MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 15, 2001, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, City Manager Designate Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Mason' The meeting was called to order in accordance with Article III, Section 9(a) of the City. of Sarasota Charter at 6:02 p.m. v City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: MEMORIAL RESOLUTION NO. 02R-1437, RECOGNIZING THE PASSING OF KEN THOMPSON, FORMER CITY MANAGER FROM 1950 TO 1988 AND A PRINCIPAL SHAPER OF THE CITY'S GROWTH IN THE FORMATIVE HALF-CENTURY WHICH PRODUCED MODERN-DAY SARASOTA ADOPTED #1. (0000), through (0220) Mayor Mason stated that Memorial Resolution No. 02R-1437 recognizes the October 5, 2001, passing of Ken Thompson, an outstanding citizen of Sarasota, former City Manager from 1950 to 1988, and a principal shaper of the City's growth in the formative half century which produced modern-day Sarasota; and read Memorial Resolution No. 02R-1437 in its entirety. On the motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to adopt Memorial Resolution No. 02R-1437. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. The following family members came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: Barbara Thompson, wife; Kenneth Thompson, son; Laura Thompson DeUnger, daughter; James DeUnger, son-in-law; and Amanda and Alexandra DeUnger, granddaughters. BOOK 50 Page 21966 10/15/01 6:00 P.M. BOOK 50 Page 21967 10/15/01 6:00 P.M. 2. PRESENTATION RE: PROCLAIMING THE MONTH OF OCTOBER 2001 AS BREAST CANCER AWARENESS MONTH IN THE CITY OF SARASOTA #1 (0220) through (0440) Mayor Mason requested that Daniel Clarke, President, Breast Health Sarasota, Inc., join her and the Commission before the Commission table and read in its entirety the proclamation of October 2001 as Breast Cancer Awareness Month and October 19, 2001, as Mammogram Day in the City indicating that breast cancer is the most common cancer among women, excluding skin cancer, and is a devastating disease affecting victims; survivors, and families; that an estimated 192,000. new cases of breast cancer will be diagnosed in the United States in. 2001; that an estimated 12,200 new cases will be diagnosed in the State of Florida in 2001, which is the third highest incident rate in the United States, behind only California and New York; that breast health experts and the American Cancer Society agree all women 40 and over should get a screening mammogram and a mammogram every year thereafter; that a statistically significant number of women over the age of 50 in the Hispanic and Black community have never been screened as compared to women over the age of 50 in the Anglo population; that while the incidence of breast cancer rose by 1.2. percent from 1995 to 1998, deaths due to breast cancer declined by 3.4 percent, primarily due to the increasing: number of women getting mammograms and the resulting early detection of breast cancer; that over 70 percent of all women diagnosed with breast cancer have no identifiable risk factors; that Breast Health Sarasota, Inc., is a non-profit organization founded in 1999 to raise funds to. increase awareness and enhance breast cancer prevention in the community by offering a variety of programs from educational forums to free mammogramsi; that Breast Cancer Awareness Month and Mammography Day provide opportunities to inform people and increase awareness of the seriousness of breast cancer; that Breast Health Sarasota, Inc., is supported in the effort to provide breast health education to the community, in particular the segment of the community which may not otherwise be reached. Mr. Clarke stated that gratitude is extended to Vernon Buchanan, President, and Ernie Parisi, Vice President, Sarasota Ford, who provided financial support and encouraged the efforts to partner with Sarasota Memorial Hospital and the Greater Sarasota Women's Golf Association; that breast cancer can be prevented; that the goal of Breast Health Sarasota; Inc., is to - encourage the use of mammograms in the early detection of breast cancer; that individuals must take the first step to obtain mammograms; that breast cancer is a preventable disease; that City recognition of Breast Cancer Awareness Month is honorable; that the goal for Breast Cancer Awareness Month in the future year of 2002 is to present a program for the under-served in the City and ensure all funds raised stay in the City; that funds raised will be used meaningfully; that. the recognition and support of the City are inspiring; that the recognition by the City is appreciated. Mr. Clarke presented Mayor Mason; Vice Mayor Quillin, and Commissioner Palmer with certificates for free mammograms and stated that breast cancer is not just a disease affecting women; that male survivors of breast cancer exist; that Breast Health Sarasota, Inc., has a program for husbands of cancer victims named One Step Back designed to create a: supportive atmosphere for the cancer victim. 3. PRESENTATION RE: PROCLAIMING THE WEEK OF OCTOBER 21 THROUGH OCTOBER 27, 2001, AS CITY GOVERNMENT WEEK IN THE CITY OF SARASOTA #1 (0440) through (0550) Mayor Mason stated that the Proclamation of City, Government week was placed on the Agenda at the request of Vice Mayor Quillin and read in its entirety the proclamation of October 21. through 27, 2001, as City Government Week indicating that City government is the government closest. to most citizens and the one with the most direct daily impact. upon the. residents; that City government is administered for and by the citizens and is dependent upon the public commitment to and understanding of the responsibilities; that : City government many governmental officials and employees share the responsibility to educate the public concerning the benefits of public services; that City Government Week is an important time to recognize the significant role played by City government in citizens' lives; that City Government Week is an important opportunity to convey to all citizens of the community the ability to assist in shaping and influencing the branch of government closest to the people; that the Florida League of Cities and member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; that citizens of the community can shape and influence government through civic involvement; that all citizens are encouraged to become actively involved and participate in City government for the betterment of the community. BOOK 50 Page 21968 10/15/01 6:00 P.M. BOOK 50 Page 21969 10/15/01 6:00 P.M. Vice Mayor Quillin stated that City Government Week is sponsored annually by the Florida League of Cities to stress the importance of citizens' involvement with government; that recently, an individual indicated citizens are not responsible for government; however, citizens are responsible for government which is comprised of the people; that. the Commission only represents the people; that encouraging citizen involvement in government during City Government Week helps keep the nation strong; that the challenge is for citizens to volunteer in government or to encourage local student involvement in government activities; that local government is the branch which affects all citizens; that bumper stickers concerning City Government Week are available for anyone interested. 4. PRESENTATION RE: : PROCLAIMING OCTOBER 24, 2001, AS UNITED NATIONS DAY IN THE CITY OF SARASOTA #1 (0550) through (0700) Mayor Mason requested that Thelma Sachs, Board Member, United Nations Association, join her and the Commission before the Commission table and read in its entirety the proclamation of October 24, 2001, as United Nations Day in the City indicating that the United Nations was founded in 1945; that the anniversary of the founding of the United Nations is observed annually on October 24, 2001; that a principal mandate of the United Nations is: To achieve international cooperation in solving problems of an economic, social, cultural, or humanitarian character Mayor Mason continued that the principal mandate of the United Nations. remains as valid today as at thè time written into the United Nations Charter over 50 years ago; that the United Nations Millennium Declaration. adopted by world leaders at the 2000 Millennium Summit establishes the important goals of reversing the sprèad of Human Immunodeficiency Virus (HIV)/ Acquired 4 Immunodeficiency Syndrome (AIDS), malaria, tuberculosis, and other major diseases and to reduce maternal mortality by three-quarters and under-five child mortality by two-thirds of current rates by 2013; that the social, economic, cultural, and educational programs of all nations should further international cooperation and support of the United Nations in combating infectious diseases and poverty; that the United States is a world leader in medical science and is in the vanguard of the worldwide campaign to improve global health; that the United Nations. must have support from both the United States government and American citizens to continue significant work in the promotion of global health and the fight against infectious diseases; that the United Nations Association of the United States of America, in cooperation with other organizations, has declared Global Health as the theme for the 2001 United Nations Day commemorations. Ms. Sachs stated that the United Nations Association is pleased to celebrate the 56th anniversary of the founding of the United Nations; that the recent announcement of the Nobel Peace Prize awarded to Kofi. Annan, Secretary General, United Nations, and to the, United Nations is also pleasing; that a memorial will be held at 5 p.m. on October 24, 2001, at the United Methodist Church on Pineapple Street for the : deceased victims of the September 11, 2001, terrorist attacks; that the deceased victims of the. World Trade Center represent 80 foreign countries; that a dinner celebration honoring the 56th anniversary of the United Nâtions will be held immediately after the memorial service. 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0700) through (0755) City Auditor and Clerk Robinson presented the following Changes to the Ordèrs of the Day: A. Remove Consent Agenda 1, Item. No. III-A-3, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and General Contracting Services, Inc., for the San Remo Utility Improvements Project (Bid #01-68M) per the request of General Services Director Carolan B. Remove Non Quasi-Judicial Public Hèaring Item IV-A-2, Public Hearing Re: Proposed use of the 2001 Local Law Enforcement Block Grant per the request of Police Chief Jolly C. Remove Unfinished Business Item VI-2, Approval Re: Specific design details on the Ringling Causeway Bridge Replacement project per consensus developed at Workshop per. the request of City Manager Designate McNees On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Quillin, yes; Mason, yes. BOOK 50 Page 21970 10/15/01 6:00 P.M. BOOK 50 Page 21971 10/15/01 6:00 P.M. 6. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 1, 2001 APPROVED (AGENDA ITEM 1) #1 (0700) through (0755) Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the October 1, 2001, Regular Commission meeting are approved by unanimous consent. 7. REPORT RE: : ADVANCE REPORT OF THE PLANNING BOARD/LOCAL PLANNING AGENCY OF THE OCTOBER 3, 2001, REGULAR MEETING, L CONTINUED TO THE OCTOBER 10, 2001, SPECIAL MEETING RECEIVED REPORT (AGENDA ITEM II-1) #1 (0763) through (1055) Robert Lindsay, Chair, Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of. Planning, came before the Commission. Mr. Lindsey presented the following item from the October 3, 2001, Regular PBLP meeting continued to the October 10, 2001, Special PBLP meeting: A. Major Conditional Use Appliçation No. 01-CU-17 Site Plan Application No. 01-SP-35 Ritz-Carlton Hotel and Condominiums Garden and Special Events, Terrace Mr. Lindsay stated that the Ritz-Carlton Hotel Company, L.L.C., is currently constructing the Ritz-Carlton Hotel and Condominiums Ritz-Carlton) at 1111 Ritz-Carlton Drive in the City; that the Ritz-Carlton is entering into a 99-year lease with the Lawrence Pointe Condominium Association (LPCA) for an adjacent 4399-acre parcel at 140 Sunset Drive for use as a formal garden and special events terrace; that Major Conditional Use Application No. 01-CU-17 is to approve the formal garden and special events terrace as an accessory use to the Ritz-Carlton; that the parcel is in the Multi-Family Residential-4 (RMF-4) Zone District. Mr. Lindsay stated that technical and access issues which could have been possible violations of the Zoning Code (1998) were. raised by citizens at the October 3, 2001, PBLP meeting; that the City Attorney's Office reviewed the concerns, determined the concerns raised. did not violate the Zoning Code (1998), and presented a report at the October 10, 2001, Special PBLP meeting; that another concern was to assure the Lawrence Pointe Condominiums continue to meet the density restrictions of the Zoning Code (1998) after leasing the property to the Ritz-Carlton; that the determination was the Lawrence Pointe Condominiums will remain compliant with the density restrictions of the Zoning Code (1998); that at its October 10, 2001, Special meeting, the PBLP found Major Conditional Use Application No. 01-CU-17 and Site Plan Application No. 01-SP-35 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the standards for review set forth in Section IV-904 (B) (1), Zoning Code" (1998), and unanimously by - a 4-to-0: vote recommended Commission approval subject. to the following conditions: 1. Construction and location of the garden and special. events. terrace shall be. in conformancé with Site Plan Application No. 01-SP-35 dated August 31, 2001, and approved at the October 10, 2001, Special PBLP meeting. No other structures shall be constructed on the subject property. 2. Amplified music is prohibited on. the property. Non-amplified music shall cease at 10 p.m. Sunday through Thursday and. 11 p.m. Friday, Saturday, and evenings preceding a national holiday. 3. Lighting of the garden and terrace shall be directed on site. The direct source of the illumination shall be shielded from adjoining residential properties, including Lawrence Pointe and Marina Suites. 4. Approval is contingent upon the continued effectiveness of the 99-year lease between Lawrence Pointe and S..L.A.B., Members Club, L.L.C.. In the event the lease is terminated, cancelled, or expires, Major Conditional Use Application No. 01-CU-17 shall likewise be terminated. 5. Nothing shall be construed to grant approval for use of the private boat dock appurtenant to the subject property by the guests of the hotel or other occupants of the hotel property including the condominiums above the hotel. Vice Mayor Quillin stated that neither the 99-year lease nor construction of the formal garden and special events terrace is BOOK 50 Page 21972 10/15/01 6:00 P.M. BOOK 50 Page 21973 10/15/01 6:00 P.M. a concerni however, the presentation of Major Conditional Use Application No. 01-CU-17 and Site Plan Application No. 01-SP-35 is unusual; and asked for clarification of the PBLP report? City Attorney Taylor stated that the PBLP report is not a substantive item; that the issues raised by the PBLP and others at the October 3, 2001, PBLP meeting concerned legal questions and an interpretation of the City's codes; that the PBLP is not providing a legal presentation; that any legal questions should be presented during Consent Agenda No. 2, Itém No. 1, regarding adoption of proposed Resolution No. 01R-1420, which is to approve Major Conditional Use Application No. 01-CU-17. Mr. Lindsay stated that the PBLP's main concern was continued compliance of the Lawrence Pointe Condominiums with the density restrictions of the Zoning Code (1998) for the RMF-4 Zone District; that the 4399-acre parcel will effectively be removed from the Lawrence Point Condominiums property and adjoined as an accessory use to the Ritz-Carlton property;, therefore, the unit density per acre of the Lawrence Point Condominiums property will increase; that Staff researched and resolved the issues for the PBLP; that the legal issues raised by the PBLP concerned an interpretation of the Zoning Code (1998) and were satisfactorily resolved. Vice Mayor Quillin stated that joint agreements which also benefit the public are supported and should be ençouraged and facilitated by Staff in. the future. Mr. Lindsay stated that the proposed joint agreement betweèn Lawrencé Pointe Condominiums and the Ritz-Carlton is unusual as most parcels could not be leased without compromising the allowed unit density per acre of the primary development; that a half acre çould not be deducted from most property as, the maximum unit density of the Zoning Code (1998) would be violated; that the 4399-acre parcel was previously purchased by Lawrence Pointe Condominiums to ensure compliance with the unit density restrictions of the Zoning Code (1998); however, as developed, the Lawrence Pointe Condominiums had no need for the 4399-acre parcel to meet the unit density restrictions of the Zoning Code (1998) and will remain compliant with the unit density restrictions if the parcel is leased to the Ritz- Carlton. Vice Mayor Quillin stated that similar joint agreements should be facilitated by the Cityi that sharing greenspace as.a passive recreational space among multiple properties should be encouraged and could be, good infill projectsi and asked if Staff should research the possibility of future similar joint agreements? Mr.. Lindsay stated that continued compliance with the unit density restrictions of the Zoning Code (1998) will be a primary that concern for future similar joint agreements; Major Conditional Use Application No. 01-CU-17 is to provide a joint passive recreational use which is a use preferred in the Cityi however, any potential use of the leased property as an open air bar or night club, for example, would be a concern; that similar joint agreements concerning the shared use of passive recreational space is unlikely in the future. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the advance report of the October 3, 2001, Regular Planning Board/Local Planning Agency meeting continued to the October 10, 2001, Special meeting. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yesi Mason, yes. 8. CONSENT AGENDA NO. 1: ITEM NOS, 1, 2,4, 5, 6, 7,8,9, 10, 11, 12, AND 13 - APPROVED (AGENDA ITEM III-A) #1. (1060) through (1285) Vice Mayor Quillin requested that Item No. 8 be removed for discussion. 1. Approval Re: Set for Public Hearing proposed Ordinance No. 00-4250, amending the Engineering Design Criteria Manual as adopted by reference in Chapter 29.5, Sarasota City Code, sO as : to amend and restate the City of Sarasota subdivision regulations; setting forth findings of fact; amending Chapter 31, Sarasota City Code, to repeal Sections 31-2 through 31-9 inclusive, regarding subdivision regulations, said regulations having been amended and restated in the Engineering Design Criteria Manual; providing for definitions; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. 2. Approval Re: Set for Public Hearing proposed Ordinance No. 00-4258, amending the Code of the City BOOK 50 Page 21974 10/15/01 6:00 P.M. BOOK 50 Page 21975 10/15/01 6:00 P.M. of Sarasota, Chapter 29.5, Site Improvements Engineering Design Criteria, Section 29.5-4 (c) (2) in order to clarify those circumstances when new developments and additions or alterations to existing developments will be subject to review by the City Engineer for compliance with the requirements of the City Code and with the Engineering Design Criteria Manual and those circumstances when minor additions or alterations. to existing developed property will be exempt from such review; providing for the severability of the parts hereof; etc. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and the Housing Authority of the City of Sarasota, for the provision of supplemental police services 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the License Agreement between the City of Sarasota and Metric-Dooley and Mack Constructors, to utilize the Sarasota Mobile Home Park to temporarily park a 12 by 40 foot construction trailer until March 2002 6. 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 Charles P. Deninger, for water service for - a developed site located at 2937 Arlington Street 7.. 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 Todd L. & Deborah A. Thacker, for water and sewer services for developed sites located at 1501 Bay Road and 1511 Crocker Street 9. Approval Re: Authorize staff to negotiate a professional services agreement contract with Wilson/Miller, Inc., for Engineering Consultant: Bayfront Multi-Use Recreational Trail (RFP #01-67M) and to negotiate with second choice in the event that an agreement cannot be negotiated with the first choice, per Florida Statutes 10. Approval Re: Authorize thé Mayor and City Auditor and Clerk to execute Agreement No. 01CON005182 between the City of Sarasota for the Sarasota Bay National Estuary Program (SBNEP) and the Southwest Florida Water Management District : : (SWFWMD) for intertidal. habitat restoration 11. Report Re: Monthly report on the activities at the: Urbaculture site 12. Report Re: Monthly activities report from the Downtown Association 13. Report Re: Monthly activities report from the Greater Downtown Action Team On motion of Commissioner Palmer and séçond of Commissioner Martin, it was moved to approve Consent Agenda No.. 1; Item Nos. 1, 2, 4, 5, 6, 7, 9, 10, 11,. 12, and 13. Motion carried unânimously (4 to 0): Martin, yes;. Palmer, yes; Quillin, yes; Mason, yes. 8. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Wilson/Miller, Inc., for Engineering Consultant: Lemon Avenue Streetscape (RFP #01-53M), and to negotiate a contract with second choice, proceeding down the list if. necessary until a contract is successfully negotiated Vice Mayor Quillin stated that a project design for the Lemon Avenue streetscape has not been provided the Commission; that a project design should be determined prior to execution of a contract. Mayor Mason stated that a concern is the impact of the Lemon Avenue streetscape on the Sarasota County Area Transit (SCAT) transfer facility. Commissioner Martin requested additional details concerning the Lemon Avenue streetscape. William Hallisey, Director of Public Works, came before the Commission and stated that the Lemon Avenue streetscape project is included in the Capital Improvement Program (CIP); that the project is on Lemon Avenue from Pineapple Avenue to Third Street; that the components of the project are: BOOK 50 Page 21976 10/15/01 6:00 P.M. BOOK 50 Page 21977 10/15/01 6:00 P.M. SCAT Transfer Facility - Consultants and Staff will work with the County to determine the configuration of the SCAT transfer facility. Lemon Avenue Mall edestrian-friendly brick street will be evaluated. Lemon and Pineapple Avenues - Reconfiguration of Lemon and Pineapple Avenues into a 90-degree intersection will be evaluated. Mr. Hallisey continued that the Lemon Avenue streetscape contract is an engineering contract; that the project design will be developed and presented to the Commission for review. Vice Mayor Quillin stated that situations in which the Commission is presented with a final contract without having had the opportunity to provide input in advance have arisen in the past. On motion of Vice Mayor Quillin and second of. Commissioner Palmer, it, was moved to approve Consent Agenda No. 1, Item No: 8. Motion carried unanimously (4 to 0): : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Vice Mayor Quillin stated that different concepts have been discussed for the Lemon Avenue streetscape; that preliminary drawings for the project design would be helpful. City Designate McNees stated that the project is in thé CIP and the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the next step will be to present the Commission with original concept work for the project design. Vice Mayor Quillin stated that different concepts were presented in the Downtown Master Plan. 2020; that the concepts should be refined and possibly brought to the Commission prior to hiring a contractor; that the CIP is only numbers and words; that approving a specific concept is preferred. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1420) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1421) - ADOPTED, ; ITEM 3 (RESOLUTION NO. 01R-1422) - ADOPTED; ; ITEM 4 (RESOLUTION NO. 01R-1427) - ADOPTED; ITEM 5 (RESOLUTION NO. 02R-1428) ADOPTED; ITEM 6 (RESOLUTION NO. 02R-1429) - ADOPTED; ITEM 7 (RESOLUTION NO. 02R-1435) = ADOPTED; ITEM 8 (RESOLUTION. NO. . 02R-1436 - ADOPTED, / ITEM 9 (ORDINANCE NO. 01-4338) ADOPTED; ITEM 10 (ORDINANCE NO. 01-4340) ADOPTED ; DIRECTED THE ADMINISTRATION TO REVIEW AND PROVIDE CREATIVE SUGGESTIONS FOR AMENDMENTS TO THE ZONING CODE (1998) TO PROVIDE OPPORTUNITIES FOR ADJACENT PROPERTY OWNERS TO CREATE PROJECTS SIMILAR TO THE RITZ- -CARLTON GARDENS AND SPECIAL EVENTS TERRACE (AGENDA ITEM III-B) #1 (1286) through (2906) Vice Mayor Quillin requested that Item Nos. 1 and 2 be rémoved for discussion. Commissioner Martin requested. that Item No. 7 be removed for discussion. Commissioner Palmer requested that Item No. 8 be removed for discussion. 3. Adoption Re: Proposed Resolution No. 01R-1422, accepting abatemènt of nuisance and cost reports pertaining to . the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount: stated therein; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 01R-1427, adopting a schedule to process an administrative city initiated small scale amendment to the Comprehensive Plan - [a/k/a Sarasota City Plan (1998)] in order to change the Future Land Use Classification of a parcel of property at the southeast corner of the intersection of Cocoanut Avenue and Dr. Martin Luther King, Jr. Way from Multiple Family Moderate Density to Open Space Recreational Conservation; authorizing city staff to proceed in accordance with said schedule; etc. (Title Only) 5. Adoption Re: Proposed Resolution No. 02R-1428, appointing the Finance Director as the representative of the City on the' First Florida Governmental Financing Commission and appointing the Deputy Finance Director as the alternate representative to the First Florida Governmental Financing Commission; ratifying and confirming the appointment and service of its prior representatives; etc. (Title Only) 6. Adoption Re: Proposed Resolution No. 02R-1429, appropriating $700,000 from the unappropriated fund balance of the General Fund to fund the removal of more than 8,000 tons of storm debris created as a result of Tropical Storm Gabrielle that struck the City on September 14, 2001; etc. (Title Only) BOOK 50 Page 21978 10/15/01 6:00 P.M. BOOK 50 Page 21979 10/15/01 6:00 P.M. 9. Adoption Re: Second reading of proposed Ordinance No. 01-4338, amending Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 6, Citizens with Disabilities Advisory Board, Section 2- 238, Members, and 2-239, Meetings, to provide that the Board shall consist of five members and that three members stall constitute a quorum; repealing ordinances in conflict; etc. (Titlé Only) 10. Adoption Re: Second reading of proposed Ordinance No. 01-4340, providing for the designation of the structures located at 547 North Shore Drive, historically known as the Brody-Murrell House, as structures of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 01-HD-01, Applicant Mikki Hartig, as agent for John and Peggy Martin, Co- Trustees U/A. datéd 5/12/94, as owners) 11. Adoption Re: Second reading of proposed Ordinance No. 01-4341, providing for the rezoning of a .68-acre parcel of real property more fully described herein from- the Residential Single Family-3 (RSF-3) Zone District to the Office Professional and Business (OPB) Zone District; said parcel being located on the north side of Webber Street immediately west of Central Park Drive; approving Site Plan Application No. 01-SP-28 which has been proffered as a condition of this rezoning to permit the construction of a two story addition to an existing building known as Sarasota Pathology; providing for additional conditions of the rezoning and site plan approval as more particularly described herein; providing for the severability of the parts hereof; etc. (Title Only) (Application No. 01-SP-25, Applicant Freedman Consulting Group, as agent for Sarasota Professional Enterprises, II, a Florida Partnership, as owner) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1422, 01R-1427, 02R-1428, and 02R-1429, and proposed Ordinance Nos. 01-4388, 01-4340, and 01-4341 by title only. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 3, 4, 5, 6;. 9, 10, and 11. Mayor Mason requested that City Auditor and Clerk proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yes; Quillin, yes; Martin, yes. 1: Adoption Re: Proposed Resolution No. 01R-1420, approving Major Conditional Use Application No. 01-CU-17 to allow a garden and special events terrace as a major conditional use accessory to a hotel on property having a street address of 140 Sunset Drive; providing for conditions of approval and providing that said garden and special events terraçe are required to be, constructed and located in accordance with the site plan submitted with Application No. 01-SP-35; etc. (Title Only) (Application Nos. 01-CU-17 and 01-SP-35, Applicant Brenda L. Patten, Esq., as agent representing Core Development, Inc.y a Kansas Corporation) Vice Mayor Quillin stated that Major Conditional Use Application No. 01-CU-17 was. confusing; probably due to the Zoning Code (1998), but is a unique and pleasing method for two property owners to enhance an area; that the Administration should review and creatively amend the Zoning Code (1:998) if necessary to enable multiple property owners to develop similar joint projects; that creative people came. together and made a situation work; that opportunities should be provided for joint property owners to create greenspace for passive use which can be mutually enjoyed; that Major Conditional Use Application No. 01-CU-17 presents some concerns due to the confusion; however, similar projects should be encouraged to énhance the City; that the project will be enjoyable for all. City Attorney Taylor stated that the Administration does not make recommendations. regarding quasi-judicial matters; that a proper motion çurrently could be to affirm the action of the PBLP by adopting Consent Agenda No. 2, Item No. 1, concerning proposed Resolution No. R-01R-1420. Vice Mayor Quillin stated that proposed Resolution No. 01R-1420 was pulled for discussion purposes only. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1420 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to affirm the action of the Planning Board/Local Planning Agency by adopting Consent Agenda No. 2, BOOK 50 Page 21980 10/15/01 6:00 P.M. BOOK 50 Page 21981 10/15/01 6:00 P.M. Item No. 1. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Martin, yes; Mason, yes. Vice Mayor Quillin stated that the Commission's consensus for the Administration to review the Zoning Code (1998) to encourage similar infill use. Mayor Mason stated that hearing the Commission's consensus, the Administration will review and provide creative suggestions for amendments to the Zoning Code (1998) to provide opportunities for adjacent property owners to create and mutually enjoy similar projects. 2. Adoption Re: Proposed Résolution No. 01R-1421, authorizing the Mayor, on behalf of the City of Sarasota, Florida to execute the Agreement between the State of Florida, Department of Transportation and the City of Sarasota for the Downtown Sarasota Mobility Study; etc. (Title Only) Vice Mayor Quillin stated that the Florida Department of Transportation (FDOT) Sarasota Downtown Mobility Study (Downtown Mobility Study), previously named the Sarasota Downtown Transportation Study, does not include references to the Florida Scenic Highway Program in which the City will be participating. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that specific reference is not made to the Scenic Highway Program; however, information concerning the Scenic Highway Program will be automatically included in the Downtown Mobility Study; that the Scenic Highway Program should also be considered independently of the Downtown Mobility Study. Vice Mayor Quillin asked if alternatives to the Scenic Highway Program will be included in the Downtown Mobility Study? Mr. Daughters stated yes. Vice Mayor Quillin stated that the Agreement between the State of Florida, Department of Transportation and the City of Sarasota for the Downtown Mobility Study (Downtown Mobility Study Agreement) does not indicate FDOT understands the City is interested in the Scenic Highway Program. Mr. Daughters stated that is correct. Vice Mayor Quillin asked if reference to the Scenic Highway Program can be specifically included in the Downtown Mobility Study Agreement? Mr. Daughters stated that reference to the Scenic Highway Program can be specifically included in the Downtown Mobility Study Agreement; however, FDOT may not agree with the reference. Commissioner Palmer asked the reason roundabouts are not specifically included in the Downtown Mobility Study Agreement? Mr. Daughters stated that. roundabouts are included in the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) and is therefore included in the Downtown Mobility Study; and referred to Scope of Services, Final Version: 10-5-01, Task 5.1(a) Alternatives to be Considered, included in the Agenda backup material as follows: a. The proposed downtown transportation network and its multimodal characteristics, as defined in the Downtown Master Plan shall serve as the future year base condition (the E+C equivalent) for all alternatives. This alternative shall represent the conditions against which all other alternatives are to be evaluated. Mr. Daughters stated that Task 5.1(a) will be used as a requirement for all other alternatives; that Task 5.1(a) incorporates the recommendations of the Downtown Master Plan 2020. Commissioner Palmer referred to the Scope of Services; Final Version: 10-5-01, Task 5.1(d), included in Exhibit A of the Agenda backup material as follows: d. Parking/TMO (Transportation Management Organization) Alternative Special Note: This' alternative will help establish priorities for implementing parking and transit system improvement but will not comprise a detailed parking and transit study; the Alternative is to be based on data and analysis developed during preparation of the City's current Parking Master Plan, Transit Development Plan (TDP) and Public Transportation Systems Analysis (TPSA). BOOK 50 Page 21982 10/15/01 6:00 P.M. BOOK 50 Page 21983 10/15/01 6:00 P.M. Commissioner Palmer continued that the Downtown Mobility Study Agreement does not specifically indicate the Executive Director hired by the Downtown Association of Sarasota, Inc. (Downtown Association), will head the Transportation Management Organization (TMO) and act as a consultant for the Downtown Mobility Study; that the TMO should be completely involved in the Downtown Mobility Study. Mr. Daughters stated that the Downtown Mobility Study Agreement includes reference to the TMO; that projects related to transportation management will be considered. and provided to the TMO for action; that provisions for City-established technical and citizens' advisory teams are included in the Downtown Mobility Study Agreement; that the TMO Executive Director will be involved on one of the teams. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1421 by title only. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt Consent Agenda No. 2, Item No. 2. Mayor Mason requested that City Auditor and Clerk Robinson proceed. with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Martin, yes; Mason, yes; Palmer, yes. 7. Adoption Re: Proposed Resolution No. 02R-1435, appropriating $110,000 from the unappropriated fund balance of the General Fund to fund the removal of approximately twelve abandoned vessels from Sarasota Bay, etc. (Title Only) Commissioner Martin stated that $110,000 for the removal of twelve derelict ves'sels is expensive; ànd . asked for clarification of the expenditure. Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), and Christopher Lyons, Deputy Director of Finance, came before the Commission. Chief Jolly stated that the estimate of $110,000 is the maximum expenditure anticipated; that barges and cranes will be required to- remove the majority of the derelict boats at a cost of approximately $11,000 each; that three of the derelict boats can be removed without using a crane due to the proximity to shore; that attempts are being made to. identify the boat ownersi that some boats are currently too sunken to determine the hull numbers; that sail boats without motors are not required to have hull numbers; that therefore the owners may never be identified; that often boat registrations are not transferred upon sale; that boats rarely still belong to the person most recently registered as the owner; that oftèn boat ownership chânges monthly; that every attempt to locate the: legal owner will be made; that claims will be filed against current owners to reclaim the costs of recovery if the owners are identified; that other funding sources can be utilized to reimburse the City for the cost of boat removal; that thé Federal Emergency Management Agency (FEMA) has indicated some of the City's removal costs will be reimbursed. Commissioner Martin asked if any of the derelict boats are salvageable, have worth, or will be stored by the City? Chief Jolly stated that all derelict boats will be taken to the dump. Commissioner Martin stated that the cost and effort expended for removal of the derelict boats should serve as a persuasive argument for the anchorage issue currently before the. City. Mayor Mason stated that the Commission should. be kept apprised of the reimbursément received for the cost of removing the derelict boats. Vice Mayor Quillin asked if a bid will be issued for salvage companies for removal of the derelict boats? Chief Jolly said yes. Vice Mayor Quillin referred to pictures of derelict boats included in the Agenda backup. material and stated that one of the derelict. boats is tied to a dock; and asked if the boat tied to the dock is owned by the dock owner? Chief Jolly stated no. Vice Mayor Quillin stated that the boat has expensive equipment and is probably not derelict; and asked if the SPD Marine Patrol is checking for proper registration or title of ownership for boats moored in Sarasota Bay? Chief Jolly stated that registration is not required for boats without motors; that the SPD Marine Patrol does not have the BOOK 50 Page 21984 10/15/01 6:00 P.M. BOOK 50 Page 21985 10/15/01 6:00 P.M. means to enforce re-registration of boats after sale; that derelict boats are often junk boats. Vice Mayor Quillin stated that sales tax is due on any boat sold or re-sold; that the State is being defrauded if the sales tax is not paid; that the Florida Statutes must be enforced; that the City should declare a moored boat uninhabitable if proof of ownership cannot be provided; that moorings are a concern; that significant personal experience is held with boats; that sales tax must be paid for the sale and re-sale of a boat; that a luxury tax was also required previously; that boats should not be moored if proof of ownership cannot be provided. Commissioner Palmer quoted the October 3, 2001, Interoffice memorandum from the Deputy Police Chief to the Finance Director included in the Agenda backup material as follows: Failure of the owners to reimburse our expenses will result in that person being unable to register that vessel or any. other vessel or watercraft until such payment is made Commissioner Palmer continued that the City's punishment seems weak; and asked the City's options if the boat is in salvageable condition? City Attorney Taylor stated that an involved statutory process must be followed to assume the title of the boat; that the legal system provides a mechanism to assume the title of the boat if salvageable quality warrants. Commissioner Palmer stated that the City's punishment policy should be more strict for future use if a stricter State law does not supercede the City's. Vice Mayor Quillin stated that a salvage company will remove the boat; that if the boat is salvageable, a fee would be paid to the salvage company for the owner to retrieve the boat; that the only recourse the City has is to ticket the boat. owner for a code violation such as loose lines. City Manager Designate McNees stated that the assumption is the boats raised by the City become the property of the City; that every attempt will be made to recover the costs incurred for removing the derelict boats. Vice Mayor Quillin stated that the SPD Marine Patrol should request proof of ownership from every boat moored; that the City sales tax due the State for the. sale or is . obligated to collect re-sale of boats. City Manager Designate McNees stated that citizens are concerned with moored derelict and semi-derelict boats; that Staff is rèviewing procedures for handling moored derelict boats. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1435 by title only. On motion of Commissioner Martin and second of Vice Mayor Quillin, it was moved to adopt Consent Agenda No. 2, Item No. 7. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 8. Adoption Re: Proposed Resolution No. 02R-1436, appropriating $250,000 from the unappropriated fund balance of the Tax Increment Financing Fund to fund the purchase of property known as the "Belvedere" and air rights at the western end of Boulevard of the Arts fronting Sarasota Bay, etc. (Title Only) Commissioner Palmer stated that the language in proposed Resolution No. 02R-1436 is unclear; that the phrase "air rights" is not understood; and asked for clarification. Christopher Lyons, Deputy Director of Finance, came before the Commission and stated that $125,000 was budgeted for fiscal year (FY) 2001/02 to purchase the surface rights for the property known as- the Belvedere; that the $250,000 to purchase the air rights for the Belvedere is included in the Capital Improvements Program : (CIP) but is not scheduled until FY 2005/06; that the final certification of taxable value for the Tax Increment Finance (TIF) district has been received from the Property Appraiser's Office and is substantially higher than anticipated; that the TIF revenues will be $198,000 higher than expected; that the increased TIF revenues will assist in funding the unanticipated purchase of the air rights for the Belvedere. Commissioner Palmer stated that $125,000 was budgeted for the purchase of the surface rights; that the purchase of the air rights is separate from the purchase of the surface rights; that proposed Resolution No. 02R-1436 indicates $250,000 will purchase both surface and air rights; that the total purchase BOOK 50 Page 21986 10/15/01 6:00 P.M. BOOK 50 Page 21987 10/15/01 6:00 P.M. price is not $250,000 but rather $375,000; that proposed Resolution No. 02R-1436 should be revised to. indicate the difference between the surface and air rights as well as the total price of the purchase; that proposed Resolution No. 02R-1436 is inaccurate. Vice Mayor Quillin stated that. the purchase price for the surface rights was previously budgeted; therefore, a special appropriation is not required. Commissioner Palmer stated that proposed Resolution No. 02R-1436 indicates the purchase price for both the surface rights and air rights is $250,000; however, the total purchase price is $375,000; that the purchases are being made separately rather than as one. Vice Mayor Quillin stated that the $250,000 is indicated as a reimbursement for itemized costs of studying the potential development of the Belvedere. and associated legal costs in connection with the proposed development of the Belvedere rather than the purchase of the air rights in the October 1, 2001, interoffice memorandum from the City Attorney's Office included in the Agenda backup material; that the request is for an advance on an item: planned in the Capital Improvement Plan (CIP) for FY 2005/06; that proposed Resolution No. 02R-1436 will not be supported without a specific itemization of the expenses. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and' stated that the owners of the surface and air rights are two distinct entities; that site plans were previously approved for the property to the north of the Sarasota Quay and south of the Hyatt being developed by Air Rights Development of Sarasota, Inc., the owner of the Belvedere air rights (Air Rights) as well as for the Beau Ciel condominiums at the Hyatt Hotel (Beau Ciel); that spending $125,000 for the surface rights for the Belvedere subject to the air rights of another entity is not prudent; that neither owner has an obligation to convey the property rights for the Belvedere to the City until a building permit is issued for the development; that a building permit will probably be issued for Beau Ciel condominium project prior to the end of the year; that a building permit will probably not be sought for the Air Rights until a future date; however, the owner of the air rights has agreed to waive the requirement concerning the building permit and is willing to. convey the air rights prior to issuance of the building permit; which will benefit the' Cityi that the air rights should be acquired at the same time as the surface rights; that obtaining the surface rights to the Belvedere. without the air rights does not make sense. Vice Mayor Quillin stated that the $250,000 appropriation will buy air for the City. Attorney Fournier stated that the two property owners could develop a joint venture for the property which is in. the Commercial, Central Business District (C-CBD) Zone District; that previous studies determined a 16-unit condominium could be developed on the Belvedere site; that the donation agreement between the City, Hotel Associates of Sarasota, Ltd., and Air Rights Development of Sarasota, Inc. (Belvedere. Donation Agreement), establishes the transfer of the surface and air rights of the Belvedere to the City as a donation; that the reimbursement by the City is for the owners' cost of site development studies and legal expenses. Vice Mayor Quillin asked if the $125,000 has been expended for the surface rights? Attorney Fournier stated no. Vice Mayor Quillin stated that the City is going to purchase the air rights prior to the surface rights. Attorney Fournier stated that the air rights could be purchased prior to the surface rights; however, the surface rights would be purchased within the following 30 to 60 days. Vice. Mayor Quillin stated that the purchase of air will not be supported during her tenure as Commissioner. Attorney Fournier stated that development rights are being purchased rather than the technical air and surface rights; that building permits will be issued for the Beau Ciel condominium as well as the Air Rights development in the future. Vice Mayor Quillin asked the reason for not adhering to the Belvedere Donation Agreement? Attorney Fournier stated that the hope is for one simultaneous closing on both surface and air rights. Commissioner Palmer asked if both the surface and air rights are being purchased with the $250,000? BOOK 50 Page 21988 10/15/01 6:00 P.M. BOOK 50 Page 21989 10/15/01 6:00 P.M. Attorney Fournier stated that the surface rights will cost $125,000; that the air rights will cost $250,000. Commissioner Palmer stated that the Belvedere Donation Agreement must make the distinction between the surface and the air rights. Vice Mayor Quillin stated that the City is paying $250,000 for air rights. Commissioner Palmer stated that the Belvedere Donation Agreement does not make the distinction between surface and air rights and therefore does not indicate the City is paying $250,000 for air rights. Vice Mayor Quillin stated that the City is paying $250,000 for air rights. City Manager Designate McNees stated that proposed Resolution No. 02R-1346 appropriates the portion of the required cost not yet funded; that the term "Belvedere" will be removed from proposed Resolution No. 02R-1436; that the air rights will be purchased for $250,000; that the Commission previously approved the appropriation for $125,000 for the surface rights; that the Belvedere Donation Agreement was previously approved; that the decision to approve or deny the purchase is not necessary at this time as the Belvedere Donation Agreement was previously approved. Vice Mayor Quillin stated that the Belvedere Donation Agreement indicates the surface rights will be purchased prior to the air rights; that the $250,000 expenditure for the air rights will not be supported prior to closing and both owners' obtaining building permits. Attorney Fournier stated that neither owner has obtained a building permit; that the surface rights should not be purchased first; that the owners of the surface rights are expected to obtain the building permits first for the Hyatt Hotel; that the surface rights should not be acquired without the air rights. Vice Mayor Quillin asked the reason the surface and air rights cannot be purchased separately? Attorney Fournier stated that the City will have spent $125,000 on land which cannot be developed if one building permit is obtained and the other building permit is not. Vice Mayor Quillin stated that the land should be kept as gréenspace; that development cânnot occur on land which has no air rights. Attorney Fournier stated that the surface rights are subject to easementsi that the Belvedere Donation Agreement indicates the City is purchasing the land for passive recreational. use; that legal problems' could be encountered if the. - air rights. are not acquired. Vice Mayor Quillin asked the anticipated. date "of closing for the surface rights? Attorney Fournier stated that the closing for both the surface and air rights will occur prior to January 2002. Vice Mayor Quillin stated that. the Belvedere Donation Agreement indicates the City will purchase the surface and air: rights at the time. building permits have been obtained; that. building permits. have not been obtained. Attorney Fournier stated that the owners are not required to convey rights to the City until building permits have been obtained, which benefits the owners; that the owners of the air rights are offering to convey prior to. obtaining the building permits which is beneficial to the Cityi that the City can procure surface and air rights simultaneously or consecutively. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1436 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item No. 8. Vice Mayor Quillin stated that proposed Resolution No. 02R-1346 is not supported; that the Belvedere Donation Agreement is supported; that proposed Resolution No. 02R-1346 will be supported at the time the owners obtain the building permits; that TIF funding could be better utilized for other projects in the TIF district. BOOK 50 Page 21990 10/15/01 6:00 P.M. BOOK 50 Page 21991 10/15/01 6:00 P.M. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 1): Mason, yes; Palmer, yes; Quillin, no; Martin, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non : quasi-judicial public hearings will have five minutes to speak; that - speakèrs will be timed and will be advised when one. minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 10. CONTINUED NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 01-4337, CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE CHARTER OF THE CITY OF SARASOTA SHALL BE AMENDED TO CHANGE THE FORM OF MUNICIPAL GOVERNMENT FROM A "COMMISSION-MANAGER" SYSTEM TO AN "ELECTED AYOR-COMPAISSION SYSTEM IN WHICH A MAYOR WOULD BE ELECTED BY THE VOTERS IN ADDITION TO FIVE CITY COMMISSIONERS; AND IN WHICH THE ELECTED MAYOR WOULD BE THE CHIEF EXECUTIVE OFFICER OF THE CITY, EXERCISING MANAGERIAL, SUPERVISORY AND BUDGETARY AUTHORITY PRESENTLY EXERCISED BY THE CITY MANAGER; AND IN WHICH THE MAYOR. WOULD HAVE ADDITIONAL POWERS AND AUTHORITY AS MORE FULLY SET FORTH IN THE TEXT OF THE PROPOSED AMENDMENT ; SCHEDULING SAID REFERENDUM FOR MARCH 12, 2002; SETTING FORTH THE TEXT OF THE PROPOSED CHARTER AMENDMENT AND STATING THE TITLE AND SUMMARY OF THE PROPOSED AMENDMENT AS IT WILL APPEAR ON THE BALLOT AT THE REFERENDUM; PROVIDING FOR AN EFFECTIVE DATE FOR THE CHARTER AMENDMENT, IF APPROVED; ; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (2940) through #2 (0140) Robert Fournier, Attorney, City Attorney's Office, came before the Commission. and stated that proposed Ordinance No. 01-4337 calls for a referendum of the qualified electors of the City at the March 12, 2002, special election to determine if the City of Sarasota Charter (1996) (City Charter) shall be amended to change the form of City government from a Commission/Manager to an Elected Mayor/Commission system; that the. public hearing çoncerning proposed Ordinance No. 01-4337 was initially opened - at the September 17, 2001, Regular Commission meeting and continued- to the current meeting; that the Commission provided direction regarding desired. revisions to the title: and summary of the referendum; that Section - 6 of proposed Ordinance No." 01-4337 was revised to provide for an initial 2-year term for the Mayor if the referendum passes; that the Mayor would take office during April 2003; that the second election for the Mayor would be held during March 2005; that the Mayor would then serve a 4-year term concurrent with at-large Commissioners and would be limited to a total of three 4-year terms; however, the first elected Mayor would be allowed to serve a total of 14 years if elected to three 4-year terms and the initial 2-year tèrm. Attorney Fournier continued that Section 5 of proposed Ordinance No. 01-4337 contains the following language for the proposed referendum: Title: Charter Amendment: Change the : Form of City Government to "Strong Mayor" as Chief Administrative Official Summary: Amendment creating new office of Mayor elected by voters (in addition to. five City Commissioners) granting authority to Mayor ito perform all duties now assigned to City Manager; and authority to set. or approve Commission agendas; vote to break a tie; exercise line item veto over commission decisions (except land use) subject to override by four fifths Commission vote; hire, fire, and supervise City Manager and all other city employees (except Clerk and Attorney's offices) Attorney Fournier further stated that the Commission previously. directed Staff to include the term "Strong Mayor" in the title; that the. term "Strong Mayor" was initially excluded from the title or summaryi however, the term "Strong Mayor" was included in the title after reviewing several Sarasota Herald-Tribune articles which indicate the public commonly refers to the proposed system of government as the "Strong Mayor" system; that the State allows the inclusion of non-technical language in a title or summary if. the term or phrase is commonly understood by affected citizens; that the Sarasota Herald-Tribune articles also indicate the public commonly refers to the proposed referendum as the "Strong Mayor" referendum. BOOK 50 Page 21992 10/15/01 6:00 P.M. BOOK 50 Page 21993 10/15/01 6:00 P.M. Attorney Fournier stated further that the proposed title previously indicated a "Charter Amendment to Change the Form of City Government: Mayor as Chief Executive Officer"; that the ballot title was revised to indicate "Strong Mayor as Chief Administrative Official"; that the term "Chief Executive Officer" is more commonly associated with private corporations and not municipalities; that the term "Chief Administrative Official" is more appropriate and accurate and indicates the general powers proposed for the elected Mayor. Attorney Fournier stated that the summary was revised to indicate the position of Mayor would be in addition to the five Commissioners; that the phrase "Elected by Voters" was added to the ballot summary specifically to indicate the Mayor will be elected by the citizens and no longer selected by Commissioners; that the phrase "Granting Authority to Mayor to Perform All Duties Now Assigned to City Manager" was previously located at the end of the summary but was repositioned as the second phrase to indicate the general powers allotted to the Mayor; that the spécific powers of the Mayor which are not currently grânted to the City Manager follow; that the Mayor would be granted the authority to set or approve Commission Agendas, vote to break a tie, and exercise line-item veto over Commission decisions except for land-use decisions, subject to override by a four- fifths vote of the Commission; that the Mayor would also have the power to hire, fire, and supervise the City Manager and all other City employees not - under the authority of the City Auditor àand Clerk or City Attorney; that an explanation of all details of, a proposed amendment to the City Charter is not required in the ballot summary; that only a general description is required; that including an * explanation of every detail of proposed Ordinance No. 01-4337 in a 75-word ballot summary is not possible. Mayor Mason opened the continued public hearing. The following people came before the Commission: David Wilcox, Attorney, law firm of Kirk-Pinkerton, 3202 Riverview Boulevard, Bradenton (34205), representing the Coalition for Sarasota's Future, stated that the time and efforts of the Commission and Staff to prepare the referendum and the proposed amendment to the City Charter are appreciated; however, the Coalition for Sarasota's Future does not support including the term "Strong Mayor" in the referendum language; that the. Sarasota Herald-Tribune does not represent the public; that articles printed by the Sarasota Herald-Tribune do not connote language commonly understood by the public; that the proposal for an Elected Mayor/Commission system of government is not appropriately described as the Strong Mayor system; that despite the proposed ballot language, the primary concern of the Coalition for Sarasota's. Future is seeking a change in the system of City government for citizens; that a legal objection will not be filed by the Coalition for Sarasota's Future; that the March 12, 2002, election should proceed as scheduled; that the language of the referendum should be as politically neutral as possible. Reverend Don Roberts, 1600 Wewa Drive (34239), stated that the time and efforts of the Commission and Staff to prepare the proposed amendment to the City Charter are appreciated; that affording citizens the opportunity to examine and consider an alternate form of City government is appreciated; that changing the system o'f City government is a complex matter; that significant public considération of the current and proposed systems of municipal government occurred as part of the deliberations of the Charter Review. Committee; that the Commission's leadership to facilitate the public's consideration of the form of City government is appreciated. There was no one else signed up to. speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4337 by title only. On motion of: Vice Mayor Quillin and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 01-4337 on first reading. Commissioner Martin stated that the efforts of the City Attorney's Office to prepare the proposed ballot language are. appreciated. Mayor Mason concurred; stated that the time and efforts of the Charter Review Committee to prepare recommendations concerning amendments to the City Charter are appreciated; called for a vote on the motion to pass proposed Ordinance No. 01-4337 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; Quillin, yes; Martin, yes; Mason, yes. BOOK 50 Page 21994 10/15/01 6:00 P.M. BOOK 50 Page 21995 10/15/01 6:00 P.M. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 01R-1404, AMENDING ATTACHMENT 1 TO PREVIOUSLY ADOPTED RESOLUTION 01R-1336 IN ORDER TO ADD TWO ADDITIONAL CHANGES TO THE LIST ENTITLED "CITY COMMISSION CHANGES TO THE CONSULTANT'S COMPLETED DOWNTOWN MASTER PLAN" PRIOR TO THE EFFECTIVE DATE OF SAID MASTER PLAN; SAID CHANGES BEING A CHANGE TO THE "CIVIC RESERVATIONS" MAPS TO REMOVE THE DESIGNATION OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RINGLING BOULEVARD AND SOUTH PALM AVENUE OWNED BY THE CHURCH OF THE REDEEMER AS A PARCEL TO BE RESERVED FOR CIVIC PARKING; AND A CHANGE TO THE "TRANSECT ZONES" MAPS TO CHANGE THE DESIGNATION OF THE EAST AVENUE CORRIDOR FROM THE NEIGHBORHOOD CENTER ZONE TO THE NEIGHBORHOOD GENERAL ZONE i ETC. - ADOPTED (AGENDA ITEM IV-A-3) #2 (0140) through (0300) Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that proposed Resolution No. 01R-1404 concerns two additional changes to the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020); that the changes were proposed at the July 30, 2001, Special Commission meeting during consideration of the required amendments to revise the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), to ensure consistency with the Downtown Master Plan 2020; that the proposed changes to the Downtown Master Plan 2020 are to: 1. Remove the designation of Civic-Parking (C-P) Reservation on the Civic Reservations Map from property owned by the Church of the Redeemer Episcopal at the southeast corner of Ringling Boulevard and Palm Avenue 2. Change the designation of the East Avenue corridor on the Transect Zones Map from Neighborhood Center to the Neighborhood General Transect Zone Attorney Fournier continued that. proposed Resolution No. 01R-1404 will amend Resolution No. 01R-1336 to add the two proposed changes to Exhibit A, City Commission Changes to the Consultant's Completed Downtown Master Plan; that the final version of the Downtown Master Plan 2020 as prepared by Duany Plater-Zyberk & Company (DPZ) is also included as an attachment to Resolution No. 01R-1336. Mayor Mason opened the public hearing. The following people came before the Commission: Charles Bailey, Attorney, law firm of Williams, Parker, Harrison, Dietz & Getzen; 200 South Orange Avenue (34236), and Father Jack Bowling, 3383 Yonge Avenue (34235), representing the Church of the Redeemer Episcopal (Church). Attorney Bailey stated that the efforts of the Commission and Staff to change the Downtown Master Plan 2020 as desired by the Church are appreciated; that the Church's property is currently utilized to provide much needed parking for Church members and visitors and will be utilized to expand Church facilities in the future; that adopting proposed Resolution No. 01R-1404 is supported. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1404 by title only. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt proposed Ordinance No. 01R-1404. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Martin, yesi Mason, yes; Palmer, yes. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4339, AMENDING THE CITY OF SARASOTA LOCAL AMENDMENTS TO THE STANDARD BUILDING CODE, 1997 EDITION, / THE STANDARD MECHANICAL CODE, 1997 EDITION, THE STANDARD GAS CODE, 1997 EDITION, I THE STANDARD PLUMBING CODE, 1994 EDITION, AND THE NATIONAL ELECTRICAL CODE, / 1996 EDITION, AS ADOPTED BY CHAPTER. 11, BUILDING AND BUILDING REGULATIONS, ARTICLE II, PERTAINING TO THE SCHEDULE OF FEES; TO PROVIDE FOR INCREASES OR MODIFICATIONS TO EXISTING FEES; TO CREATE NEW FEES, AND TO REPEAL CERTAIN FEES; AMENDING THE CITY OF SARASOTA LOCAL AMENDMENTS TO THE STANDARD FIRE PREVENTION CODE, 1997 EDITION, AS ADOPTED BY REFERENCED BY CHAPTER 14, FIRE PREVENTION AND PROTECTION, PERTAINING TO THE SCHEDULE OF FEES; TO PROVIDE FOR INCREASES OR MODIFICATIONS TO EXISTING FEES; TO CREATE NEW FEES, AND TO REPEAL CERTAIN FEES; : PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; : PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE ETC. (TITLE ONLY) PASSED ON BOOK 50 Page 21996 10/15/01 6:00 P.M. BOOK 50 Page 21997 10/15/01 - 6:00 P.M. FIRST READING WITH THE DELETION OF THE SENTENCE "GOOD CAUSE SHALL INCLUDE BUT NOT BE LIMITED TO MISTAKE OR INADVERTENCE OR EXCUSABLE NEGLECT" FROM SECTION 7 OF THE PROPOSED REVISIONS TO THE STANDARD MECHANICAL CODE, 1997 EDITION, AS ADOPTED IN CHAPTER 11, BUILDING AND BUILDING REGULATIONS, L ARTICLE II, SARASOTA CITY CODE (1986 AS AMENDED) (AGENDA ITEM IV-A-4) #2 (0300) through (0440) Timothy Litchet, Director of Building, Zoning, and Code Enforcement, and David Waugh, Deputy Director of Building, Zoning, and Code Enforcement, came before the Commission. Mr. Litchet stated that proposed Ordinance No. 01-4339 concerns proposed amendments to revise the: Schedule of Fees of the following: The Standard Building Code, 1997 Edition (Building Code), thé Standard Mechanical Code, 1997: Edition Mechanical Code), the Standard Gas Code, 1997 Edition (Gas Code), the Standard Plumbing Code, 1994 Edition (Plumbing Code), the National Electrical Code, 1996 Edition (Electrical Code), as adopted in Chapter 11, Building and Building Regulations, Article II, Sarasota City Code (1986 as amended) (City Code), and the Standard Fire Prevention Code, 1997 Edition (Fire Code), as adopted in Chapter 14, Fire Prevention and Protection, City Code Mr. Litchet continued that. the proposed amendments will increase the City's permit fees which will fund the addition of a Plans. Examiner position to the Department of Building, Zoning, and Code Enforcement; that the additional Plans Examiner position will be utilized to expedite Staff's review of building plans and to. increase service to the public; that the proposed. increase to the Schedule of Fees was discussed at the July 9, 2001, Budget Workshop. Commissioner Palmer stated that the sentence "Good cause shall include but not be limited to mistake or inadvertence or excusable neglect" is included as. a proposed revision to Section 7 of the Mechanical Code but not in the proposed revisions to the Building Code, the Gas Code, the Plumbing Code, the Electrical Code, or the Firé Code; that the. sentence should be deleted from the proposed revisions to the Mechanical Code to ensure consistency with the City's other standard construction codes. City Attorney Taylor concurred and stated- that the proposed revisions originally included the sentence concerning good cause in all standard construction codes; however, at the. October 1, 2001, Regular meeting, the Commission set proposed Ordinance No. 01-4339 for public hearing with two changes to all standard building code sections: 1. Delete the sentence "Good cause shall include but not be limited to mistake or inadvertence or excusable conduct" 2. Add the text "The request must be received twenty-four (24) hours in advance of the requested inspection or by the close of the last. business day prior to a Sunday or holiday inspection." City Attorney Taylor continued that the sentence concerning good cause should not have been included in proposed Ordinance No. 01-4339, was removed from all other standard building code sections, and will be removed the Mechanical Code prior to second reading. Commissioner Martin asked the time anticipated to hire a new Plans Examiner? Mr. Litchét stated that an advertisement for the new Plans Examiner position is being prepared; that the advertisement will be posted as soon as possible after proposed Ordinance No. 01-4339 is passed; that difficulty is anticipated in hiring a new Plans Examiner; that 13 Plans Examiner positions are. currently vacant and advertised in the State; that the new Plans Examiner position will be advertised in. as many publications as possible. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No.. 01-4339 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 01-4339 on first reading and delete the sentence "Good cause shall include but not be limited to mistake or inadvertence or excusable neglect" from Section 7 of the proposed revisions to the Standard BOOK 50 Page 21998 10/15/01 6:00 P.M. BOOK 50 Page 21999 10/15/01 6:00 P.M. Mechanical Code, 1997 Edition, as adopted in Chapter 11, Building and Building Regulations, Article II, Sarasota City Code (1986 as amended) . . Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM. V) #2 (0440) through (1430) City Auditor and Clerk Robinson stated that any person wishing to speak to any topic related to the. City during Citizens' Input is requested to complete a Rèquest to Speak form; that speakers will have three minutés to speak; that speakers will be timed and will be advised when one minute remains. The following people came before the Commission: Stephen Phillips, 1165 Tahiti Parkway (34236), Walter Verizzo, 1008 Sylvan Drive (34234), Joseph Spinella, 1695 Lowe Drive (34236), Aime Verhofstadt, 1014 Sylvan Drive (34234), Kafi Benz, P. 0. Box 2900 (34230), representing the Indian Beach/Sapphire Shore Neighborhood Association (IB/SSA), and Pola Sommers, 1111 Hampton Road (34236). Mr. Phillips read from a prepared statement indicating that he livès in the Tahiti Park Neighborhood, which is located immediately south of the Whitaker Bayou and west of US 41; that the Tahiti Park Neighborhood is the first neighborhood located north of Downtown and west of US 41, has a large tree canopy throughout the neighborhood, has. very narrow streets, and has only one entrance and exit roadway; that. the. Tahiti Park Neighborhood is quiet ànd serene, qualities which are diffiçult to find in other City neighborhoods; that homes located in the Tahiti Park Neighborhood are rarely sold and sell very quickly if for sale; that many non-residents drive or walk through the Tahiti Park Neighborhood to enjoy the quiet and serene setting; that the Tahiti Park Neighborhood is not well known in the City, is located close to Downtown, but is surrounded by commercial properties; that the location of the neighborhood is unique; that many other City residents desire to live in the Tahiti Park Neighborhood; that residents of the Tahiti Park Neighborhood are generally a friendly and neighborly people. Mr. Phillips continued that restaurants, motels, and a boat repair facility adjoin the Tahiti Park Neighborhood but have not posed any negative impact until recently; that the boat repair facility recently filled an existing pond and wetlands; that a significant amount of native vegetation was removed which served as a natural buffer between neighborhood homes and the boat repair facilityi; that the pond and wetlands served as a home to many species of native wildlife; that the pond served as an additional buffer between residential and other commercial properties; that the Commission has a significant reputation for protecting neighborhoods; that the residents of the Tahiti Park Néighborhood are seeking protection from further commercial encroachment; that the new owner of the boat repair facility is converting a small marine repair shop into a full-scale marina including boat storage racks exceeding 40 feet in height; that 180 boats could potentially be stored at the proposed boat storage facility; that the property of the boat repair facility is designâted in a Commercial, Intensive (CI) Zone District, which allows boat storage facilities; that a marina and. boat storage facility were personally managed for over three years; that the boat repair facility will not be a boat storage facility only but will be operated as a full-scale marina in the future; and requested additional time to speak. Mayor Mason stated that the Commission's consensus is to allow additional time to speak. Mr. Phillips stated that the expanded boat repair facility will not be: utilized to provide long-term boat storage, but will be utilized for daily service and short-term storage; that the boat storage facility will utilize two large diesel forkliit trucks to store boats; that only marinas are allowed to dispense fuel for boats; that few individuals will desire boat storage at a property which does not provide fuel; that a marina is not a commercial use which is compatible with residential homes; that open-style, non-roofed boat racks are not aesthetically pleasing; that the construction of the boat racks will negatively affect the visual appeal of and property values in the' Tahiti Park Neighborhood; that many properties in the City are located in a CI Zone District; however, the City would not permit the construction of boat racks on many of the properties; that the construction of boat racks should definitely not be allowed near the Tahiti Park Neighborhood; that Commissioners are encouraged to visit the Tahiti Park Neighborhood and envision a 40-foot-high, open-style, non-roofed boat rack immediately adjacent to many residential homes; that the residential and aesthetic character of the Tahiti Park BOOK 50 Page 22000 10/15/01 6:00 P.M. BOOK 50 Page 22001 10/15/01 6:00 P.M. Neighborhood should be protected; that commercial development on US 41 must be carefully scrutinized to ensure existing, established neighborhoods are not negatively affected; that a study should be conducted of the potential * impact. of the proposed boat repair facility and future marina on the Tahiti Park Neighborhood; that protection of the City's existing neighborhood should be valued over the promotion of commercial development. City Attorney Taylor stated that the owner of the boat repair facility only recently submitted an administrative site plan application seeking expansion; that the merits of the application has not been fully considered. by the Director of Building, Zoning, and Code Enforcement; that the important administrative process to consider the application has not been completed; that the Commission should not take action until the appropriate Staff has reviewed the consistency of the application with the City's codes and provided an interpretation; that the decisions of Staff can be appealed to the Planning Board/Local Planning Agency (PBLP); that the Commission does not possess the legal authority to act until the appropriate administrative reviews have occurred. Commissioner Martin stated that speakers should be limited to three minutes if possible. Mr. Verizzo read from a prepared statement indiçating that he has lived in the City at the same residence immediately north of the Whitaker Bayou for 41 years; that Mr. Phillips' statement is supported; that City residents living north of the Whitaker Bayou will also. be negatively affected by the expansion of the boat repair fàcility; that an expanded marine facility will significantly increase the intensity of commercial and marine activity near several residential neighborhoods; that the risk of damage and physical harm will increase significantly for adjacent residential properties during the hurricane season, which lasts between five and seven months each year; that thé stored boats will represent a direct danger to neighborhood residents if a hurricane occursi. that up to 180 boats will be stored at the facility; that approximately 9,000 gallons of gasoline will also be stored at a particular time if each boat averages 50. gallons of gasoline; that each boat represents an explosive fire hazard; that 180 potentially explosive fire hazards could destroy many nearby residential homes; that the boats will be precariously perched on the upper levels of the boat racks. Mr. Verizzo: continued that the potential noise pollution gènerated into the surrounding neighborhoods from a large boat storage facility is also a significant concern; that signifiçant noise will be. generated from the operation of boats to and from the: boat storage facility on the Whitaker Bayou; that further noise will occur each time a boat's engine is flushed with fréshwater in dry dock or if a forklift truck is operated to store or remove a boat; that flushing outboard. boat motors with freshwater in dry dock generates noise similar to a vehicle operating without a muffler; that noise travels well across water; that significant noise pollution will occur: in the surrounding neighborhoods; that water pollution is an additional concern; that the water flushed from a, boat engine contains oil and gasoline contaminants, which will probably be expelled into Whitaker Bayou; that many manatees swim near Whitaker Bayou and will also be negatively affected by - the, increased boating açtivity. Mr. Spinella displayed and referred to photographs of his home and read from a prepared statement indicating that his home was récently restored, is. of historic significance, was designed by Ralph Twitchell, an architect of the Sarasota School of Architecture, and was recently featured in Metropolitan Home Magazine, Sarasota Magazine, London Magazine, and on the Home and Garden Television Network; that his home will also be featured as part of a national tour sponsored by the Sarasota School of Architecture Symposium; that : the proposed boat racks will negatively affect the aesthetic perception and character of his home; that the surrounding native flora are considered an integral element of the architectural character of the home; that the aesthetic, architectural, and property values of the home will be significantly decreased; that Sarasota's architectural history must be preserved; that many historic homes will be negatively affected if the boat facility is expanded; that the aesthetic character of the City's neighborhoods and historic homes must be preserved and maintained for future generations; that the' Commission should not allow thé expansion of the boat repair facility. Mr. Verhofstadt distributed copies of and read from a prepared statement indicating that he and his wife live north of the which did not Whitaker Bayou near the boat repair facility, previously affect the surrounding neighborhoods negatively; that the previous owner of the boat repair facility maintained a BOOK 50 Page 22002 10/15/01 6:00 P.M. BOOK 50 Page 22003 10/15/01 6:00 P.M. positive relationship with many neighborhood residents; that only shaded boat slips catering to large sailboats and yachts previously existed at the boat repair facility, which was previously operated only from Monday through Friday between 8 a.m. and 5 p.m.i that at the time, the boat repair facility did not disturb the surrounding single-family neighborhoods; that the City allowed the boat repair facility to continue business near residential neighborhoods due to the quiet nature of the previous commercial activities which was not the operation of a large-scale boat storage facility or a marina; that a large boat storage facility represents an intense commercial use and will operate seven days a week for many hours; that the City allows the operation of commercial equipment from 7 a.m. to 7 p.m. during Monday through Friday and from 10 a.m. to 7 p.m. on Saturday and Sunday; that the operation of the forklift trucks and outboard engines will generate significant noise pollution into the surrounding neighborhoods. Mr. Verhofstadt continued that stored boats could potentially be hurled from thé boat racks onto nearby residential homes during a hurricane; that boat racks are not aesthetically pleasing and will negatively affect the visual appeal and aesthetic character of the surrounding neighborhoods; that the views from Whitaker Bayou will also be negatively affected by a large boat storage facility; that allowing the construction of the large boat storage facility will negatively affect over 80 homes; that the City did not inform residents of the owner's development applications; that affected residents did not learn of : the proposed expansion until the permitting process was well advanced; that further consideration of the owner's development applications should be postponed until a public hearing is hèld to allow the presentationt of the residents' concerns to. the Commission and the. public. Ms. Benz stated that Whitaker Bayou forms the southern boundary of the Indian Beach/Sapphire Shores Neighborhood; that many residents will be negatively affected by the proposed boat storage facility; that the Tahiti Park Neighborhood does not. have a formal neighborhood association and requested the assistance of the IB/SSA, which facilitated several neighborhood meetings to discuss the proposed boat storage facility; that the City initiated several zoning changes during 1970s to spur commercial development; however well intentioned, the City's efforts created the potential for significant commercial intrusion into residential neighborhoods; that the property of the boat repair facility represents a similar potential and is designated in the CI Zone District; that. during the 1970s, neighborhood residents did not indicate: a concern. for the commercial rezoning of the boat repair facility due to - a positive relationship with the previous owner and the insignificant impact of the previous operations; that the new property owner has indicated a desire to develop the property, to the maximum : commercial potential allowed by the City's - codes; that a special exception will not be required to construct the proposed boat storage facility. Ms. Benz continued that many historic homes are located near the boat repair facility; that many other nearby homes and propertiés are eligible for historic designation; that, many nearby structures were designed by practitionérs of the Sarasota School of Architecture; that the City has an excellent réputation for protecting neighborhoods from commercial intrusion; that confidence is held in the abilities and willingness of Staff to protect the City's neighborhoods; that the assistance of the Commission is requested to ensure the affected neighbprhoods are protected from further commercial intrusion. Ms. Somers displayed and referred to a computer-generated image of the proposed boat storage facility superimposed onto a photograph of sevèral single-family residential . homes and photographs of the boat repair facility and - former pond and wetlands and stated that she has lived in the Tahiti Park Neighborhood for over 15 years; that the proposed boat storage facility will negatively affect her home; that many of her family members live in homes near the boat repair facility and will also be negatively affected by the construction of the proposed boat storage fàcility; that many of the homes previously had aesthetic views of the Whitaker Bayou, the pond, and the wetlands; however, the new owner of the boat repair facility destroyed the pond and wetlands; that an important element of the aesthetic character of the surrounding neighborhoods has been destroyed; that the pond was filled with gravel; that the surrounding neighborhoods are. no longer buffered from nearby commercial developments by the ponds and wetlands; that the owner recently erected a fence between the residential properties and the boat repair facility as a buffer; however, the fence is not aesthetically pleasing and does not completely buffer the increased commercial activity at the boat repair facility; that many neighborhood homes will be negatively affected by the appearance of the proposed 40-foot-high boat BOOK 50 Page 22004 10/15/01 6:00 P.M. BOOK 50 Page 22005 10/15/01 6:00 P.M. racks and the increased noise at the property; that no boat racks which directly abut neighborhoods currently exist or are allowed in the City; that intense commercial development should not be allowed near. the City's neighborhoods. Linda Holland, 617 Gillespie Avenue (34236), stated that the City Trails Design Charrette was held on October 12 and 13, 2001, and was personally attended on October 13, 2001; that. a barbecue dinner celebrating the City Trails Design Charrette was held during the evening of October 13, 2001, and was also personally attended; that the City Trails Design Charrette was well. attended and was considered successful; that many residents attended to discuss City and other local and State trails and similar recreational facilities; that the City Trails Design Charrette was reminiscent of the City's effort to spur the redevelopment of Gillespie Park, which was redeveloped into an aesthetically pleasing, passive park frequently utilized by the. public; that the City's efforts to facilitate the City Trails Design Charrette are appreciated; that additional design charrettes should be held to discuss other City topics; that the City Trails Design Charrette produced many important concepts and solutions for improving local trails and recreational facilities; that the barbecue dinner was also pleasing; that the attendance and participation of Mayor Mason ànd Commissioner Martin were appreçiated. Mayor Mason stated that the City Trails Design Charrette was well attended by. citizens and represents another successful effort of citizens to actively participate in the improvement of the community and the administration of City government; that citizens are encouraged to continue to work and cooperate with the City to improve the community. Ms. Holland concurred. Commissioner Palmer stated that attendance at the City Trails Design Charrette was desired but did not occur due to a prior engagement;, that the success of ànd participation of citizens at the City Trails Design Charrette is encouraging. 14. UNFINISHED BUSINESS. REPORT RE: : TRANSPORTATION MANAGEMENT ORGANIZATION (TMO) QUARTERLY STATUS REPORT - RECEIVED REPORT AND DIRECTED THE ADMINISTRATION TO SET THE DATE FOR THE NEXT QUARTERLY REPORT OF THE DOWNTOWN ASSOCIATION OF SARASOTA, INC., FOR THE TMO (AGENDA ITEM VI-1): #24 (1419) through (1760) Pam Truitt, Downtown Association of Sarasota, Inc. (Downtown Association), and Kurt Forster, Executive Director, Transportation Management Organization (TMO), came before the Commission. Ms. Truitt stated that Mr. Forster was hired this afternoon as the new Executive Director for the TMO; that the TMO has been discussed for many years; however, the Interlocal Agreement between the Downtown Association and the City for funding for the TMO was only officially approved at the June 18, 2001, Regular Commission meeting with funding becoming available on October 1, 2001. Mr. Forster stated that the Commission is thanked for the forésight in funding the TMO and reviewing transportation issues prior to a transportation crisis; that the, TMO will be very successful utilizing, a balanced approach to reducing traffic congestion while increasing mobility in the Cityi that the Downtown Association has been a leader in developing the TMO; that the new position is appreciated. Commissioner Palmer asked Mr. Forster's background? Mr. Forster stated that his previous residence was in Cheyenne, Wyoming; that prior to Cheyenne, Wyoming, residence was on the wést coast of Florida; that previous experience is with local and state governmental agencies as well as in marketing. Vice Mayor Quillin stated that Mr. Forster's background is impressive; however, the TMO is currently in a crisis situation; that immediate action is necessaryi and asked if the report concerning Park-'N-Ride facilities prepared by the Sarasota/Manatee Metropolitan Planning Organization (MPO) has been provided to Mr. Forster for review? Ms. Truitt stated no. Vice Mayor Quillin stated that the report concerning Park-'N-Ride facilities is very important; that the MPO is developing projects and strategies for long-term planning; that Mr. Forster should meet with the MPO. Mr. Forster stated that the current enthusiasm for the new position should not belie the seriousness with which the job will be taken; that the intent is only to express appreciation to the Commission for the encouragement provided the TMO thus far. Vice Mayor Quillin stated that Mr. Forster should be provided to the TMO; that connections should be every report applicable made with the MPO. BOOK 50 Page 22006 10/15/01 6:00 P.M. BOOK 50 Page 22007 10/15/01 6:00 P.M. Ms. Truitt stated that meetings of the MPO will be attended to become familiar with the City's organizations relating to the TMO. Vice Mayor Quillin stated that the MPO has a website which Mr. Forster should review. Commissioner Palmer stated that the Florida Department of Transportation (FDOT) Sarasota Downtown Mobility Study (Downtown Mobility Study), previously named the Sarasota Downtown Transportation Study,. was approved under Çonsent Agenda No. 2, Item No. III-B-2; that the TMO should be involved with the Downtown Mobility Study; that the Commission is pleased with hiring the new Executive Director for the TMO; that excellent work from the new Executive Director is anticipated. Commissioner Martin stated that a quarterly report from the TMO will be provided to the Commission in January 2002; and asked the anticipated contents of the quarterly report? Ms. Truitt stated that the next two weeks will be spent reviewing material and becoming familiar. with the. scope of work for the TMO; that a plan of action will be developed; that the quarterly report in January 2002 will include the goals for the TMO. Commissioner Martin stated that a comprehensive goal agenda should be presented in the quarterly report in January 2002. Ms. Truitt agreed. i Mayor Mason welcomed Mr. Forster to the City. Mr. Forster stated that the welcome is appreciated. Vice Mayor Quillin stated that meetings with stakeholders must be scheduled; that the TMO is not new but was previously attempted in the City and failed; that the City is determined the TMO will beçome a viable organization; and welcomed Mr. Forster to the City. Mr. Forster stated that the welcome is appreciated. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the report of the Downtown Association of Sarasota, Inc., and direct the Administration to set a date for the next quarterly report for the Transportation Management Organization to the Commission. Motion- carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 15. UNFINISHED BUSINESS APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AGREEMENTS FOR NEIGHBORHOOD GRANTS FOR: THE INDIAN. BEACH/SAPPHIRE SHORES - NEIGHBORHOOD - $2,000; THE LAUREL PARK NEIGHBORHOOD $2,249; AND THE RINGLING PARK NEIGHBORHOOD $2,090 AS APPROVED AT THE AUGUST 6, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM VI-3) #2 (1776), through (2092). City Manager Designate McNees stated that approval : of. grant agreements of three of the neighborhood grants approved at: the August 6; 2001, Regular Commission meeting is requested as follows: Néighborhood Grant Funding Indian Beach $2,000 Laurel Park $2,249 Ringling Park $2,090 City Manager Designate McNees continued that funding for Sarasota Court Watch was being passed directly from many neighborhood grants to Sarasota Court Watch; that Sarasota Court Watch is préparing a presentation for the Commission to request direct funding; that neighborhood grants should be more focused on improvements in the receiving neighborhood; that the three neighborhood grant requests presented are the only three to date with verifiable legal entities to ensure grant funds are being utilized for the requested purpose; and asked if the three neighborhood grant requests presented meet the criteria of the grant programs? Kathlyn Viera, Neighborhood Coordinator, Department of Neighborhoods, came before the Commission and stated yes. City Manager Designate McNees stated that the Administration recommends approval of the grant agreements for the three neighborhood grants; that neighborhood grants will be presented continually as the neighborhood associations meet the grant criteria; that the desire is for greater accountability for the neighborhood associations concerning use of the funds. BOOK 50 Page 22008 10/15/01 6:00 P.M. BOOK 50 Page 22009 10/15/01 6:00. P.M. Commissioner Palmer asked if the criteria for the neighborhood grants are being reviewed and changed to assure greatèr accountability and adherence to grant criteria? Ms. Viera stated yes. Commissioner Palmer stated that a definite system of rules is being developed for the future. Ms. Viera stated that is correct. Commissioner Palmer asked the manner in which neighborhood grants previously awarded to Gillespie Park, Park East, Southeast, and Rosemary Neighborhood Associations will be distributed as the neighborhoods have no official entity which can accept and disperse the grant funding? City Manager Designate McNees stated that methods for dispersing the grant funds are being reviewed; that the desire is to move forward with neighborhood grant requests which. meet the new criteria; that requests from other neighborhoods will be presented as. plans for dispersing the grant funds are developed. Commissioner Palmer asked if Staff is moving forward with dispersing neighborhood grants as applicable? City Manager Designate McNees stated yes; that all neighborhood grants will be presented to the Commission as the neighborhood associations fully meet the requirements for receiving the grant funds; that one neighborhood. association indicated the grant awarded was not requested and is not required. On motion of Commissioner Martin and second of Vice Mayor Quillin, it was moved to approve execution of the agreements for neighborhood grants in the amounts approved at the August 6, 2001, Regular meeting. Commissioner Martin stated that the neighborhood grant program should be reviewed and amended; that many ideas have been generated and should be considered; that neighborhood associations require funding to strengthen the neighborhoods; that the desire is to move forward in an expeditious but caring manner. City Manager Designate McNees stated that the grant funding was not being distributed in accordance with the grant request; that the grant dispensing process has been slowed to ensure funds are utilized in the neighborhood for appropriate and legitimate programs; that Sarasota Court Watch will present a funding request to the Commission at. a later date. Vice Mayor Quillin stated that bicycles, cameras, etc., were purchased for neighborhood associations in the past; that a neighborhood association resource center should be, developed in the Department of Neighborhoods; that the president of the Gillespie Park Neighborhood Association (GPNA) indicated other neighborhood associations are welcome to borrow GPNA supplies and equipment; that a record should be kept of the items purchased for each neighborhood association. Ms. Viera stated that ideas and plans for a neighborhood association resource center are being reviewed. Mayor Mason called for a. vote on the motion to approve execution of the agreements for the neighborhood grants awarded at the August 6, 2001, Regular Commission meeting as follows: Neighborhood Grant Amount Indian Beach $2,000 Laurel Park $2,249 Ringling Park $2,090 Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Quillin, yesi Mason, yes. 16. REMARKS OF COMMISSIONERS, - ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DIRECTED THE ADMINISTRATION TO REVIEW DEVELOPING A RESOLUTION SUPPORTING THE USE OF NON-TREATED LUMBER IN THE CONSTRUCTION OF PLAYGROUND EQUIPMENT (AGENDA ITEM X) #2 (2106) through (3126) VICE MAYOR QUILLIN: A. stated that the Charter Review Committee (CRC) recently reviewed the City of Sarasota Charter (1996) (City Charter) ; that a November 5, 2001, Workshop is scheduled to discuss the items suggested by the CRC for City Charter amendments; that items which should be placed on the March 12, 2002, ballot for City Charter amendments other than the form of government should be discussed during the November 5, 2001, Workshop. BOOK 50 Page 22010 10/15/01 6:00 P.M. BOOK 50 Page 22011 10/15/01 6:00 P.M. City Manager Designate McNees stated that the amendments to the City Charter other than the form of government recommended by the CRC will be discussed at the November 5, 2001, Workshop. City Auditor and Clerk Robinson stated that the November 5, 2001, Workshop was requested by the Commission to review and discuss the CRC report. Vice Mayor Quillin asked the presenters for the November 5, 2001, Workshop? City Auditor ànd Clerk Robinson stated that he and the City Attorney will present the CRC report to the Commission. Vice Mayor Quillin stated that several items in the City Charter should be amended; that the proposed amendments should be placed on the March 12, 2002, ballot. Mayor Mason asked if the Commission approved placement of items other than the form of government as approved under Non-Quasi Judicial Public Hearings, Agenda Item No. IV-A-1, on the March 12, 2002, ballot? City Auditor and Clerk Robinson stated no; that the CRC recommended amendments to the City Charter which have not yet been discussed and do not relate to the form of government. Commissioner Palmer stated that adding too many items to one ballot is not desired; that the ballot question concerning the form of government issue is important and should not be confused with other issues on the March 12, 2002, ballot; that the form of government should be the only City item on the March 12, 2002, ballot. Vice Mayor Quillin stated that other possible amendments to the City Charter should be considered for the March 12, 2002, ballot. B. stated that security briefings should be held for employees concerning the September 11, 2001, terrorist attacks and the recent anthrax exposures; that rumors are plentiful; that a security briefing would assist employees in feeling more comfortable about working in a government building; that the opportunity to discuss fears and determine emergency procedures should be provided. Mayor Mason concurred. City Manager Designate McNees stated that a security briefing has been considered; that the preference is not to discuss City Hall: security measures on live television; that providing security information to employees is being considered; that a plan will be developed. Vice Mayor Quillin stated that open communication lessens fear; that employees are not apprised of security information but should be. City Manager Designaté McNees stated that all citizens of. the United States are experiencing fear; that severe security measures should not. be utilizèd; that seçurity should be more subtle to avoid propagating the: idea severe security is necessary. Vice Mayor Quillin stated that Commission security briefings would be appreciated. City Manager, Designate McNees stated that the Commission and City employees will be continually informed. Commissioner Palmer stated that the Directors of Sarasota and Manatee Emergency Management will make a presentation : concerning emergency procedures in Manatee and Sarasota County to the Manasota League of Cities (MLC) in the near future; that hurricane and public safety issues will be discussed; and asked the date of the MLC meeting?. City Auditor and Clerk Robinson stated that the MLC will be meeting at 10 a.m., on November 8, 2001, in the City Commission Chambers. Commissioner Palmer stated that the Commission is invited to attend the November 8, 2001, MLC meeting. Vice Mayor Quillin stated that citizens have expressed concern regarding public safety and emergency procedures. C. stated that portions of District 3 flooded during Tropical Storm Gabrielle; that a meeting was held with representatives of the Bahia Vista Street/Lockwood Ridge Road neighborhood; that many City and County residents BOOK 50 Page 22012 10/15/01 6:00 P.M. BOOK 50 Page 22013 10/15/01 6:00 P.M. attended seéking information; that information is being gathered to provide to the Stormwater Environmental Utility prior to the next neighborhood meeting; that the lack of communication between the City, County, and residents is a concern; that many residents in the Bahia Vista Street/Lockwood Ridge Road neighborhood experienced flooding for the third or fourth time; that flooding is a concern. D. stated that a retreat for the Commission, the City Auditor and Clerk, the City Attorney, and thè City Manager Designate is desired after the newly elected District No. 2 Commissioner is seated; and asked the consensus of the Commission to attend a one-day retreat? Commissioner Martin stated that a City retreat is held annually. Vice Mayor Quillin stated that the 2001 retreat has passed. Mayor Mason stated that the Commission will consider holding a retreat after the newly elected District No. 2 Commissioner is seated. Vice Mayor Quillin stated that a retreat is important to provide the Commission and Charter Officials. the opportunity to discuss issues of importance in the City. COMMISSIONER MARTIN:. A. stated that information regarding pressure-treated lumber has been received recently; that lumber is treated with many toxic chemicals; that the lumber is frequently used to construct playground equipment for children; that a bill has been filed with the State Legislature to ban the toxic chemicals used to treat the lumber as well as an appropriation to àssist the industry with efforts to use. non-treated lumber or other materials for construction; that the City should develop a resolution to support the bill for delivery to the local legislative delegation. Màyor Mason stated that hearing the Commission's consensus, the development of a resolution supporting the use of non-treated lumber in the construction of playground equipment will be referred to the Administration for consideration and review. Vice Mayor Quillin concurred; and stated that information should be obtained from the proponents and detractors of controls on the use of treated lumber; that research indicates the. rate of autism is rising due to exposure to toxic chemicals. Commissioner Martin stated that. significant research has been conducted and substantiated. concerning exposure to toxic chemicals. B. stated that the City Trails Design Charette was attended on October. 13, 2001; that the Gillespie Park, Park East, Southeast, and Laurel Park neighborhoods have identified four public rights-of-way which. have.. significant potential to. become linear parks; that the proposed four linear parks have developed as potential pilot projects in relation to the 20 Year Master Plan: for an Interconnected System of Parks, Open Spaces, and Landscape Elements (Parks Master Plan) ; that the. National Parks Service lead the proposed four linear parks project well: and secured the pro bono involvement" of thè - American Society of Landscape Architects; that Sarasota Memorial Hospital has expressed an interest in being involved in creating a healthy park and : trail system and also sponsored the food provided during the October 13, 2001, City Trails Design Charettei which was. a remarkable experience; that Staff has been able to identify links between the proposed four linear parks and the Parks Master Plan. COMMISSIONER PALMER: A. expressed appreciation to the City Manager Designate for quickly. resolving personal questions concerning certain fiscal analyses. B. stated that Paul Thorpe, Executive Director, Downtown Association of Sarasota, Inc., (Downtown Association) was recently honored in Miami, Florida, for two years of service as President of the Florida Redevelopment Association (FRA); that Mr. Thorpe consistently promotes the City in an honorable way; that SEMCON, the annual seminar/conference sponsored by the Downtown Association will be held at the Hyatt Sarasota; that SEMCON will host speakers regarding the Downtown Master Plan 2020 and the City of Sarasota BOOK 50 Page 22014 10/15/01 6:00 P.M. BOOK 50 Page 22015 10/15/01 6:00 P.M. SmartCode, Draft, January 2001 (SmartCode); that the meeting will be educational. Vice Mayor Quillin stated that informing the Commission liaison of the dates for the SEMCON meeting at the Hyatt would be appreciated. Commissioner Palmer stated that the dates of the SEMÇON meeting at the Hyatt will be provided to the Commission liaison at the time the dates are determined. C. stated that Gary Hoyt, designer of the Multi-Use Recreational Trail, and David : Johnston, Landscape Architect, David W. Johnston Associates, Inc. (DWJA), should be a member of the team reviewing the John Ringling Causeway Bridge replacement lighting design. MAYOR MASON: A. stated that the State Historic Preservation Advisory Council meeting in Tallahassee, Florida, was recently attended; that the Historic Preservation Advisory Council granted $350,000 for the City's renovation of the Federal Building; that the Sarasota Arts Council and the Marie Selby Botanical Gardens also received grants; that the City and County are well respected in Tallahassee for many reasons, including the efforts directed towards historic preservation; that copies of upcoming grant information will be. provided to the Commission as soon as possible; that the Leonard Reid House and the Overtown District were recommended for designation in : the National Historic Preservation Register. 17. ADJOURN (AGENDA ITEM XII) #2- (3127) There.. being no further business, Mayor Mason adjourned the Regular meetingof October 15, 2001, at 8:50 p.m. / - 1/ at - lassn ATTEST: T CAROLYN 0J. MASON, MAYOR . - L - L G BILLYEPOBINSON, CITY AUDITOR AND CLERK