney Fournier and Deputy City Manager Schneider to provide an update. Deputy City Manager Schneider stated that the Administration is in the process of negotiating with the Downtown Partnership; that the usage permit which was originally approved in February 2004 was done administratively with authority granted to the City Manager; that the amendment, which is the actual document being proposed, would also be executed administratively; however, negotiations have not yet reached the specific point. City Attorney Fournier stated that the Downtown Partnership has a valid option to renew; that a provision also exists in the permit which provides for a 60 day right of termination by either party without cause; that the permit expires February 21, 2005; that prior to December 21, 2004, which would be 60 days prior to the termination of the permit term, the City would attempt to negotiate the terms of the renewal with the Downtown Partnership pursuant to the option; that if the terms of the renewal were not negotiated, the City would terminate the lease with 60 days notice on February 21, 2005. City Attorney Fournier continued that during discussions after the November 15, 2004, Regular meeting, he indicated he had been contemplating one way to construe the permit, which was to make the permit site specific to Pineapple Avenue; that the problem would be two Downtown Farmers Markets could exist if the Downtown Partnership desired to renew at the Pineapple Avenue site; that he spoke to Michael Connolly, Attorney, City Attorney's Office, who drafted the permit; that Attorney Connolly indicated some discussion took place concerning making the permit part of the term at Pineapple Avenue in anticipation of returning to Lemon Avenue prior to expiration of the term; that the location was just one of the variables which could be negotiated; that the permit is not necessarily construed as site specifici that the permit is to operate a Farmers Market in the Downtown; that the location of the operation is one factor among many for negotiation on renewal. Commissioner Palmer stated that she has been receiving some electronic mail (email) and questions from some of the Farmers Market vendors; that the indication is some of the vendors have no interest in moving back to the Lemon Avenue Mall site; that others are indicating the Lemon Avenue Mall site is preferable; that the Commission has already taken action; and asked if any Commissioner is aware of the existing conflict? Vice Mayor Servian stated that the Farmers Market is attended each Saturday; that she has indicated to every vendor the relocation to Pineapple Avenue was temporary due to the construction and the Farmers Market would move back to Lemon Avenue upon completion of the construction; that the Commission voted to move the Farmers Market back to Lemon Avenue. Commissioner Palmer stated that some indecision or lack of clarity exists on the part of some of the vendors; that emails are being received indicating indecision, which does not make sense if everyone understood the circumstances; that she informed the vendors the Commission has already voted to bring the Farmers Market back to Lemon Avenue; that the decision stands unless the Commission makes a change, which is not anticipated; that for some reason, pressure exists to remain at Pineapple Avenue; that the intent is to determine if the Commission's decision to move the Farmers Market back to Lemon Avenue remains solid. D. stated that the sunken vessel off Lido Key at New Pass has received significant attention; that another boat has been damaged as a result of collision with the sunken vessel; that sunken vessels are a County and State responsibility; however, the boats are sunk in City waters; that the problem should not be ongoing if $15,000 is the only amount necessary to remove the vessel; that a question is if the City can loan the County $15,000 to remove the vessel; that the manner in which to address the situation is a concern; that having sunken vessels remain for extended periods of time is ridiculous. BOOK 58 Page 29352 12/06/04 2:30 P.M. BOOK 58 Page 29353 12/06/04 2:30 P.M. City Manager McNees stated that the issue cannot be sO complicated even if involving governmental agencies; that he will contact James Ley, County Administrator, regarding the issue. Mayor Martin stated that the situation is sad. City Manager McNees stated that the boat owner who ran into the sunken vessel would gladly have paid $20,000 to have the sunken vessel removed. Mayor Martin stated that contacting County Administrator Ley regarding the situation is appreciated; that the City must step forward and be responsive regarding sunken vessels regardless of the jurisdiction responsible for removing the vessels. Commissioner Palmer stated that the signage warning mariners of the sunken vessel is apparently attracting people to rather than warning people away from the area; that the US Coast Guard or whoever has control over notifying mariners of the danger should post clear signage indicating a vessel is submerged and boaters should stay awayi that posting a sign which is understandable and will not attract people toward the area is necessary. City Manager McNees stated that an owner of an $800,000 vessel is aware of the difference between a shoal marker and a channel marker. 10. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVII) CD 4:12 through 4:22 CITY AUDITOR AND CLERK ROBINSON: A. stated that Board Appointments will be placed on the Agenda of the December 13, 2004, Regular Commission meeting; that a licensed, general or building contractor is needed on the Board of Rules and Appeals; that four citizens-at-large are needed; that only one application has been received; that three more citizens-at-larye are needed as well as a licensed, general or building contractor; that Tom Luzier resigned from the Historic Preservation Board, sO appointing an attorney will be necessary; that the Chair, Christopher Wenzel, is not eligible for reappointment; that Mr. Wenzel was filling the seat for the local finance or business community person; that no applications have been received; that a memorandum will be provided to the Commission; that a City resident is needed for the Van Wezel Performing Arts Hall (VWPAH) Board; that one application has been received; that the applicant is a City resident; that a youth representative from the First Tee Program, who may be a member of the Students Taking Active Roles (STAR) in Sarasota County program, is needed for the Bobby Jones Golf Complex (BJGC) Advisory Board; that the positions for the other City Boards can be filled; that the majority are reappointments; that two vacancies exist for art experts on the Public Art Committee; that three applications have been received from art experts. Commissioner Palmer requested that the list of applicants be included in the Agenda backup material for the December 13, 2004, Regular meeting. B. stated that the National League of Cities Conference was attended with Commissioner Bilyeu in Indianapolis, Indiana; that Commissioner Bilyeu accepted the award presented to the Information Technology (IT) Department from the Digital Group for being the ninth best digital city in the Country; that the award will be presented at the December 13, 2004, Regular Commission meeting. Commissioner Palmer asked if dates have been scheduled for joint meetings with the Town of Longboat Key and the Sarasota Board of County Commissioners (BCC)? Mayor Martin stated that the joint meeting with the BCC will be January 31, 2005. City Auditor and Clerk Robinson stated that the Town of Longboat Key has been given dates; however, a response has not been received. Commissioner Palmer stated that the Mayor of the Town of Longboat Key has indicated communication regarding a joint meeting is not being received; that the Mayor has indicated a willingness to schedule a joint meeting. City Auditor and Clerk Robinson stated that he will follow up. CITY MANAGER MCNEES: BOOK 58 Page 29354 12/06/04 2:30 P.M. BOOK 58 Page 29355 12/06/04 2:30 P.M. A. stated that the County's water quality monitoring of beach facilities has revealed some issues over the summer requiring closure of beaches; that one of the issues is high levels of Fecal Coliform at the Bird Key Park Beach; that a high level of Fecal Coliform has been detected and is consistent; that significant wind surfing activities take place at Bird Key Park Beach; that many people use the area for launching wind surfers; that a significant amount of dog activity also takes place at Bird Key Park Beach; that the theory is the dog activity is the source of the contamination; that next to the County signs which indicate "no dogs allowed" are the City's signs which indicate "please pick up after your dogs", which creates a conflict; that more aggressive enforcement regarding the rule of "no dogs allowed" is anticipated based on the water quality analysis; that the City must ensure the signs are not conflicting; that all the issues are going through a County public hearing process to determine the best method to address the beach Closures and water quality; that a December 16, 2004, public meeting will be held; that anyone interested in the issues is welcome to attend; that some stronger enforcement regarding the dog situation may take place; that something should be done due to the human activity in the area; that the Administration will remain involved; that James Ley, County Administrator, informed him of the issue of the necessity for increased enforcement. Commissioner Palmer stated that a discussion took place during the Tourist Development Council (TDC) meeting regarding turtles and problems with lights on the beach; that one of the cities in the County has the same requirements as the County; and asked if the City of Sarasota has light restrictions during turtle hatching season? Mayor Martin stated absolutely; that shields are used to obscure the lighting. Commissioner Palmer asked for clarification regarding entorcement. City Attorney Fournier stated that a change is proposed; that discussions have been held with the Planning and Redevelopment Department; that the County's Ordinance which the City follows does not address the lighting regarding turtles; that some affirmative action on the part of the City to opt in to whatever amendment is enacted is necessary; that the amendment is scheduled for public hearing sometime soon; that the amendment would apply to hotels and condominiums on Lido Beach. Vice Mayor Servian stated that a couple of people have recently requested information regarding the City's dog leash law; and asked for clarification. City Manager McNees stated that the City's regulations provide the dog must be in a person's direct contro, which does not necessarily mean a leash. Mayor Martin stated that a dog is not required on a leash if under voice control. City Manager McNees agreed. Vice Mayor Servian stated that some people in the Laurel Park neighborhood are having a problem with neighbors' dogs running loose; that young children are in the area; that a leash law should perhaps be addressed; however, the suggestion is to include information in utility bills sO people are aware of the requirements regarding dogs; that people may not understand; that the people with whom she spoke were not aware of any rules regarding dogs; that a public information notice in a utility bill could help. Commissioner Palmer stated that the idea is excellent; that the same complaint has been heard in the Belleview Terrace neighborhood as well as others; that people have indicated fear of allowing children outside to play due to loose dogs; that the dogs are owned by people living in the neighborhood and are not wild. Vice Mayor Servian asked if the City has any bans on particular breeds of dogs? Mayor Martin stated no. Vice Mayor Servian stated that one of the people raising the issue concerning loose dogs in the neighborhood indicated the loose dog was a Pit Bull Terrier; that a three year old child in the street experienced terror while the dog barked and nuzzled her; that certain breeds of dogs could be more violent than others; that the dogs may not be violent but have the potential for more violence than other breeds; that the issue is being raised to avoid a future incident. The Commission recessed at 4:22 p.m. and reconvened at 6:00 p.m. BOOK 58 Page 29356 12/06/04 2:30 P.M. BOOK 58 Page 29357 12/06/04 2:30 P.M. Mayor Martin recognized former Mayor David Merrill and former Mayor Carolyn Mason present in the Chambers audience. 11. COMMISSION PRESENTATION RE: PROCLAMATION FOR ALTA VISTA ELEMENTARY SCHOOL 50"H ANNIVERSARY (AGENDA ITEM XII-2) CD 6:00 through 6:10 Mayor Martin requested that Constance White-Davis, Principal, Alta Vista Elementary School join him and the Commission at the Commission table for the presentation; and read in its entirety the Proclamation recognizing the 50th Anniversary of the Alta Vista Elementary School. Ms. White-Davis, Joyce Sichs, Sheila Atkins, and other Alta Vista Elementary School Staff came forward. Ms. White-Davis stated that the recognition is appreciated; that five long difficult years were required to obtain the A School designation; that the school staff is thanked for the determination. Mayor Martin stated that last year his wife had the privilege of being the speech language pathologist for several months at Alta Vista Elementary School; that the wonderful spirit and leadership was reported. Ms. White-Davis stated that Commissioner Atkins's wife, Sheila, is currently on the Alta Vista Elementary School staff. 12. COMMISSION PRESENTATION RE: : EMPLOYEE OF THE MONTH FOR NOVEMBER 2004, JERRY DAWSON, / UTILITIES MECHANIC I, UTILITIES DIVISION (AGENDA ITEM XII-1) CD 6:10 through 6:17 Mayor Martin requested that William Hallisey, Director of Public Works, and Jerry Dawson, Utilities Mechanic I, Utilities Division, and Employee of the Month for November 2004, come before the Commission. Mr. Hallisey stated that introducing Jerry Dawson is a pleasure; that Mr. Dawson has distinguished himself over the four years working with the City as a Utility Mechanic in the wastewater collection system; that Mr. Dawson works behind the scenes and is always available 24 hours daily, 7 days weekly; that Mr. Dawson's immediate supervisor, Jesse Hubbard, was asked the reason Mr. Dawson was nominated for Employee of the Month; that Mr. Hubbard indicated Mr. Dawson is a team player; that Mr. Dawson has a customer service focus on external customers and fellow employees; that Mr. Dawson's hard work is appreciated. City Manager McNees stated that during a visit to the break room at the utility plant to present the notification of the Employee of the Month award, he noticed the break room was spotlessly clean; that while waiting for him to arrive, Mr. Dawson cleaned the break room; that a common occurrence is meeting people who work for the City who make him proud; however, an unusual occurrence is to meet a person such as Mr. Dawson who makes him humble; that Mr. Dawson's hard work is appreciated. Mayor Martin stated that the City is loved; that City employees love to provide service to the citizens; that recognizing employees is pleasing; that finding people to recognize is pleasing; that the City has excellent employees which is not surprising; that the positive stories are impressive; and presented Mr. Dawson with a City-logo watch, a plaque, and a certificate as the November 2004 Employee of the Month in appreciation of his unique performance with the City of Sarasota. Mr. Dawson stated that receiving the Employee of the Month award is a blessing; that he loves to help people; that receiving the award is appreciated; and recognized his wife, Angie, daughter, Latisha Behn, granddaughters Dominique Thomas, Desiree Thomas, De'Janerra Green, mother-in-law, Catherine Redden, and his tutor, John Newcomber and his tutor's wife present in the Chambers audience. 13. SCHEDULED PRESENTATIONS RE: : PRESENTATION RE: SARASOTA ARTS COUNCIL - REFERRED THE REQUEST FOR $4,000 OF IN IN-KIND SERVICES FOR FEES TO THE ADMINISTRATION TO BRING BACK A SPECIAL APPROPRIATION OF $4,000 FOR ARTS DAY (AGENDA ITEM XIII) CD 6:17 through 6:27 Patricia Caswell, Executive Director of the Sarasota County Arts Council, came before the Commission and stated that the Plans for Arts Day and fun facts regarding the arts will be presented; that the Sarasota Arts Council has performed significant research in the past yeari that one study concerned the social impact of the arts; that a second study was the economic impacts of the arts; BOOK 58 Page 29358 12/06/04 2:30 P.M. BOOK 58 Page 29359 12/06/04 2:30 P.M. that the social impact study was performed by the Pugh Charitable Trust, The Urban Institute, and six organizations in Sarasota; that the economic impact study was performed by the Americans for the Arts of Washington, DC, and the Georgia Institute of Technology. Ms. Caswell distributed copies of the Sarasota Arts Council Summary: Sarasota County Nonprofit Arts Organizations 2002 and stated that the social impacts are the arts in Sarasota are attended by seven out of ten residents from all walks of life; that only four out of ten attend the arts throughout the US; that the arts are affordable and often free in the City; that 20 percent of admissions to the arts in Sarasota are free in the City; that people of all ages and income levels attend the arts in the City shattering the myth the arts in the City, are for the elite. Ms. Caswell continued that the economic impact is $123 million infused into the local economy annually; that the arts industry provides approximately 3,000 full-time jobs; that visitors attending the arts expend $31 million over the cost of admission; that the arts generated $5.5 million in local government taxes and fees. Ms. Caswell further stated that approximately 30,000 people attend Arts Day; that activities are provided for the very young to the very old; that over 1,000 visual and performing artists participate in Arts Day; that the artists are all local; that no artists are imported; that over 400 volunteers work on Arts Day; that 80 pertormances are conducted on 12 stages; that five outdoor stages provide for a school stage for young people to perform, a jazz stage and an international stage with Latin, Eastern European, and Folk Music and a main stage exist; that seven indoor venues include The Sarasota Opera, the Golden Apple Dinner Theatre, and the three Florida Studio Theatre stages; that the Downtown business owners have enthusiastically agreed to close the Downtown streets on Arts Day; that enthusiasm describes Arts Dayi that tangible civic pride is apparent during Arts Day events; that the Chairman, Mayor Martin, has been supportive in garnering support for Arts Day. Ms. Caswell distributed copies of the Sarasota County Arts Council 2005 Arts Day Budget and stated that the total cost of Arts Day is $132,000; that Arts Day is a service to the community; that Arts Day is not a fundraiser; that the anticipation is Arts Day for the current year will require a $44,000 subsidy; that the Sarasota Arts Council has an operating budget of $500,000 to $600,000 and subsidizes Arts Day; that a request is for an in-kind contribution by relief from the fees for police services, barricades, and electricity. Commissioner Palmer asked the dollar amount requested? Ms. Caswell stated that the fees would total $4,300; that $4,000 would be appreciated. Commissioner Palmer stated that the request should be referred to the Administration to bring back a special appropriation of $4,000 for Arts Day. Vice Mayor Servian agreed. Mayor Martin stated that hearing no objections, the consensus is to refer the request to the Administration to bring back a special appropriation of $4,000 for Arts Day. Vice Mayor Servian stated that Arts Day is a significant economic generator for the Cityi that the $4,000 will be recaptured with the amount of economic development Arts Day brings; that the Sarasota Arts Council is an excellent service to the community. Ms. Caswell stated that the support is appreciated. Mayor Martin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. BOOK 58 Page 29360 12/06/04 2:30 P.M. BOOK 58 Page 29361 12/06/04 2:30 P.M. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 04R-1799, REVISING THE AMENDED AND RESTATED CITY OF SARASOTA COMMUNITY REDEVELOPMENT PLAN ADOPTED BY RESOLUTION 01R-1336 (A/K/A "CITY OF SARASOTA DOWNIOWN MASTER PLAN 2020") IN ORDER TO PROVIDE SPECIFIC AUTHORIZATION FOR THE EXPENDITURE OF TAX INCREMENT REVENUES TO ASSIST IN THE PROVISION OF AFFORDABLE HOUSING AND TRANSIT FACILITIES, TO DEVELOP AND IMPLEMENT COMMUNITY POLICING INNOVATIONS, TO ENHANCE PUBLIC PARKS; TO FUND PUBLIC WORKS MAINTENANCE PROJECTS; AND TO ASSIST HISTORIC PRESERVATION EFFORTS WITHIN THE DESIGNATED COMMUNITY REDEVELOPMENT AREA; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM XIV-A-1) CD 6:27 through 6:49 Mayor Martin opened the public hearing and stated that the item is a public hearing concerning proposed Resolution No. 04R-1799 revising the amended and restated City of Sarasota Community Redevelopment Plan adopted by Resolution No. 01R-1336, also known as the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020). City Attorney Fournier stated that proposed Resolution No. 04R-1799 is an amendment to the Downtown Master Plan 2020 which is the guide to the Commission when sitting as the Community Redevelopment Agency (CRA) in redevelopment efforts; however, under the Florida Statutes, the Commission rather than the CRA has the final authority to adopt and to modify the Community Redevelopment Plan; that proposed Resolution No. 04R-1799 would modify the Community Redevelopment Plan to provide authorization for the expenditure of Tax Increment Financing (TIF) funds in the following six areas: 1. Affordable housing; 2. Community policing innovations; 3. The maintenance and enhancements of public parks; 4. Public works maintenance projects; 5. Transit operations and facilities; and 6. Historic preservation. City Attorney Fournier continued that the expenditures for the indicated items would be confined to expenses incurred within the boundaries of the Community Redevelopment Area originally delineated in 1986; that proposed Resolution No. 04R-1799 does not involve any expansion of the boundaries of the Community Redevelopment Area; that the CRA and the Commission are authorized to expend TIF funds in the Community Redevelopment Area; however, the expenditures must be authorized by the Florida Community Redevelopment Act either explicitly or implicitly and expended in the furtherance of the goals of the Community Redevelopment Plan; that the thought was the Community Redevelopment Plan was not sufficiently specific in each of the six areas to provide the necessary authorization for expenditure of TIF funds. City Attorney Fournier further stated that proposed Resolution No. 04R-1799 has been presented to the Community Redevelopment Agency Advisory Board, the Planning Board/Local Planning Agency (PBLP), and the Community Redevelopment Agency; that the PBLP held a public hearing and determined proposed Resolution No. 04R-1799 is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that proposed Resolution No. 04R-1799 as originally conceived authorized expenditures in four of six areas; however, the addition of the transit and operation facilities was recommended by the CRA Advisory Board and the addition of historic preservation was recommended by the CRA. City Attorney Fournier stated further that the affordable housing component is restricted to housing for low income which includes extremely low and moderate income residents of the Community Redevelopment Area and can include both owner-occupied and rental housing; that the Florida Statutes do not define low income or moderate income; that definitions in the context of the City's Affordable Housing Trust Fund Ordinance were used; that for example, a low income household is a household in which the annual income is greater than 30 percent but less than 50 percent of the median family income in Sarasota County adjusted for family size; that extremely low income would be below 30 percent; that moderate income would be between 50 percent and 80 percent. Commissioner Atkins asked the dollar amount of the incomes indicated? City Attorney Fournier stated that income of community policing innovations would be $40,000 and below; and continued that community policing innovations is a Florida statutory term; that the definition in proposed Resolution No. 04R-1799 is consistent with the Florida Statutes; that code enforcement activities are incorporated; that the expenditure of TIF funds is authorized to prevent the spread of blight into areas which are free from blight BOOK 58 Page 29362 12/06/04 2:30 P.M. BOOK 58 Page 29363 12/06/04 2:30 P.M. through the diligent enforcement of housing, building, and zoning codes. City Attorney Fournier further stated that a provision in the Community Redevelopment Act indicates public parks and public infrastructure are important to the residents of the Community Redevelopment Area sO by implication the maintenance of the facilities is important; that proposed Resolution No. 04R-1799 authorizes maintenance of public parks and infrastructure; however, any capital projects for which TIF funds are spent must be specifically identified in the Community Redevelopment Plan which is the reason ongoing maintenance and enhancement are addressed. City Attorney Fournier further stated that the Downtown Master Plan 2020 is based on the concept of new urbanism which suggests a mixture of varied land uses within a densely developed but pedestrian friendly environment and encourages dependable and economical public transportation; that transit expenditures are consistent with the Downtown Master Plan 2020; that transit expenditures are included in proposed Resolution No. 04R-1799. City Attorney Fournier stated further that indicating the expenditure of TIF funds for historic preservation in the Community Redevelopment Area must be consistent with the City's Comprehensive Plan is important; that the definition of historic preservation is consistent with the definition in the City's Comprehensive Plan. Vice Mayor Servian stated that a list was prepared of all the taxing authorities which were notified of the additions; and asked if any comments were received? City Auditor and Clerk Robinson stated no. Vice Mayor Servian asked if lack of comment indicates assent? City Attorney Fournier stated yes. City Manager McNees stated that he had a conversation with James Ley, County Administrator, who indicated the County will adopt a similar amendment to the Community Redevelopment Plan. City Attorney Fournier stated that Mr. Ley may have been referring to the authority conferred by the County upon the City which was generally phrased to allow the City to exercise all powers consistent with the Community Redevelopment Act; that the County may not be required to adopt any changes to the existing language of the authority granted; that notification to School Districts is not required under the Florida Statutes. The following person was signed up to speak: Jon Susce, 2568 Tenth Street (34237), stated that proposed Resolution No. 04R-1799 provides specific authorization for the expenditure of TIF funds to assist in the provision of affordable housing; that the question is if the amendment is in response to the Florida Statutes which indicate the Community Redevelopment Agency must coordinate with each housing authority or affordable housing entity functioning within the geographical boundaries of the redevelopment area concentrating development of affordable housing in the area; that an element of residential use must be provided in the redevelopment area if such use exists in the area prior to the adoption of the plan or the plan intends to remedy a shortage of housing affordability to residents of low and moderate income; that the methods to develop affordable housing in the area or the reasons for not addressing the development of affordable housing in the area must be included in the plan. City Attorney Fournier stated that Mr. Susce quoted from the Florida Community Redevelopment Act which indicates affordable housing must be a component of the Community Redevelopment Plan, i.e., the Downtown Master Plan 2020, or the reasons affordable housing is not be included must be explained; that the Community Redevelopment Act provides the statutory authorization for the Commission to amend the Downtown Master Plan 2020. Mr. Susce stated that the City's first Community Redevelopment Plan was adopted in 1986. City Attorney Fournier stated that is correct. Mr. Susce asked the reason affordable housing was never addressed in the past? City Attorney Fournier stated that an answer is not known. Mayor Martin stated that the current Commission is interested in having opportunities available to use TIF funds for other initiatives including affordable housing. Mr. Susce stated that the only circumstance in which TIF funds may be expended on affordable housing outside the Community BOOK 58 Page 29364 12/06/04 2:30 P.M. BOOK 58 Page 29365 12/06/04 2:30 P.M. Redevelopment Area is to provide for the relocation of displaced residents of the Community Redevelopment Area; that affordable housing cannot be developed outside the Community Redevelopment Area with TIE funds. City Attorney Fournier stated that TIF funds must be expended within the boundaries of the Community Redevelopment Area; that the only exception is if residents are displaced by new construction and are relocated outside. Commissioner Palmer stated that using TIE funds to offset costs of Downtown entertainment events should be considered by the various advisory boards; that the advisory boards can report back to the Commission with recommendations. City Attorney Fournier stated that the use of TIF funds to offset the costs of events could be the subject of a future amendment. Vice Mayor Servian stated that a question is if a specific amendment is required as TIF funds can be used for community policing, public works, parks, etc. City Attorney Fournier stated that to the extent the expenses are directly related to allowable expenditures, an additional amendment is not required. Vice Mayor Servian stated that a concern is every entertainment venue will be requesting TIF funding if an allowable expense; that only venues which add to the economic development of the Downtown rather than just an event should receive TIF funds. Mayor Martin stated that proposed Resolution No. 04R-1799 provides the latitude to allow for certain event-related expenditures. City Attorney Fournier stated that expenses relating to community policing innovations is an authorized expense. Mayor Martin stated that a percentage of TIF funds or a limitation should be established. Commissioner Palmer concurred and stated that a maximum amount of funding should be established; that the language in proposed Resolution No. 04R-1799 does not provide for establishing a maximum; that public works projects are addressed regarding maintenance of existing utilities and transportation infrastructure, etc.; that placing barriers for parades is not addressed. City Attorney Fournier stated that some expenses may not be covered while others may. Commissioner Palmer that the suggestion is an evaluation by the Planning Board/Local Planning Agency (PBLP) and the CRA Advisory Board; that a maximum amount of funding should be established which should only be allowed for free events occurring in the Community Redevelopment Area; that otherwise the funds will be appropriated from the General Fund; that events in the Community Redevelopment Area should be supported by TIF funds. Commissioner Atkins stated that finally having funds for redevelopment is pleasing; that a concern is providing funds for the arts in the future; that the desire is to build some affordable housing and provide suitable employment opportunities; that funding additional entities is not supported. There was no one else signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 04R-1799 by title only. On motion of Commissioner Atkins and second of Vice Mayor Servian, it was moved to adopt proposed Resolution No. 04R-1799. Commissioner Atkins stated that the issue has been a long time coming; that significant discussion has occurred in the past; however, no funds were ever available sO no affordable housing projects were contemplated with a commitment of TIF funds; that now the TIF fund will have money to encourage people to think about affordable housing in the TIF District. Vice Mayor Servian concurred and stated that the initiative is not new; that the issue has been discussed for a long time; that the opportunity exists in the near future to do something meaningful regarding affordable housing in the TIF District which is pleasing. Commissioner Palmer stated that proposed Resolution No. 04R-1799 is consistent with the concept of the development from the beginning; that the idea was to engineer some community economic development in the Downtown to create the kind of vitality which would encourage people to live in the Downtown; that until BOOK 58 Page 29366 12/06/04 2:30 P.M. BOOK 58 Page 29367 12/06/04 2:30 P.M. recently, only 16 dwelling units existed in the core of the Downtown; that the attempt is to encourage more people to live in Downtown; that the time is perfect to develop mixed income workforce housing as well as luxury housing in the Downtown; that a mix is required as only luxury housing in a downtown area will diminish the downtown area; that a downtown area will fade away if a mixture of people in different age groups does not exist to work, play, and enjoy themselves in the Downtown; that proposed Resolution No. 04R-1799 is important; that the Commission, the CRA, and the advisory boards are commended for bringing the issue forward; that the time is right to move forward. Mayor Martin agreed and stated that proposed Resolution No. 04R-1799 is momentous and pleasing; that the use of TIF funds to provide incentives for the development of affordable housing should be addressed in the next couple months. Commissioner Palmer stated that the responsibility has been given to the CRA Advisory Board to begin the process regarding use of TIE funds for affordable housing. Mayor Martin stated that affordable housing will be addressed through the Evaluation and Appraisal Report process as well. Commissioner Palmer stated that the City is working with the County also regarding affordable housing; that many things are in the balance and coming together at this time which is appropriate. Mayor Martin called for a vote on the motion to adopt proposed Resolution No. 04R-1799 and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Atkins, yes. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 05-4591, AMENDING THE SARASOTA CITY CODE, CHAPTER 23, PEDDLERS AND SOLICITORS, ARTICLE I, IN GENERAL, SECTION 23- 3.6, COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT OF WAY sO AS TO EXTEND THE HOURS WITHIN WHICH COMMERCIAL VENDING IS PERMITTED ; ETC. (TITLE ONLY) PASSED ON FIRST READING; DIRECTED THE ADMINISTRATION TO PREPARE AN ORDINANCE TO EXTEND VENDING HOURS TO 6:00 A.M. (AGENDA ITEM XIV-A-2) CD 6:49 through 7:10 Mayor Martin opened the public hearing regarding proposed Ordinance No. 05-4591 amending Chapter 23, Peddlers and Solicitors, Sarasota City Code (1996 as amended). V. Peter Schneider, Deputy City Manager, came before the Commission and stated that proposed Ordinance No. 05-4591 expands the hours for commercial vending from 8:00 a.m. to 9:00 p.m. to 8:00 a.m. to 12:00 midnight; that the request was made in September 2004 by Robert Elder who at the time had a hot dog stand across the street from the Hollywood 20 Theatre complex; that between the time of the request and the current public hearing, Mr. Elder has abandoned the site. Mayor Martin asked for clarification regarding the changes. Mr. Schneider stated that the change is to the hours during which commercial vending would be allowed; that the current ordinance allows vending from 8:00 a.m. to 9:00 p.m.i that the request is to sell hot dogs until 11:00 p.m. or 12:00 midnight to attract the crowd from the Hollywood 20 Theatre complex; that proposed Ordinance No. 04-4591 is written to allow vending until 12:00 midnight. Mayor Martin stated that the understanding is the person who secures the vending permit is the only person who can vend; that vending permits cannot be subcontracted nor can other employees be hired to use the vending permit. Mr. Schneider stated that is correct. Vice Mayor Servian stated that the proposed Ordinance would apply to all commercial vending; and asked if a list of allowable commercial vending is available and if the ramifications of vending until 12:00 midnight have been considered? Mr. Schneider stated that a list of commercial vending activities exists; that no commercial vendors other than hot dog vendors exist at this time. Mayor Martin asked the number of hot dog vendors? Mr. Schneider stated that nine or ten hot dog vendors operate in the City. City Attorney Fournier stated that the Zoning Code (2002 Ed.) addresses wares, merchandise, foodstuffs, beverages, etc. BOOK 58 Page 29368 12/06/04 2:30 P.M. BOOK 58 Page 29369 12/06/04 2:30 P.M. Vice Mayor Servian that a concern is the 12:00 midnight time and the effect on encouraging people to live Downtown. Mr. Schneider stated that the history of the proposed Ordinance is the Administration met with Mr. Elder and Staff; that Staff's recommendation was not to change the hours; that the Commission requested preparation of a proposed Ordinance to extend vending hours; that Staff is of the opinion 9:00 p.m. is adequate time for commercial vending activities. Mayor Martin asked if any unintended consequences would result if vending is allowed until 12:00 midnight? Mr. Schneider stated that 8:00 a.m. until 12:00 midnight is a long day; that a potential code enforcement problem is the person who obtains the vending permit will not be able to devote long hours to the job on a regular basis. Mayor Martin asked if hot dogs are sold at 8:00 a.m.? Mr. Schneider stated that the vendors set up at approximately 10:00 a.m. The following people were signed up to speak: James D'Esterre, P.O. Box 15966 (34277), came before the Commission and stated that he is a hot dog vendor; that the extended hours are good; that extended hours for the vendor across the street from the Hollywood 20 Theatre complex would provide an opportunity to make a better living. Mayor Martin asked for clarification regarding Mr. D'Esterre's hours of operation. Mr. D'Esterre stated that he begins at 8:00 or 9:00 a.m.; that allowing earlier hours may be good as most of his clients are construction workers and arrive as early as 6:00 a.m.; that each location has a unique clientele. Tammy Didio, 5585 Myakka Valley Trail (34241), stated that she has submitted an application as a vendor; that she is considering the location across from the Hollywood 20 Theatre complex and a location on Palm Avenue; that both locations are advantageous for her clientele; the she would set up at 3:00 p.m. and begin vending at 4:00 p.m. until 11:00 p.m. or 12:00 midnight; that the location near the Hollywood 20 Theatre complex has a more specific clientele; that the traffic is connected to the Hollywood 20 Theatre complex; that little business would be conducted during daytime hours; that she anticipates vending from 4:00 p.m. to 10:00 or 11:00 p.m. Mayor Martin asked if Ms. Didio will be vending hot dogs? Ms. Didio stated no; that she will sell mini-donuts; that mini- donuts are made in a small portable donut machine; that the machine is capable of making up to 200 dozen donuts hourly; that evening traffic will result in better success. Ed Wisbrun, 1370 Grand Boulevard (34232), stated that he is a hot dog vendor; that extending the hours is good; that economic opportunities in different locations exist for different times; that in the construction areas, a vendor will arrive early in the morning and leave in the early afternoon; that near the Hollywood 20 Theatre complex, a vendor will arrive late in the afternoon and leave late; that allowing the vendors to choose beneficial hours unique to the location and clientele is suggested; that extending the hours is recommended. Commissioner Palmer stated that traffic will vary in different places for different uses and different times; that a question is if extended vending could create problems for commercial properties which are in competition; and asked other items which could be vended? Mr. Schneider stated the following items may be sold: foodstuffs, beverages, wares, or any other items of merchandise from other than a structure which is permanently erected or constructed with a fixed location on or in the ground. Commissioner Palmer stated that the majority of the vendors in the City are food vendors. Mr. Schneider stated that is correcti that the vendors are hot dog vendors. Commissioner Palmer stated that vending could be limited to food and beverage to avoid other types of vending on the streets. Vice Mayor Servian stated that at different times of the year, certain wares which may be seasonal could be sold from a BOOK 58 Page 29370 12/06/04 2:30 P.M. BOOK 58 Page 29371 12/06/04 2:30 P.M. portable location; that a concern is if the term "beverages" includes alcoholic beverages. Mr. Schneider stated that alcoholic beverages are prohibited under an open container law. Commissioner Atkins stated that outside vending is part of the attempt to create vitality and energy in the Downtown. Commissioner Palmer agreed and stated that difficulties can be addressed later if any occur. Mayor Martin asked if a person indicates the items which will be sold on the permit application? Mr. Schneider stated that the product and location are indicated on the permit application; that the Building, Zoning and Code Enforcement Department monitors the vendors. Mayor Martin stated that extending the hours in the morning and at night is suggested. There was no one else signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4591 by title only. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 05-4591 on first reading. Commissioner Palmer stated that proposed Ordinance No. 05-4591 should be passed as written and the Administration directed to come back with an ordinance to allow for an earlier time to begin business. Mayor Martin asked for clarification regarding expenses and timing to prepare an additional ordinance compared to changing the current proposed ordinance. City Attorney Fournier stated that no significant expense or time will be associated with preparing an additional ordinance. Mayor Martin called for a vote on the motion to pass proposed Ordinance No. 05-4591 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Servian, yes; Atkins, yes; Martin, yes. Mayor Martin stated that the Commission's consensus is to prepare an ordinance to extend vending hours to allow commencement at 6:00 a.m. 16. FIRST PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4595, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM XIV-A-3) CD 7:10 through 7:11 Mayor Martin opened the public hearing regarding proposed Ordinance No. 04-4595 amending the budget for the fiscal year beginning October 1, 2004. Christopher Lyons, Deputy Director of Finance, came before the Commission and stated that Section 166.241 (3) (c), Florida Statutes, requires amending the budget by ordinance consistent with the original adoption; that the public hearing is to make three amendments to the fiscal year (FY) 2004/05 budget; that the amendments involve training for the Sarasota Police Department and utilization of the forfeiture funds by the Sarasota Police Department for vice and narcotics operations and investigative costs. There was no one signed up to speak and Mayor Martin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4595 by title only. On motion of Vice Mayor Servian and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 05-4595 on first reading. Mayor Martin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Servian, yes; Atkins, yes; Martin, yes; Palmer, yes. BOOK 58 Page 29372 12/06/04 2:30 P.M. BOOK 58 Page 29373 12/06/04 2:30 P.M. 17. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) CD 7:11 There was no one signed up to speak. 18. NEW BUSINESS: DISCUSSION RE: PRESENTATION RE: : INCLUDE IN THE NEXT CYCLE OF PROPOSED ZONING TEXT AMENDMENTS AN AMENDMENT TO ARTICLE VII, SECTION 106 (A) (10) TO ALLOW TEMPORARY CONSTRUCTION BANNERS AROUND PROJECT PERIMETERS - APPROVED SUBJECT TO RECEIPT OF INFORMATION AND RECOMMENDATION REGARDING PUBLIC SAFETY (AGENDA ITEM XVII-1) CD 7:11 through 7:18 Mayor Martin stated that the item concerns including an amendment to Section VII-106(a) (10), Temporary Construction Signs, Zoning Code (2002 Ed.), to allow a temporary construction banner around a project perimeter in the next cycle of proposed Zoning Text Amendments. Mayor Martin stated that the Metropolitan and San Marco projects have used a banner to cover the chain link fences to provide a more attractive construction zone; that at the time San Marco put up the banner, Building, Zoning and Code Enforcement Department Staff indicated the banner is not legal under the existing sign ordinance and asked removal of the banner; that the request is to include an amendment in the next cycle of proposed Zoning Text Amendments to allow similar construction banners. Vice Mayor Servian stated that Crime Prevention Through Environmental Design (CPTED) is an issue; that the banners are a violation of the CPTED principles; that in the evenings after the construction workers leave, the police cannot have a clear view of the activities on the site; that another issue is during the construction of the Plaza at Five Points the temporary sidewalk and temporary roof created a tunnel effect with no eyes on activities; that an elderly woman was accosted in the tunnel; that a dangerous precedent is being set; that the police would likely be against the recommendation. Commissioner Atkins stated that he had not considered the CPTED issue; that a concern is requiring a banner for construction sites; that he would support the recommendation if the screening allows visibility of the site; that being able to see activity on the sites is a concern. Mayor Martin stated that CPTED issues should be addressed; that the banners should not be advertising venues. Vice Mayor Servian stated that the banners are more aesthetically pleasing than chain link fences. Commissioner Palmer stated that the aesthetic quality of the projects under construction is poor; that Staff and the Sarasota Police Department should investigate the issue and report back. Mayor Martin stated that good points have been made. On motion of Commissioner Palmer and second of Mayor Martin who passed the gavel to Vice Mayor Servian, it was moved to include in the next cycle of proposed Zoning Text Amendments an amendment to Section VII-106(a) (10), Zoning Code (2002 Ed.) to allow temporary construction banners around project perimeters subject to receipt of information and a recommendation regarding public safety. Mayor Martin stated that considering the points noted and the questions asked, proceeding to determine if a solution exists to provide a more attractive construction zone is desired; that parameters should be established regarding the appearance of the banners, CPTED, and public safety issues. Vice Mayor Servian called for a vote on the motion to include in the next cycle of proposed Zoning Text Amendments an amendment to Section VII-106 (a) (10), Zoning Code (2002 Ed.) to allow temporary construction banners around project perimeters subject to receipt of information and recommendation regarding public safety. Motion carried 3 to 1: Atkins, yes; Palmer, yes; Servian, no; Martin, yes. 19. NEW BUSINESS: DISCUSSION RE: : NEWTOWN FRONT PORCH OFFICE REQUEST FOR PAYMENT OF CITY SERVICES OF $6,202 = DIRECTED THE ADMINISTRATION TO PREPARE A SPECIAL APPROPRIATION OF UP TO 5,202.80 FOR COMMISSION APPROVAL (AGENDA ITEM XVII-2) CD 7:18 through 7:27 Mayor Martin stated that the item is a request from the Newtown Front Porch Office for payment of City services of $6,202.80. Denise Copeland, Liaison, Mary Mack, Secretary, and Carolyn Mason, Chair, Newtown Front Porch Office, came before the Commission. BOOK 58 Page 29374 12/06/04 2:30 P.M. BOOK 58 Page 29375 12/06/04 2:30 P.M. Ms. Copeland stated that the request is the City absorb the outstanding cost from the Juneteenth celebration; that a mistake was made; that a lesson has been learned from the mistake; that the cost must be paid before a permit can be secured for the upcoming Unity Holiday Celebration which is scheduled for December 11, 2004. Ms. Mack stated that the initial budget for the Juneteenth celebration was approximately $10,000; that slightly over a $5,000 deficit occurred; that sufficient funds were not collected due to inexperience; that next year the budget will be doubled; that half of the City services were paid; that the City has committed to contribute $1,000. Mayor Martin stated that the Commission approved $1,000 toward the Juneteenth event. Ms. Mack stated that the request therefore is for $4,202.80. Commissioner Palmer stated that the understanding is the request is for the City to cover the outstanding bills of $4,202.80 as an appropriate estimate was not made; that requests for additional funds will not be made in the future. Ms. Mack stated that is correct. Ms. Copeland stated that the request is a one-time request. Mayor Martin stated that $1,000 of Front Porch funds are on deposit and an additional $1,000 is the appropriation made by the Commission. Ms. Mack stated that is correct. Vice Mayor Servian asked if the funds have been raised for the Unity Holiday Celebration? Ms. Mack stated that a grant was received from the City through the Neighborhood Grant Program for the Christmas tree and lights; that snacks, beverages, and music will be provided; and asked the cost of a permit for the event? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the understanding is the event will be held in Dr. Martin Luther King, Jr. Park and at the Newtown Community Center; that a permit may be required from the County; that no City permit is required. Mayor Martin asked if the event is in two locations? Ms. Mason stated that the Juneteenth event was in two locations; that the Unity Holiday Celebration will be only at the Newtown Community Center. Mayor Martin stated that the lights on the posts along the corridor of Dr. Martin Luther King, Jr. Way are exciting. Commissioner Palmer stated that as the request is for one time only and the Front Porch program is sO vital to the Newtown community, covering the $4,202.80 outstanding cost is supported; that a commitment has been made no additional requests for funds will be made. On motion of Commissioner Palmer and second of Commissioner Atkins, it was moved to direct the Administration to prepare a special appropriation of $4,202.80 to cover the costs of previous events for Commission approval. City Manager McNees stated that if $1,000 has been appropriated is not known; that authorizing the Administration to prepare a special appropriation of up to $5,202.80 may be wise. Commissioner Palmer, as maker of the motion, with the approval of Commissioner Atkins as the seconder, amended the motion to direct the Administration to prepare a special appropriation of up to $5,202.80. Commissioner Atkins stated that the need of the Front Porch Program was brought on by the willingness to save some of the community's special events; that the positive activities are appreciated; that alleviating the debt is thanks for the good work and encouragement to move forward with another special event. Vice Mayor Servian stated that the appropriation is supported; that having someone come forward, admit to making an honest mistake, take responsibility, and indicate the mistake will not happen again is refreshing; that the activities which are vital to the community are appreciated. Mayor Martin stated that a key to redevelopment is for the activities and events and people to come together to form a BOOK 58 Page 29376 12/06/04 2:30 P.M. BOOK 58 Page 29377 12/06/04 2:30 P.M. community; that the volunteer work for the events is appreciated. Mayor Martin called for a vote on the motion to direct the Administration to prepare a special appropriation of up to $5,202.80 for Commission approval. Motion carried unanimously (4 to 0): Atkins, yes; Martin, yes; Palmer, yes; Servian, yes. 20. NEW BUSINESS: DISCUSSION RE: : AUTHORIZATION TO SURVEY PROPERTY, INITIATE STREET VACATION PROCESS, AND NEGOTIATE AGREEMENT WITH NORTHERN TRUST BANK FOR THE LEMON AVENUE AND STATE STREET PROJECT - APPROVED (AGENDA ITEM XVII-3) CD 7:27 through 7:39 Mayor Martin stated that the item concerns authorization to survey property, initiate the street vacation process, and negotiate an agreement with Northern Trust Bank for the Lemon Avenue and State Street Project. John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission; referred to a diagram displayed on the Chambers monitors indicating the Lemon Avenue and State Street Project (project); and stated that the project is included in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) and is a municipal parking garage on State Street; that liner buildings will mask the Northern Trust Bank building; that a draft Request for Proposal (RFP) has been prepared; that City Attorney Fournier reviewed the draft RFP and made the following recommendations for Staff to: Obtain a survey of the property within the Lemon Avenue right-of-way; Commence the process for a street vacation for redevelopment of the property within the Lemon Avenue right-of-way; and Enter into negotiations with Northern Trust Bank officials regarding necessary changes to the bank's parking garage. Mr. Burg continued that the southwest corner of the Northern Trust Bank parking garage has an exit to Lemon Avenue; that the exit must be moved to the south side of the building; that an agreement must be negotiated and executed; that Staff has met with representatives of Northern Trust Bank three times regarding the project. City Attorney Fournier stated that a survey is necessary to better delineate the boundaries of the site for a prospective purchaser as the right-ot-way will no longer exist; that case law is property owned in fee or just as an easement which was once used for a street is held in trust for the benefit of the public; that for title insurance purposes, any prospective construction lender would want a final tangible document in hand indicating the City had no further intent to use the area for public right-ot-way. Mayor Martin asked the length of time necessary to issue an RFP? Mr. Burg stated that a financial consultant will be hired to address funds to build the garage and other issues of housing; that the RFP should be completed by late February or early March 2005. Mayor Martin asked for clarification regarding other issues of housing. Mr. Burg stated that developers can assist in determining the level of housing. Mayor Martin asked the location of the housing? Mr. Burg stated that housing would be located above the first floor retail of the liner buildings. Mayor Martin asked the depth of the project? Mr. Burg stated that the depth can vary up to 80 feet. Mayor Martin asked the height of the project? Mr. Burg stated that the Downtown Code indicates a maximum of ten stories; that one building can be ten stories with public parking spaces on the ground floor; that a four-story building with a 20 percent higher section to create a visual terminus looking down Lemon Avenue is envisioned. Vice Mayor Servian asked if exhaust fumes from the Northern Trust Bank garage are channeled toward Lemon Avenue? BOOK 58 Page 29378 12/06/04 2:30 P.M. BOOK 58 Page 29379 12/06/04 2:30 P.M. Mr. Burg stated that the garage is naturally ventilated on all four sides; that two sides of the liner building facing the garage will require four-hour fire rated walls. Mayor Martin asked if Northern Trust Bank is looking for additional parking in the proposed project? Mr. Burg stated that Northern Trust Bank may desire additional parking. Vice Mayor Servian stated that requiring sufficient parking according to the Downtown Code is unlikely; that some of the major employers in the City may be willing to participate with the City to build a parking structure; that a way may exist to collaborate with some of the major employers in addition to developing for residential and other parking. City Manager McNees stated that the Administration discussed with the owner of the adjacent building to the east of the project a public-private partnership regarding surface parking and an interest in buying into spaces and cooperating on a larger scale with the parking garage. Mr. Burg stated that Staff is considering the Downtown Parking Master Plan as the primary resource regarding the demand. Commissioner Atkins asked the status of the Brownfield RFP? Michael Taylor, Deputy Director of Planning and Redevelopment, came before the Commission and stated that the Brownfield RFP is currently delayed until resolution of some issues with the Florida Department of Environmental Protection (FDEP); that the final disposition to Clean up the site has not been resolved; that the FDEP switched reviewers approximately six months ago; that an understanding had been reached with the previous reviewer; that the new reviewer imposed additional requirements; that a written resolution is required prior to announcing the requirements to develop the site; that the hope is a resolution will be reached soon. On motion of Commissioner Palmer and second of Vice Mayor Servian, it was moved to authorize the survey of the property, initiate the street vacation process, and negotiate an agreement with Northern Trust Bank for the Lemon Avenue and State Street Project. Motion carried unanimously (4 to 0): : Atkins, yes; Palmer, yes; Servian, yesi Martin, yes. 21. NEW BUSINESS: PRESENTATION RE: THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT RULING ON CONSTITUTIONALITE OF CAMPING REGULATIONS OF SARASOTA CITY CODE - AUTHORI ZED THE CITY ATTORNEY TO APPEAL THE RULING OF THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT (AGENDA ITEM XVII-4) CD 7:39 through 7:53 Mayor Martin stated that the item concerns the Circuit Court ruling on the constitutionallty of camping regulations of the Sarasota City Code. City Attorney Fournier stated that on November 19, 2004, the Circuit Court of the Twelfth Judicial Circuit (Circuit Court) entered an order finding Section 34-40, Camping Prohibited, Sarasota City Code (1986 as amended) (City Code), defining and prohibiting camping unconstitutional, that the Commission is requested to decide whether or not to file a Notice of Appeal with the Second District Court of Appeal in Lakeland, Florida, and to appeal the local Circuit Court's ruling. City Attorney Fournier continued that Ordinance No. 02-4370, the ordinance which was held unconstitutional, was adopted as part of a package of ordinances in May 2002; that one ordinance concerned the subject of panhandling; that one ordinance concerned the subject of urination and defecation in public; that Ordinance No. 02-4370 defines the term camping as follows: 1. Sleeping or otherwise being in a temporary shelter or tent out of doors; 2. Sleeping out of doors inside a sleeping bag or atop or covered by materials such as cardboard, a bedroll, or newspapers; and 3. Cooking over an open flame or fire outdoors. City Attorney Fournier further stated that the first two parts of the definition were implicated in the Circuit Court's decision; that the ordinance prohibits camping in the City on both public and private property at any time after sunset and before sunrise on public property unless the camper has obtained a permit from the City Manager or, on private property, the consent of the property owner. City Attorney Fournier stated further that the decision to move forward with the appeal is a policy decision by the Commission; BOOK 58 Page 29380 12/06/04 2:30 P.M. BOOK 58 Page 29381 12/06/04 2:30 P.M. that the recommendation is to file a Notice of Appeal with the Second District Court of Appeal in Lakeland; that the underlying assumption is the Commission as a matter of policy considers the best interest of the citizens of the City is to have an ordinance prohibiting camping; that the probability of success on appeal is good; that a precedent has been set in the City of Orlando, Florida; that the camping ordinance was patterned aiter the City of Orlando ordinance, the constitutionality of which was upheld by the Eleventh Circuit Court of Appeals, the Federal Appeals Court for the area which sits in Atlanta, Georgia, to which decisions of the US District Courts are appealed; that other than the Orlando ordinance, no ordinance regarding camping was the subject of any appellant court decision; that the cost to appeal is not prohibitive; that the estimate of the cost is between $5,000 and $8,000; that the process is to file a series of briefs and present an oral argument in Lakeland; that the court record is not extensive. City Attorney Fournier stated that the Circuit Court's decision held the City's ordinance was unconstitutional as an impermissible interference with the exercise of a fundamental right in personal liberty protected under the US Constitution; that the Fourteenth Amendment provides in part no person shall be deprived of life or liberty without due process of law; that as originally envisioned, no person would be executed or incarcerated without a fair trial and due process; that the concept of the word liberty used in the context of the Fourteenth Amendment has been expanded by the courts over the years; that the Fourteenth Amendment includes certain other rights which are deemed fundamental such as the right of privacy and travel, i.e., the right to have freedom of movement, which includes staying in a place of one's choosing; that if a local ordinance attempts to regulate the exercise of one of the fundamental rights guaranteed under the US Constitution, the ordinance is subject to a higher standard of review by a court; that the ordinance must be very narrowly tailored or narrowly drawn to achieve a compelling governmental objective; that the problem the Circuit Court saw is if an ordinance prohibits some conduct which is innocent and inoffensive along with the regulated conduct, the ordinance will be deemed to violate the US Constitution as the regulation will interfere with the exercise of the fundamental right of personal liberty. City Attorney Fournier continued that a comparison of the language in the Orlando ordinance with the Sarasota ordinance is helpful; that the Sarasota ordinance includes the language sleeping or otherwise being in a temporary shelter or tent out of doors in the definition of camping; that the Orlando ordinance does not include the language of "covered by materials such as cardboard, a bedroll, or newspaper" in the definition of camping; however, the language is included in the guidelines promulgated for use by the Orlando Police Department in enforcement; that the guidelines associated with enforcement of the Orlando ordinance were incorporated into the Sarasota ordinance which is the reason the Circuit Court's decision does not make sense; that the Circuit Court attempted to distinguish the Orlando case on the basis of the guidelines provided by Orlando for enforcement; however, the City of Sarasota has incorporated the guidelines into the text of the Sarasota ordinance; that the Eleventh Circuit Court which considered the constitutionality of the Orlando ordinance found no fundamental right. was involved and the ordinance did not infringe on the exercise of a fundamental right; that the Eleventh Circuit Court recognized the right to sleep outdoors was the issue; that the Opinion specifically indicated the right to sleep outdoors was not a fundamental right and therefore did not subject the ordinance to the higher standard or test to determine the consticutionality: that the Eleventh Circuit Court determined the proper test was the rational basis test which requires the ordinance must be rationally related to the achievement of a valid or legitimate governmental purposei that the Eleventh Circuit Court found the interest in protecting safety and the interest in regulating sanitation were legitimate governmental purposes and the ordinance was rationally related to the accomplishment of the purposesi that the Orlando case should be the controlling precedent; that as the Orlando case is the only one which deals with the issue, the recommendation is to go forward and file an appeal; that a corollary matter is attempting to adopt a substitute ordinance during the pendency of the appeal; that Mark Singer, Attorney, City Attorney's Office, can discuss the issue of a substitute ordinance at the December 13, 2004, Regular Commission meeting; that filing an appeal is advisable. On motion of Commissioner Palmer and Vice Mayor Servian, it was moved to authorize the City Attorney to appeal the ruling of the Circuit Court of the Twelfth Judicial Circuit finding Section 34-40, Camping Prohibited, Sarasota City Code (1986 as amended), unconstitutional. Commissioner Palmer stated that City Attorney Fournier has recommended appeal based on the success of the Orlando BOOK 58 Page 29382 12/06/04 2:30 P.M. BOOK 58 Page 29383 12/06/04 2:30 P.M. ordinance; that the City worked hard for fairness to protect the interest of the community and assure public safety. Vice Mayor Servian stated that broad public safety and sanitation issues are involved; that the fact the Eleventh Circuit Court upheld the Orlando ordinance indicates the City is on good footing and the Commission should move forward. Mayor Martin called for a vote on the motion to authorize the City Attorney to appeal the ruling of the Circuit Court of the Twelfth Judicial Circuit. Motion carried (3 to 1): Atkins, no; Palmer, yes; Servian, yes; Martin, yes. Vice Mayor Servian stated that Attorney Singer should prepare a substitute ordinance until a decision is made by the court. City Attorney Fournier stated that Attorney Singer is prepared to develop a substitute ordinance if the Commission desires. Vice Mayor Servian stated that the Sarasota Police Department is looking to the Commission to have all the necessary tools; that the ordinance assists in identifying individuals with serious drug and alcohol problems and assuring referral to the proper social service agencies; that the issue was not a matter of arresting people but a matter of public safety and helping the individuals to receive treatment or get into a shelter. Commissioner Palmer stated that the police officers have tried hard to work with people subject to arrest to ensure treatment is received; and asked for clarification regarding a substitute ordinance. City Attorney Fournier stated that a decision can be made based on Attorney Singer's presentation. Commissioner Palmer asked the timeframe for the appeal? City Attorney Fournier stated that the time to file the Notice of Appeal is 30 days; that once the Notice is filed, the Court begins to assemble the record on appeal; that once the record on appeal is assembled, the record is sent to Lakeland at which time the City will receive notice; that 70 days are allowed to file the initial brief; that 30 days are allowed for an answer; that the City can file a final reply brief within 30 days; that eight to nine months may be required. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRATION TO SCHEDULE A WORKSHOP TO DISCUSS AND HEAR PRESENTATIONS REGARDING THE MOST RECENT CENSUS, AN ELECTED MAYOR, AND INSTANT RUN-OFF VOTING CD 7:53 through 7:59 COMMISSIONER PALMER: A. stated that stated that the Agenda for the December 13, 2004, Regular Commission meeting is significant; therefore, the suggestion is to postpone the discussion regarding an elected mayor and the instant run-off voting originally anticipated for the December 13, 2004, Regular Commission meeting until the January 3, 2005, Regular Commission meeting; that a presentation concerning instant run-off voting is planned and should be made prior to the discussion; that the discussion could occur at the January 18, 2004, Regular Commission meeting if the presentation is lengthyi; that the Office of the City Auditor and Clerk is researching and will provide information regarding instant run-off voting for review prior to discussion. City Attorney Fournier stated that the elected mayor and instant run-off voting could be inter-related issues; that discussing the issues together would be helpful. Commissioner Atkins asked if the time is appropriate to consider the breakdown of the different districts, the population, and the registered voters for consideration in the context of City elections. City Attorney Fournier stated that a presentation was prepared at the time the latest US Census was issued; that the Commission can revisit the issue if desired. Vice Mayor Servian stated that statistics have changed; that the current statistics should be considered. Commissioner Palmer stated that consideration of the voter statistics can be placed on the same Agenda. Vice Mayor Servian stated that the three items should be addressed at a workshopi that the three issues are of great importance to the community at large which deserves a lengthy BOOK 58 Page 29384 12/06/04 2:30 P.M. BOOK 58 Page 29385 12/06/04 2:30 P.M. discussion and an opportunity to ask questions of the presenters rather than rushing through the discussion at a Regular Commission meeting as time is always an issue; that having discussions at 10:00 or 11:00 p.m. is counterproductive: that each issue is extremely important to all the constituents; that the consideration should be conducted in a reasoned and deliberative fashion. Commissioner Palmer stated that a separate meeting is supported. Commissioner Atkins agreed and stated that having people return for a second meeting is a concern. Mayor Martin stated that a workshop typically does not allow public input. City Auditor and Clerk Robinson stated that a presenter is always allowed at a workshop; that the assumption is the Commission would wish to have the presenter at the workshop Mayor Martin stated that the Commission's consensus is direct the Administration to schedule a workshop to discuss and hear presentations regarding the most recent census, an elected mayor, and instant run-oii voting; and asked the wishes of the Commission concerning public input. Vice Mayor Servian stated that public input should not be scheduled at the workshop. Commissioner Palmer stated that the workshop should be to receive information; that subsequently, decisions concerning the process can be made; that the purpose of wishing to add an item to the Agenda of a Regular Commission meeting was to gain Commission consensus to schedule a workshop concerning the issues. Mayor Martin stated that hearing no objections, the workshop will be scheduled utilizing the regular Workshop format with presentations as appropriate. 23. OTHER ATRS/APMIISTATIVE OFFICERS CD 7:59 CITY MANAGER MCNEES: A. stated that the Whole Foods Market Centre charity grand opening event this evening is a significant successi that the building is filled to capacity. 24. ADJOURN (AGENDA ITEM XVIII) CD 8:00 There being no further business, Mayor Martin adjourned the Regular meeting of the City Commission of December 6, 2004, at 8:00 p.m. Pulaue larhirs RICHARD F. MARTIN, MAYOR ATTEST: Bully E Rolengen BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 58 Page 29386 12/06/04 2:30 P.M.