BOOK 55 Page 26747 01/20/04 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 20, 2004, AT 2:30 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, Deputy City Auditor and Clerk Karen D. McGowan, and City Attorney Richard J. Taylor ABSENT: Billy E. Robinson, City Auditor and Clerk PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:31 There was no one signed up to speak. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 2:31 through 2:32 Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add under Consent Agenda I, Item No. IV-A-5, concerning the transfer of budgeted funds in the Stadium Surcharge Fund from the Stadium/Complex Painting Program, per the request of Sports Facilities Manager Calhoon. B. Add under Unfinished Business, Item No. VI-2, concerning the deletion of Item No. 13, Amendment to Section VI- 701, Waterfront Resort Zone District, Intent and Purpose, from City initiated Zoning Code Amendment No. 04-ZTA-01 and direct no amendment to the code section be made until after adoption of Evaluation and Appraisal Report on the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), per the request of Mayor Palmer. C. Add under Scheduled Presentations, Item No. X-I concerning an update report from the Sarasota Season of Sculpture. Mayor Palmer asked if the Commission has any objections to the Changes to the Orders of the Day. Mayor Palmer stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Mayor Palmer asked if any Commissioner wished to remove an item from Consent Agenda No. 1 or 2; and hearing none, stated that Consent Agenda Nos. 1 and 2 will be heard as presented. 3. APPROVAL RE: : MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF DECEMBER 17, 2003 - APPROVED ; AND REGULAR COMMISSION MEETING OF JANUARY 5, 2004 = APPROVED AS REVISED (AGENDA ITEM II) , CD 2:32 through 2:33 Mayor Palmer asked if the Commission had any changes to the minutes? Commissioner Servian stated that the minutes of the January 5, 2004, Regular Commission meeting, Agenda Item X, Remarks of Commissioners, Announcements and Items for Next Agenda, indicate Ken Shelin as President of the St. Armands Residents Association; that Mr. Shelin is the President of the Bayfront Condominium Association. Mayor Palmer stated that hearing no other revisions, the minutes of the December 17, 2003, Special Commission meeting and the minutes of the January 5, 2004, Regular Commission meeting as revised are approved by unanimous consent. 4. BOARD ACTIONS RE : REDADM RE: PUBLIC ART COMMITTEE I S REGULAR MEETING OF DECEMBER 10, 2003 = RECEIVED REPORT i ACCEPTED THE POTENTIAL DONATION OF THE BRONZE SCULPTURE ") PERSONAJE I" BY ARTIST IVAN ROJAS AND RAMSES SERRANO, OWNER OF SONNET GALLERY, FOR INSTALLATION IN THE MAIN STREET RIGHT-OF-WAY BY JULY 2004 (AGENDA ITEM III-1) CD 2:33 through 2:40 George Haborak, Chair, Public Art Committee, William Hallisey, Director of Public Works, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. BOOK 55 Page 26748 01/20/04 2:30 P.M. BOOK 55 Page 26749 01/20/04 2:30 P.M. Mr. Haborak presented the following item from the December, 10, 2003, Regular meeting of the Public Art Committee: A. Sculpture entitled "Personaje I" Mr. Haborak stated that at its December 10, 2003, meeting the Public Art Committee voted 5 to 1 to accept the potential donation of the bronze sculpture "Personaje I" by artist Ivan Rojas and Ramses Serrano, owner of Sonnet Gallery; that the value of "Personaje I" will be $20,000 to $30,000 upon completion; that the recommendation is to install the sculpture in the Main Street right-of-way. Mayor Palmer asked if Public Works has been consulted regarding moving the bench and trash receptacle in the area the sculpture will be placed? Mr. Haborak stated that the Public Art Committee agreed to consult with Public Works subsequent to approval of accepting the potential donation of "Personaje I." Mr. Burg stated that the bench and trash receptacle can be moved or removed from the site; that relocating near the present site is possible. Mr. Hallisey agreed; and stated that seating in the area will not be lost. Commissioner Servian stated that losing the bench is a concern as the location is near Lemon Avenue where significant activity occurs. On motion of Commissioner Servian and second of Vice Mayor Martin it was moved to accept the potential donation of the bronze sculpture "Personaje I" by artist Ivan Rojas and Ramses Serrano, owner of Sonnet Gallery. Motion carried unanimously (5 to 0) : Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yesi Palmer, yes. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to receive the report of the December 10, 2003, Regular meeting of the Public Art Committee. Commissioner Atkins stated that the Public Art Committee is reminded the Fredd Atkins Park will be enhanced and enlarged in the near future; that an appropriate piece of artwork should be considered for the park. Mr. Haborak stated that the hope is artwork will be identified for placement in Fredd Atkins Park. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 5. BOARD ACTIONS RE: REPORT RE: CITIZEN TAX OVERSIGHT COMMITTEE - ACCEPTED REPORT; DIRECTED THE PREPARATION OF AN ORDINANCE TO CHANGE THE TERMS OF OFFICE FOR THE MEMBERS OF THE CITIZEN TAX OVERSIGHT COMMITTEE FROM SEPTEMBER 1 TO DECEMBER 31 AND TO APPOINT NEW MEMBERS IN SEPTEMBER ANNUALLY, WITH THE NEW MEMBERS TO TAKE OFFICE AS OF JANUARY 1 - RECEIVED REPORT (AGENDA ITEM III-2) CD 2:40 through 2:45 Gibson Mitchell, Director of Finance, and Marcia Wood, Chair, Citizen Tax Oversight Committee, came before the Commission. Ms. Wood presented the following item from the December 4, 2003, annual meeting of the Citizen Tax Oversight Committee (Committee): Terms of Office Ms. Wood stated that the Committee found, as indicated in Mr. Mitchell's report, the changes made in expenditures were inc compliance with the ordinances governing expenditures; that the Committee found the Commission good stewards of the funds from the Local Options Sales Tax (L.0.S.T.) extension, also called the penny sales tax; that the Committee recommends the September 1 expiration date of members' terms be extended to December 31 to more closely coincide with calendar year end reporting requirements of the Committee; that new members of the Committee should be appointed by September 1 to attend the annual meeting; however, the members would not vote on the annual report as the terms will not begin until January 1. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to accept the Annual Report of the Citizen Tax Oversight Committee for 2003 and direct the preparation of an ordinance to change the terms of office for the members of the Citizen Tax Oversight Committee from September 1 to December 31 BOOK 55 Page 26750 01/20/04 2:30 P.M. BOOK 55 Page 26751 01/20/04 2:30 P.M. and to appoint new members in September annually, with the new members to take office as of January 1. Mayor Palmer stated that the hard work of the Committee is appreciated. Ms. Wood stated that Mr. Mitchell also worked very hard. Mayor Palmer stated that the Commission is pleased with the Annual Report. Mayor Palmer called for a vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yesi Servian, yesi Palmer, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, and 5 APPROVED (AGENDA ITEM IV-A) CD 2:45 through 2:46 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Lease Agreement between the City of Sarasota and The Historical Society of Sarasota County, Inc. for one year to permit the placement of historical exhibits within the Orange Avenue lobby of the Federal Building. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to Lease between the City of Sarasota and Sarasota Convention and Visitors Bureau, Inc. for four years ending February 29, 2008. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Termination of Utility Easement and Quitclaim Deed concerning the Links Plaza project. 4. Approval Re: Rescind the approval of the Lease Agreement between the City of Sarasota and AT&T Wireless Services of Florida, Inc. that was approved by the City Commission on April 7, 2003. 5. Approval Re: Transfer of budgeted funds in the Stadium Surcharge Fund from the Stadium/complex Painting Program to new required projects. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 5, inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1697) ADOPTED; ; ITEM 2 (RESOLUTION NO. 04R-1698) = ADOPTED ; ITEM 3 (RESOLUTION NO. 04R-1700) - ADOPTED; ITEM 4 (RESOLUTION NO. 04-1702) - ADOPTED, ; AND ITEM 5 (ORDINANCE NO. 04-4523) ADOPTED (AGENDA ITEM IV-B) CD 2:46 through 2:49 1. Adoption Re: Proposed Resolution No. 04R-1697, appropriating $3,936.21 from the unappropriated fund balance of the Children's Fountain/ Playground Fund (168) to fund the purchase of legacy benches and plaques to be installed at Bayfront Park; etc. 2. Adoption Re: Proposed Resolution No. 04R-1698, appropriating $7,466.58 from the Unrecognized Revenue of the 2001 FFGFC Construction Fund (306) to fund the construction of newspaper rack footers on Main Street that has been reimbursed by the Sarasota Herald Tribune; etc. 3. Adoption Re: Proposed Resolution No. 04R-1700, appropriating $32,622.55 from the unappropriated fund balance of the General Fund to fund the final costs of the Ricardo Rivera appeal hearing; etc. 4. Adoption Re: Proposed Resolution No. 04R-1702, appropriating $10,548.00 from the unappropriated fund balance of the Juvenile Justice Fund (191) to fund the work performed by the Mayor's Drug Free Communities during the last six months, in association with the Neighborhood Accountability Board Implementation Grant (Grant NAB - 105); etc. 5. Adoption Re: Second reading of proposed Ordinance No. 04-4523, providing for the designation of the site located at Lots 12, 13 and 14, Block "A", David Newton's Subdivision, historically known as the Whitaker Cemetery, as a site of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 03-HD-05, Applicant Phebe Morgan, as agent representing Sara de Soto BOOK 55 Page 26752 01/20/04 2:30 P.M. BOOK 55 Page 26753 01/20/04 2:30 P.M. Chapter, National Society Daughters of the American Revolution of the State of Florida, as owner) Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 04R-1697, 04R-1698, 04R-1700, and 04R-1702 in their entirety and proposed Ordinance No. 04-4523 by title only. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. Mayor Palmer stated that Agenda Item VI-6-2 concerns the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and involves Staff from the City Attorney's Office; that the presentation will likely be short; that Agenda Item VI-6-1 concerns the Skate Park and will likely take more time; that hearing no objections, the order of the Agenda will be changed to hear Agenda Item VI-6-2, followed by Agenda Item VI-6-1. 8. UNFINISHED BUSINESS: APPROVAL RE: : DELETION OF ITEM NO. 13, AMENDMENT TO SECTION VI-701 (C) (1), WATERFRONT RESORT ZONE DISTRICT, INTENT AND PURPOSE, FROM CITY INITIATED ZONING CODE AMENDMENT APPLICATION NO. 04-ZTA-01 AND TO DIRECT NO AMENDMENT TO THE CODE SECTION BE MADE UNTIL AFTER ADOPTION OF EVALUATION AND APPRAISAL REPORT ON THE CITY'S COMPREHENSIVE PLAN, ALSO CALLED THE SARASOTA CITY PLAN, 1998 EDITION = APPROVED (AGENDA ITEM V-II) CD 2:49 through 2:53 Mayor Palmer stated that the request is to delete the proposed revision to, Section VI-701 L(C) (1), Waterfront Resort Zone District, Zoning Code (2002 Ed.), from amendments being considered in the first cycle of the 2004 Zoning Code (2002 Ed.) amendments. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that at the December 15, 2003, Regular Commission meeting, the Commission authorized Staff to commence preparation of City initiated Application No. 04-ZTA-01 amending numerous provisions of the Zoning Code (2002 Ed.) for the first amendment cycle of 2004; that recently, several Lido Key residents raised a concern regarding the proposed moratorium on the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), Amendments due to proposed revisions to Section VI-701 (C) (1) of the Zoning Code (2002 Ed.) regarding the intent and purpose of the WFR Zone District; that a lawsuit has been filed against the City and others by the Lido Key Residents Association, Inc.; Attorney Fournier continued that the plaintiffs in the lawsuit may request an amendment to the City Comprehensive Plan if Section VI-701(C) (1) of the Zoning Code (2002 Ed.) is revised and depending on the outcome of the lawsuit; however, deleting the revision to Section VI-701(C) (1) from the list of amendments will eliminate the concern; therefore, opposition to the moratorium will cease to exist; that Staff supports deleting the revision to Section VI-701(C))(1) of the Zoning Code (2002 Ed.) temporarily, which is recommended as an ongoing debate exists as to the consistency of Section VI-701(C) (1) of the Zoning Code (2002 Ed.) with the text of the Resort Residential Future Land Use Classification; that the logical starting point to resolve the inconsistency is to review the City's Comprehensive Plan which establishes the policy to determine the necessity to amend the Zoning Code (2002 Ed.). Mayor Palmer asked if Staff agrees with the recommendation to delete the proposed amendment to Section VI-7-1 of the Zoning Code (2002 Ed.)? Jane Robinson, Director of Planning and Redevelopment, and Michael Taylor, Deputy Director of Planning and Redevelopment, present in the Chambers audience stated yes. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to delete Item No. 13, Amendment to Section VI-701(C) (1), Waterfront Resort (WFR) Zone District, Intent and Purpose, from City initiated Zoning Code Amendment Application No. 04-ZTA-01 and to direct no amendment to Section VI-701 (C) (1) of the Zoning Code (2002 Ed.) be made until after adoption of the Evaluation and Appraisal Report on the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan). Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 9. UNFINISHED BUSINESS: REPORT RE : OVERVIEW OF THE SKATE PARK START-UP AND OPERATIONS = RECEIVED REPORT ; STAFF TO BOOK 55 Page 26754 01/20/04 2:30 P.M. BOOK 55 Page 26755 01/20/04 2:30 P.M. CONDUCT A CHARRETTE AND REPORT BACK TO THE COMMISSION (AGENDA ITEM VI-1) CD 2:53 through 3:45 William Hallisey, Director of Public Works, and Duane Mountain, Supervisor of Maintenance and Service, Public Works Department, came before the Commission. Mr. Hallisey stated that the Skate Park opened October 31, 2003; that the Skate Park is an overwhelming successi that the Commission's continued support is appreciated; that the following Staff members worked hard on the opening of the Skate Park, and are especially appreciated: Duane Mountain; Richard Meier, Manager of Public Services; Janice Cox, Administrative Supervisor; Keith Clement, Lanascape Maintenance Technician I; Jean Dowden, Landscape Maintenance Technician I; Robert Thomas, Landscape Maintenance Technician I; Thomas Strong, Landscape Maintenance Technician I; and Sherman Wiggs, Landscape Maintenance Technician I. Mr. Hallisey displayed a plaque and a poster signed in appreciation by users of the Skate Park which send a message of public gratitude for the Skate Park. Mr. Mountain stated that a skate park has been considered for 13 to 14 years; that the Parks, Recreation and Environmental Protection Board took the lead and conducted two large community meetings with the public and skaters to receive input concerning the desires of the skaters and the community; that subsequently, a small committee of parents, skaters, and former skaters, was created to assist with the decision making. Mr. Mountain referred to slides of a presentation entitled the Skate Park Startup and Operations Report displayed on the Chamber monitors; and stated that the goals established by the Parks, Recreation and Environmental Protection Board goals for the Skate Park were: Admission to the Skate Park should be free. The Skate Park should be supervised at all times. - The Park should be a skate only park. Lights should be installed to allow skating at night. Drinking fountains, restrooms, pay telephone, shaded seating and picnic areas should be included. Mr. Mountain continued that the desire is to provide quality services; that the initial registration prior to opening the Skate Park was over 300 individuals; that two notaries worked the entire day to certify required waivers; that at times two to four notaries work an entire day; that over 3,000 waivers have been notarized to date; that the Skate Park is the largest municipal skate park in the State; that the Skate Park has multiple skill levels; that parents have requested an area be created for skaters as young as two years old; that the number of required full time attendants varies; that the original budget provided for one or two attendants to supervise the Skate Park; that the anticipated number of attendants required was based on information from skate parks in Lakeland and North Port, Florida; that an average attendance of 189 skaters daily was not anticipated; that 3,100 waivers have been signed since the October 31, 2003, opening. Mr. Mountain further stated that the statistics of the Skate Park are: Overnight success - Average of 189 skaters per day Over 11,500 in attendance since opening Youngest = 3 Oldest = 53 No neighborhood complaints Mr. Mountain stated further that in comparison, the Little League has 1,400 signed waivers per year; that receiving no neighborhood complaints is a tribute to the skaters, the operation, and the Commission for planning and forethought. Mayor Palmer stated that receiving no complaints is also a tribute to the neighbors. Mr. Mountain stated that 76 percent of skaters under the age of 18 are from Sarasota County, which includes the City, County, North Port, Venice, and Nokomis; that 15 percent of the skaters are from Manatee County; that 6 percent are from various cities in Florida; that 2 percent are from. out of state; that 1 percent is from out of the country. BOOK 55 Page 26756 01/20/04 2:30 P.M. BOOK 55 Page 26757 01/20/04 2:30 P.M. Mr. Mountain stated that 70 percent of skaters over 18 are from Sarasota County; that 13 percent are from Manatee County; that 14 percent are from other cities in Florida; that 2 percent are from out of state; that 1 percent is from other countries. Mr. Hallisey stated that the original budget was approximately $50,000 based on anticipating staffing the Skate Park with one or two people; however, unanticipated startup costs such as rental of a mobile office trailer were required to accommodate the significant initial registration; that a small concession stand was installed at the Skate Park; that a security camera was installed at the suggestion of the Sarasota Police Department; that the unanticipated startup costs were approximately $45,000; that the most significant concern is staffing the Skate Park in the future; that recurring costs were anticipated; that some costs can be mitigated by utilizing volunteer or part-time workers; that volunteer workers should be age 18 or over; that the average cost for Staff to work at the Skate Park is $14.55 an hour; that Sarasota County pays- part-time employees approximately $9.00 an hour for recreational activities. Mr. Hallisey continued that potential revenue sources are: fees; concession sales; park rental; naming/advertising opportunities; and a pro shop. Mr. Hallisey further stated that the immediate needs are to open a concession stand, and a pro shop and to construct permanent restrooms; that a concession such as a café appropriate for users of the Skate Park could also serve other business users in the area; that the design and use of the Skate Park must be consistent with the Payne Park Master Plan; that Staff suggests conducting a charrette with area residents and business owners facilitated by the design consultant, Bellomo Herbert; that a café overlooking a park is appropriate and would be welcome by employees of nearby businesses; that Staff requests authorization to conduct a charrette; that funds remain from the initial allocation for the Payne Park Master Plan for charrettes; that Staff can move forward with a Request for Proposals for naming the park and advertising; that Staff will recommend appropriate fees for use of the Skate Park; that Staff will report back to the Commission regarding costs and revenues. Mr. Hallisey stated that Staff will request a special appropriation in the amount of $88,000 at the February 2, 2004, Regular Commission meeting; that $54,000 of the appropriation will staff the Skate Park with additional personnel; however, a significant number of volunteer workers will reduce the funds required. Mayor Palmer asked if the request is for the remainder of fiscal year 2003/2004? Mr. Hallisey stated yes; that the additional startup funds expended were from the general budget of the Parks and Landscape Maintenance Department; that employees hired in October 2003 for positions at projects which are not yet complete have been working at the Skate Park; however, the employees will be reassigned resulting in the necessity to employ additional Staff. Commissioner Atkins stated that the planning and completion of the Skate Park is pleasing; that the skaters are pleased the Skate Park is finally a reality; that the success of the Skate Park is a good experience; that managing and budgeting for the Skate Park must be defined; that Staff is commended for making the Skate Park a wonderful experience not only for the young people but also for the community and the world; that receiving a report regarding the future plans for the Skate Park is pleasantly anticipated. Vice Mayor Martin stated that gaining insight regarding stailing criteria is desired. Mr. Hallisey stated that the majority of the responsibility is supervision; that the daily number of skaters is between 189 and 300; that one individual registers the skaters, one individual attends the front gate, and two individuals supervise the Skate Park. Vice Mayor Martin asked if the notaries are Staff members? Mr. Hallisey stated that three or four Staff members are notaries. Vice Mayor Martin stated that parents of the skaters are pleased the Skate Park is supervised; that a continuing debate is if the Skate Park hours of operation should be extended. Mr. Mountain stated that the majority of skaters are school age children; that the weekday hours are specifically set to allow the skaters to arrive at 3:00 p.m. and skate until 7:00 p.m.i that many parents are appreciative of the hours of operation; that on Friday nights the Skate Park remains open until 9:00 p.m., on Saturday the Skate Park is open from 12:00 noon until 9:00 p.m., and Sunday night from 12:00 noon to 7:00 p.m.i that summer hours BOOK 55 Page 26758 01/20/04 2:30 P.M. BOOK 55 Page 26759 01/20/04 2:30 P.M. may be extended to 12:00 noon to 9:00 p.m. daily; that establishing hours to accommodate all skaters is a difficulty. Vice Mayor Martin asked the number of skaters over the age of 18? Mr. Mountain stated that 70 percent of the skaters are under the age of 18. Vice Mayor Martin asked if an existing concession exists at the Skate Park? Mr. Hallisey stated that vending machines are installed at the Skate Park. Vice Mayor Martin stated that considering a pro shop and food service at the Skate Park is important; that any fee for use of the Skate Park should be minimal; that making the Skate Park exclusive is not desired; that the Skate Park is a City taxpayer funded facility which is used regionally, and thus is a burden to City taxpayers; that City residents should not be charged a fee; and asked if a charrette is necessary? Mr. Hallisey stated that Staff believes a charrette is appropriate; that business people in the community can contribute expertise which Staff does not possess. Vice Mayor Martin stated that the assumption is the Skate Park will not be rented during regular operating hours. Mr. Hallisey stated that is correct. Commissioner Servian stated that Staff has done an excellent job; that positive telephone calls and mail have been received from children in the community; that Staff is commended for the success; that conducting a charrette is supported; that the opinions and suggestions of users of the Skate Park, residents, and the business community are important; that user fees should be designed in a manner which will not exclude City skaters; that users visiting from outside the City should pay a higher fee to ensure City residents have use of the Skate Park; that the charrette and Request for Proposal processes will assist in attracting businesses to Payne Park; that renting the Skate Park is an excellent source of revenue; and asked if parents are required to remain with children of a certain age? Mr. Mountain stated that parents are required to remain with children under ten years old. Commissioner Servian stated that volunteers from the community to staff the Skate Park is an excellent idea; that Sarasota Police Department (SPD) Police Citizen Volunteers can assist in staffing the Skate Park; that advertising at the Skate Park should begin immediately to generate income. Commissioner Bilyeu quoted correspondence dated January 17, 2004, from Scott McIntosh of Holmes Beach, Florida, as follows: Another significant attribute of the Sarasota Skate Park that Clearly contributes to its fine reputation is sound, competent management. The friendly guidance and vigilance offered by those who supervise the site provides physical and emotional satety for children and enhances the overall park experiences for everyone. Commissioner Bilyeu stated that addressing the issue of a user fee is important; that conducting a charrette is supported; that issuing a Request for Proposals for concessions is supported; that renting the Skate Park is supported; that extended hours for older skaters is suggested; that the Skate Park may require expansion. Mayor Palmer agreed with the Commissioners' comments; and stated that skaters, parents, and neighbors were requested to participate in making decisions concerning the Skate Park, which is the reason for the success of the Skate Park; that a charrette is important and supported; that participants of a charrette will have an interest to assure the staffing level is appropriate to ensure safety of the skaters; that adding a section to the Skate Park for children under three years old is supported; that City taxpayers should not bear the entire burden of the financial responsibility: that the Skate Park will be an expensive operation; however, the Skate Park is a significant success; that Staff has performed a superb job. Vice Mayor Martin stated that the Skate Park is not appropriate for bicycle riding; that Sarasota County representatives indicated a park may be built which may allow bicycle riding; and asked if further information has been received? Mr. Hallisey stated no; however, the City and County should cooperate to define the balance of recreational requirements and costs. BOOK 55 Page 26760 01/20/04 2:30 P.M. BOOK 55 Page 26761 01/20/04 2:30 P.M. Vice Mayor Martin stated that the County has indicated openness in cooperating with recreational developments; and asked if accidents at the Skate Park are a concern? Mr. Mountain stated that a significant number of accidents occurred during the first few weeks subsequent to the opening of the Skate Park; however, the number of accidents has diminished significantly as the skaters have become familiar with the Skate Park and have learned skate park etiquette; that accidents are documented; however, Staff is not informed of the treatment or diagnosis of a skater due to new privacy laws; that the parent or emergency 911 is called for accidents; that parents react in a positive manner concerning Staff's reaction to accidents and often thank Staff members for the manner in which accidents are treated; that injury levels continue to diminish; that Staff is commended for quickly and appropriately responding to accidents. Vice Mayor Martin asked if lack of etiquette is the reason for the level of supervision? Mr. Hallisey stated that the number of skaters dictates the required level of supervision. Commissioner Atkins stated that State, regional, or national events can be hosted at the Skate Park; that renting the Skate Park for private parties prior to opening hours is supported. Commissioner Servian stated that a skater asked if a light can be retrofitted in the skate area called the pool as a blind spot exists. Mr. Hallisey stated that an additional light will be installed. Mayor Palmer stated that existing pro shops may desire to locate a pro shop at the Skate Park; that advertising in the Skate Park should have standards to ensure consistency with the aesthetic desires of the appearance of Payne Park. Mayor Palmer stated that the Commission's consensus is for Staff to conduct a charrette and report back to the Commission. The Commission recessed at 3:45 p.m. and reconvened at 6:00 p.m. 10. COMMISSION PRESENTATION RE: MAYOR' S CITATION TO THE SARASOTA POLICE DEPARTMENT CITIZEN VOLUNTEERS (AGENDA ITEM IX-1) CD 6:00 through 6:10 Mayor Palmer requested that Peter Abbott, Police Chief, and Cherie McKeon, Police Officer 1st Class and Coordinator for the Police Citizen Volunteer Program, Sarasota Police Department (SPD), join her and the Commission at the Commission table; and stated that the SPD Police Citizen Volunteers are an impressive group of people and help the City in many ways; that the Police Citizen Volunteer Program began in the City in 2000 after a group of Commissioners and Staff saw the Police Citizen Volunteer Program in Delray Beach, Florida, in operation; that the City has improved and expanded the participation since the inception of the Police Citizen Volunteer Program; that the Police Citizen Volunteers assist with many tasks and in many areas of the City, including patrolling for code violations in residential neighborhoods, staffing the front desk at the SPD, reporting people requiring medical assistance to Emergency Medical Services, etc. Chief Abbott stated that the City has an excellent group of Police Officers on the payroll and an excellent group of Police Citizen Volunteers who are not on the payroll; that the Police Citizen Volunteers bring a great deal of heart to the work performed; that the Police Citizen Volunteers were recognized by the President of the United States and received the President's Volunteer Service Award; that a class of 11 Police Citizen Volunteers was recently graduated; that a class of Police Citizen Volunteers is scheduled in the near future; that 8 people are enrolled; that additional volunteers are solicited; that interested individuals are requested to submit an application for the Police Citizen Volunteer Program. Officer McKeon stated that working with the Police Citizen Volunteers is very productive and a source of pride; that working with the Police Citizen Volunteers in the future is favorably anticipated. Mayor Palmer stated that the recognition of Police Citizen Volunteers by the President of the United States is extremely important; that the efforts of the Police Citizen Volunteers are appreciated. Mayor Palmer stated that Commissioner Servian is on a leave of absence from the Police Citizen Volunteer Program; requested that BOOK 55 Page 26762 01/20/04 2:30 P.M. BOOK 55 Page 26763 01/20/04 2:30 P.M. Commissioner Servian join her for the presentation; and read in its entirety the Mayor's Citation honoring the individuals from the Sarasota Police Department Citizen Volunteer Program as follows: Jacqueline Bohannon, Robert Brachle, Clarence Brien, Alberta Brown, Dorothy Clark, Maria Cohen, Mickey Emberton, Carolyn Fishel, Lawrence Galer, Kathy Gibson, Sidney Gilbert, Cruz Hernandez, Linda Holland, Jessie James, Dorothy Jones, Jaquelynn Kaminskl, Robert LeMestre, Paula LeVance, Carolyn Mason, Barb Maynor, Anna McManaman, Michele Mician, Ed Noa, Eunice Okun, Angel Pounds, Mary Quillin, Tina Riggle, Derrick Robbins, Julie Rossnagle, Richard Rozanc, Phillis Saso, Robert Servian, Doris Shilling, Art Schmidt, Christine Sharrio, Donald Swirsky, Nick Vuolo, David Wagner, Nate Williams, and George Woodward posthumously). Commissioner Servian stated that having been in the first class of the Police Citizen Volunteer Program and having served as the first Civilian Commander of the Police Citizen Volunteer Program, the activities of the Police Citizen Volunteers is a source of pride; and presented the Mayor's Citation to each Police Citizen Volunteer present in the Chambers. Mayor Palmer stated that the Mayor's Citation will be presented to the Police Citizen Volunteers who are not present at an appropriate time in the future. 11. COMMISSION PRESENTATION RE: MAYOR' S CITATION TO THE BOOKER HIGH SCHOOL VARSITY FOOTBALL TEAM AND COACHES FOR THEIR EXCEPTIONAL 2003 SEASON (AGENDA ITEM IX-2) CD 6:10 through 6:17 Mayor Palmer requested that Head Coach Fred Gilmore of the Booker High School Tornadoes Football Team join her and the Commission at the Commission table and that Commissioner Atkins join her for the presentation. Mayor Palmer stated that thanks are expressed to Head Coach Fred Gilmore for involvement in the athletic programs at one of the City's excellent schools; read in its entirety the Mayor's Citation recognizing Head Coach Fred Gilmore being named the Class 3A Coach of the Year for 2003 by the Florida Dairy Farmers and High School Football Coach of the Week by the Tampa Bay Buccaneers in December 2003, for taking his team to set school and City records for wins; and presented the Mayor's Citation to Head Coach Fred Gilmore. Coach Gilmore stated that the Mayor's Citation is accepted on behalf of the Administration, Faculty, Coaches, and Football Team of Booker Higher School; that the Team Members and Assistant Coaches are most important. Mayor Palmer requested that the Team Assistant Coaches of the Booker High School Tornadoes Football Team join her and the Commission at the Commission table; read in its entirety the Mayor's Citation recognizing Brian Ryals, Assistant Head Coach of the Booker High School Football Team, present in the audience; and presented the Mayor's Citation to Brian Ryals. Mayor Palmer stated that the Mayor's Citation will be presented to the following members of the coaching staff not present at an appropriate time in the future: Larry Richardson, Assistant Coach; Glen Gauntt, Assistant Coach; Sherman Rackley, Assistant Coach; Billy Sunday, Assistant Coach; Chuck Weston, Assistant Coach; Lucius Bonner, Assistant Coach; David Grant, Assistant Coach; Wade McVay, Assistant Coach; Mike Urstadt, Assistant Coach; Kevin Fougerousse, Assistant Coach; Kenny Howard, Assistant Coach; Eric Bolden, Assistant Coach; Bruce Conwell, Assistant Coach; Rolando Ramos, Equipment Manager; and Kevin Eichorn, Athletic Trainer. Mayor Palmer requested that the Team Members of the Booker High School Tornadoes Football Team join her and the Commission at the Commission table and stated that the Tornadoes Football Team has brought positive recognition to the City not only due to the athletic prowess demonstrated but also as they are gentlemen and scholars; and read in its entirety the Mayor's Citation recognizing Booker High School Tornadoes Football Team for the outstanding 2003 season and holding a berth in the Final Four for the 2003 Class 3A State Semifinals. BOOK 55 Page 26764 01/20/04 2:30 P.M. BOOK 55 Page 26765 01/20/04 2:30 P.M. Commissioner Atkins presented the Mayor's Citation to each Team Member present in the Chambers as follows: Dumaka Atkins, Detrick Belvin, Warren Ellis, Baby James Harris, Donald Hubbard, Oliver McNeil, Brandon McRae, Lewis Mention, Julio Pelayo, Daniel Phelps, Richard Rojas, Anthony Salgado, Ray Sanders, Dwayne Smith, D'Metrius Walker, Gret Weeks, and Chris Zellner. Mayor Palmer stated that the Mayor's Citation will be presented to the following Team Members not present at an appropriate time in the future. Nelson Acosta; Steve Adkins; James Angell; Richard Applegren; Justin Bradley; Jeremy Everett; Delvis Fernandez; Steve Fougerousse; Wynton Foulks; Aljamar Grant; David Grant; Alfredo Hudson; Darante Hunter; Devon Irwin; Brian Jackson; Johnathon Jeffrey; Jared Jenkins; Courtney Johnson; Terrence Jones; Chris King; Grant Martin; Michael McRae; Desmond Mitchell; Javaris Neal; Richard Neal; Michael Perkins; Darian Platt; Zach Rasmussen; Marquis Robinson; Jason Roby; Tyler Rossnagle; Sam Shields, Jr.; Kenne Stoner; Tommy Watts, Jr.; Darius Wilder; Desmond Wrather; Chris Young; Howard Young. Coach Gilmore stated that the hope is to have an even better season next year and to win the State Championship in the 2004 season. Commissioner Atkins stated that he is an avid football fan; that working with the young men on the Booker High School Football Team is pleasing; that the achievement of the Football Team is a source of pride; that seeing the young students grow up into young men and win at a high level is gratifying; that the members of the Booker High School Football Team are high achievers in the classroom and many are already committed to excellent colleges throughout the Country; that colleges are still recruiting Team Members; that gratitude is expressed for the opportunity provided the young men to win at a high level; that the honor of the recognition by the Commission is appreciated. Mayor Palmer stated that the Booker High School Football Team will be bringing the State Championship to the City in the 2004 season. 12. COMMISSION PRESENTATIONS: ADOPTION RE: : MEMORIAL RESOLUTION NO. 04R-1701, RECOGNIZING THE PASSING OF THOMAS JOHN CARDINAL = ADOPTED (AGENDA ITEM IX-3) CD 6:17 through 6:23 Mayor Palmer stated that Memorial Resolution No. 04R-1701 recognizes the January 4, 2004, passing of Thomas John Cardinal, an active member of the community and participant in the development of the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020), and read Memorial Resolution No. 04R-1701 in its entirety. On motion of Vice Mayor Martin and second of Commissioner Servian, it was moved to adopt Memorial Resolution No. 04R-1701. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Bilyeu, yes; Martin, yes; Palmer, yes Servian, yes; Atkins, yesi. The following family members came forward and were presented with a copy of the Memorial Resolution appropriately framed on a plaque: Jill Cardinal, wife, and daughter Rose and son Tommy Mayor Palmer stated that Mr. Cardinal was a friend and colleague and did much for the community. Ms. Cardinal stated that the community has come to her support; that neither she nor her children will ever forget the Commission's kindness; that the Memorial Resolution will be displayed in a place of honor at her home in his memory. 13. COMMISSION PRESENTATIONS: PRESENTATION RE : UPDATE REPORT FROM SEASON OF SCULPTURE - RECEIVED REPORT (AGENDA ITEM X-1) CD 6:23 through 6:32 Dr. Larry T'hompson, President of Ringling School of Art and Design, Mark Kauffman, and Tim Clark, President, Clark Advertising, members of the Board of Board of Directors of the Sarasota Season of Sculpture, came before the Commission. BOOK 55 Page 26766 01/20/04 2:30 P.M. BOOK 55 Page 26767 01/20/04 2:30 P.M. Dr. Thompson referred to computer generated slides of the Sarasota Season of Sculpture displayed on the Chamber monitors throughout the presentation; and stated that the Executive Director the Sarasota Season of Sculpture is recovering from surgery and therefore could not be in attendance; that the Sarasota Season of Sculpture is an international, invitational exhibition of large scale sculptures along the City's Bayfront, is free for all to enjoy, and is available 24 hours a day, seven days a week, 365 days a yeari that the Sarasota Season of Sculpture is a private, not-for-profit entity; that the show is juried by impartial experts; that the best artwork available is selected; that the exhibition is comprised mostly of abstract, contemporary artwork; that two successful shows have been held, that the first show was held on the Bayfront in 2000 which featured 18 pieces of artwork; that the second show began in 2003 and will extend through 2004; that the show has 22 pieces of artwork; that night lighting is provided, thanks to the generosity of the City; that a docent program was added in 2003; that the docents were students from the Ringling School of Art and Design; that additionally an informational kiosk was recently added sO people could obtain a brochure and learn more about the exhibition; that plans are underway for a third exhibition, opening in November 2004 and closing in May 2005 which will have international as well as domestic artists displaying work; that some artwork by Sarasota artists will be included; that the expectation is to have 22 to 26 pieces of artwork; that the Sarasota Season of Sculpture is the first exhibition of the kind in the United States having an international flavor with artists from around the world being invited to display work; that the Sarasota Season of Sculpture is not part of City government but partners closely with City, County and State government; that the Sarasota Season of Sculpture is neither part of the City's or the County's public art program nor a commercial venture; that the Sarasota Season of Sculpture is on Sarasota's beautiful Bayfront, along the area near the Downtown; that funding comes from private donations, foundations, and grants; that very little public funds are received; that the Tourist Development Fund provided a small grant for the 2003/04 exhibition; that the effort is headed by leaders from all facets of the community who serve on boards and committees; that people from the business, education, arts, and government communities are involved; that the Sarasota Season of Sculpture is headed by a Board of Directors and is managed day to day by a professional Executive Director, Jill Kaplan; that the exhibition is ambitious, is done purely for love of art and to enhance people's appreciation and understanding of sculpture, and to have a project celebrating the spirit of Sarasota; that the exhibition enhances the reputation of Sarasota as an arts center, generates support for the visual artists who create and sell artwork, and stimulates tourism and economic development in the community; that some have asked the reason for the exhibition; that many major cities around the world have become symbolized by abstract public sculptures. Dr. Thompson displayed photographs of public, abstract art which have become symbols for cities worldwide including the Eiffel Tower, in Paris, France, the famous archway in St. Louis, Missouri, the Picasso sculpture in Chicago, Illinois, the statute of Jesus in Rio de Janeiro, Brazil, etc.; that Sarasota may also become renown for its sculpture; that the hope is the next exhibition will have an international flavor; that invitations have been sent to artists in all the countries in Europe, Latin America, the Middle East, Africa, and the Far East as well as throughout the United States through the auspices of the Governor's Office; that commitments have already been received from artists in Germany, Canada, Norway, China, Scotland, and Zimbabwe; that an international symposium is planned for February 2004 to discuss the state of sculpture around the world; that the Sarasota Season of Sculpture has a significant educational component; that students can meet with the artist during school class tours which result in class projects; that the artists own the artwork, which is for sale; that a number of pieces of artwork have been sold; that some artwork will stay in the community as Sarasotans purchase the work; that the help of the members of the community is desired; that financial assistance is welcome; that the exhibition is a learning experience and should be visited, preferably with a friend; that the website is www.seasonofsculpture.com; that of utmost importance is everyone will enjoy the exhibition; that the Commission's support is appreciated. Mayor Palmer stated that the exhibition is extraordinary; that the hope is Jill Kaplan, Executive Director, will recover quickly. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: BOOK 55 Page 26768 01/20/04 2:30 P.M. BOOK 55 Page 26769 01/20/04 2:30 P.M. We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. Deputy City Auditor and Clerk McGowan stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; that the time limits for the quasi-judicial public hearings will be established by the City Attorney at the appropriate time. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4505, AMENDING THE ZONING CODE TO CREATE A NEW OVERLAY DISTRICT TO BE KNOWN AS THE "DOWNTOWN RESIDENTIAL OVERLAY DISTRICT" WHICH WILL ALLOW POTENTIAL DWELLING UNIT DENSITY INCREASES OF UP TO 200 UNITS PER ACRE FOR RESIDENTIAL MULTI-FAMILY DEVELOPMENTS WITHIN THE OVERLAY DISTRICT WHILE RETAINING A MAXIMUM DWELLING UNIT DENSITY OF 50 UNITS PER ACRE FOR THE ENTIRE OVERLAY DISTRICT; TO PROVIDE THAT A SITE PLAN MUST BE APPROVED BY THE CITY COMMISSION AND REVIEWED BY THE PLANNING BOARD PRIOR TO DEVELOPMENT OF A PROJECT WITH INCREASED DENSITY AS ALLOWED WITHIN THE OVERLAY DISTRICT, ; TO PROVIDE STANDARDS FOR REVIEW OF APPLICATIONS FOR INCREASED DENSITY WITHIN THE OVERLAY DISTRICT; AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY TO DEPICT THE BOUNDARIES OF THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT ; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT i PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. (TITLE ONLY) - ADOPTED PROPOSED ORDINANCE NO. 03-4505 WITH A CHANGE IN THE REQUIREMENT FOR THE CONTRIBUTION TO THE AFFORDABLE HOUSING AND TRANSIT DEVELOPMENT TRUST FUNDS TO THE TIME OF ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY; AUTHORIZED THE CITY ATTORNEY TO PREPARE TWO ORDINANCES TO ESTABLISH THE CITY AFFORDABLE HOUSING TRUST FUND FOR USE ANYWHERE IN THE CITY AND THE TRANSIT DEVELOPMENT TRUST FUND FOR USE IN THE COMMUNITY REDEVELOPMENT AREA, THE LATTER OF WHICH WILL BE UTILIZED FOR CAPITAL IMPROVEMENT EXPENDITURES ONLY (AGENDA ITEM XI- A-1) CD 6:34 through 8:00 Mayor Palmer stated proposed Ordinance No. 03-4505 is to amend the Zoning Code (2002 Ed.) to create a new overlay district known as the Downtown Residential Overlay District (DROD), allowing dwelling unit intensities of up to 200 units per acre; opened the public hearing; and requested that Staff come forward for the presentation. Robert Fournier, Attorney, City Attorney's Office, Allen Parsons, Senior Planner II, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission. Mr. Parsons referred to a map displayed on the Chamber monitors indicating the boundaries of the Downtown Residential Overlay District (DROD); and stated that the DROD is an implementation of a policy of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and is part of a group of Zoning Text Amendments; that proposed Ordinance No. 03-4505 is the result of an amendment to the City's Comprehensive Plan initiated in 2003; that proposed Ordinance No. 03-4505 allows for increases in residential densities on individual sites within the DROD of up to 200 dwelling units per acre; that the average allowed density in the DROD remains at 50 dwelling units per acre; that Staff considered various methods to implement the City's Comprehensive Plan; that the City's Comprehensive Plan requires a public hearing be conducted before the Planning Board/Local Planning Agency (PBLP) and a public hearing before the Commission; that Staff presented a proposed Ordinance with non-objective criteria to provide flexibility for approval on a case by case basis. Mr. Burg quoted the minutes of the January 9, 2004, Special meeting of the CRA Advisory Board as follows: Chair Tylee called for a vote on the motion as amended to indicate affordable housing is a very important issue but may not be one the CRA Advisory Board wishes to address in the Downtown Residential Overlay District and to recommend to the CRA that the CRA Advisory Board entertain and respond to specific requests concerning development in the Community Redevelopment Area and in the event a residential developer has certain requests similar to requests for mixed use projects reviewed thus far, will continue to BOOK 55 Page 26770 01/20/04 2:30 P.M. BOOK 55 Page 26771 01/20/04 2:30 P.M. serve in an advisory capacity but will follow the Cityide/Countywide approach concerning affordable housing. Mr. Burg stated that the motion carried 8 to 0; and continued by quoting the minutes of the January 9, 2004, Special meeting of the CRA Advisory Board as follows: Chair Tylee called for a vote on the motion to remove the two contributions for transit and affordable housing from the Downtown Residential Overlay District Ordinance. Mr. Burg further stated that the motion carried 7 to 1; and continued by quoting from the minutes of the January 9, 2004, Special meeting of the CRA Advisory Board as follows: Vice Chair Quale called for a vote on the motion to recommend the addition of a Standard for Review indicating beautification and improvement of the immediate impact area. Mr. Burg stated further that the motion carried 8 to 0; and continued by quoting the minutes of the January 9, 2004, Special meeting of the CRA Advisory Board as follows: On motion of Member Wood and second of Member Gallup, it was moved that any voluntary contributions toward affordable housing and/or transit can be used outside the Community Redevelopment Area. Mr. Burg stated that the motion carried 8 to 0; and continued by quoting the minutes of the January 9, 2004, Special meeting of the CRA Advisory Board as follows: On motion of Member Wood and second of Vice Chair Quale, it was moved to recommend no sunset provision be included in the Downtown Residential Overlay District Ordinance. Mr. Burg continued that the motion carried 8 to 0. Attorney Fournier referred to his January 13, 2004, memorandum to the Commission regarding proposed Ordinance No. 03-4505, included in the Agenda backup material; and stated that the memorandum is a broad overview of affordable housing programs across the County and made a distinction between rental assistance and housing assistance programs which are jointly administered by the City and Sarasota County pursuant to an Interlocal Agreement and the applicable land use regulations; that inclusionary zoning ordinances and affordable housing ordinances are land development regulations which are divided into two types: 1) mandatory inclusionary zoning ordinances which mandate the inclusion of some units considered affordable in a residential multi-family development, and 2) incentive based ordinances authorizing local jurisdiction to provide incentives such as density bonuses to developers willing to include units which are affordable; that the difficulty is the definition of affordable; that the County's plan to offer housing incentives through the Community Development Block Grant (CDBG) program defines affordable as housing which does not exceed 30 percent of the income of a family of low and moderate income; that the median family income in Sarasota County is approximately $50,000; that low income is defined as a family with an income of less than 50 percent of the County median; therefore, a family with a $25,000 income would be defined as low income; that extremely low income would be 30 percent which is $15,000; that moderate income is generally defined as 80 percent of the jurisdiction's median which is $40,000; however, income is not the focus of the proposed Ordinance establishing the DROD; that the primary purpose of proposed Ordinance No. 03- 4505 is to have more people living in the area of the Downtown which is away from the Bayfront and currently under utilized as a location for residential development; that the amendment to the City's Comprehensive Plan which recently became effective to implement the Sarasota Downtown Master Plan 2020 indicates the DROD should have up to 25 percent residential uses; that the DROD currently is only approximately 3 percent residential; that the perception is proposed Ordinance No. 03-4505 is to provide an opportunity for private developers to increase the density on a lot to provide less expensive housing; that housing of increased density will be sold at market rate; that the private developer who initiated the amendment to the City's Comprehensive Plan preceding proposed Ordinance No. 03-4505 indicated a willingness to make a contribution to an affordable housing trust fund; that the contribution is best viewed as a payment made in consideration of the right to build up to the increased level of density which will be earmarked for affordable housing; that the developer will derive a benefit from the increased density allowable within the DROD; that the City is expected to benefit as well by way of an economic stimulus to the Downtown; that the contribution to an affordable housing trust fund will be a cost passed through to the purchasers; that the cost of moderately priced units will be BOOK 55 Page 26772 01/20/04 2:30 P.M. BOOK 55 Page 26773 01/20/04 2:30 P.M. driven up if the contribution is too high; that a modest contribution is recommended. The following people came before the Commission: Stan Zimmerman, 2469 Novus Street (34237), stated that moderate income housing is not applicable to the DROD; that small contributions from developers will be passed back to the eventual purchasers of the units; that the contribution is a cost-free charge to the developer which will be paid by the end user; that the contribution can be considered as a user fee rather than a fee levied against the developer; that the contribution should be based on the market rather than the estimated contribution of approximately one percent per unit which is extremely small. Mr. Zimmerman continued that the average density will remain at 50 units per acre; however, 200 units per acre will be allowed in certain specified developments; that in effect, a transfer of density rights will occur; that a land rush will occur if no mechanism is in place to monitor the transfer; that the first people who seek 200 units per acre will obtain the higher level of density and as the total available pool of density rights diminishes, fewer and fewer projects will be built until a saturation level results; that the DROD can be considered a taking as property owners will not be recompensed for the transfer of density rights; that the hope is a regulatory mechanism is provided in proposed Ordinance No. 03-4505 to avoid potential litigation; that including moderately priced units in the DROD is a speculator's dream as a moderate income person can purchase a moderate income unit at $100,000 and resell the unit in six months to one year for $1 million; that proposed Ordinance No. 03-4505 is not supported as a lack of clarity will cause potential problems in the future. Stephen Rees, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street, Suite 600, (34237), stated that the focus concerns two issues: 1) objectivity of criteria, and 2) consideration of procedural due process notice to affected property owners; that proposed Ordinance No. 03-4505 satisfies his initial concern as a petitioner representing an application to the Commission and as an attorney representing the applicant; that sufficient minimum criteria exists to understand the application focus and produce competent and substantial evidence to demonstrate an entitlement to an approval of a site plan; that the Commission's desire is to establish an ordinance which will attract moderate income housing development; that proposed Ordinance No. 03-4505 is supported. Attorney Rees continued that a concern is not a potential taking of a person's property rights, but rather an awareness of what is occurring in the DROD and an opportunity for a property owner to evaluate from the perspective of timing of the market and the desire of the property owner whether an application for higher density should be pursued; that some property owners may not desire the benefit of proposed Ordinance No. 03-4505 and would be satisfied with the particular district chosen to provide maximum density; that a concern is for property Owners to have an opportunity to know the location of an application for higher density and have an opportunity to participate in the hearing; that in the current Zoning Code (2002 Ed.), a process exists to identify a person as an Affected Person who has standing and elevates the Affected Person as a party allowed to participate in the quasi-judicial public hearing; that the desire is ensure the present text in the Zoning Code (2002 Ed.) has two criteria for the determination of meeting the test: 1) the person owns property within 500 feet of the boundary of the property subject to the application or 2) if not, the person demonstrates some degree of specific interest which would ascribe to the person's additional standing rather than simply being a member of the general public providing comments; that proposed Ordinance No. 03-4505 is not the venue : to address the Affected Persons' standing issue which is in a different section of the Zoning Code (2002 Ed.); however, the desire is for the record of the current meeting to make abundantly clear the intent of the Commission is any property owner in the DROD is recognized as having Affected Person status for any application in the DROD. Mayor Palmer asked Staff for additional comment. Attorney Fournier came forward and stated that two claims can exist concerning proposed Ordinance No. 03-4505: 1) a challenge the proposed Ordinance is unconstitutional in its entirety or 2) a challenge the proposed Ordinance is unconstitutional as applied to a particular property; that concerning a test regarding the constitutionality of the proposed Ordinance in its entirety, the issue is if the proposed Ordinance advances a legitimate governmental interest; that a private developer requested the proposed Ordinance to allow the construction of units of increased density in the Downtown, which is a legitimate governmental interest; that a concern regarding a BOOK 55 Page 26774 01/20/04 2:30 P.M. BOOK 55 Page 26775 01/20/04 2:30 P.M. possible taking would exist with a proposal for exclusionary zoning; that a desire to increase affordable housing is a legitimate governmental goal; however, in the absence of a housing assessment or marketing analysis, a demonstration of the manner in which the proposed regulation advances the goal of affordable housing is difficult; that regarding a possible challenge concerning the application of the proposed Ordinance, a maximum exists on the number of units allowed within the DROD due to the average of 50 dwelling units throughout the entire area; that any challenge must be addressed on an ad hoc basis as the challenges are fact specific; that the three factors a court would consider are: 1) the economic impact of the ordinance or regulation on the plaintiff, 2) the extent to which the regulation interfered with the plaintiff's reasonable investment return expectations, and 3) the objective of the regulation; that a definitive answer regarding potential challenges is not possible; that a remedy to a challenge would depend on the property owner's circumstances; that challenges may occur which will require resolution; however, the threat of potential challenges should not preclude the enactment of proposed Ordinance No. 03-4505. Mr. Parsons referred to proposed Section VI-906 (C) (2), Zoning Code (2002 Ed.), as follows: b. The average density within the DROD shall be monitored by the Planning and Redevelopment Department sO the total number of dwelling units within the DROD shall not be allowed to exceed 2.302 units. Mr. Parsons stated that Staff presently monitors and will continue to monitor the number of dwelling units in the DROD; that at the time the applicable amendment to the City's Comprehensive Plan was enacted, 22 residential units existed in the DROD, which is less than one percent of the total allowed; that construction of two residential projects have subsequently commenced in the DROD; that reaching the 2,300 maximum total will require significant time. Attorney Fournier stated that the circumstances at the time the maximum number of dwelling units is achieved cannot currently be known; that an amendment to the City's Comprehensive Plan may be required in the future; that the best course of action cannot be known at this time; that regarding the objectivity of criteria, one of the public speakers indicated the criteria is adequate, which was accomplished by redefining the purpose of proposed Ordinance No. 03-4505; that a provision concerning notice to property owners has been added to proposed Ordinance No. 03-4505; that proposed Ordinance No. 03-4505 is not the appropriate avenue to address a property owner's standing as an Affected Person; that a property owner within the DROD should be considered an Affected Person for purposes of a quasi-judicial public hearing concerning a site plan, which could be accomplished as a matter of policy or amending the applicable section of the Zoning Code (2002 Ed.). Attorney Fournier continued that an issue raised was the amount of the contribution to an affordable housing trust fund; that establishing the contribution to an affordable housing trust fund as a percentage of the value of the units sold is feasible; however, establishing the contribution to the transit development trust fund as a percentage of the value of the units sold is a concern; that the State has a Constitutional provision reserving the power to tax, except for ad valorem taxes, to the State; that authorization under general law is required for municipalities to tax; that for example, an occupational license is a tax but is authorized under State law; that a fee or assessment must be deemed a valid fee to avoid the problem of having the fee deemed an unconstitutional tax; that a contribution to the transit development trust fund can be classified as a proprietary fee, i.e., a fee governed by the general principle the payer of the contribution receives a special benefit or privilege the members of the public at large do not receive, the payment is voluntary, and the fee is reasonable in view of the benefit received. Attorney Fournier further stated that a fee for the transit development trust fund may be considered an impact fee due to increased demand on the transit facilities; that any impact fee must meet a dual rational nexus test; that the first part of the test is the anticipated need for additional facilities must be caused by the growth in population of the particular development; that the second part is the expenditure of the funds collected must accrue to the benefit of the new development; that the expenditures must be restricted to capital improvements only; that the recommendation is the funds in the transit development trust fund be used within the Community Redevelopment Area to ensure the residents of the particular development would receive the benefit from the collected fees; that funds collected for a transit development trust fund should be expended only on capital projects, not on studies for feasibility, etc.; that imposing a transit development fee based BOOK 55 Page 26776 01/20/04 2:30 P.M. BOOK 55 Page 26777 01/20/04 2:30 P.M. on the value of the units sold is not as practical a solution as for the affordable housing trust fund. Commissioner Servian stated that a public speaker raised the issue of a building rush; and asked if the number of applications accepted in a given year or a specified period of time can be limited? Attorney Fournier stated that the best solution is to use the sunset provision in proposed Ordinance No. 03-4505 and observe the activity for the initial two-year period; that, ironically, a building rush would achieve the purpose for which proposed Ordinance No. 03-4505 was enacted. Commissioner Servian asked the time the fee is payable? Attorney Fournier stated that the fee is payable prior the issuance of a building permit; that a suggestion was to make the fee payable at the time of issuance of the certificate of occupancy (C/O); that the City has a process for the issuance of a temporary C/O; that the fee should be payable prior to the issuance of any temporary C/O if any change is made to the proposed Ordinance. Commissioner Atkins stated that the DROD is feasible; that the possibility of constructing housing for the people who serve all the high end condominiums and townhouses is encouraging. Commissioner Bilyeu asked if a property owner could be precluded from building once the maximum allowed density has been reached? Attorney Fournier stated yesi that the DROD is within the Downtown Urban Mixed Use Future Land Use Classification; that the Future Land Use Classification has a density maximum of 50 dwelling units per acre; that the Florida Department of Community Affairs approved the amendment to the City's Comprehensive Plan with the contingency the density maximum would not change; that development in the DROD will be monitored. Mayor Palmer stated that the term "entitlement" used earlier by Attorney Rees is a concern; that no absolute entitlement exists; that no applicant has an entitlement until the requirements of proposed Ordinance No. 03-4505 are met. Attorney Fournier stated that competent, substantial evidence to support the decision would be the standard; that the intent and purposes of proposed Ordinance No. 03-4505 provide the reader with the type of evidence required to obtain the increased density. Mayor Palmer stated that the criteria in proposed Ordinance No. 03-4505 are not the same as in the Zoning Code (2002 Ed.). Attorney Fournier stated that the criteria are the same for site plan review; however, the criteria in proposed Ordinance No. 03-4505 are in addition to the site plan review criteria in the Zoning Code (2002 Ed.). Mayor Palmer stated that a fee will not be voluntary if proposed Ordinance No. 03-4505 is adopted. Attorney Fournier stated that the fee is voluntary in the sense a developer yoluntarily elects to apply to obtain the increased density; that building 50 dwelling units per acre requires no fee. Mayor Palmer asked if the transit development trust fund may only be used for capital improvements and not operating expenses? Attorney Fournier stated that transit development fees should be restricted to capital improvements; that the fee could be considered analogous to an impact fee which is restricted to expenditures for capital improvements. Mayor Palmer stated that the intent is to reinstitute a trolley in the Downtown area to move people around in the Community Redevelopment Area; that the operational costs are a concerni that the City allocated $70,000 in Tax Incremental Finance (TIF) funds in the fiscal year (FY) 2003/04 budget for the operation of a trolley; and asked if any fees for the transit development trust fund will be restricted to capital outlay? Attorney Fournier stated that the recommendation is to restrict expenditure from the transit development trust fund to capital outlay. City Manager McNees stated that a consistency issue is presented; that a one-time revenue such as a transit development fee should not be utilized for a recurring operating expense; BOOK 55 Page 26778 01/20/04 2:30 P.M. BOOK 55 Page 26779 01/20/04 2:30 P.M. that a transit system should be based on a recurring revenue as a transit development fee would be gone after the first year. Attorney Fournier stated that the development must derive some benefit from expenditures from the transit development trust fund; however, the benefit need not be exclusive to the development; that additionally, the fees should be expended within a reasonable time of collection. Mayor Palmer asked the timeframe? Attorney Fournier stated that a finding in one case was for a six year timeframe. Mayor Palmer stated that perfection cannot be achieved; that Staff will be monitoring the overall density in the area, considering the criteria and the experience, and recommending changes as necessaryi and asked if a sunset provision is necessary? Attorney Fournier stated that a sunset provision is not a significant concern from a legal perspective; however, unchartered territory is being explored; therefore, a sunset provision may be desirable; that a compromise may be to have a sunset provision after three or four years rather than two years; that Staff of the Planning and Redevelopment Department felt more strongly about a sunset provision; that previous discussion was the DROD should be an interim provision until the City developed an affordable housing program, which will not occur at least until the Evaluation and Appraisal Report is completed; that the DROD is not the same as an affordable housing program; that the two could CO- exist; that a sunset provision may be desirable as the DROD is a new concept; that the hope is the development community will put forward some good projects. Mr. Parsons stated that the DROD may or may not accomplish the goal the Commission wishes to achieve; that one criteria concerned the size limitation of the dwelling units, i.e., less than 1,250 square feet; that the size limitation may help achieve the goal of increasing the number of single bedroom units and thus the number of young working professionals but may not increase the number of working families in the Downtown area; that the anticipation was a sunset provision would allow for community dialog to determine if affordable housing should be connected to the DROD or pursued through some other avenue; that a sunset provision indicates no investment backed expectation is created; that any developer will know the investment backed expectation will not continue beyond the time of the sunset provision; that subsequent to the sunset timeframe, the DROD will be reconsidered; that clear direction was not available to indicate the DROD would accomplish desired goals; that a sunset provision would allow additional modifications if necessary. Attorney Fournier stated that a sunset provision is not opposed but is not considered critical. Mayor Palmer stated that the concern is a purchaser may believe an entitlement exists; that no one will be guaranteed an increase in land use density unless the criteria are met; that the criteria are different from the criteria of substantial and competent evidence required of other development applications; that the DROD does not create entitlements. Attorney Fournier stated that proposed Ordinance No. 03-4505 does not create entitlements; that the criteria must be met; that most significantly, any development must demonstrate a broadening of the range of available housing opportunities in the Downtown area. Mayor Palmer stated that the land cost in the Downtown area precludes the development of affordable housing for low income families; that the DROD cannot accomplish the goal of providing affordable housing in the Downtown area, which was the reason for developing the concept of an affordable housing trust fund; that the Community Redevelopment Agency (CRA) Advisory Board indicated the funds in the affordable housing trust fund need not be utilized in the Community Redevelopment Area; that the Commission is concerned about the development of affordable housing; that the affordable housing trust fund will promote the development of affordable housing although not necessarily in the Community Redevelopment Area due to the land cost. Attorney Fournier stated that a number of high priced dwelling units are being developed near the Downtown area; that the phrase "affordable housing" has not been utilized regarding development in the DROD; that the contribution to the affordable housing trust fund will assist with development of affordable housing in the community; that the DROD may help broaden the range of housing opportunities in the Downtown area by encouraging the development of lower priced dwelling units. Commissioner Bilyeu stated that the first project which will be presented under the DROD has required two years of development BOOK 55 Page 26780 01/20/04 2:30 P.M. BOOK 55 Page 26781 01/20/04 2:30 P.M. time and asked if proposed Ordinance No. 03-4505 could be renewable? Attorney Fournier stated that the Commission would be obliged to hold another public hearing to extend proposed Ordinance No. 03-4505 if the sunset provision is included; that any difficulties or problems could be discussed and addressed. Commissioner Bilyeu stated that the January 13, 2004, memorandum from Attorney Fournier to the Commission included in the Agenda backup material is excellent; that the hope is the information would be considered as part of the Commission's Strategic Planning effort; that including the affordable housing and the transit development trust funds in proposed Ordinance No. 03-4505 is not required. Attorney Fournier stated that the establishment of the affordable housing and the transit development trust funds should be accomplished by a separate ordinance as each ordinance should embrace only one subject matter; that the fee will not be due until the issuance of the building permit or possibly the C/O; that the purposes of the trust funds can be discussed at the time an ordinance is presented. Commissioner Bilyeu asked if the establishment of the trust funds will be presented as a separate ordinance? Attorney Fournier stated yes, if sO directed by the Commission. Commissioner Bilyeu stated that the trust funds are not included in proposed Ordinance No. 03-4505. Attorney Fournier stated that is correcti that proposed Ordinance No. 03-4505 only requires the contribution; however, the contribution is to trust funds which have not yet been established. Mayor Palmer stated that the amount of the contribution will remain the same; that the trust funds must be established separately. Attorney Fournier stated that is correct. Commissioner Bilyeu stated that the effort should not be to bring development Downtown while establishing overly restrictive regulations; that a personal desire is to make efforts to develop affordable housing in the Community Redevelopment Area; however, defining affordable housing is not easy; that the development of affordable housing should be included in the Strategic Plan; that developers should not be told a certain amount should be committed to affordable nousing or a transit development trust fund as TIF funds are also available; that the development of projects will result in increased TIF funds; that the Sarasota Downtown Master Plan 2020 can be changed to allow for the use of TIF funds for affordable housing in the Community Redevelopment Area. Mayor Palmer stated that TIF funds cannot be utilized outside the Community Redevelopment Area. Commissioner Bilyeu stated that TIF funds can be utilized in the Community Redevelopment Area; that affordable housing is being developed in the County; that most of the activity of the Office of Housing and Community Development is in the County, with the exception possibly of the activity of Habitat for Humanity; that the development of low income housing is being addressed; that the anticipation is the HOPE (Housing Opportunities for People Everywhere) VI grant will be received; that Habitat for Humanity is doing an excellent job with the Jordan's Crossing project; that affordable housing has been a topic of discussion since his relocation to the City in 1979; that significant strides have not been made; that making strides in affordable housing should be discussed; however, more regulations should not be imposed on developers in the City; that the development of affordable housing and transit should not be included in proposed Ordinance No. 03-4505. Vice Mayor Martin asked the reasoning for the determination of: 1) the amount of the contributions and 2) 20 percent of the units should be less than 1,250 square feet? Attorney Fournier stated that the amount of the contributions must be low to nominal as the cost will be passed through to the purchaser; that the amount of the contribution was determined through conversations with the party who initiated the amendment to the City's Comprehensive Plan and who volunteered to make a contribution; that the 20 percent limitation was an effort to develop objectivity; that the limitation provides for some control over the market; that a unit of less than 1,250 square feet will not sell for as much as a unit of 4,000 square feet; that the market study conducted by Real Estate Research Consultants, Inc., for the CRA in connection with the Whole Foods Centre Project indicated the size range of units Downtown was from efficiencies of 400 to 500 square feet up to 4,000 square feet with 2,500 BOOK 55 Page 26782 01/20/04 2:30 P.M. BOOK 55 Page 26783 01/20/04 2:30 P.M. square feet as the average; that the average of 2,500 square feet was divided in half to result in the figure of 1,250 square feet. Vice Mayor Martin stated that many multi-family properties have been personally managed; that multiple units may be purchased and combined; that multiple units of 1,250 square feet could be purchased and combined to result in larger units, which cannot be controlled. Attorney Fournier stated that is correct. Vice Mayor Martin referred to the minutes of the January 9, 2004, meeting of the CRA Advisory Board indicating the following motion: On motion of Member Githler and second of Member Gallup, it was moved to recommend an additional Standard for Review as a requirement for beautification of improvement of the immediate impact area. Vice Mayor Martin asked if Staff discussed the recommended additional Standard for Review? Mr. Parsons stated no; that the intent of the maker of the motion was someone was deriving a benefit from the increased density and therefore should make an additional contribution to beautification beyond the normal requirements; that the contribution was not defined; that Staff was unsure as to a method of codifying the requirement, which could apply to the building being developed or an off-site location such as the sidewalk. Commissioner Atkins asked the amount other communities are receiving for affordable housing trust funds? Attorney Fournier stated that a similar affordable housing trust fund was not found in the State; that typically, a contribution is given instead of constructing affordable units, which is different; that generally, 15 to 20 percent was the figure included in most regulations mandating affordable housing units; that the affordable housing trust fund recommended is unchartered territory. Commissioner Servian stated that the affordable housing trust fund is preferred to inclusionary zoning at least in the Downtown area; that developing affordable housing in the Downtown would be extremely difficult; that the City is not doing everything possible for affordable housing; that more residential units are required Downtown; that many working people cannot afford to purchase a home in the Downtown; that the affordable housing trust fund will assist in the development of affordable housing outside of the Downtown core; that the sunset provision is supported and will assure review at some specified time in the future sO discussions can be held with the stakeholders, developers, and Staff; that often, ordinances are adopted and not brought back to the Commission for review; that bringing back proposed Ordinance No. 03-4505 in a two or three year timeframe is preferred. Mayor Palmer stated that the first issue is the $2,500 contribution to an affordable housing trust fund. Vice Mayor Martin stated that a method of tailoring the contribution such as a percentage is preferred; however, a method is not immediately clear; that a comfort level and strong support for the affordable housing trust fund exist; that the amount has been carefully considered, is not punitive, but begins the establishment of an affordable housing trust fund and is therefore supported. Commissioner Bilyeu stated that the requirement for a contribution to an affordable housing trust fund is not preferred; however, Commission support appears to exist; that if included, the contribution should be required at the time of issuance of a temporary C/O. Mayor Palmer asked if the Commission wishes the contribution to the affordable housing trust fund be made at the issuance of a temporary C/0? Mayor Palmer, Vice Mayor Martin, and Commissioners Bilyeu and Servian stated yes. Commissioner Atkins stated that the contribution should be required at the time of issuance of the building permit. Mayor Palmer asked the Commission's consensus concerning the contribution to the transit development trust fund? Commissioner Bilyeu stated that the preference is not to require a contribution to a transit development trust fund; however, the contribution should be made at the time of issuance of a temporary C/O, if required; that the establishment of a transit development trust fund should be handled separately. BOOK 55 Page 26784 01/20/04 2:30 P.M. BOOK 55 Page 26785 01/20/04 2:30 P.M. Mayor Palmer asked if a transit development trust fund should be established? Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins and Servian stated yes. Mayor Palmer asked the Commission's wishes concerning use of affordable housing trust fund outside of the Community Redevelopment Area? Commissioner Bilyeu stated that the funds should be available for use anywhere in the City, if the affordable housing trust fund is established. Commissioner Servian stated that the funds should be available for use anywhere in the City. Vice Mayor Martin agreed; but stated that the distinction from the transit development trust fund is not clearly understood. Attorney Fournier stated that a special benefit should accrue to the contributor to the transit development trust fund. Mayor Palmer stated that hearing the Commission's agreement, the use of the transit development trust fund should be confined to the Community Redevelopment Area. Mayor Palmer asked if a sunset provision should be included? Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins and Servian stated yes. Commissioner Bilyeu stated that some review should be provided; that a sunset provision is acceptable. City Manager McNees asked if the transit development trust fund can be utilized within the Community Redevelopment Area or the DROD? Attorney Fournier stated that the recommendation is to allow use of the transit development trust fund within the Community Redevelopment Area; that confining the use to the Community Redevelopment Area will help assure any project in the DROD would benefit. Mayor Palmer stated that hearing the Commission's agreement, the use of the transit development trust fund will be confined to the Community Redevelopment Area. Attorney Fournier asked if the size limitation should be retained? Mayor Palmer, Vice Mayor Martin, and Commissioners Atkins, Bilyeu, and Servian stated yes. Mayor Palmer stated that the only major change to proposed Ordinance No. 03-4505 is to require the contribution at the time of issuance of the temporary C/O. Commissioner Bilyeu asked if additional ordinances will be developed to establish the trust funds? Attorney Fournier stated yes; that the only other issue is a possible change to the criteria for review for the site plan, which will be addressed at the time of adoption of the proposed Downtown Code. There was no one else signed up to speak and Mayor Palmer closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 03-4505 by title only. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to adopt proposed Ordinance No. 03-4505 with a change in the requirement for the contribution to the affordable housing and transit development trust funds to the time of issuance of a temporary certificate of occupancy. Mayor Palmer asked the timeframe for the sunset provision? Commissioner Servian stated that the timeframe is two years; that establishing the DROD is pleasing; that the opportunity to have additional people living in the Downtown is wonderful and will further the goals of the Sarasota Downtown Master Plan 2020; that the benefit to the rest of the community through the affordable housing and the transit development trust funds is also wonderful. Vice Mayor Martin stated that housing initiatives have been discussed by the Commission; that taking the step of adopting the DROD is pleasing; that three goals are accomplished: 1) the development of Downtown is stimulated, 2) diverse housing will BOOK 55 Page 26786 01/20/04 2:30 P.M. BOOK 55 Page 26787 01/20/04 2:30 P.M. be created including smaller units, 3) the affordable housing trust fund will provide funds to incentivize or subsidize affordable housing; that sO many rewards are not often seen in one program; that proposed Ordinance No. 03-4505 is enthusiastically supported; that having the idea come forward from the applicants is pleasing. Commissioner Atkins stated that proposed Ordinance No. 03-4505 is encouraging and appreciated; that many have been attempting to stimulate the Downtown and make some of the benefits available to those who have sacrificed to make the Downtown viable for 20 years; that having the rest of the community reap some rewards of the sacrifice over the years is pleasing; that the hope is a land rush will occur sO money will be available in an affordable housing trust fund to help service those in need of affordable housing. Commissioner Bilyeu stated that the hope is proposed Ordinance No. 03-4505 will work in the manner intended. Mayor Palmer stated that bringing proposed Ordinance No. 03-4505 forward is key to the vibrancy and vitality of the Downtown, which is impossible without increased residential density; that the DROD will help bring in new businesses and increase appropriate development in the Downtown; that the affordable housing and transit development trust funds are critical; that the developers are thanked for the support and for agreeing to make a contribution to both trust funds; that proposed Ordinance No. 03-4505 will be beneficial to the entire community. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yesi Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes. On motion of Commissioner Servian and second of Commissioner Atkins, it was moved to authorize the City Attorney to prepare two ordinances to establish the City affordable housing trust fund for use anywhere in the City and the transit development trust fund for use in the Community Redevelopment Area, the latter of which will be utilized for capital improvement expenditures only. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. The Commission recessed at 8:00 p.m. and reconvened at 8:10 p.m. 15. NON QUASI-JUDICIAL HEARING RE: SECOND PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 04-4513, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE, : AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION, ; DIVISION 2, DEFINITIONS; SEC. II-201, DEFINITIONS, TO CLARIFY DEFINITIONS; ARTICLE VI, ZONE DISTRICTS; DIVISION 5, COMMERCIAL ZONES; TABLE VI-503, DEVELOPMENT STANDARDS IN THE COMMERCIAL ZONES, TO CLARIFY DEVELOPMENT STANDARDS; ARTICLE VI, ZONE DISTRICTS; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS; SEC. VI-704, SPECIAL CRT AND C-CBD DEVELOPMENT STANDARDS, TO CLARIFY DEVELOPMENT STANDARDS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. - ADOPTED (TITLE ONLY) AND NON QUASI-JUDICIAL HEARING RE: : PROPOSED ORDINANCE NO. 04-4514, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE III, DECISION MAKING AND ADMINISTRATIVE BODIES; DIVISION 5, PUBLIC ART COMMITTEE, : SEC. III-502, MEMBERSHIP; TERMS ; TRANSITION, i VACANCIES; REMOVAL; ; ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES, ; DIVISION 5, SITE PLAN; SEC. IV-503, STAFF REVIEW AND REPORT, AND DIVISION 9, CONDITIONAL USES; SEC. IV-903, STAFF REVIEW AND REPORT, ; ARTICLE VI, ZONE DISTRICTS; DIVISION 2, SINGLE FAMILY ZONE DISTRICTS; SEC. VI-203, RESIDENTIAL USE DEVELOPMENT STANDARDS; DIVISION 3, MULTIPLE FAMILY ZONE DISTRICTS; TABLE VI-303, RESIDENTIAL DEVELOPMENT STANDARDS IN THE MULTIPLE FAMILY ZONES; DIVISION 7, SPECIAL PURPOSE ZONE DISTRICTS; SEC. VI-703, DEVELOPMENT STANDARDS; J, PEDESTRIAN STANDARDS; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 6, ADDITIONAL USE AND DEVELOPMENT STANDARDS; SEC. VII-602, SPECIFIED STANDARDS FOR CERTAIN USES, V, SIDEWALK CAFES; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; DIVISION 9, ACCESSORY STRUCTURE AND USES; SEC. VII-904, NON- RESIDENTIAL ACCESSORY USES, BUILDINGS AND STRUCTURES; Q, SPECIFIC ACCESSORY USES ALLOWED IN THE SMH ZONE DISTRICT : REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF ; ETC. ADOPTED (TITLE ONLY) AND BOOK 55 Page 26788 01/20/04 2:30 P.M. BOOK 55 Page 26789 01/20/04 2:30 P.M. NON QUASI-JUDICIAL HEARING RE: : PROPOSED ORDINANCE NO. 04-4515, AMENDING THE ZONING CODE (2002 ED.) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 02-4357; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING: ARTICLE VI, ZONE DISTRICTS; DIVISION 1, GENERAL; SEC. VI-101, PURPOSE, TO UPDATE THE TABLE OF FUTURE LAND USE CLASSIFICATIONS AND IMPLEMENTING ZONE DISTRICTS; ARTICLE VI, ZONE DISTRICTS; DIVISION 3, MULTIPLE FAMILY ZONE DISTRICTS; TABLE VI-301, PRIMARY USES ALLOWED IN THE MULTIPLE FAMILY ZONES; ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES; : DIVISION 2, GENERAL PROCEDURES; SEC. IV-202, NOTICES AND PUBLIC HEARINGS; AND DIVISION 8, HISTORIC DESIGNATION; SEC. IV-808, CHANGES TO STRUCTURES WITH HISTORIC DESIGNATION/CERTIFICATE OF APPROPRIATENESS AND SEC. IV-811, REMOVAL OF DESIGNATION; ARTICLE III, DECISION MAKING AND ADMINISTRATIVE BODIES; DIVISION 4, HISTORIC PRESERVATION BOARD; SEC. III-401, POWERS AND DUTIES; AND DIVISION 7, PLANNING AND DEVELOPMENT DEPARTMENT; SEC. III-703, JURISDICTION, AUTHORITY AND DUTIES; AND DIVISION 14, COMPREHENSIVE LAND AMENDMENTS; SEC. IV-1404, PLANNING BOARD REVIEW; ; ARTICLE VI, ZONE DISTRICTS; DIVISION 6, PRODUCTION INTENSIVE COMMERCIAL ZONE DISTRICTS; TABLE VI-601A, PRIMARY USES ALLOWED PRODUCTION INTENSIVE COMMERCIAL; ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY; OFF-STREET PARKING AND LOADING; SEC. VII- 212, ON-SITE LOCATION OF PARKING; AND DIVISION 6, ADDITIONAL USE AND DEVELOPMENT STANDARDS; SEC. VII-602, SPECIFIC STANDARDS FOR CERTAIN USES, X, OPEN AIR MARKET/BAZAAR; APPENDIX B, OWNERSHIP IDENTIFICATION PROCEDURES; REPEALING ORDI INANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF : ETC. (TITLE ONLY) (APPLICATION NO. 03-ZTA-04, APPLICANT CITY OF SARASOTA) = ADOPTED (AGENDA ITEM XI-A-2) CD 8:10 through 8:14 Mayor Palmer stated that the three non quasi-judicial public hearings pertain to proposed Ordinances amending the Zoning Code (2002 Ed.) and will be heard simultaneously; that the Commission will vote on proposed Ordinance Nos. 04-4513, 04-4514, and 04-4515 separately; that Zoning Text Amendment Application No. 03-ZTA-04 as incorporated in proposed Ordinance Nos. 04-4513, 04-4514, and 04-4515 is to amend the Zoning Code (2002 Ed.); opened the public hearing; and requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission and stated that Zoning Text Amendments are scheduled twice each yeari that proposed Ordinance Nos. 04-4513, 04-4514, and 04-4515 pertain to Zoning Text Amendments for the second cycle of 2003; that the Planning Board/Local Planning Agency (PBLP) conducted a public hearing on October 15, 2003, to receive public testimony regarding Zoning Text Amendment Application No. 03-ZTA-04 which contains 22 items; that the PBLP recommended approval of 20 items; that the Commission conducted a first public hearing on December 15, 2003; that at the direction of the Commission during the first public hearing Ordinance Nos. 04-4513 and 04-4514 were approved with no changes; that Section 11 of proposed Ordinance No. 04-4515 has been revised to prohibit all sales within the public right-of-way; that the proposed Ordinance previously indicated only retail sales were prohibited; that the Staff report included in the Agenda backup material includes a detailed explanation of each item and the minutes of the October 15, 2003, Planning Board/Local Planning Agency (PBLP) meeting; that Staff recommends adoption of proposed Ordinance Nos. 04-4513, 04-4514 and 04-4515 on second reading. There was no one signed up to speak and Mayor Palmer closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4513 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to adopt proposed Ordinance No. 04-4513 on second reading. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Palmer, yes; Servian, yes; Atkins, yes; Bilyeu, yes; Martin, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4514 by title only. On motion of Commissioner Atkins and second of Commissioner Servian, it was moved to adopt proposed Ordinance No. 04-4514 on second reading. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Servian, yesi Atkins, yes; Bilyeu, yes; Martin, yes; Palmer, yes. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4515 by title only. BOOK 55 Page 26790 01/20/04 2:30 P.M. BOOK 55 Page 26791 01/20/04 2:30 P.M. On motion of Commissioner Atkins and second of Commissioner Bilyeu, it was moved to adopt proposed Ordinance No. 04-4515 on second reading. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yesi Martin, yes; Palmer, yes; Servian, yes. 16. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4522, ESTABLISHING A MORATORIUM ON THE PROCESSING OF AMENDMENTS TO THE CITY OF SARASOTA COMPREHENSIVE PLAN (A/K/A SARASOTA CITY PLAN) FOR ONE (1) YEAR; SAID MORATORIUM TO BE APPLICABLE TO AMENDMENTS THAT WOULD OTHERWISE BE FILED AND PROCESSED FOR THE 2004-2005 ANNUAL AMENDMENT CYCLE ; SETTING FORTH FINDINGS AS TO THE NEED FOR THE PUBLIC PURPOSE SERVED BY THE MORATORIUM; EXEMPTING APPLICATIONS PERTAINING TO ANNEXED PROPERTY; AND ALSO EXEMPTING EMERGENCY AMENDMENTS AND ADMINISTRATIVE AMENDMENTS AS DEFINED IN THE ZONING CODE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM XI-A-3) CD 8:14 through 9:02 Mayor Palmer stated that proposed Ordinance No. 04-4522 establishes a moratorium on the processing of amendments to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) for one yeari opened the public hearing; and requested that Staff come forward. Douglas James, Chief Planner, and David Smith, Senior Planner, Planning and Redevelopment Department, came before the Commission. Mr. James stated that the State Statutes require every county and city in the State update the Comprehensive Plan every seven years; that the City last updated the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), in 1998; that the State Statutes also require Staffing the preparation of an Evaluation and Appraisal Report (EAR); i that the EAR is labor intensive and requires a considerable amount of cooperation and coordination among City departments and regional and State agencies such as the Southwest Florida Water Management District (SWFWMD), the Florida Department of Transportation, the Sarasota/Manatee Metropolitan Planning Organization (MPO), the regional planning council, etc.; that the EAR must be completed by November 2005; that based on current staffing levels, the decision is to begin work on the EAR earlier rather than later; that the request is not to require Staff to prepare the EAR while concurrently processing 9 to 12 private sector initiated Comprehensive Plan Amendments during the year 2004/2005 plan amendment cycle and carrying out other routine duties; that work on the EAR will commence in April 2004 to meet the State mandated deadline of November 2005; that the annual plan amendment cycle begins in May 2004. Mr. James continued that the request is similar to the request the Commission considered and approved in 1995 at the time the current EAR was prepared and approved and allows a delay in the amendment cycle for the City's Comprehensive Plan for the year 2004 and 2005 which would otherwise begin in May 2004; that the result would be Staff would not be required to analyze and process an anticipated 10 to 14 amendments to the City's Comprehensive Plan sO focus can be placed on the EAR; that proposed Ordinance No. 04-4522 provides for the Commission to allow an amendment to the City's Comprehensive Plan after receipt of a recommendation from Staff, which is a satety value for any unanticipated opportunity. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that the request is for a moratorium for the 2004/05 cycle for amendments to the City's Comprehensive Plan; that the first legal requirement is a rational relationship between the moratorium and the public welfare; that the justification in 1995 applies at this time; that the State Statutes impose a penalty for not submitting the EAR in a timely fashion; that the penalty is no further amendments to the City's Comprehensive Plan will be considered by the Department of Community Affairs; that the planning process is dynamic and ongoing; therefore, avoiding the penalty is important; that the Planning and Redevelopment Department indicates an inability to take the risk of completing the EAR in a timely fashion; therefore, the justification is the public interest would be served by avoiding the statutory penalty precluding any amendments to the City's Comprehensive Plan if the EAR is not timely adopted. Attorney Fournier continued that the second legal requirement is the jurisdiction must move promptly with all due haste to address the situation causing the moratorium once the moratorium is declared; that the third legal requirement is the duration of the moratorium must be reasonable, i.e., the minimum period of time BOOK 55 Page 26'792 01/20/04 2:30 P.M. BOOK 55 Page 26793 01/20/04 2:30 P.M. reasonably necessary to serve the purpose of the moratorium; that one cycle for amendments to the City's Comprehensive Plan, i.e., one year, is reasonable; that the fourth legal requirement is compliance with the extraordinary notice and hearing requirements of the State Statutes, which has been accomplished. Mr. James stated that the Commission can initiate an amendment if necessary; that many private developers and property Owners will come forward during the EAR process to propose changes to the City's Comprehensive Plan; therefore, the public will have an opportunity to participate in the process; however, any changes will take longer for approval than in an amendment process to the City's Comprehensive Plan; that once the EAR is completed, any changes must be incorporated in a major update to the City's Comprehensive Plan, which will require 18 months; that everyone can participate; nowever, approval will require more time. Mayor Palmer stated that proposed Ordinance No. 04-4522 provides for exceptions. Mr. James stated that is correct; that exceptions will be presented to the Commission with the City Manager's recommendation. Mayor Palmer asked the criteria? Mr. James stated that the content of the exceptions is not known; that emergency amendments could be entertained. Attorney Fournier stated that Section 3 of proposed Ordinance No. 04-4522 indicates three exceptions as follows: A. A plan amendment which is associated with a petition for voluntary annexation B. An "emergency amendment" C. An "administrative amendment" initiated by the City Commission as described in Section IV-1401 (C) (3) of the Zoning Code. Attorney Fournier stated that the an acceptable exception is one the City Manager recommends and with which the Commission agrees. The following people came before the Commission: Joel Freedman, 1515 Second Street (34236), submitted for the public record a January 20, 2004, letter, from Jeffrey Russell indicating the proposed moratorium is not the vehicle to use to compensate for the lack of staff to complete the EAR; that as a professional planner, the suggestion is a moratorium is not in the best interest of the City; that as indicated by Staff of the City Attorney's Office, comprehensive planning is an ongoing and dynamic process, which is a reason a moratorium should not be imposed; that no one knows the types of developments which may be presented in the next four months prior to the May 2004 amendment cycle; that a small property owner may have an opportunity in that time which should be allowed; that no one knows all the opportunities which may be presented; that planning is a dynamic and ongoing process which should not be stopped; that a test to impose a moratorium was the quick resolution; that the problem is staff resourcesi that adequate staff is not devoted to the update of the City's Comprehensive Plan; that the solution is to devote more staff; that the EAR is due in November 2005, followed by the update to the City's Comprehensive Plan; that a question is if another moratorium to complete the update the City's Comprehensive Plan, which is more complicated than the EAR, will be required; that a small property owner may not be able to initiate an amendment to the City's Comprehensive Plan for three years; that a moratorium is not the appropriate approach. Stephen Rees, 2033 Main Street (34236), stated that as a land use attorney, many privately initiated amendments to the City's Comprehensive Plan have been presented and approved; that discussions concerning a possible moratorium were held; that the advantages and disadvantages to the City and private property owners were discussed; that no specific client is currently represented; that the comments of Mr. Freedman are echoed; that the State Statutes include no provision for local government to abort the annual right of a property owner to initiate an amendment to the City's Comprehensive Plan; that the absence of any provision to allow local government to consider a moratorium is significant; and quoted Section 163.3181, State Statutes as follows: (1) It is the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible Attorney Rees stated that numerous provisions in the State Statutes guarantee the full extent of participation; that a BOOK 55 Page 26794 01/20/04 2:30 P.M. BOOK 55 Page 26795 01/20/04 2:30 P.M. fundamental statutory right is for a citizen to come to the local government on an annual basis and petition to change the comprehensive plan; that the right should not be taken away from the citizens of the community; that a duration of up to three years before a property owner could receive a determination concerning a land use request is being considered if subjected to the EAR process and the subsequent process for an amendment to the City's Comprehensive Plan; that clients have been represented during the EAR process; that focusing all resources on one case is easier than receiving consideration with numerous other cases within the more global process of the EAR and the subsequent amendment to the City's Comprehensive Plan; that the Commission is implored not to adopt a moratorium; that the problem of staffing or resources should be addressed through a reallocation of existing personnel or a decision to allocate sufficient funds to accomplish the task; that the Commission is requested to leave intact the right of property owners to petition to amend the City's Comprehensive Plan annually. Kerry Kirschner, 2033 Main Street (34236), representing The Argus Foundation, stated that a moratorium indicates the deadline of November 2005 will be missed; that the moratorium is the equivalent response to missing the deadline; that meanwhile, people are denied the process; that due to the economic conditions and the revitalization in the community, considering a moratorium sends the wrong message; that the Commission is encouraged to deal with the issue of staff time in another manner; that a message which appears punitive to the entire community should not be sent. Mayor Palmer asked for additional comment from Staff. Attorney Fournier, Mr. James, and Mr. Smith came forward. Mr. James stated that a purpose of an ongoing comprehensive planning process is for local government to evaluate every seven years the long range policy rather than the short term action strategies; that the citizens throughout the entire city have an opportunity to approach the governing body to discuss the overall benefit to the City rather than individual property owners presenting items of individual benefit; that the citizens can address the larger issues affecting the community such as regional stormwater management which has implications throughout the community; that the fairness issue concerns not only individual property owners but also the citizens throughout the City; that the possibility of another moratorium or an extension of the proposed moratorium is not known; that the update to the City's Comprehensive Plan may be minimal; that otherwise, a more difficult update to the City's Comprehensive Plan may require additional staffing resources as part of the budget process. Attorney Fournier stated that proposed Ordinance No. 04-4522 is for one amendment cycle, i.e., the cycle beginning in May 2004 with amendments becoming effective in the spring of 2005; that applications could be filed in 2005; that originally, a request was to consider the propriety of a two-year moratorium; however, the request was for two one-year moratoria for different reasons; that the current request is for a moratorium to allow Staff sufficient time to complete the EAR; that another possible moratorium would be due to possible major changes to the City's Comprehensive Plan sO the public's interest would be served by not allowing amendments which may be inconsistent with proposed changes; that planning sO far in the future is not possible; that the likelihood is no major changes will result from the EAR, which is not intended as a mandate to rewrite the City's Comprehensive Plan unless desired by the local government; that the most recent changes to the Çity's Comprehensive Plan due to the Sarasota Downtown Master Plan 2020 are likely the most significant changes which can be anticipated; that the likelihood of significant changes to the City's Comprehensive Plan is remote; that as previously indicated, the State Statutes do not have a provision allowing a moratorium. Mr. James stated that those affected include the Planning and Redevelopment Staff, the Planning Board/Local Planning Agency, and other departments in City government; that additionally, the 10 to 14 applications for amendments to the City's Comprehensive Plan may or may not be compatible with the changes anticipated as part of the EAR; that processing the annual amendment cycle while preparing the EAR would be time consuming; that almost all departments in City government are affected. Vice Mayor Martin stated that other communities must also have the problem and asked the manner in which the Department of Community Affairs handles the problem? Attorney Fournier stated that the manner in which other communities handle the problem is not known; that the City's experience in 1995 including the City ordinance and associated minutes was reviewed; that the same circumstances exist at this time if the City has inadequate staff to handle the job. BOOK 55 Page 26796 01/20/04 2:30 P.M. BOOK 55 Page 26797 01/20/04 2:30 P.M. Vice Mayor Martin asked if fewer privately initiated amendments to the City's Comprehensive Plan will be torthcoming due to the EAR process? Mr. Smith stated that a response is not known; that the direction of the EAR could result in more rather than fewer applications for amendments to the City's Comprehensive Plan; that the opposite could be true. Vice Mayor Martin asked the application period? Mr. Smith stated that the application deadline is May 2004. Vice Mayor Martin asked if any privately initiated amendments to the City's Comprehensive Plan are anticipated? Mr. Smith stated that discussion of one privately initiated amendment to the City's Comprehensive Plan has been heard. Mr. James stated that the Planning Board/Local Planning Agency (PBLP) will hear 10 applications at its January 21, 2004, Regular meeting; that four or five of the applications were submitted by property owners adjacent to the existing non-residential development along Tamiami Trail/US 41; that the Community Office/Institutional Land Use Classification parallels Tamiami Trail/US 41; that the property owners submitting applications are interested in expanding the Community Office/Institutional Land Use Classification into the residential neighborhoods; that Staff recommended denial of each of the applications; that the policy decision of the Land Use Classification should be made during the update of the City's Comprehensive Plan rather than on a parcel by parcel basis; that during the 1998 update of the City's Comprehensive Plan, the Commission expanded the non-residential development for a number of parcels west of East Avenue between Tamiami Trail/US 41 near Sarasota Memorial Hospital; that the expansion was not accomplished on an individual parcel basis; that the EAR process provides an opportunity to examine major policies without being burdened with applications on individual parcels. City Manager McNees stated that concerning the suggested statutory right of an individual to initiate a Comprehensive Plan Amendment, the statutory intent is to maximize the public's ability to participate in the comprehensive planning process; that interpreting the State Statutes as providing a statutory right is a stretch; that the process for citizen participation is the EAR; that no suggestion is being made the public should be removed from the process. Mayor Palmer asked for comment concerning the staffing issue. City Manager McNees stated that the Commission has previously indicated the scales should remain balanced and expenses should not be dramatically increased; that the budget for fiscal year (FY) 2003/04 is established; that the budget for FY 2004/05 can be reviewed to assure a further moratorium for the EAR and the amendments to the City's Comprehensive Plan are not required if desired by the Commission; that the City has budgeted in as lean a manner as possible based on the activity levels. Mayor Palmer stated that additional staff is required for the Historic Preservation Chapter to the City's Comprehensive Plan and the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020); that the City does not employ an historic preservation planner; that the City is behind in terms of staffing for the activities already included in the City's Comprehensive Plan. Mr. James stated that the Commission adopted 21 recommendations to make the development review process more efficient and effective in early 2003; that 10 have been completed and 11 remain; that Staff is undertaking other activities including coordinating the impact fee ordinance of the School Board of Sarasota County among the various agencies in Sarasota County; that comprehensive planning is only one part of Staff's activities but is a major part at this time due to the EAR. Commissioner Servian stated that the proposed Barrier Island Chapter to the City's Comprehensive Plan should be developed; that the Commission will likely direct the preparation of a chapter to the City's Comprehensive Plan concerning affordable housing; that the moratorium may not be the best response to address the staffing issue; that another method of addressing the issue may be required; that the staffing issue may not be a one year event, which is a significant concern; that in one year, the possibility of a second year moratorium may be presented. Vice Mayor Martin stated that the moratorium is a source of discomfort; that sympathy exists regarding the staffing issues; that significant activity is presented in the City; that all the activity cannot be addressed as quickly as desired; that an amendment to the City's Comprehensive Plan regarding density in the Downtown was just presented; that the opportunity should not be lost; that the dynamics of the various activities including the BOOK 55 Page 26798 01/20/04 2:30 P.M. BOOK 55 Page 26799 01/20/04 2:30 P.M. Downtown Master Plan 2020, the Enterprise Zone, etc., should not be lost; that the City has created a significant amount of dynamism; that the moratorium may dampen the energy created; that the proposed moratorium creates a personal quandary; that the term "moratorium" is a concern; that the dynamism developed may prompt the initiation of amendments to the City's Comprehensive Plan which may be important; that the City Manager can determine if certain proposed amendments to the City's Comprehensive Plan should be brought forward, which alleviates some concern; however, addressing the problem through staffing is preferred; that the suggested direction is not pleasing. Commissioner Bilyeu stated that situations are now different now as compared to 1995; that reviewing the minutes from the Commission discussion is 1995 would have been preferred; that the term "moratorium" is a conçern; and asked for an example of a privately initiated amendment to the City's Comprehensive Plan which was processed in the last annual cycle. Mr. James stated that the development at Cocoanut Avenue, 10th Street, and Tamiami Trail/US 41 was the result of an amendment to the City's Comprehensive Plan; that the process began approximately one and one half years ago. Commissioner Bilyeu stated that opportunities should not be lost; that a determination should be made as to if additional staff is required; that the Skate Park is an example of the City's success; that additional staff is required for the Skate Park; that successful redevelopment is occurring in the Downtown. Mr. James stated that issues concerning staffing are presented prior to the FY 2004/05 budget process; that the annual cycle for amendments to the City's Comprehensive Plan begins in May 2004; that once underway, the process cannot be stopped; that additionally, no space is available for additional staff. City Manager McNees stated that the discussion is similar to a budget hearing; that the Commission is requested to recall the discussion during budget hearings; that nothing could be more pleasing than to have staff resources to apply to all the activities requested by the Commission; that the hope is the Commission will recall the discussion during budget hearings which was additional Staff means more money resulting in an increase in ad valorem taxes. Mayor Palmer stated that having been involved in the planning process for many years, the frustration of the development is understood; that additionally, the frustration of not having Staff is understood; that Staff is overburdened; that the same problem exists in the Building, Zoning and Code Enforcement Department, the Engineering Department, etc.; that all City departments are suffering; that during the last budget process, non-recurring funds were utilized for operational expenses which is the reason a personal vote was cast against the budget; that Staff is currently overburdened and does not have adequate time to complete all activities; that a question is the source of funds for additional staff; that the Commission is not in a position to act on a budget at this time; that staffing for FY 2004/05 should be carefully considered to assure a renewal of a cessation of the process is not required after one year, if the moratorium is approved; that Staff must complete the EAR; that if not, the Florida Department of Community Affairs will not allow any changes to the City's Comprehensive Plan; that the term "moratorium" is a concern; however, the Commission must be realistic in terms of the available fiscal resources. Commissioner Atkins asked the effect of the 1995 moratorium on the development community? Mr. James stated that he participated in the update of the City's Comprehensive Plan in 1996 but has no knowledge of any members of the development community who were unable to have any projects approved. Michael Taylor, Deputy Director of Planning and Redevelopment, came before the Commission and stated that no negative effect on the community is recalled; that many of the desires of the community were included in the process of the EAR and subsequent amendments to the City's Comprehensive Plan; that the Future Land Use Chapter to the City's Comprehensive Plan was completely rewritten at the time; that the community supported the activity and the changes to the City's Comprehensive Plan; that no one was delayed due to the moratorium. Commissioner Atkins stated that anyone could have appealed to the City Manager to assure any project proceeded through the processi that the staffing situation is understood; that the City must assure the EAR is completed without detriment. Mr. Taylor stated that an analogy may be the Zoning Text Amendments presented under Agenda Item XI-A-2 earlier in the meeting; that the amendments were combined allowing efficiencies BOOK 55 Page 26800 01/20/04 2:30 P.M. BOOK 55 Page 26801 01/20/04 2:30 P.M. in the allocation of staff resources sO more could be accomplished with fewer public hearings and better utilization of the time of the PBLP and the Commission; that the same staff resources are required for advertising, public hearings, etc.; that the hope is have the ability to accomplish all the activities desired by the Commission in the most efficient manner possible. Commissioner Servian asked for a comparison of the current development climate with the climate in 1995. Mr. Taylor stated that the example of a number of small parcels requesting a small expansion is indicative of the type of development activity; that the situation is similar to 1995; that Staff was providing negative recommendations to requested encroachments in the neighborhoods and developed a workable plan to expand office use into the community on South Tamiami Trail/US 41. Commissioner Servian stated that the hope is the City will still be able to entertain any requests presented and will not deny consideration to any development requests. Mr. James stated that requests will still be considered; that requests can be presented as part of the EAR process; that additional time may be necessary to process the requests. Commissioner Servian stated that Staff should not be burdened; however, a balance with the community interest must be achieved. City Manager McNees stated that no moratorium to the development process is proposed; that the only proposal is a moratorium of amendments to the City's Comprehensive Plan. Commissioner Atkins stated that no one should be crippled by the moratorium; that the City can survive; that the budget process will be considered in the future. There was no one else signed up to speak and Mayor Palmer closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 04-4515 by title only. On motion of Commissioner Atkins and second of Vice Mayor Martin, it was moved to pass proposed Ordinance No. 04-4522 on first reading. Vice Mayor Martin stated that the convincing point is the existence of a safety value to consider any required amendments to the City's Comprehensive Plan for any key projects; that a Strategic Plan is being developed; that an evaluation of everything which can be accomplished is necessary from time to time; that the EAR is an overall consideration of the City's Comprehensive Plan, which is important to the community; that proposed Ordinance No. 04-4522 is supported. Mayor Palmer stated that the proposal is not a moratorium on development but rather a cessation of proposals to change the City's Comprehensive Plan to allow for an update without endangering the opportunity for updates in the future. Mayor Palmer called for a vote on the motion and requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried (4 to 1): Bilyeu, no; Martin, yes; Palmer, yesi Servian, yes; Atkins, yes. Mayor Palmer requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial processi that during the quasi- judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi- judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. 17. QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 03-4508, TO REZONE REAL PROPERTY LOCATED ON THE NORTH SIDE OF DR. MARTIN LUTHER KING, JR. WAY AND HAVING STREET ADDRESSES OF 2051, 2067 AND 2077 DR. MARTIN LUTHER KING, JR. WAY FROM THE SINGLE- - FAMI-RESIDEIAL- (RSF-4) ZONE DISTRICT TO THE COMMERCIAL GENERAL DISTRICT (CGD), AS MORE PARTICULARLY SET FORTH HEREIN; PROVIDING FOR CONDITIONS OF THE REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 04-RE-01, BOOK 55 Page 26802 01/20/04 2:30 P.M. BOOK 55 Page 26803 01/20/04 2:30 P.M. APPLICANT CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM XI-B-1) CD 9:02 through 9:12 City Attorney Taylor stated that proposed Ordinance No. 03-4508 pertaining to City-initiated Rezone Application No. 04-RE-01 is to rezone 0.68 acres of real property located on the north side of Dr. Martin Luther King, Jr. Way (Dr. MLK Way); that the recommendation is for the City to have 7 minutes for presentation and 3 minutes for rebuttal; that no one has applied for status as an Affected Person; that other interested persons will have 3 minutes to speak. Mayor Palmer stated that hearing no objections, the recommended time limits are approved and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Palmer stated that proposed Ordinance No. 03-4508 pertaining to City-initiated Rezone Application No. 04-RE-01 is to rezone 0.68 acres of real property locatèd on the north side of Dr. MLK Way having street addresses of 2051, 2067, and 2077 Dr. MLK Way; opened the public hearing and requested that Staff come forward. Allen Parsons, Senior Planner II, Planning and Redevelopment Department, came before the Commission and stated that Rezone Application No. 04-RE-01 requests approval of rezoning from the Residential Single Family 4 (RSF-4) Zone District to the Commercial General District (CGD) Zone District to eliminate a zoning enclave and to enable the redevelopment of property consistent with City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the Newtown Comprehensive Redevelopment Plan through 2020 (Newtown Redevelopment Plan); that excerpts of the Newtown Redevelopment Plan are included in the Agenda backup material; that the intent of the property owner is to utilize the subject site as an outdoor community market; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at the December 10, 2003, meeting and voted 5 to 0 to find Rezone Application No. 04-RE-01 consistent with the City's Comprehensive Plan, and found that the Standards for Review set forth in Section IV-1106, Zoning Code (2002 Ed.) have been satisfied; and recommended approval of the rezone subject to the following condition: The Cumulative maximum size of any structure (s) shall be less than 3,001 square feet or a maximum of 30 foot by 10 foot booths. Mr. Parsons referred to maps indicating the location of the parcels displayed on the Chamber monitors; and continued that the three one quarter parcels are along the north side of Dr. MLK Way east of Washington Boulevard; that one quarter of the parcel is within the City limits and the other three quarters of the parcel is within Sarasota County jurisdiction; that the rezoning will be from the Residential Single Family 1 (RSF-1) Zone District to the Commercial General (CG) Zone District; that the CG Zone District is an implementing Zone District of the Future Land Use Classification for the parcels; that the existing Residential Single Family 4 (RSF-4) Zone District is a zoning enclave and is not an implementing Zone District for the Community Commercial Future Land Use Classification; that the rezoning is part of an effort identified in the City's Comprehensive Plan under Action Strategy 1.5 in the Future Land Use Chapter, which addresses the review of zoning enclaves and also provides the opportunity for the City to rezone the zoning enclaves as applicable; that the parcels are designated in the Community Commercial Future Land Use Classification; that part of the Newtown Redevelopment Plan, adopted in 2003, calls for a change in this particular area to allow commercial activities. Mr. Parsons continued that a community market is an item identified for this area in the Newtown Redevelopment Plan; that the property owner intends to develop a community market; that the one proposed condition of approval relates to a community market; that the proffer limits the potential development size on the parcels to either 3,000 square feet of commercial development or 30 ten foot by ten foot booths; that a community market includes structures which are not permanent in nature and not associated with a permanent structure; that Staff finds the proposal is consistent with the City's Comprehensive Plan as conditioned; that the transportation impacts are de minimis. Commissioner Servian asked if proposed Ordinance No. 03-4508 restricts sales in the public right-of-way? Mr. Parsons stated that sales in the public right-ot-way are restricted in the Zoning Text Amendment which was previously approved by the Commission. There was no one signed up to speak and Mayor Palmer closed public hearing. BOOK 55 Page 26804 01/20/04 2:30 P.M. BOOK 55 Page 26805 01/20/04 2:30 P.M. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 03-4508 by title only. On motion of Commissioner Atkins and second of Commissloner Servian, it was moved to pass proposed Ordinance No. 03-4508 on first reading. Commissioner Atkins stated that the community has anticipated the rezoning of the property; that the rezoning will create an incubator for business and foster an entrepreneurial spirit in the community; that the hope is ancillary businesses and storefronts will result from entrepreneurial endeavors beginning on the property. Commissioner Servian stated that the concept of an entrepreneurial incubator is exciting; that an opportunity exists for entrepreneurs to grow. Mayor Palmer requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Palmer, yesi Servian, yesi Atkins, yesi Bilyeu, yes. On motion of Vice Mayor Martin and second of Commission Bilyeu, it was moved to extend the meeting beyond the 9:30 p.m. deadline to complete the Agenda. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. The Commission recessed at 9:12 p.m. and reconvened at 9:25 p.m. 18. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 03-4491, TO REZONE A 1.4 ACRE SITE FROM THE RESIDENTIAL MULTIPLE FAMILY-2 (RMF-2) ZONE DISTRICT TO THE OFFICE REGIONAL DISTRICT (ORD) ZONE DISTRICT TO ALLOW A COMMUNITY SERVICE FACILITY WITH ACCESSORY USES PERMISSIBLE BY MAJOR CONDITIONAL USE AND A RELIGIOUS INSTITUTION PERMISSIBLE BY MINOR CONDITIONAL USE; SAID PROPERTY BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF 17H STREET AND GILLESPIE AVENUE CONSISTING OF LOTS 17 THROUGH 26, BLOCK G, CITY PARK SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN, i APPROVING SITE PLAN APPLICATION NO. 03-SP-32 WHICH HAS BEEN PROFFERED AS A CONDITION OF APPROVAL OF THIS REZONING; : PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. - PASSED ON FIRST READING SUBJECT TO INCLUSION OF AGREED UPON CONDITIONS PRIOR TO SECOND READING (TITLE ONLY) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 03R-1633, APPROVING MAJOR CONDITIONAL USE APPLICATION NO. 03-CU-04 TO ALLOW A COMMUNITY SERVICE FACILITY WITH ACCESSORY USES CONSISTING OF AN OFFICE, MEETING ROOM SPACE, PAVILION, FOOD PREPARATION AND PARKING AREA, IN THE OFFICE REGIONAL DISTRICT (ORD) ZONE DISTRICT; SAID MAJOR CONDITIONAL USE IS PROPOSED TO BE LOCATED AT THE NORTHWEST ÇORNER OF 17"H STREET AND GILLESPIE AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; SAID MAJOR CONDITIONAL USE IS REQUIRED TO BE CONSTRUCTED IN ACCORDANCE WITH SITE PLAN APPLICATION NO. 03-SP-32; PROVIDING FOR CONDITIONS OF APPROVAL; ETC. CONTINUED TO THE EVENING SESSION OF THE FEBRUARY 2, 2004, REGULAR COMMISSION MEETING WITH THE INCLUSION OF REVISED PROFFERED CONDITIONS AND LANGUAGE REGARDING SOUND APPLICATION (TITLE ONLY) AND QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 04R-1693, APPROVING MINOR CONDITIONAL USE APPLICATION NO 04-MCU-01 TO ALLOW A RELIGIOUS INSTITUTION IN THE OFFICE REGIONAL DISTRICT (ORD) ZONE DISTRICT UPON PROPERTY LOCATED TO THE NORTHWEST CORNER OF 17"H STREET AND GILLESPIE AVENUE IN CONJUNCTION WITH THE OPERATION OF A COMMUNITY SERVICE FACILITY; SAID MINOR CONDITIONAL USE IS REQUIRED TO BE CONSTRUCTED IN ACCORDANCE WITH SITE PLAN APPLICATION NO. 03-SP-32; PROVIDING FOR CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NOS. 04-MCU-01, 03-CU-04, 03-RE-18 AND 03-SP-32, APPLICANTS PETER M. DAILEY, DAILEY DESIGN GROUP - INC. AND MICHAEL BUTTERFIELD, / EXECUTIVE DIRECTOR, GIFTS FROM GOD OF SARASOTA, INC., AS AGENTS REPRESENTING ARNOLD AUSTIN AND GIFTS FROM GOD OF SARASOTA, INC., OWNER AND CONTRACT VENDEE, - RESPECTIVELY) CONTINUED TO THE EVENING SESSION OF THE FEBRUARY 2, 2004, REGULAR COMMISSION MEETING WITH THE INCLUSION OF REVISED PROFFERED CONDITIONS AND LANGUAGE REGARDING SOUND APPLICATION (AGENDA ITEM XI-B-2) CD 9:25 through 12:36 Mayor Palmer stated that proposed Ordinance No. 03-4491 is to rezone a 1.4 acre site from the Residential Multiple Family-2 (RMF-2) Zone District to the Office Regional District (ORD) Zone BOOK 55 Page 26806 01/20/04 2:30 P.M. BOOK 55 Page 26807 01/20/04 2:30 P.M. District; that the property is located at the northwest corner of 17th Street and Gillespie Avenue consisting of Lots 17 through 26, Block G; that proposed Resolution No. 03R-1633, approves Major Conditional Use Application No. 03-CU-04 to allow development of a community service facility with accessory uses on the property; that proposed Resolution No. 04R-1693, approves Minor Conditional Use Application No. 04-MCU-01 to allow a religious institution in the ORD Zone District on the property as indicated in Application Nos. 04-MCU-01, 03-CU-04, 03-RE-18 and 03-SP-32; that the Applicants are Peter M. Dailey, Dailey Design Group, Inc., and Michael Butterfield, Executive Director, Gifts From God of Sarasota, Inc., as agents representing Arnold Austin and Gifts From God of Sarasota, Inc., owner and contract vendee, respectively. City Attorney Taylor stated that time limits have been discussed with the various parties; that the time limits may be considered lengthy but are being established in consideration of the three separate land use applications being heard; that the recommendation is to allow 25 minutes for the Applicant's presentation and 15 minutes for rebuttal and 15 minutes for the City's presentation and 10 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 7 minutes to speak and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Palmer stated that hearing no objections, the recommended time limits are approved; however, the hope is speakers will attempt to use less than the time allotted and not repeat views previously expressed by other speakers. City Attorney Taylor stated that the following persons have applied for and complied with the rules for obtaining Affected Person status: Richard Emmons, David Johnson, J.C. Rowry; John Omenhiser, Robert Marino, Larry Brown, Gail Harvey, Christopher Harvey, Andy Richardson, Michael Mushrush, Mushrush Investment Limited Partnership, by James Toale, Attorney, Barry Fasold, Jr., Builders Door and Supply, and John Overton. City Attorney Taylor continued that Larry Brown, Gail Harvey, Christopher Harvey, and Jim Toale, Attorney representing Michael Mushrush, have signed up to speak as Affected Persons. Mayor Palmer stated that hearing no objections, the Affected Persons are certified; opened the public hearing; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Bilyeu stated that on December 23, 2003, at 4:00 p.m., a meeting was held with Reverend Butterfield; that discussion included the, actions at the December 10, 2003, Planning Board/Local Planning Agency (PBLP) meeting; that information included in the Agenda backup material was brought forth. Vice Mayor Martin stated that a meeting was held with Reverend Butterfield and a board member of Gifts From God regarding the concept of developing a use matrix for the property. Commissioner Atkins stated that no ex parte communications have occurred. Commissioner Servian stated that electronic mail has been received. Mayor Palmer stated that electronic mail has been received by all Commissioners which was forwarded to the Office of the City Auditor and Clerk; that a booklet was received from the Seventeenth Street Neighborhood Association; that a position paper was received from Dr. Kay Glasser at the beginning of the meeting which was submitted to the Office of the City Auditor and Clerk; and requested that the Applicant come forward. Peter Dailey, Dailey Design Group, Inc., Michael Butterfield, Executive Director, Gifts From God of Sarasota, Inc., and Patrick Pillot, Patrick Pillot Architect, Inc. came before the Commission. Mr. Dailey stated that the purpose of the rezoning is to allow construction of a multi-use community services facility and a church, which is a conditional use; that the property is currently in the RMF-2 Zone District which is not consistent as an implementing Zone District for the Community Office/Institutional Future Land Use Classification; that the proposed rezoning to the ORD Zone District is similar to BOOK 55 Page 26808 01/20/04 2:30 P.M. BOOK 55 Page 26809 01/20/04 2:30 P.M. existing uses in the area; that the ORD Zone District is a less intensive use than residential uses existing further north of the property; that the application includes a major conditional use for a social services facility and a minor conditional use for a religious institution; that a site plan is proffered; that some conditions were proffered which have been modified; that the information provided to Staff on January 7, 2004, for review included a complete matrix of all proposed activities and all hours of operation; that all programs are detailed in the matrix; that the matrix replaces the programs and hours of operation originally proffered to the PBLP; that the proposed development is located in an area between US 301 and Orange Avenue having a number of community service facilities which include the following: Glasser/Schoenbaum Human Services Center; Pines Retirement Center; J.H. Floyd Center; First Step; Baptist Church; Christian Academy; Moose Lodge; Dolores G. Dry Center; Florida Department of Children and Families; Newtown Gospel Church; and the Children Eirst Heads Up Center Mr. Dailey continued that the area is in transition and very few residences remain; that the land uses to the east of the property across Gillespie Avenue are industrial in nature; that the land use to the immediate west of the property is a wetland system which will likely not be developed; that the land use to the north of the property across 18th Street is the Newtown Gospel Church; that the land to the south includes social services and government uses such as the Glasser/Schoenbaum Human Services Center and the Dolores G. Dry Center; that the proposal is consistent with the same intensity, scale, and density of surrounding uses; that Ted Smith, Chairman of the Board of Gifts From God and Craig Smith, Smith-Park, are present in the Chambers audience for questions if desired; that John Cavoli, who is not present, is the engineer of record; that many of the questions and concerns of the Commission and the entire community will be answered during the presentation; and distributed an accompanying narrative to a computer-generated slide presentation which will be presented. Reverend Butterfield referred to computer-generated slides regarding the Gifts From God of Sarasota, Inc., project, displayed on the Chamber monitors throughout the presentation; and stated that the presentation will address the organization and mission of Gifts From God, questions regarding potential duplication of existing services, the important and unique programs Gifts From God provides in the community, and the reason the 18th Street location was selected as the administrative headquarters of Gifts From God; that Gifts From God is a mon-denominational, faith-based, 501(C) (3) charity which is fully donor supported and funded; that Gifts From God programs and activities are designed to provide resources and give hope to the disadvantaged people of Sarasota County; that Gifts From God is in the business of facilitating opportunities for neighbors to help neighbors without reliance on tax dollars; that Gifts From God currently has three full time and two part time employees; that Gifts From God currently owns and operates three delivery trucks and maintains, 1,200 square feet of rented warehouse space within the Sarasota City Limits; that on average, over 100 Gifts From God volunteers provide over 6,000 volunteer community service hours annually; that Gifts From God delivers free gifts-in-kind material donations to area poor with an estimated value of over $500,000 annually. Reverend Butterfield continued that Gifts From God programs are unique and complement other services being provided in the area; that Gifts From God is the sole Sarasota County provider of several urgently needed charitable programsi that cooperation, rather than duplication of services, is a high priority and the reality of the Gifts From God operations and services; that in the past 24 months, over 30 agencies have referred needy clients for Gifts - From God's unique services and programs over 500 times; that letters of endorsement are included in the Agenda backup material from partnering service providers; that "First Call for Help," the United Way human services referral agency and clearing house has referred Gifts From God to clients over 250 times in the past 12 months; that Gifts From God receives over 100 telephone inquiries for assistance each week; that referrals and multi-agency assistance networking takes place in over 90 percent of all cases; that in a September 2003 review of 750 Gifts From God assistance case files, the client referrals originated from the following sources: BOOK 55 Page 26810 01/20/04 2:30 P.M. BOOK 55 Page 26811 01/20/04 2:30 P.M. Source Number of Referrals Word of mouth 143 Area churches 88 Blue book 86 First Call for Help 63 Salvation Army 53 Gifts From God volunteers 43 Resurrection House 37 S.P.A.R.C.C. 32 Catholic Charities 28 Mothers Helping Mothers 24 Sarasota County Social Services 22 Goodwill Industries 17 Department of Vocational Rehabilitation 17 Department of Children and Family Services 16 Senior Friendship Centers 14 All Faiths Food Bank 12 Reverend Buttertield further stated that Gifts From God will provide office and meeting space for Staff, the Board of Directors, and volunteers; that Gifts From God is not proposing or offering a walk-in or day resource facility for the homeless or anyone else; that Two Ministers in a Truck, a free furniture program serving all of Sarasota County, will be administered from the facility; that no furniture will be stored on site; that the program is necessary to enable scores of Sarasota County families with a roof over their heads but who are eating, sleeping, and living on bare floors to have furniture; that Gifts From God is the only organization in Sarasota County providing free furniture as a weekly ongoing program; that in 2003, more than 400 pickups resulted in approximately 150 homes being partially or fully furnished; that since 1996, Gifts From God has fully or partially furnished over 600 housing units, providing families with donated furniture free of charge; that the facility will provide administrative and meeting space for Gifts From God's unique Caring Christians Club program, providing emergency financial assistance to families in crisis; that in the past 24 months, the program has provided more than $47,800 in emergency financial gifts without Government support; that reestablishing families in new housing statistically costs six times more than the investment required to stop an original eviction; that through the program, over 100 pending evictions have been stopped in the last 36 months; that the facility will serve as a meeting location for small group meetings; that the facility will be used for mentoring and support groups, life skills workshops, church meetings, worship services, bible studies and congregational fellowship; that in partnership with All Faiths Food Bank, Gifts From God will be offering a free food pantry open to the public two hours on Saturdays to serve the working poor and other qualified needy in the neighborhood. Reverend Butterfield continued that free vehicles will be provided to single mothers and other qualified needy individuals; that Gifts From God offers a unique free vehicle program which will be administered from the facility; that no repairs or storage of the donated vehicles will take place at the facility; that the donor supported program will assist people in traveling to work; that Gifts From God is the only organization in Sarasota providing such a service; that Gifts From God has delivered 65 running vehicles as gifts over the past 60 months. Reverend Butterfield stated further that Gifts From God will offer an evangelistic outreach service on Sundays only between the hours of 11:30 a.m. and 1:30 p.m., in a secure and fenced pavilion area in which preaching, worship music, and a free meal to all choosing to come will be provided; that Gifts From God is driven by compassion and religious conviction to feed hungry people physically and spiritually; that Christian love will be modeled to all choosing to attend without discrimination based on race, sex, religion, or social status; that people having much will provide gifts for those having little; that some frequently asked questions with responses are as follows: Question 1: If Gifts From God moves the Sunday public meal from Gillespie Park to the proposed location, where will homeless showing up go at the end of the day? Answer: The single large group community outreach meal will be moved to early mid-day, Sunday only, leaving several daylight hours in which loitering would likely be unattractive. BOOK 55 Page 26812 01/20/04 2:30 P.M. BOOK 55 Page 26813 01/20/04 2:30 P.M. Gifts From God owns and operates a 15 passenger van which will be available to offer free transportation to local shelters for any individual not having a place to stay. No Sunday night public activity will be offered during the proffered hours of operations and uses which might cause people to remain in the area and wait. No public program or walk-in service will be offered on the following Monday which may cause homeless or troubled individuals to loiter and wait for the morning. With proffered restrictions of hours and operations, proactive strategies and strict policies prohibiting alcohol consumption, public drunkenness, loitering or illegal activities regarding the perceived problem of adverse homeless impact beyond which already exists in the neighborhood will be effectively mitigated. Question 2: Will the facility be a homeless day care similar to the Resurrection House? Answer: No. Question 3: Is the facility a shelter similar to the Salvation Army? Answer: No. Question 4: Will the facility be a soup kitchen for the homeless similar to the Salvation Army or Saint Vincents? Answer: No Question 5: Why does Sarasota need another facility to cater to homeless due to the existence of the Salvation Army and the Resurrection House? Answer: Another facility to cater to the homeless is not being proposed; that less than 10 percent of the Gifts From God outreach may serve some homeless and 90 percent of the Gifts From God assist the working poor and potentially homeless. Reverend Butterfield stated that the proposed rezone and use is consistent with the Sarasota 2010 Future Land Use Plan; that the 18th Street location is affordable, available and accessible to the Gifts From God constituency; that recent reviews of Gifts From God's records verify near 70 percent of clients live in the three zip code areas adjacent to the site; that 18th Street is the ideal location for Gifts From God to consolidate operations and expand its proud history of serving Sarasota County; that Gifts From God ministries and those served thank the Commission for the support of the community project. Mr. Pillot referred to a site plan of the proposed project displayed on the Chamber monitors; and stated that the proposal is for a 6,500 square foot program center and pavilion area; that the single story building is small and is placed to the north set among the trees; that the administration and meeting areas are enclosed within the building; that an open pavilion type of structure is in the central area of the property; that the pavilion is covered and two sides are open; that the side to the south will also serve as a security buffer and provide noise abatement for acoustic issues and will include restroom facilities. Mr. Dailey stated that access to the property is proposed off Gillespie Avenue and 18th Street; that no access will be provided from 17th Street; that the wetland adjacent to the site to the west is partially on the property; that proper buffers have been provided to maintain the wetland; that a Southwest Florida Water Management District (SWFWMD) permit has been received for the property; that the PBLP denied the application for three reasonsi that the PBLP found the application inconsistent with the City's Comprehensive Plan, the Tree Protection Ordinance, and the application did not meeting applicable standards in the Zoning Code (2002 Ed.) for rezone or site plan approval. Mr. Dailey referred to the Summary of Comprehensive Plan Consistency Analysis included in the Agenda backup material; and continued that Staff deemed on balance, the proposal is consistent with the City's Comprehensive Plan and applicable sections of the Zoning Code (2002 Ed.); that the existing zoning creates a zoning enclave which is inconsistent with the Euture Land Use Classification; that the property is designated in a Future Land Use Classification for which the ORD Zone District is an implementing Zone District; that the conditional uses for religious institution and community services are compatible and consistent with the surrounding and existing land use patterns BOOK 55 Page 26814 01/20/04 2:30 P.M. BOOK 55 Page 26815 01/20/04 2:30 P.M. both in intensity, density, and scale of development; that the proposed project is smaller than surrounding uses; that one banyan tree is being removed due to poor condition; that a palm tree is wrapped around the banyan tree; that the palm tree will be saved and moved elsewhere on the site; that palm trees existing in the actual building footprint are also being relocated onto buffers surrounding the property; that the proposal includes the installation of seven canopy trees with 30 under-story trees and a continuous hedge or buffer along three sides of the property in exchange for removal of the banyan tree, which is considered fair; that Staff has visited the site and determined the banyan tree is not worth saving; that Staff recommends approval of the project. Mr. Dailey referred to a matrix of all Gifts From God proposed activities displayed on the Chamber monitors and included in the Agenda backup material; and further stated that the matrix indicates the proffered daily hours of operation and activities; that nine activities are proposed; that Activities 8 and 9 which were discussed with City Attorney's Office Staff will be changed; that Activity 8 makes the facility available for rental to private groups for conferences and special functions by contract reservation between the hours of 7:00 a.m. to 9:00 p.m.; that clarifying language will be included to indicate groups of 25 or less such as the boy scouts, girl scouts, and social service club, can reserve use of the facility during the evening; that Activity 9 is being removed since the City cannot grant permits for special events on private property. Vice Mayor Martin stated that the matrix indicates Activity 8 is between the hours of 7:00 a.m. to 9:00 p.m.i and asked if the time is being changed to evening hours only? Mr. Dailey stated that reservations can be made between 7:00 a.m. to 9:00 p.m. to control the activities during the evening hours; that a proffer was made to provide a van service at 1:30 p.m. after the Sunday activity; that the proffer is being withdrawn due to enforceability issues; however, the van service will be available each evening. Commissioner Bilyeu asked for clarification regarding the proposed hours of Activity 3 regarding small group meetings and Bible studies from 7:00 to 9:00 a.m. Reverend Butterfield stated that Bible studies are proposed from 7:00 to 9:00 a.m. inside the building for men's Bible studies before work on Tuesday and Friday; that small group morning, before work, Bible study meetings have been conducted for years. Commissioner Servian stated that Activity 5 specifically indicates midweek indoor worship service; and asked if Activities 6 and 7 are outdoor worship services? Reverend Butterfield stated that Activity 7 is the one day outdoor service with the public meal. Commissioner Servian stated that the service and meal would be conducted outside; and asked for clarification regarding Activity 6. Reverend Buttérfield stated that Activity 6 will likely be held indoors; that no public meal will be provided; that Activity 6 will be a regular church meeting in the morning; that outdoor activities will be held within the fenced area and under the pavilion; that any outdoor service held in the morning prior to the 11:30 a.m. meal would possibly be for overflow or if the weather is good. Commissioner Servian asked the number of people the chapel could accommodate for a worship service? Reverend Butterfield stated that the chapel will accommodate approximately 100 people indoors. Mr. Pillot stated that the number of people the chapel will accommodate will depend upon the type of seating within the room; that 100 people is considered a reasonable number but could vary depending upon the use of folding chairs or bench seating. Commissioner Servian asked the number of parking spaces on the site? Reverend Butterfield.stated that 52 parking spaces are on site. Commissioner Servian asked if 52 parking spaces are considered adequate for a chapel which may have 100 people or more for services held outdoors? BOOK 55 Page 26816 01/20/04 2:30 P.M. BOOK 55 Page 26817 01/20/04 2:30 P.M. Mr. Bailey stated that the pavilion was reduced in size to accommodate the required parking; that the number of parking spaces is strictly regulated in the Zoning Code (2002 Ed.); that 52 parking spaces is perfectly adequate. Commissioner Servian stated that trash containment and the amount of trash have been indicated as problems; that the site plan indicates one small area off 18th Street for loading; and asked the manner in which waste management vehicles will access the property? Mr. Pillot stated that a roll out of trash containers is being proposed; that the actual containers will be located in a storage area within the facility on the south side of the structurei that the trash containers will be rolled out to 18th Street. Vice Mayor Martin asked the number of meals which will be served? Reverend Butterfield stated that the only scheduled meal is on Sunday between 11:30 a.m. and 1:30 p.m.i that no other meals are scheduled during the week. Vice Mayor Martin asked if food will be stored on site? Reverend Butterfield stated that food will be stored and managed on site; that adequate storage has been designed; that a kitchen is included; that work for the Sunday meal will be conducted with All Faiths Food Bank. Vice Mayor Martin asked for clarification regarding Activity 4 concerning the free food pantry. Reverend Butterfield stated that the free food pantry consists of US Department of Agriculture (USDA) food commodities; that the food bank provides the food commodities to facilities having the capability to provide free food; that food is delivered in family packs; that Gifts From God recently partnered for the first food bank Saturday pantry in Venice, Florida; that the food pantry has been opened for four weeks; that All Faiths Food Bank delivers packages of one week supplies of food for 48 families; that the food is free. Vice Mayor Martin asked for clarification regarding the hours of Activity 8? Reverend Butterfield stated that the City Attorney's Office will revise the language to clarify the intent which is to allow rental by private groups for conferences and special functions between the hours of 7:00 a.m. and 9:00 p.m. to assist Gifts From God in supporting the building; that two or three pastors in the area have expressed interested in renting the facility- Vice Mayor Martin stated that meals could potentially be served by individuals renting the facility. Reverend Butterfield stated that is correct. Karin Murphy, Redevelopment Specialist, Planning and Redevelopment Department, and Sarah Schenk, Attorney, City Attorney's Office, came before the Commission. Ms. Murphy stated that Gifts From God is a not-for-profit organization providing assistance to the poor and homeless population in the Sarasota area; that Gifts From God presently provides a service each Sunday within City-owned Gillespie Park; that Gifts From God's long term goal has been to move the use to a permanent site with the required facilities such as the food preparation area and the office space; that Gifts From God has conducted numerous discussions both with the Commission and Staff to locate a permanent site; that proposed Ordinance No. 03-4491 is a request to rezone property located at the northwest corner of 17th Street and Gillespie Avenue consisting of lots 17 through 26, Block G, City Park Subdivision from the RMF-2 Zone District to the ORD Zone District; that Site Plan Application No. 03-SP-32 has been proffered as a condition of approval of the rezoning; that proposed Resolution No. 03R-1633 is a request to approve Major Conditional Use Application No. 03-CU-04 to allow a community service facility with accessory uses; that proposed Resolution No. 04R-1693 is to approve Minor Conditional Use Application No. 04-MCU-01 to allow the operation of a religious institution in the ORD Zone District. Ms. Murphy continued that numerous concerns were raised at both the neighborhood meeting and the PBLP public hearing regarding the potential adverse impacts to the surrounding properties; that the proposed project began with a large desired list of uses, which BOOK 55 Page 26818 01/20/04 2:30 P.M. BOOK 55 Page 26819 01/20/04 2:30 P.M. over time and the result of numerous meetings was reduced through proffers and elimination of some of the uses; that despite the fact the Applicant had proffered numerous conditions relevant to proposed uses, the PBLP found at its November 12, 2003, public hearing the rezone and site plan applications inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, the Tree Protection Ordinance, the Zoning Code (2002 Ed.) standards for review, and voted 5 to 0 to recommend denial of the rezoning; that some findings included the reasoning sites already exist within the City with the necessary zoning; that therefore, based upon the residentially zoned land to the north, the request was found inconsistent with the City's Comprehensive Plan; that another provision in the City's Comprehensive Plan allows reasons for rezoning to occur over time rather than requiring an immediate rezoning which also was a finding on which the decision was based; that another concern was the potential for an increase in large group activities expanding beyond the once a week feeding which is currently allowed in Gillespie Park; that the entorceability of the conditions was also an issue. Ms. Murphy further stated that Staff initially recommended approval of the request; that after the testimony and the PBLP public hearing process, the Applicant was provided time to respond to issues and concerns presented; that Staff changed the original recommendation for approval to denial due to the lack of the Applicant's response; that Staff just recently reviewed in detail the supplemental materials which are included in the Agenda backup material; that the supplemental materials include the hours of operation and activities matrix and additional proffers; that Staff consulted the City Attorney's Office and the Director of Building, Zoning, and Code Enforcement and also provided the Sarasota Police Department with the supplemental material; that a number of meetings have been held; that included in the supplemental material is the proffer to limit the large group activity to once per week which was Planning Staff's major concerni; that after meetings and review of the revocability clause within the Zoning Code (2002 Ed.), Staff has reached a level of comfort in again recommending approval; however, specific issues regarding the revocation of conditional uses should be reviewed. Ms. Murphy stated further that grounds for revocation for the conditional uses may include but are not limited to a change in intensity and character beyond the original intent which affects the public health, safety, and welfare or any violations of the Zoning Code (2002 Ed.) including any conditions attached to the conditional use by the owner or operator of the use; that Staff is comfortable, if the proposed uses are approved, the revocability of the conditional uses could be monitored for any adverse impacts to the surrounding neighborhood, which would include parking for the worship service as presented; that most of the Gifts From God clientele will travel by foot or shared rides or public transportation; that any parking spilling off the site or in the right-of-way will be considered grounds for revocability; that the City Manager is responsible for revoking the conditional use; that a large level of service response from either the Building, Zoning and Code Enforcement Department or the SPD regarding the impacts relevant to the conditional use will likely be necessary; that representatives from the SPD and the Director of the Building, Zoning and Code Enforcement Department are present in the Chambers audience to answer questions if desired. Ms. Murphy stated that striking a balance for allowable uses is complex; that the Commission is urged to include a prohibition or impose some limitations on outdoor speakers in the pavilion area; that outdoor speakers would have an adverse impact to the surrounding neighborhood. Attorney Schenk referred to the Gifts From God matrix of all proposed activities included in the Agenda backup material; and stated that the matrix was submitted subsequent to the PBLP meeting; that Activity 8 would essentially allow commercial rentals as written; that Staff suggested the condition in Activity 8 be revised to indicate the following: Outside small group activities, 25 people or less, may be operated between the hours of 7:00 a.m. and 9:00 p.m. and examples of such outside small group activities are the Boy Scouts, Girl Scouts, service clubs, or other similar service organizations. Attorney Schenk continued that Activity 9 regarding a separate permit issued by the City Manager will be deleted in its entiretyi; that the matrix will replace the following language included in Section 6( (b) of the proposed Ordinance: The hours of operation for the uses depicted on Site Plan Application No. 03-SP-32 shall be as follows: BOOK 55 Page 26820 01/20/04 2:30 P.M. BOOK 55 Page 26821 01/20/04 2:30 P.M. Pavilion (large group - 26 people or more) outdoor-based programs, inclusive of the worship service and picnic held on Sundays, shall operate only - . (Indoor smaller group activities of 25 people or less occurring during these hours are not restricted to Attorney Schenk further stated that Section 6(c) of the proposed Ordinance as follows will be deleted since the Applicant has volunteered to provide van transportation to the Salvation Army: Applicant shall offer free van transportation to the shelter operated by the Salvation Army located at Tenth Street Attorney Schenk stated further that the regulation prohibiting the use of outside speakers for the pavilion is an addition to the proposed Ordinance; that all the conditions are not included in any of the documents presently before the Commission; that the suggestion is for a motion to pass proposed Ordinance No. 03-4491 on first reading subject to inclusion of all the conditions prior to second reading and to postpone acting on the two resolutions until second reading of the proposed Ordinance. Thomas Duncan, Captain, Paul Sutton, Lieutenant, Sarasota Police Department (SPD), and Timothy Litchet, Director of Building, Zoning and Code Entorcement, came before the Commission. Captain Duncan referred to an SPD activity comparison for police calls for service near homeless service centers displayed on the Chamber monitors, also included in the Agenda backup material; and stated that activities surrounding the Salvation Army will be used as an example of the activities generated around a homeless service center; that Major Bert Tanner, who represents the Salvation Army, Sarasota Corps, does an outstanding job of managing the Salvation Army property; however, limitations exist regarding problems which are not actually inside the facility; that problems occur on nearby sidewalks, across the street, or after the facility is closed and people are no longer under direct supervision; that a highly aisproportionate number of calls for service are generated; that for the time period November 1, 2002 through November 30, 2003, 328 calls for service were received for the Salvation Army located in the 1400 block of Fourth Street; that 76 concerned trespassing, 63 concerned disorderly conduct, and 41 were alcohol related. Captain Duncan continued that for the Salvation Army located in the 1900 block of Main Street, 177 calls for service were received; that 8 concerned trespassing, 18 concerned disorderly conduct, and 19 were alcohol related; that the SPD is also a service provider; that homeless people are not arrested but are involuntarily admitted to facilities under the Baker Act and counseling or mental health assistance is provided; that homeless people are taken to the hospital if extreme levels of intoxication are involved; that homeless people are taken to the Salvation Army and the Resurrection House; that 25 to 30 businesses or institutions exist in the 1900 block of Main Street as opposed to the 1400 block of Fourth Street; that anytime a homeless service center is opened regardless of the dedication to operating the facility, problems with people who cannot be controlled will likely occur at the perimeter of the facility and at times the facility is closed; that many calls for service relate to alcohol, camping, and quality of life issues; that the problem is chronic and does not disappear, becoming a continual maintenance problem for the SPD. Lleutenant Sutton stated that calls for police services are received from the community more than half the time Gifts From God provides the Sunday services in Gillespie Park; that the SPD responded to calls for service related to the Gifts From God program in Gillespie Park 28 weeks of the 48 weeks reviewed; that for approximately 10 weeks, a police officer was reassigned from the Downtown to Gillespie Park for several hours prior to and after the feeding program; that the calls for service would likely have been higher if the police officer had not been reassigned to Gillespie Park; that people will likely walk through the neighborhood to the 1.4 acre Gifts From God site to attend the Sunday program which is estimated by Gifts From God as a crowd of approximately 200 people; that Gifts Erom God indicates 50,000 meals have been served over a five year period which averages 200 meals each Sunday; that the Sunday feeding program will have an impact on the community and the calls for police service; that foot traffic will be traveling in and out of the area and will not be confined to the 1.4 acre site. Mr. Litchet stated that the Commission is requested to keep staffing concerns in mind while approving a conditional use which has numerous proffers, especially specific hours of operation; that enforcement will fall within the domain of the Building, Zoning, and Code Enforcement Department; that the hours of operation are specific; that a good program operator will ensure the hours of operation are not abused and the BOOK 55 Page 26822 01/20/04 2:30 P.M. BOOK 55 Page 26823 01/20/04 2:30 P.M. Building, Zoning, and Code Enforcement Department will not be subjected to additional work; that the situation could be difficult to enforce if complaints are received; that Building, Zoning, and Code Enforcement Department Staff will then be required to monitor the situation; that approving rezonings with multiple conditions places additional stress on Staff and staffing levels; that Staff prefers the language drafted by City Attorney's Office Staff regarding Activity 8; that Staff did not review Activity 8 from the aspect of a large group function; that as presently proffered, Activity 8 indicates no limit to the type and size of group; that the incidental use of 25 people or less for even outside small group activities is basically enforceable; that imposing no limits is a major concern. Commissioner Bilyeu stated that the proposed site is quite a distance from Gillespie Park; and asked if the possibility exists the people normally attending the Sunday feeding program in Gillespie Park may not walk to the proposed location to attend the feeding program? Captain Duncan stated that people will likely walk the distance to the new location and will not leave after the service, which then becomes a quality of life issue in the neighborhood; that calls are actually received from some homeless service centers concerning people loitering prior to and after the Sunday feeding program; that the intent is not for being cynical; however, a question is where are the people going to go before and after the feeding program. Commissioner Bilyeu stated that the point regarding loitering problems is understood; that a loitering situation exists at the Salvation Army; that additional information was requested from the SPD regarding additional calls for service to Gillespie Park; that calls for service on Sunday were identified by his Secretary; that a request is for SPD Staff to review the calls for service information received from the SPD and respond during rebuttal since only one sixth of the calls to Gillespie Park during 2001 and 2002 were on Sunday; and distributed the calls for service information to SPD Staff and the Commission. Mayor Palmer requested that the Affected Persons come forward: Larry Brown, 1910 18th Street (34234), stated that the opportunity to speak is appreciated; that he owns property directly adjacent to the proposed site; that he is a member of the Seventeenth Street Neighborhood Association; that as an Affected Person, he has many issues and concerns; that security, personal safety, property values, and general nuisance issues are concernsi that the concerns and issues pale in comparison to the concerns for the neighborhood and the community; that the Seventeenth Street neighborhood is a large, harmonious family of live-in facilities and professional helping-hand programs along with churches and children's programs which honor each other's presence with peace and cooperation; that allowing the Gifts From God operation to locate on the proposed site is unimaginable, particularly considering the reputation of the program; that the issue is not only the feeding of the homeless in the neighborhood; that the issue concerns good neighbors; that the only people considered able to operate a similar operation in the Seventeenth Street neighborhood would be required to have expertise in coexisting and compromising, with a strong sense of empathy for those with whom the block, the neighborhood, and the community is shared; that outside Gifts From God's mission population, little sense of empathy for the neighborhood is seen, which is apparent by the performance of Gifts Erom God in Gillespie Park over the past five years; that empathy for the homeless is felt; however, for a City which spends hundreds of thousands of dollars on careful planning and anticipation, recognition should be given to the inherent and obvious dangers to health, safety, and welfare in the Seventeenth Street neighborhood; that children, people in golden years, and the physically challenged should not be forced to become recluse to fulfill the needs of those chosen as a mission object by Gifts From God. Mr. Brown referred to photographs of the Seventeenth Street neighborhood displayed on the Chamber monitors; and continued that the Florida Department of Children and Families is directly across from the 17th Street border of the proposed site; that mothers with small children park vehicles and enter and exit the facility throughout the day, Monday through Friday; that residents of J.H. Floyd's Sunshine Village enjoy an open neighborhood atmosphere; that residents come and go as desired and exercise by walking around the block beginning at 18th Street, which will likely change since the J.H. Floyd's Sunshine Village is down the street from the proposed Gifts From God site; that an elementary school bus picks up children each school day on 18th Street; that the school bus stop is directly on the proposed Gifts From God property's north border; that the Pines of Sarasota Adult Day Center is at the end of the block on 17th Street and Orange Avenue; that the playground of the Bethlehem Baptist Church preschool on 17th Street is a short distance from BOOK 55 Page 26824 01/20/04 2:30 P.M. BOOK 55 Page 26825 01/20/04 2:30 P.M. Gillespie Avenue; that Orange Avenue Park is on the corner of 18th Street and Orange Avenue which is down the block from the proposed Gifts From God site; that no security exists at the park; that the Newtown Gospel Church is on 18th Street and Gillespie Avenue which is directly across from the proposed site for the Gifts From God activities; that no security exists during church picnics held in the backyard of the church. Mr. Brown referred to a photograph of Gillespie Park on Sunday afternoon displayed on the Chamber monitors; and further stated that the photograph indicates the park is taken over by sometimes more than 100 homeless people attending the Gifts From God feeding service; that the homeless people remain in the park throughout the day and many remain into the evening; that residents have attempted to have Reverend Butterfield take certain responsibility for the problem, to no avail. Christopher Harvey, 1965, 17th Street (34234), stated that he is a business and property on 17th Street; that he is also representing the Seventeen Street Neighborhood Association; that the proposed Gifts From God project will have a severe adverse impact on the health, safety, and welfare of the people in the neighborhood by attracting in inordinate number of vagrants to the Gifts From God property; that no sanitary or overnight accommodations will be provided before or after Gifts From God's operating hours; that more than 50 not-for-profit agencies exist in Sarasota ready to address the homeless people problem; that the Salvation Army has extended an open invitation to any church, civic, or social group to share existing or planned sites to serve the homeless; that the proposed project will have a severe adverse affect on the livability and usability of the surrounding neighborhood; that the web site for Gifts From God indicates the mission is to attract the homeless, addicted, and mentally ill; that the reputation of Gifts From God is apparent from the complaints received regarding the activities held in Gillespie Park; that Gifts From God has displayed a total disregard for the residents living in the area surrounding Gillespie Park, which has been documented by information provided by SPD Staff; that a police officer is now assigned to oversee the Gifts From God gatherings in Gillespie Park; that the proposed Gifts From God site is located in a susceptible area of the City; that two churches, a children's day care facility, two nursing homes, family residences, assisted living facilities, a preschool, various State and local human services centers, a park playground, and elementary school bus stops exist in the block of the proposed site. Mr. Harvey continued that Reverend Butterfield has indicated the hours of operation will be limited and the property will be secured; however, nothing can be done to safeguard the neighborhood itself; that Gifts From God is attempting to minimize the impact to the. neighborhood by claiming serving the vagrant population only amounts to 10 percent of services provided; that Gifts From God has served 50,000 meals in Gillespie Park which is 200 meals each week; that the numbers will not decrease after Gifts From God moves to the proposed site; that Gifts From God indicated the kitchen in the facility is a small area; that at 960 square feet, the kitchen is as large as his entire home; that most of the proposed site will be a large, outdoor area in which gatherings of hundreds of people will occuri that the City's web site includes a list of the City's goals; that one goal is for the City to remain a safe place for people; that the homeless can be intimidating, which has been personally experienced over the past 25 years; that dangerous situations are possible; that the situation could become intolerable if the numbers of homeless people drastically increase. Mr. Harvey further stated that another City goal indicated on the web site is for being an attractive, clean, and aesthetically pleasing City; that SPD Staff has indicated the homeless facilities are high maintenance for law enforcement and result in significant numbers of calls for service; that illegal camping and panhandling will take place any time a homeless facility is located near residential neighborhoods; that trash and human waste created by homeless people is not aesthetically pleasing; that the City may have plans to extend 17th Street to US 41, which is a large investment; that 17th Street could become a four lane street which will become a major thoroughfare; that the reason for advocating a soup kitchen in the middle of a major thoroughfare is not understood; that the City also indicates a goal to achieve economic vitality through healthy business and quality job opportunities; that the services provided by Gifts From God will not contribution to a healthy business environment; that the results of allowing homeless service organizations in a business district can be seen by visiting any large City; that neighborhoods become ruined. Mr. Harvey stated further that Reverend Butterfield indicated before the PBLP "Evangelism is our game. We use food for bait BOOK 55 Page 26826 01/20/04 2:30 P.M. BOOK 55 Page 26827 01/20/04 2:30 P.M. for evangelism" that having a feeding service as bait for evangelism is not considered a game by anyone with a business or residence in the area; that a real and genuine investment in time and money has been spent in the neighborhood; that the idea is not only bad for business but is bad for the City's character as a whole; that the City also has a goal to have viable neighborhoods working together as a community; that Gifts From God is a prime example of a nonviable situation in which the entire neighborhood is against a proposed change; that the fear is Gifts From God will perform any activity desired at any time desired upon moving to the proposed site; that contending with Gifts From God regardless of agreed upon conditions will be extremely difficult for the Cityi that a proposal is probably not a good idea in the first place if substantial conditions and stipulations are necessaryi that the project will be directly adjacent to a multiple family residential neighborhood; that the neighborhood has expressed overwhelming opposition toward the project, which is considered sufficient reason to make a decision; that the Commission is urged to listen to the taxpaying, voting citizens prior to making a decision. Gail Harvey, 1965 17th Street, distributed a petition of over 150 names of people owning property or frequenting the block surrounding the Gifts From God site who are against the proposed project; and stated that she was born in Sarasota, has a local family history, is a member of the Seventeenth Street Neighborhood Association, and has been active in many civic programs in the community throughout the years; that Sarasota is loved; that the desire is to live in Sarasota; that she has lived and worked on 17th Street for the past 25 yearsi that her property and business is to the east of the proposed Gifts From God site; that she has had the opportunity to watch neighborhood children grow into fine young women and men of the community; that the Newtown Gospel Chapel, the Orange Avenue Park encompassing over four acres with playground equipment and basketball court, a large multi-family apartment complex, the Bertha Mitchell Public Housing Complex, and the Boys and Girls Club are to the north of the proposed site; that the Bethlehem Baptist Church with the New Horizon School and the Children First School are to the west of the proposed site; that the Department of Children and Families, the Glasser/Schoenbaum Center, the Pines of Sarasota preschool day care, the Orange Avenue trailer park, and the new Children's Garden on Tenth Way are to the south of the proposed site. Ms. Harvey continued that the Seventeenth Street neighborhood has a large population of children; that the children, many of whom reside in single parent homes, have the one parent working full time attempting to support the family; that many children can be seen in the neighborhood on a school holiday; that true reservations are felt with regard to allowing a zoning change to the proposed site due to the number of the children living in the neighborhood; that the reservations felt are not based on unfounded paranoia; that for the past seven years, she has volunteered at the Community Gardens located on Sixth Street and Central Avenue in the Rosemary District; that the Salvation Army is to the north, the Throne of Grace is to the west, the Vincent DePaul is to the south, and the Resurrection House is a couple of blocks to the east; that all the programs assist the less fortunate; that the Community Gardens has a security fence with a gate which is locked after entering and exiting; that many transients are in the area at all hours; that several transients have drug and/or alcohol addictions; that the transients consider feeding the addiction at all costs is most important; that the Community Gardens property lines have been altered and fencing has been expanded to close off an alleyway which had become an illegal campground for many homeless people; that children from the McCown Way Public Housing Complex have been witnessed on many occasions having to play beside people dealing drugs; that the drug activity becomes heightened upon the increase of people at the assorted assistance facilities. Ms. Harvey further stated that the number of homeless people increases during the winter months and are considered the "other winter visitors"; that the computers at the Selby Public Library are not available to children due to being occupied by homeless people; that a growing mind is a terrible thing to waste on all accounts; that Sarasota owes the young people a safe and secure place to learn and grow; that expanding programs such as Gifts From God into the neighborhood with sO many vulnerable children is simply not an option; that she grew up in the Girl Scout program and was a non-parent Girl Scout leader for several years in the community; that young women would never be placed in the populous of the proposed Gifts From God program; that the Commission is urged and requested to deny the rezone. James Toale, Esquire, Mushrush Investment Limited Partnership, 2028 Alameda Avenue (34234), stated that the applications for the conditional uses are not supported; that rezoning to the ORD Zone District is acceptable since an office building on the property would be a good neighbor; that of the two conditional uses requested, the major conditional use is the most BOOK 55 Page 26828 01/20/04 2:30 P.M. BOOK 55 Page 26829 01/20/04 2:30 P.M. objectionable; that a request is to deny the proposed Ordinance; that appropriate Zone Districts already exist within the City; that applying the Standards For Review for granting the conditional uses indicates the Application will not have significant adverse impacts on the livability or usability of nearby land due to noise, activities, potential for increased litter, privacy and safety issues; that the Gifts From God proposal has significant adverse impact to J.H. Floyd's Sunshine Village, the multifamily use immediately to the north of the site on 18th Street; that significant proffers have been submitted by the Applicant; that the proposed Gifts From God project is considered an attempt to fit a square peg into a round hole; that additional Staff resources will be necessary to ensure adherence of the precise conditional uses if the proffers do provide adequate protection. Dr. Kay Glasser, 700 Ringling Avenue, (34236), stated that detailed letters were written to the Commission in 2003 outlining the reason for the opposition toward the Gifts From God project; that the intent this evening is for being brief and providing basic reasons for not supporting the proposed rezone; that she has worked for 30 years advocating for the welfare of the disadvantaged and the entire community; that the resources available in the community are known; that the City has many resources for the people having a desire to help themselves; that help is available for people to become productive citizens if the willingness to participate exists; that she is speaking as a professional with credentials and knowledge of the principles of sound social welfare policy and practice; that a cost effective, efficient human service delivery system which avoids tragmentation, requires collaboration and use of existing resources is necessary; that additional services should be built into existing agencies rather than establishing new agencies with added administrative costs; that existing agencies do not have sufficient funds to serve an ever growing population of troubled people; that the dollars must be maximized; that the third reason is the record of unfortunate results because of the activities of Gifts From God; that the results have been validated by testimony of Staff from the SPD at the December 10, 2003, PBLP meeting; that since 1998 when Gifts From God came to the City, the number of homeless has increased tremendously; that Gifts From God will not solve the homeless problem nor will Gifts From God provide a place for the homeless to sleep; that some people are not eligible to stay at the Salvation Army if refusing to participate in necessary life improvement programsi that Gifts From God will not solve the homeless problem and will increase the number of homeless coming to the Cityi that the Gifts From God web site invites the homeless people to the community by describing the City as having attractive services; that the decision reached by the Commission affects the future welfare of the entire community. Darren Greenwalt, 1777 18th Street (34234), stated that a significant number of disabled people reside at the J.H. Floyd Sunshine Village in the neighborhood; that people take walks in the neighborhood; that having Gifts From God in the neighborhood would be hazardous since people using drugs and alcohol will be attracted; that lighting in the area is poor; that a person could get mugged by a homeless people; that risks to people living in the neighborhood will be elevated due to the type of people attracted to the services provided by Gifts From God; that the homeless people will be roaming through the neighborhoods prior to the commencement of the programs and will likely linger afterwards. David Brown, 1945 19th Street (34234), stated that he has owned two businesses for five years; that the first few years were similar to a nightmare; that homeless people were camped out in the back parking lots of his property; that homeless people were defecating, sleeping in vehicles, and dealing drugs in the parking lot; that three nearby businesses became involved in removing the homeless people from the parking lots, which took three years of numerous telephone calls to emergency number 911; that the people sleeping in the bushes and in vehicles in the parking lot indicated meals were provided at Gillespie Park; that the reason for sleeping and loitering in the parking lot was the Gillespie Park neighborhood did not desire the presence of homeless people in Gillespie Park; that hiring employees was difficult due to fears of homeless people obtaining entry to vehicles and soliciting for moneyi that removing the homeless people from the parking lot took three years; that having the homeless back in the neighborhood is not a desire. Jessie Johnson, 919 Goodrich Avenue (34236), stated that the discussion concerns land rather than people; that the property would not have a different use if located in a more expensive part of town; that the discussion concerning the homeless has been ongoing; that he lives in the poorest area in the City, in which no peace exists; that people came and stole; however, the situation improved through prayer, fasting, and seeking God; that homeless people are not a problem; that police officers could provide support to homeless people; that any support to BOOK 55 Page 26830 01/20/04 2:30 P.M. BOOK 55 Page 26831 01/20/04 2:30 P.M. the homeless provided by the Commission is appreciated; that the services held on the Gifts From God property will be similar to the activity at Fredd Atkins Park; that the SPD can control the Gifts From God property since the activity at Fredd Atkins Park is controlled; that man cannot control man which is the reason for civilized laws; that developing the property is appreciated; that no one has been sufficiently neighborly to visit the property since 1963; that tears were shed upon witnessing interest in constructing a building on the property; that the Commission and Staff cannot realize the reality of the situation from behind a desk; that the homeless travel to the cemetery after leaving the Salvation Army but have no peace since police officers request the homeless to move on; that every Sunday evening 30 homeless people are seen from his home walking from the Salvation Army; that the homeless people go in the bushes; that the homeless people are not a problem; that the Commission has always made the correct decision, which has been witnessed for the past 15 years; that the decision to help more poor people is up to the Commission; that the poor people need the Commission's assistance; that no one is helping the poor people. Father Jim Nilon, Throne of Grace Drug and Alcohol Ministry, 881 Florida Avenue (34236), stated that he has known Reverend Butterfield for approximately seven years; that Reverend Butterfield has referred people to the services provided by the Throne of Grace; that the discussion has been mainly concerning the Gifts From God Sunday gathering; that the 90 percent of the other good services performed by the people comprising the Gifts From God organization has not been a part of the discussion; that the zoning change is sO a specific use can take place on the property; that the zoning change will allow a greater good to take place on the property; that life experiences take place which change original intentions; that more is necessary for people to achieve complete fulfillment; that transterring personal cellular telephone numbers if changing providers is a problem but is changing; that airport screening has changed due to life circumstances; that Gifts From God is a good organization and provides services unlike any other agency, which should be considered; that people would be knocking on neighborhood doors requesting help for drug and alcohol addiction if services such as those provided by Gifts From God did not exist; that the purpose of Throne of Grace is to stop people from living on the street; that Throne of Grace encourages people to seek out rehabilitation services to begin new lives; that the Commission should favorably consider the rezoning. Ray Bontrager, Sarasota Moose Lodge, 1804 Cypress Point Lane (34234), stated that viewpoints have been expressed by previous speakers; that the proposed rezoning is not supported. Deborah Kurtyka, Operations Manager, Gifts From God, 5706 Bent Oak Drive (34232), stated that Gifts From God assists people with financial aid; that some important truths will assist the Commission in understanding the people assisted by Gifts From God; that at the December 10, 2003, PBLP meeting an indication was made no crisis exists in the City, which is not the case; that a crisis is relative to an individual situation; that the. Commission is invited to come and listen to the telephone calls received by Gifts From God on a daily basis to hear the needs and desperation of many people; that the Commission is requested to consider issues addressed by Gifts From God such as single parents, the disabled, and the elderly who are attempting to live on small Social Security checks; that medications are too expensive; that Social Security checks sometimes have errors; that the result is the receipt of no income until the next month; that the main source of family income may have been lost due to loss of employment or illness requiring hospitalization; that children's illnesses keep people out of work; that families coming from abuse shelters are attempting to start over but have no money; that husbands have walked out on families leaving nothing but unpaid utilities; that utility companies do not question the disconnection since the utility was placed in the name of the husband; that husbands have been left with children and no money for daycare expensesi that a wife left a family and the medical expenses for the children were covered by the wife's insurance; that the father and the two children have diabetes and will no longer have insurance coverage since the wife left; that a two month wait exists for the father to obtain medical insurance; that in the interim, the children still needed medication and no help could be found; that the father contacted Sarasota Memorial Hospital as well as other institutions and no help could be found; that Gifts From God assisted the children with obtaining the necessary medication; that parents are attempting to make ends meet; that single mothers are working part-time due to injuries and some are working additional part- time jobs to make ends meet; that a man was injured on a bicycle and cannot go back to work; that Gifts From God was able to assist; that the Commission is requested to support the services provided by Gifts From God. BOOK 55 Page 26832 01/20/04 2:30 P.M. BOOK 55 Page 26833 01/20/04 2:30 P.M. Sandy Baar, P.O. Box 3626 (34236), stated that statistics indicate 70 percent of the people receiving assistance go to work; that a clarification is necessary as to the location to which people travel after leaving the Salvation Army; that the people work; however, the work performed would likely not be preferred by most people living in Sarasota; that the statistic can be verified, if necessaryi; that the Sarasota County Coalition for the Homeless recognizes the Gifts From God organization as a viable partner in the social service network in Sarasota County; that the services performed by Gifts From God are unique and vital to the homeless; that more importantly, the working poor citizens do not become homeless due to the assistance received from Gifts From God; that individuals are offered dignity and respect through the free vehicle and furniture programs offered by Gifts From God; that Gifts From God is the only organization performing such services; that the services provided are not a duplication of effort; that Gifts From God is a long standing and active member of the Homeless Coalition and a supporter of the Continuum of Care; that the Sunday feeding service has been the focus of the discussion; that the feeding program does not constitute a non-necessary duplication of services; that the services provided by Reverend Butterfield and the Gifts From God ministry toward helping the homeless and working poor in Sarasota County are supported. Tom Treend, Director, Homeless Youth Education Program; Board of Directors, Sarasota Family Young Men's Christian Association (YMCA); Chairman, Sarasota County Coalition for the Homeless; member, Community Development and Advisory Board; Chairman, Federal Emergency Management Agency (FEMA); Board Member, Emergency Food and Shelter; Board Member, Community Action Board of Sarasota County, 1601 Robbins Road, Nokomis (34275), stated that Gifts From God and the construction of the proposed facility on 17th Street are strongly supported; that throughout the past several years, Gifts From God has been one of the strongest supporters of the community's effort to have a unified, coordinated effort in serving the population most in need; that the proposed site is located in a needy area of the City; that many needy citizens live in the area and obtain community services; that a gap exists for the services provided by Gifts From God; that the situation should be addressed; that the indication Gifts From God may be an unnecessary duplication of services has no merit; that the services provided by Gifts From God may be considered in competition with other social service organizations; that the mission is considered most important; that SPD's indication Gifts From God is serving as an underground railroad to draw in the Nation's homeless with promises of a Sunday chicken dinner and a free kitchen table is considered absurd; that the meals are satisfactory but are not sO good as to attract people from all over the Nation; that the Commission should allow the rezoning to assist the City's neediest citizens; that doing sO would be uplifting; that the Commission should equally represent each citizen even if the homeless do not often vote or wield significant power or influence; that the homeless will not complain if Community Development Block Grant funds designed to assist the needy are expended on parking lots for the Rosemary District; that Gifts From God does not create problems for the SPD; that rather, Gifts From God solves problems; that for the people who believe in trickle down economics, Gifts From God is simply requesting the Commission to allow the good to trickle down; that the hundreds of fortunate citizens understanding the need and the ministries documented record of service deserve the right to have a vehicle of giving as much as the people receiving the service. Pastor Edward F. Keen, Jr., Field Ministries Coordinator, Gifts From God, 2631 Morrietta Lane, North Port, Florida (34286), stated that the responsibilities of the Field Ministries Coordinator include picking up and delivering furniture; that the furniture is given away free; that homelessness scares people to death; that most people have never experienced or tasted homelessness; that some people believe all homeless people are alcoholics or drug addicts, which is not true; that an individual employed with Goodwill Industries was assisted several months ago; that Gifts From God paid the individual's rent and provided furniture; that the focus should be the 90 percent of services provided in the community rather than simply the Sunday feeding program; that administrative offices are needed; that a place to perform work necessary is necessaryi that photographs previously displayed depict the streets full of homeless people; that the homeless and needy people work Monday through Friday; that 90 percent of people are one step from living on the street; that mothers with children are in homes with no heat, electricity, or water; that some people may believe everything is fine and all the care providers are taking care of the situation; however, everything is not fine; that the pain of situations are sometimes too much and cause him to cry; that only prayer remains if money is not available; that citizens must realize the situation is real and everything in Sarasota may not be beautiful; that a significant number of single mothers with children are hurting; that fathers are not BOOK 55 Page 26834 01/20/04 2:30 P.M. BOOK 55 Page 26835 01/20/04 2:30 P.M. responsible; that a single mother in need of a retrigerator was referred to Gifts From God; that the family will be provided a refrigerator since the family was using only a cooler; that the goal of Gifts From God is to help; that the SPD has never responded for a violent crime or a fight between the hours of 3:00 a.m. and 5:00 a.m. in three years. James Wright, Board of Directors, Gifts From God, 4967 79th Avenue (34243), stated that Barbara Streisand sang a song which included the lyrics "people who need people"; that Gifts From God is basically helping people; that consideration of the rezoning is necessary to continue the goal of the Gifts From God ministry which is to help people. William Van Allen, Jr., Chairman of the Libertarian Party of Sarasota County, 3621 Webber Street (34232), stated that the Libertarian Party attempts to take a principled stance in favor or in opposition whenever a principled issue bears on individual liberties; that the mission is to promote individual liberties and personal responsibility in Sarasota County; that one ways to promote individual liberties and personal responsibility is by supporting organizations already working toward both, which is the case with Gifts From God; that awareness of the services provided by Gifts From God began during the Gillespie Park Sunday feeding program; that some of the Gillespie Park neighborhood people expressed desires to remove the homeless from Gillespie Park; that the residents of the Gillespie Park neighborhood have a dislike of the homeless; that families were seen visiting the park be including single parent families and families with three or four children; that homelessness was never an apparent issue; that Gifts From God is helping a significant number of disadvantaged citizens of Sarasota to make personal efforts toward better lives at no cost to the taxpayers; that rezoning of the parcel of land would not cost taxpayers any money; that Gifts From God offers benefits to the needy free of charge; that not recommending approval will eventually result in increased costs to the Cityi that the City will likely be required to assist through government programsi that Gifts From God, a private charity, can answer the need rather than providing another expensive government program; that many discouraged homeless are moving to Bradenton; that approving the rezoning would not draw the homeless back to the neighborhood; that the preponderance of citizens being assisted by Gifts From God are not homeless but are the working poor; that migrating from Bradenton to Sarasota on a weekly basis for a free meal is not likely due to physical capabilities; that the working poor already live in the area of the proposed site, which is a good argument for approval; that the presence of Gifts From God will raise the standard of living of the entire neighborhood; that the vocal residents of Gillespie Park would be happy if the rezoning is approved since the homeless will no longer be in Gillespie Park; that Gifts From God is working to address a need in the community by providing a working nongovernmental solution; that the Libertarians hope the Commission will continue to allow Gifts From God to assist people having no other resources available. Joe Faust, 3229 Bee Ridge Road, No. 88 (34239), stated that he was referred to Gifts From God approximately two years ago; that he is a single father; that financial assistance and free furniture was provided by Gifts From God; that Gifts From God treated him and his children as members of the family and followed through by continuously calling and checking on the family's status; that no other program exists like Gifts From God; that Gifts From God provided necessary hope; that people must be aware of the truth; that Gifts From God is not providing a duplicate service; that an opportunity arose to volunteer with Gifts From God and participate in the furniture ministry; that furniture received by Gifts From God is immediately provided to the needy free of charge; that Gifts From God follows up on people in need and invites people to provide hope to others; that his life would be different if not for Gifts From God. Floyd Kyles, 1220 Cocoanut Street (34236), stated that Gifts From God ministries found him on the benches in Gillespie Park; that he was found by Reverend Butterfield with a hangover from being drunk and smoking crack cocaine; that Reverend Butterfield indicated Gillespie Park would be a wonderful place to start a ministry and requested help to start the ministry; that Reverend Butterfield promised to have ministry services every Sunday at Gillespie Park; that the service has taken place every Sunday for the past five yearsi that he now resides in a house; that black Americans, white Americans, Hispanic Americans, and others who may not have been named are all brothers and sisters in need; that people must address the needs of the poor; that the homeless people need the help of the citizens of Sarasota; that the homeless people have been spiritually broken for many reasonsi that the Commission is requested to approve the rezoning sO Gifts From God can provide help. Carl Kurtyka, 5706 Bent Oak (34232), stated that the homeless have been judged by many this evening; that people have BOOK 55 Page 26836 01/20/04 2:30 P.M. BOOK 55 Page 26837 01/20/04 2:30 P.M. indicated the homeless people are intimidating; however, being present in the Commission Chambers and speaking before the Commission is considered intimidating; that the homeless are people; that maximizing the dollars has been discussed; that the help necessary already exists; that he is familiar with people living on the streets; that the people once had jobs and families; that life circumstances and economics have caused the people to become homeless; that the homeless are not drug addicted or alcoholics; that the homeless are trying to find shelter; that the entire issue seems to concern the two hour Sunday feeding program; that the vote to rezone the property and allow Gifts From God to operate would be unanimously supported if 90 percent of the work the ministry represents was considered; that fear of the homeless is an issue; that the opinion might be different if Gifts From God was not changing lives one by one, removing homeless people from the street, finding employment and making the community better; that the services provided by Gifts From God have been personally seen, which is the reason for providing support; that he has resided in many major metropolitan areas across the United States in which the homeless population was greater than in Sarasota; that the homeless situation will only change if one life at a time is saved; that the Commission is requested to faithfully consider the difference Gifts From God makes and will continued to make in the community; that the decision of the Commission should come from the heart. Charlie Bailey, Law Office of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., on behalf of Cary Spicuzza, CAS, I, Inc., CAS II, Inc., and CAS III, Inc., 2033 Main Street (34237), stated that the efforts of the Applicant in attempting to address the difficult and challenging issues of serving the poor and homeless and others with need in the community are respected; that his Clients collectively own the Hob Nob Drive- In Restaurant, Hob Nob Laundromat, and Hob Nob Carwash, which are located in the northwest corner of 17th Street and US 301 approximately 500 feet from the subject propertyi that his clients strongly oppose and object to the Applicant's request for a rezoning; that his clients have owned the Hob Nob for approximately 12 years now; that the Hob Nob is an open air drive-in restaurant; that after purchasing the property, the clients had substantial problems with panhandling patrons, many of whom loitered, drank, and left litter behind in the form of beer bottles, beer cans, and other similar items; that problems were encountered with individuals using the hose and restroom for bathing; that patrons of the Hob Nob facilities desire to use the restrooms; that a key to the restroom is now attached to a large hubcap to avoid being carried awayi that progress has been made regarding the homeless issues; that the area is much cleaner; that the proposed land uses are a serious concern; that the proposed land uses will promote conditions previously experienced with the property, similar to the well documented experiences in Gillespie Park and Main Street; that the Applicant is respected and appreciated; however, the proposed rezoning is strongly opposed; that the Commission is urged to accept the unanimous recommendation of the PBLP in denying the applications; that as the Commission is aware, the public hearing is quasi-judicial in nature and is based on competent and substantial evidence; that standards are applied based on competent and substantial evidence received in the form of testimony and the information included in the Agenda backup material; that the recommendation of the PBLP was the Applicant did not meet the standards for granting the rezoning request; that the Applicant has not met Section IV-1106.10 of the Zoning Code (2002 Ed.) which determines if the proposed rezoning will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; that a well documented history of the activities of Gifts From God at Gillespie Park was provided by the SPD and others; that approval of the application would deter improvement and development of other properties in the vicinity and therefore mandates a denial of the applications. Attorney Bailey continued that in addition, pursuant to Section IV-1106.13, of the Zoning Code (2002 Ed.), consideration must be given to the possibility of the Applicant finding other adequate sites in the City for the proposed use in districts already permitting the use; that the Staff report, included in the Agenda backup material, indicates other adequate sites for the proposed range of uses exist in the City in districts already permitting such uses, which provides sufficient basis for the City to deny the application; that regarding the major and minor conditional uses, Section IV-906.2, Zoning Code (2002 Ed.), relates to potential adverse impact of the application on the livability and usability of nearby land; that Section IV-906.5, Zoning Code (2002 Ed.), indicates the decision-making body should consider if generally the public health, safety, and welfare will be preserved; that the competent, substantial evidence presented supports the contention the Applicant has not met any of the criteria; that the Commission is respectfully requested to deny the Applicant's request. BOOK 55 Page 26838 01/20/04 2:30 P.M. BOOK 55 Page 26839 01/20/04 2:30 P.M. James Clark, 2615 Desota Road (34234), representing Soldiers for Christ, stated that the opportunity to come before the Commission is appreciated; that he is the Director of Soldiers for Christ which is a ministry assisting people in need; that words which have not been heard during the evening are "love, n . compassion, T and "dedication"; that the words are associated with Gifts From God; that people opposing the proposed rezoning referred to the homeless as "these people" or "those people"; that people with businesses and homes in the neighborhood do not desire homeless people in the area; that Soldiers for Christ opens homes for the homeless; that Gifts From God has referred eleven homeless people to Soldiers for Christ during the last six months; that Soldiers for Christ took the people in and provided assistance; that he and his wife assisted the people by providing transportation to search for jobs; that the people want to work; that many of the people have construction skills and some were involved in the construction of the new John Ringling Causeway Bridge; that love, compassion, and dedication caused him to fall in love with Gifts From God; that love, compassion, and dedication is the reason people are drawn to Gifts From God; that Gifts From God provides hugs which he has seen; that everyone should come together and perform work similar to Soldiers for Christ; that Soldiers for Christ volunteers have assisted in Cleaning up Gillespie Park after the Gifts From God feeding service; that the request is to approve the rezoning; that everyone should work together to educate people; that sufficient love will help people to become part of society and make the City shine; that the help comes from the heart. Robert Wright, 2876 Poplar Street (34232), representing Soldiers for Christ, stated that Gifts From God has personally assisted him; that he was a burden to the City, using drugs and being disruptive; that the SPD has arrested him several times for purchasing cocaine; that he has served time in jail; that throughout his insanity, Gifts From God continued to provide support and love; that love was provided until he loved himself; that he was referred to Soldiers for Christ; that the example provided by Gifts From God has caused a desire to provide others with help, which is wonderful; that love is being duplicated; that without the help of Gifts From God, he would not be reaching out or desire to assist someone else in need and would instead be smoking crack cocaine. Herbert Benatovich, 6149 Clubside Drive, (34234), representing The Argus Foundation, distributed and read a January 20, 2004, letter to the Commission from Kerry Kirschner, Executive Director of The Argus Foundation who could not be present, indicating that the rezoning of the Gifts From God facility between 17th and 18th streets is opposed; that the Board of Directors of The Argus Foundation believes an adequate number of feeding facilities exist in the City as well as facilities for homeless people with a desire to improve lives and become productive members of the community; that Sarasota lacks a location to house the homeless not choosing to change or improve; that The Argus Foundation recommends denial of the rezoning and requests consideration of the establishment of a facility, funded by taxpayer dollars, which would admit people during evening hours who are not accepted by social services agencies since an interest in improving or being helped is not the desire; that a program at a central facility which does not involve arrest will keep people from sleeping on the streets of Sarasota; that similar facilities and ordinances are in place in Charleston, South Carolina, and other communities; that The Argus Foundation believes the charge of government deals first with the health, welfare, and safety of all its citizens; that separating homelessness from vagrancy is a task which has been ignored for far too long; that the Commission is encouraged to take a positive and aggressive approach to the problem. Linda Holland, 617 Gillespie Avenue, (34236), stated that she has been a Gillespie Park neighborhood resident for 23 years; that she is speaking as a concerned citizen and not officially representing the Gillespie Park Neighborhood Association; that comments will address the specific site plan criteria, specifically if the public's health, safety, and welfare will be preserved; that over the past five years, competent and substantial evidence regarding the negative impact of the services provided by Gifts From God in Gillespie Park has been provided to the City; that the evidence is maintained in two three-ring binders; that the evidence includes a detailed package dated October 1, 2001, addressed to former Mayor Carolyn Mason and the Commissioners; that all Commissioners have been provided with the material; that photographs are included in the material indicating excessive trash and police reports outlining alcohol use, public urination, fighting, and trespassing by clients of Gifts From God; that the material was provided under the Agenda item for Citizens' Input at the December 1, 2003, Regular Commission meeting, and is being distributed once again. Ms. Holland continued that photographs indicate excessive trash documented on a weekly basis for six weeks; that the trash was a direct result of the services provided by Gifts From God; that an attempt was made to show the photographs at the December 10, 2003, PBLP meeting; that the photographs are surprising; that the BOOK 55 Page 26840 01/20/04 2:30 P.M. BOOK 55 Page 26841 01/20/04 2:30 P.M. Gillespie Park neighborhood has been severely impacted with trash every Monday morning; that public testimony over the past several years from numerous residents of the Gillespie Park neighborhood indicate continuing problems of noise, trash, public urination, fighting, pan handling, and other associated negative impacts, directly resulting from the services provided by Gifts From God; that the material includes calls for service to the SPD which directly relate to the business being conducted in Gillespie Park by Gifts From God every Sunday for the past give years; that moving the business being conducted by Gifts From God to the proposed new location will not preserve the public health, safety, and welfare of the area; that the 17th Street neighborhood and businesses will be negatively impacted which is clearly evident due to the manner in which business was conducted in Gillespie Park; that the Commission is requested to make the decision based on facts; that the facts indicate denial of the proposed rezoning. Charles Senf, 2346 Pelican Drive (34236), stated that the competent and substantial evidence of allegations in the materials presented by the previous speaker have been heard and seen many times; that Gillespie Park has been personally visited for inspection on Sunday; that at the time, police officers were seen in the building watching races on television; that the issue has been discussed with SPD personnel; that the police officer was requested to provide information concerning the Sunday problems in the park; that the police officer indicated no problems were taking place in the park; that loud noise was not heard; that the SPD responds to complaints; that an individual complained of trash late on Monday mornings which was likely caused by raccoons; that the individual complained to Gifts From God; that representatives of Gifts Erom God were personally seen cleaning up trash on Sunday after the service; that a good job was done; that the allegations should not be allowed as supported by competent, substantial evidence unless proven; that no arrests have been made for urination or defecation in public; however, hundreds of allegations have been made; that people will accept lies as fact if lies are sufficiently repeated; that the neighbors in the immediate vicinity were visited; that the neighbors were asked if any problems exist, such as noise or too much trash; that the Pledge of Allegiance was made earlier in the meeting and the phrase "under God" was used; that people would likely object if the discussion at the table was to remove the phrase "under God" from the Pledge of Allegiance; that the Statue of Liberty in New York City, New York, has a plaque with the phrase "bring me your tired, humble, poor, learning to breath free"; that a question is if the intent of the City is not to want the tired, humble, and poor in Sarasota. Mr. Senf further stated that everyone is proud Sarasota has been voted the best, small town in America; that the Commission is requested to ponder the following: that there but for the grace of God go I Dick Sheldon, 526 South Osprey Avenue (34236), stated that he picks up trash which has been thrown out of vehicles in front of Gulfcoast Wonder & Imagination Zone (G.WIZ) every Mondayi that the people throwing trash from vehicles are not the same people leaving trash in Gillespie Park but are people in large vehicles traveling to the Van Wezel Performing Arts Hall (VWPAH) or G.WIZ; that trash can always be picked up, which is nice; that many technicalities have been heard this evening; that having to come before the Commission to suggest the City should have a heart for the services provided by Gifts From God is embarrassing but must be said; that the Commission is requested to take a leap of faith and support Gifts From God. Mayor Palmer requested that the Applicant come forward for rebuttal. Mr. Dailey, Reverend Butterfield, Mr. Pillot, Ted Smith, Chairman of the Board of Gifts From God, and Craig Smith, Smith-Park, came before the Commission. Mr. Dailey referred to a site plan of the proposed Gifts From God project displayed on the Chamber monitors; and stated that a church exists north of the site; that the church has expended considerable funds for a day care center and a playground; that the use will likely remain the same; that the J.H. Floyd Center has a large investment in its nursing home facility which will likely remain; that the impact of the proposed project on future residential use existing north of the site is negligible; that additionally, the proposed project meets all the criteria relative to density and intensity of land use indicated in the City's Comprehensive Plan; that the proposed project would be considered an incompatible use if out of scale with the neighborhood or if the project was much more intense or different than existing or proposed uses; that a one story building with 6,500 square feet on a 1.4 acre site which will be secured with fencing, locked doors, and security lighting is in keeping with other uses in the neighborhood; that an indication was made many proffers were BOOK 55 Page 26842 01/20/04 2:30 P.M. BOOK 55 Page 26843 01/20/04 2:30 P.M. brought forth; that the site plan was proffered since site plans accompany most development applications; that the other proffers are the program and the hours of operation; that the only reason for the proffer was the misperception of the mission and activities of Gifts From God. Mr. Dailey continued that Gifts From God is a multifaceted ministry, ten percent of which relates to homeless or feeding of the homeless during a two hour period every Sunday; that the testimony received has created a major misconception of the services provided by the ministry; that the suggestion of an imposed condition concerning noise and sound was raised by Staff; that the two hour program on Sundays is performed with music, which is an important part of the ministry; that Gifts From God is bound by the same laws pertaining to noise as everyone else in Sarasota; that the decibels at the edge of the property at Gillespie Park have been monitored for the past two years; that the noise levels do not exceed 65 decibels; that a request is to allow music speakers for the two hour program on Sundays; that 7:00 p.m. or later is suggested if a restriction of sound is necessary for any outdoor speaker system; that outdoor music is part of the program offered by Gifts From God and is an important part of the ministry. Reverend Butterfield stated that a number of complaint calls regarding noise during the program at Gillespie Park were made and the SPD came to the park to check decibel levels; that the SPD found the decibel levels acceptable; that trash cans were purchased by Gifts From God as well as a decibel meter to monitor the noise since a promise was made to the SPD; that the noise levels have been monitored for approximately three months; that the noise level has never exceeded 65 decibels. Mr. Smith stated that an arrest has never been seen during the three and one half years he has been in attendance at the Gifts From God service held in Gillespie Park each Sunday,i that a distinction should be made; that Gillespie Park is a public area; that certain behaviors cannot be enforced by Gifts From God; that behavior can be controlled on private property; that people owning businesses in the area of the proposed project should imagine the possibility of hiring some of the people receiving counseling through Gifts From God; that the situation would be wonderful; that the opposition of someone committed for an entire lifetime to helping people to the proposed Gifts From God site is not understood; that people helping those in need do not compete but enhance the situation; that the hope is the Commission will approved the rezoning sO Gifts From God can continue to help people. Mr. Smith stated that he is a Gifts From God volunteer; that the Commission is reminded the issue concerns land use; that the proposed land use change fulfills the City goals of bringing zoning into compliance with the Future Land Use Map and relocates the Gifts From God feeding service out of Gillespie Park, both of which are positive goals; that the request concerns permission and not money; that Gifts From God is not requesting funding and is not competing with any other program; that the request is simply for permission to continue a proven ministry, to enhance the track record of service and to extend a legacy of assisting and improving the lives of the disadvantaged; that compelling testimony has been heard the services provided by Gifts From God is not a duplication of efforts; that most of the misconception has been positioning the Gifts From God facility as a homeless shelter; that the Gifts From God facility is not a homeless shelter; that the facility is a place of administration and organized activities; that the issue of feeding the homeless which is only ten percent of the ministry has overridden all other services provided by Gifts From God; that the Commission is requested to consider the request in the context of the 90 percent of services provided by Gifts From God rather than focusing on the ten percent service of feeding the homeless. Mr. Bailey stated that the Commission is respectfully requested to follow Staff's recommendation of approval. Mayor Palmer requested that the Affected Persons come forward for rebuttal. Mr. Brown came forward and stated that the issue is one of perception; that Gifts From God truly believes in the service being provided; that the cause is good; however, perimeters are often not seen if the focus is in one direction; that Gillespie Park has been visited on six or seven occasions to take photographs of the Gifts From God Sunday feeding program; that 80 percent of the population observed in the park was adult male; that children were occasionally seen; however, most were children of volunteers; that two of every ten people attending the service were females; that the direction from which the people were traveling to the park was also observed; that more than ten percent of the people are coming off the streetsi that a judgment is not intended; that the point is being made. BOOK 55 Page 26844 01/20/04 2:30 P.M. BOOK 55 Page 26845 01/20/04 2:30 P.M. Mayor Palmer passed the gavel to Vice Mayor Martin and left the Chambers at 11:47 p.m. Mr. Harvey came Eorward and stated that Gifts From God discusses cooperation; however, cooperation never existed with the people living in the Gillespie Park neighborhood; that the proposed hours of the feeding operation of 11:30 a.m. to 1:30 p.m. are considered meaningless; that Gifts From God is making promises which cannot be kept; that the hours being proposed have the appearance the ministry will hardly be openi that the fact the homeless people arrive for the Sunday service hours ahead and remain for hours afterward has been documented; that a question is where the homeless people go before and after the Sunday service; that the answer is the homeless people travel all over the neighborhood; that arrests have been made in Gillespie Park as documented in the Agenda backup material; that multiple arrests have been made in one day; that a January 8, 2001, electronic mail (email) from former Police Chief Gordon Jolly to the former City Manager regarding enforcement at the Gifts From God food giveaways on Sundays in Gillespie Park is included in the Agenda backup material; that the email indicates six arrests were made and a paddy wagon was used to transport the arrestees; that the minutes of the December 10, 2003, PBLP meeting indicate a different reason for denying the request which was to find rezone Application No. 03-RE-18 and Site Plan Application No. 03-SP-32 inconsistent with the City's Comprehensive Plan and the Tree Protection Ordinance; that the denial had little to do with a tree if the closing discussion in the minutes is reviewed. Mr. Harvey continued that the impact is to the neighborhood; that a petition has been submitted which is signed by almost every person with an address in the neighborhood; that the petition provides proof the propose rezoning is not supported by the neighborhood; that the proposed rezoning is sO dangerous, the City is already concerned with revocability of uses; that the belief is Gifts From God will have free reign to provide whatever service during any desired hour upon moving to the proposed site; that controlling the situation will be difficult regardless of agreed upon conditions; that he is not afraid of the homeless or of being homeless; that he has been homeless but at a younger age; that he was stronger at a younger age; that he was lucky to have the support of his family. Ms. Harvey came forward and stated that religion seems to have become the issue, which is a concern; that questioning her or someone else's religion or empathy for poor people is appalling; that the suggestion of an earlier meeting time to avoid people remaining longer is not understood; that the rationale of providing a van which only transports 15 people for a ministry attracting over 200 people is not understood; that food is being used for bait, which is considered a soup kitchen; that the rezoning is not considered a reward for her 25 years of effort toward commerce in the Cityi that one of the mottos of the Girl Scouts is always to leave only ones tootsteps; that personal trash is always removed from any group meeting attended; that she is the working poor and works hard; that she has done without many things to continue on; that she drives an older vehicle which is probably older than some of the vehicles being given away by Gifts From God; that perhaps Gifts From God can provide her with an updated model; that the situation and the impact to the neighborhood is a great concern. Mr. Toale was no longer present in the Chambers for rebuttal. Vice Mayor Martin requested that Staff come forward for rebuttal. Ms. Murphy, Captain Duncan, and Lieutenant Sutton came forward. Mayor Palmer returned to the Chambers at 11:52 p.m. Ms. Murphy stated that rebuttal will be brief; that the role of a City Planner is not easyi that the public hearing has been difficult; that the public hearing provides the Commission with a good indication of Staff's involvement in an attempt to mitigate potential or perceived impacts with the proposed use; that understanding the uses is difficult; that many of the proffers were not simply regarding additional restrictions but were to assist Staff to understand the categories in which the uses belong; that Staff had to ensure a number of the social services provided would be allowable on the particular land use; that information was requested from the Applicant to further identify the use; that imposing limits on outdoor speakers is supported; that Staff does not object to music as part of the service; however, in any land use, the permanent fixture of outdoor speakers and the unlimited use for paging, etc., is a number one neighborhood complaint; that addressing the situation and having outdoor speakers removed is difficult; that allowing outdoor speakers is a conditional use which is in the realm of the Commission to attach conditions to minimize adverse impacts. Commissioner Bilyeu stated that in other circumstances, hours of operation were proffered for an outdoor restaurant; that no other BOOK 55 Page 26846 01/20/04 2:30 P.M. BOOK 55 Page 26847 01/20/04 2:30 P.M. details were required; and asked if requesting details for specific activities is a normal request? Ms. Murphy stated that having been a planner in several jurisdictions, dealing with religious versus commercial uses can be difficult; that Gifts From God provides a social service; that new complications have been raised regarding the protection and freedom provided to religious institutions; that Staff is attempting to find a balance; that the goal is to provide an opportunity to all groups to conduct certain uses within specific categories; however, ensuring accessory uses meet Health Department requirements is difficult; that applicants requesting conditional uses with no negative impact to neighborhoods are not typically required to provide additional details; that Gifts From God currently conducts social services in Gillespie Park; that negative, or perceived negative impacts, were documented; that clearly defining the uses and conditions was also in response to information received at neighborhood meetings; that Staff attempts to mitigate impacts to the neighborhood. City Manager McNees referred to the Gifts From God matrix of all proposed activities included in the Agenda backup material; and stated that the matrix is entitled, "All Proposed Activities"? that apparently, the matrix indicates every activity which will be conducted by Gifts From God; that Gifts From God has indicated the matrix provides all the scheduled activities; however, many other activities will take place which will not be scheduled; that having additional unscheduled activities is fine; however, revocation of conditional uses is the responsibility of the City Manager; that the matrix does not provide sufficient clarity of allowed uses; that no problem is seen if the intent of the matrix is for being more general or less restrictive; that some clarity is requested as to the intent of the matrix. Vice Mayor Martin stated that Staff originally recommended approval of the rezoning; that after the December 10, 2003, PBLP meeting, Staff planned to recommend denial but is now recommending approval; that the understanding is the reason for recommending approval is primarily the understanding of the activities and uses which will take place on the property as well as an understanding of enforceability; and asked if Staff has achieved a level of comfort? Ms. Murphy stated that the timing of the situation was difficult; that Staff did not have a response from the Applicant, and did not receive supplemental materials from the Applicant until the last minute; that the turnaround time was short; that meetings conducted with the Director of Building, Zoning, and Code Enforcement and the City Attorney's Office assisted in defining a large group; that approval of the uses can be revoked if problems occur, which includes parking; that Staff has achieved a level of comfort; that sufficient detail has been received; that definitions for revocability were discussed with the City Attorney's Office; that the record regarding the intent is Clear; that the intent is to avoid off- site impacts; that the Applicant would have the right to appeal if a conditional use is revoked. Commissioner Bilyeu stated that the uses are confusing; that Gifts From God has addressed major uses which are concerns of the neighborhood; and asked for clarification regarding allowable uses, City Manager McNees stated that the concern is the matrix which has been proffered specifically includes the phrase "All Proposed Activities"; that Reverend Butterfield previously indicated the matrix includes only the scheduled activities; that other activities will take place; that the other activities may be perfectly acceptable; however, enforcement by the City Manager will be based on the proffered matrix if the matrix is approved as part of the conditional use and as part of the rezoning; that clarification of intended uses is necessary; that the feeling is the matrix is too specific for any reasonable enforceability, which is a concerni that the menu of activities with associated timeframes included in the matrix is limited; that Gifts From God likely does not support having to provide the amount of specificity. Ms. Murphy stated that the specificity included in the matrix is partially due to the concerns of Staff; that the intent was to clearly define the uses due to the amount of controversy; that the idea of giving away vehicles was considered a good idea at the outset; however, upon further review, questions arise such as the location for storage of the vehicles; that Staff recommended a core group of uses be established on the site in an attempt to gain support of the neighborhood over time; that additional uses could always be added later; that uses are constantly reviewed and fine-tuned; that Staff is struggling to include new clearly defined uses. Mayor Palmer stated that City Attorney's Office Staff has indicated some changes are being made to the minor and major BOOK 55 Page 26848 01/20/04 2:30 P.M. BOOK 55 Page 26849 01/20/04 2:30 P.M. conditions which can be included in the matrix prior to second reading. City Manager McNees referred to the matrix of all proposed activities; and stated that at a minimum, the language indicating other ancillary activities or other related activities should be included prior to second reading; that the phrase "All Proposed Activities" related activities is a concern; that any activity falling outside the scope of the matrix would be considered illegal which is not good; that some discretion should be included. Captain Duncan came forward; and referred to SPD calls for service information provided by Commissioner Bilyeu regarding which a response was requested; and stated that complaints regarding Gifts From God services in Gillespie Park were received prior to the timeframe indicated in the information; that he was personally involved; that special tactical operations were conducted in Gillespie Park during the Sunday services performed by Gifts From God; that many arrests were made; that the paddy wagon was used for transport due to the number of arrests; that six or seven incidences of public urination were personally observed; that several open alcohol container violations were also personally observed; that the first individual arrested for an open alcohol container violation was on probation from California for Driving Under the Influence (DUI) and manslaughter; that police officers were reassigned from Main Street to babysit the services being conducted in Gillespie Park due to the number of complaints. Captain Duncan continued that reassigning police officers to Gillespie Park was likely not well received by business owners on Main Street; that complaints were then substantially reduced in Gillespie Park due to the police presence; that he worked in Gillespie Park for four years; that his office was in Gillespie Park; that half of each work day was spent in Gillespie Park; that the same offenders at the park on Sunday were comfortable coming back to the park during the week to drink or loiter; that comparing alcohol violations in Gillespie Park with other City and County parks would be interesting; that the belief is Gillespie Park has considerably more alcohol violations; that calls to clean up the trash remaining from the Sunday services were frequently made to Sarasota County; that the trash cans were full sO trash was thrown on the ground; that trash was distributed throughout the park on windy days; that clothing made available but not taken was dumped on picnic tables; that the trash throughout the park was not due to raccoons or a birthday party held after the Gifts From God service; that the excess trash was directly related to the food and clothing giveaways. Lieutenant Sutton stated that the Gifts From God program has been ongoing in Gillespie Park for five years; that as a Central District Commander, he meets with the new Gillespie Park Neighborhood Association as well as the old Gillespie Park Neighborhood Association; that the associations do not agree on many issues but do agree concerning the negative impacts to the neighborhood caused by the Gifts From God services in Gillespie Park; that the associations have proposed during meetings the City demolish the pavilion in the park; that demolishing the pavilion was considered the only method to remove Gifts From God from the park, which is an indication of frustration; that the SPD calls for service information provided by Commissioner Bilyeu only cover 710 Gillespie Avenue; that Gillespie Park extends from Seventh Street to Tenth Street and from Gillespie to Osprey Avenues; that the SPD reporting system uses the originating call as the basis for the complaint address; that the address on the report will be the 800 block of Osprey Avenue rather than the 700 block of Gillespie Avenue if someone calls from the 800 block of Osprey Avenue; that the report provided indicates calls regarding 710 Gillespie Avenue for 2003. Lieutenant Sutton continued that a total of 90 cases is listed; that 24 of the 90 cases were on Sunday; that the cases have been reviewed; that a number of cases are listed as 710 Gillespie Avenue, Eighth Street and Gillespie Avenue, Ninth Street and Gillespie Avenue, etc.; that a variation of addresses surrounding Gillespie Park have been covered in the calls for service; that the large number of calls for services was the reason for reassigning a Downtown police officer to Gillespie Park; that the police officer was on duty early on a Sunday to count people on an hourly basis arriving at the park and stayed through the services and several hours past the services; that the crowd arrives several hours prior to the service and continues to linger in the area several hours after the service; that Gillespie Park is a beautiful ten acre park; that complaints regarding the 200 people attending the Gifts From God service every Sunday have been received from around the entire park; that Gifts From God is requesting a rezoning to a 1.4 acre site; that the same number of people will be attending the Sunday service, perhaps more, which is a concern; that one responsibility as a District Commander is to attend community BOOK 55 Page 26850 01/20/04 2:30 P.M. BOOK 55 Page 26851 01/20/04 2:30 P.M. meetings and listen to the concerns of the neighbors; that every 17th Street neighbor is opposed to the proposed Gifts From God project; that the neighbors do not want a Sunday feeding program in the neighborhood; that no complaints have been heard regarding furniture or vehicle giveaways or helping people pay rent; that the only concern is 200 plus transients walking into the neighborhood every Sunday and remaining past the two hour service; that no neighborhood association would agree to a weekly feeding service in a neighborhood; that the weekly feeding service to over 200 people on a 1.4 acre site is the reason for the opposition; that people do care and are aware Gifts From God is doing wonderful things in the community. Vice Mayor Martin stated that discussion of the intended activities is puzzling; that specificity concerning activities is supported and provides knowledge of intended uses; that the specific uses could be reviewed in the future and additional activities could be addressed; that the City Manager has suggested the conditions be more general rather than specific; however, specificity is considered good; that the issue is not clear. City Manager McNees stated that the cause of the concern is the specific list of all proposed activities in the matrix; that Reverend Butterfield has indicated the proposed activities in the matrix are not all of the activities which will be conducted by Gifts From God; that the matrix indicates the activities are "All Proposed Activities, which as presented, is a concern and should be addressed. Ms. Murphy stated that Gifts From God proffered a longer list of all proposed activities; however, Staff had to reduce the list; that discretionary ability for the City Manager to address revocability of auxiliary uses can be incorporated; that separating religious services and social services is difficult; that Staff is in unchartered territory regarding some of the proposed activities; that the attempt was to reach a balance; that the matrix can be improved. There was no one else signed up to speak and Mayor Palmer closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 03-4491 by title only. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to approve Ordinance No. 03-4491 with modifications concerning amplified sound and changes regarding the uses which were included in the proffer for all proposed activities prior to second reading. Commissioner Bilyeu stated that the hour is late and a continuance is preferred; however, an effort will be made to respond; that the basic issue is the two hour feeding service each Sundayi that everyone apparently agrees with the other services provided by Gifts From God; that Gifts From God is not providing services which are a duplication of efforts by others; that safety is not considered a problem; that Gifts From God is not considered a soup kitchen; that daily feedings do not occur; that the calls of service to the Salvation Army and the bars on Main Street cannot be compared with the Gifts From God Sunday feeding program; that the belief is the multiple arrests in Gillespie Park with use of the paddy wagon took place during 2001; that some progression has taken place; that economic vitality was raised as an issue; that the price of real estate is increasing in the Gillespie Park neighborhood regardless of the Sunday feeding program; that Gifts From God is not a new agency and is well funded; that a seat is held on the Community Action Agency Board, which provides a feeling of pride; that the Community Action Agency also assists people in need; that good results are achieved; that the neighborhood has improved; that people are enjoying good equity in their homes; that discrimination exists toward the homeless and the poori that the homeless problem exists and should be addressed; that to experience homelessness, members of the Commission and the business community should live out in the woods for a couple of days during the month of August at the time mosquitoes and fire ants are in abundance; that everyone should have love, compassion, and dedication; that proposed Ordinance No. 03-4491 is supported. Commissioner Atkins stated that he is the representative of the District in which the site Gifts From God is seeking; that poor people always end up in his District; that the homeless have always existed in the area; that the individuals opposed to the Gifts From God proposal have admitted homeless people were being run out of neighborhoods 12 years ago; that the numbers of homeless people have decreased; that an earlier speaker has been known for 30 or 40 years; that the individual was requested to sign a petition against the Gifts From God proposal; that the individual is aware the homeless people live in the woods across the street from the Seventeenth Street neighborhood; that the BOOK 55 Page 26852 01/20/04 2:30 P.M. BOOK 55 Page 26853 01/20/04 2:30 P.M. individual was asked the reason for coming before the Commission to speak if the homeless people had never been a bother; that the individual could not provide an answer; that the energy created by those in opposition creates a vindictive atmosphere; that the negative energy creates a situation whereby Gifts From God will not be welcomed anywhere in the World; that Gifts From God provides services in which no one else will provide or have the desire being seen providing; that Linda Holland should be happy if Gifts From God leaves Gillespie Park; that Ms. Holland has indicated non-support for Gifts From God being located anywhere; that a situation which will make Ms. Holland happy cannot be imagined. Commissioner Atkins continued that the presentation has been biased; that the SPD presented a slanted position, which is considered unfair; that the opportunity based on all information received is to allow Gifts From God to take the 1.4 acre site and provide an opportunity to serve persons no one else desires to serve; that proposed Ordinance No. 03-4491 is supported; that a reasonable opportunity to have a church and a program should be provided; that the matrix of all proposed activities is a plan in which Gifts From God was pigeonholed; that the matrix is not fair; that such a list of allowed activities and hours of operation has never been seen; that the Commission should be ashamed. Vice Mayor Martin stated that proposed Ordinance No. 03-4491 is supported; that a determination has been made the land use is compatible with surrounding land uses; that the uses are comparable with other uses in the area; that addressing public health, safety, and welfare has many angles; that administering to those in need definitely contributes to the public health, safety, and welfare; that the matrix of all proposed activities is supported; that the uses are defined; that concerns have been expressed regarding the Sunday services in Gillespie Park; that the services have presented problems to the Gillespie Park neighborhood; that the matrix will allay some concerns and will allow Gifts From God to provide proof the organization can be good stewards of the land; that Staff has reached a comfort level regarding entorceability and revocability, if necessary; that a seat is held on the Manatee/Sarasota Continuum of Care; that the Continuum of Care addresses the issue of homelessness and affordable housing; however, more assistance to the homeless is necessary; that the Salvation Army is a state-of-the-art Nationwide facility; that the Salvation Army has 240 beds; that conservatively, 1,400 people in the Sarasota community do not have a bed in which to sleep; that the needs of the homeless are hardly being met; that Dr. Glasser's education and long time advocacy and understanding of social needs is highly respected; that faith based institutions have always been part of the homeless equation; that the possibility of negative consequences is a concern; however, the concern has been addressed as best as possible; that many different types of people live in the Cityi that the City must be a place for all types of people; that no one should be run out of town; that the needs of all people should be addressed; that people in need should be challenged to assist themselves; that Gifts From God provides a service to people in need as do other groups in Sarasota. Commissioner Servian stated that proposed Ordinance No. 03-4491 is not supported for a variety of reasons, none of which are related to faith or the services provided by Gifts From God; that the job of a Commissioner is not to judge the services provided by Gifts From God but is rather to review the request for the rezoning through the laws and the Zoning Code (2002 Ed.); that the proposed request does not meet the criteria; that the rezoning would be a deterrent to future development; that other suitable sites likely exist; that rezoning the proposed site is not necessaryi; that the adverse impact to the neighborhood is a concern; that the need for revocability clauses and sO many proffers if the proposed project is sO wonderful, on balance, is not understood; that the proposed project has caused considerable stress to Staff; that Staff is already stressed, which was expressed earlier. Mayor Palmer agreed; and stated that the Gifts From God mission is not a factor in the decision; that the ORD Zone District is considered consistent with surrounding land uses; however, the conditional uses are inconsistent; that the expansion of the activities, enforceability, the increase in SPD and Building, Zoning, and Code Enforcement levels of service, and the increase in the intensity of uses in the neighborhood will create problems for the public health, safety, and welfare; that 52 parking spaces may not be sufficient considering rental of the facility or additional uses; that the proposed use will be a deterrent to the improvement of surrounding properties; that other sites are adequate in other locations for the proposed use; that too many adverse impacts exist; that 22 meals per week are prepared from various social service agencies in Sarasota; that Gifts From God does good work; however, the particular use is not considered appropriate for the proposed location; that proposed Ordinance No. 03-4491 is not supported. BOOK 55 Page 26854 01/20/04 2:30 P.M. BOOK 55 Page 26855 01/20/04 2:30 P.M. City Attorney Taylor stated that due to the proffers made by Gifts From God, all the documents including the two proposed Resolutions and the proposed Ordinance will require modification to be adopted in a proper form; that the proposed Ordinance can be changed between first and second reading; however, Resolutions are adopted as presented; that the proposed Resolutions must be brought back at the same time as the proposed Ordinance with the proper changes made; that the City Attorney's Office will work with the City Manager to deal with the issue of wording of the matrix of all proposed activities. Mayor Palmer stated that the changes expected between first and second reading must be made clear; and asked if City Attorney's Office Staff is clear regarding the changes? Attorney Schenk stated yes. Mayor Palmer called for a vote on the motion to adopt proposed Ordinance No. 03-4491 on first reading with modification made prior to second reading. Motion carried (3 to 2): Palmer, noi Servian, no; Atkins, yes; Bilyeu, yes; Martin, yes. Mayor Palmer stated that on the advice of City Attorney Taylor, proposed Resolution Nos. 03R-1633 and 04R-1693 will be continued to the February 2, 2004, Regular Commission meeting sO proffered conditions accepted by a majority of the Commission can be incorporated. Deputy City Auditor and Clerk McGowan stated that a motion to postpone consideration of the proposed Resolutions would be preferred. On motion of Commissioner Bilyeu and second of Commissioner Atkins, it was moved to postpone further consideration of Resolution Nos. 03R-1633 and 04R-1693 to include the revised proffered conditions and language regarding amplified sound to the evening session of the February 2, 2004, Regular Commission meeting. Motion carried (3 to 2): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, no; Palmer, no. 19. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XII) CD 12:36 There was no one signed up to speak. 20. NEW BUSINESS: APPROVAL RE : THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN SARASOTA COUNTY AND THE CITY OF SARASOTA REGARDING TOTAL CONSOLIDATION OF STORMWATER MANAGEMENT - APPROVED AND AUTHORIZED THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT LABELED EXHIBIT A; (AGENDA ITEM XIV-1) CD 12:36 through 12:38 Mayor Palmer stated that Sarasota County is requesting a Third Amendment to the Interlocal Agreement between the City of Sarasota and Sarasota County Regarding Total Consolidation of Stormwater Management. City Manager McNees stated that the 1998 Interlocal Agreement between Sarasota County and the City of Sarasota regarding consolidation of stormwater management includes a provision governing the County's construction of the Two Lakes Park in conjunction with the Bahia Vista/Lockwood Ridge Floodplain Reclamation Project; that weather related and contractor related delays have occurred on the project; that the Commission has already extended the deadline once by amendment to the Interlocal Agreement; that at the County's request, the Commission is requested to amend the Interlocal Agreement one more time to extend the completion of the project one more year; that Mickey Emberton, who resides in the neighborhood, has indicated the situation is neither the fault of the City nor the County; that extending the completion of the project from September 30, 2003, to September 30, 2004, is supported; that the plans to construct the parking lot and park amenities will be completed by the end of January 2004; that the project will be the subject of a Request for Bids; that the project is moving forward; that the Commission is requested to approve the Third Amendment to the Interlocal Agreement and authorize the Mayor and City Auditor and Clerk to execute the same. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to approve the Third Amendment to the Interlocal Agreement and authorize the Mayor and City Auditor and Clerk to execute the same. Motion carried unanimously (5 to 0): Atkins, yesi Bilyeu, yesi Martin, yes; Servian, yes; Palmer, yes. 21. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XV) CD 12:39 through 1:02 BOOK 55 Page 26856 01/20/04 2:30 P.M. BOOK 55 Page 26857 01/20/04 2:30 P.M. COMMISSIONER ATKINS: A. stated that concerning the Sarasota Housing Authority, the progress regarding the HOPE (Housing Opportunities for People Everywhere) VI grant has been discussed at every recent Commission meeting; that the City's goal to receive the HOPE VI grant is being greatly assisted by Representative Katherine Harris, 13th District of Florida, US House of Representatives; that the application was submitted and received in a timely manner; that the expectations are great; that appreciation is expressed to the people involved in the process. COMMISSIONER SERVIAN: A. stated that a meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) is scheduled for January 26, 2004, sO no report is forthcoming; that Karin Murphy, Planning and Redevelopment Specialist, Planning and Redevelopment Department, gave a presentation concerning water taxis to the Citizen Advisory Committee and the Technical Advisory Committee of the MPO; that the City is on the leading edge of consideration of water taxis; that unanimous support exists on the MPO to pursue funding to conduct a detailed regional study of water taxis and the relationship with other modes of transportation; that Ms. Murphy did an excellent job. B. stated that correspondence concerning improvement project for the intersection at University Boulevard and US 301 which is in the MPO work plan was received recently; that the funding for the project is $2.6 million less than required; that the MPO and the County have been communicating; that the County indicates the funding should come from the Sarasota/Bradenton International Airport through the Development of Regional Impact (DRI) application; that the MPO may ask all local jurisdictions to assist with funding. Mayor Palmer stated that the MPO indicated the concern regarding funding over a year ago and anticipated coming to the City to participate in the funding; that the intersection is not within the City limits; that the plan was Sarasota and Manatee Counties would share the cost of the improvements. Commissioner Servian stated that copies of the correspondence will be provided to the Commission; that the thought was the funding problem had been resolved; however, the bids for the intersection improvements are $2.6 million more than planned due to the delay in initiating the project. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED THE ADMINISTRATION WILL SUBMIT AN APPLICATION FOR THE CITY'S ACTIVITIES ASSOCIATED WITH THE NONDISCRIMINATION AMENDMENT FOR THE 2004 CITY CULTURAL DIVERSITY AWARDS OF THE FLORIDA LEAGUE OF CITIES (AGENDA ITEM XVI) CD 12:39 through 1:02 COMMISSIONER ATKINS: A. stated that the Sarasota Board of County Commissioners is soliciting names for the community center at Newtown Estates; that everything in North Sarasota and Newtown relates to people of color; that buildings could be identified with the names of prominent people from the area to help distinguish the locations; that for example, the Newtown Recreation Center could be named after Robert Taylor, who nurtured the facility for approximately 30 years and was responsible for some remarkable improvements prior to his retirement from the City as the Director of the Newtown Recreation Center; that the Commission should consider naming the facility after Mr. Taylor. Mayor Palmer stated that the possibility of naming the Newtown Recreation Center after Robert Taylor, who is a personal acquaintance and did a wonderful job at the Newtown Recreation Center, should be referred to the Administration for a recommendation. Commissioner Atkins agreed. City Manager McNees asked for clarification if the issue is to determine the County's process for naming public facilities. Commissioner Atkins stated that the County has begun the process for naming the community center at Newtown Estates; that BOOK 55 Page 26858 01/20/04 2:30 P.M. BOOK 55 Page 26859 01/20/04 2:30 P.M. recommendations are being solicited from County residents; that City residents are not being solicited for names. City Manager McNees stated that a proposal can be developed for the Commission's endorsement. Commissioner Servian asked if a deadline exists? Commissioner Atkins stated that the deadline is in four weeks; that the County was concerned with the naming of the community center at Newtown Estates; that his interest is in the Newtown Recreation Center. Mayor Palmer stated that naming certain facilities differently is supported. B. stated that the names of people and organizations interested in organizing parades are being solicited sO an active organization can be created. Mayor Palmer stated that Commissioner Atkins announced at the Dr. Martin Luther King, Jr., celebration on January 19, 2004, anyone who considers complaining about the lack of an Easter or a Dr. Martin Luther King, Jr., Day parade should form a committee to plan the parade; that telling people to work for events rather than complain takes a lot of courage. VICE MAYOR MARTIN: A. distributed a copy of a November 17, 2003, correspondence from Susan Scott, Deputy County Administrator, to the Sarasota Board of County Commissioners (BCC) outlining the work plan for an affordable housing work group established by the County; and stated that at the September 15, 2003, joint meeting with the BCC, the City Commission indicated a desire to be included in the effort; that the working group has been formed; that a facilitator has been hired; that the concern was to assure the City participated in the process; that County Staif has contacted City Staff; that City Staff from the Newtown Redevelopment Office agreed to participate with the work group which will be meeting approximately eight times, every other Wednesday for about three hours; that the Commission should consider who else should represent the City and the position which should be taken. Mayor Palmer stated that the involvement with the work group is important; that a concern is the commitment of City Staff time; and asked for comment from the Administration. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that City Staff has discussed the work groupi that the conclusion was the City has made more progress than the County in at least defining affordable housing; that a meeting was to be scheduled with the County to determine if the City and the County agree on the definition of affordable housing; that City Staff is attempting to schedule a meeting with County Staff. Mayor Palmer stated that a report should be provided to the Commission. B. stated that a status report concerning the Farmers Market should be provided as soon as possible; that many citizens do not know the future of the Farmers Market and are, therefore, concerned; that personally not knowing the status is a concern as the Farmers Market is important to the Downtown and his constituents. C. stated that the status of the roof of the Van Wezel Performing Arts Hall (VWPAH) is of concern. Mayor Palmer stated that a contract has been issued to repaint the roof. Vice Mayor Martin stated that many real estate properties have been personally managed in the past; that continuing to see the VWPAH roof in the current state of disrepair months after the litigation has been settled is inexcusable; that the VWPAH roof must be repaired immediately; that information concerning any contract issued and an anticipated completion date should be provided. Mr. Schneider stated that information will be provided as soon as progress is made. Commissioner Servian asked if a contract has been issued? BOOK 55 Page 26860 01/20/04 2:30 P.M. BOOK 55 Page 26861 01/20/04 2:30 P.M. Mayor Palmer stated yes; that the VWPAH Executive Director indicated the action necessary to complete the repairs is in process; that the repainting should be completed within a month. Vice Mayor Martin stated that the intormation should be provided to the entire Commission. D. stated that funding for the neighborhood grant program has been lost; that the balance in the neighborhood grant program should be reviewed; that the future of the neighborhood grant program should be discussed. E. stated that a feasibility study or an assessment of removing the gazebo from Gillespie Park should be conducted; that the preference is for Gillespie Park to become more of a neighborhood than a regional park; that Gillespie Park should not be left vulnerable to large scale activities if Gifts From God relocates to a new location. City Manager McNees stated that the status of a new location for the Farmers Market is being negotiated with the Downtown Association of Sarasota and the Downtown Partnership of Sarasota; that the new location is not yet known; that the Administration is working hard for a timely resolution due to the Lemon Avenue construction project which would potentially disrupt the Farmers Market; however, a definitive answer has not been found nor an agreement reached regarding location; that the City is limited in the options available to resolve the situation. Mayor Palmer stated that several sites in the Downtown are being considered; that a meeting was held with interested parties last week; that a site on Orange Avenue is being considered along with a number of other sites; that finalization of the location is necessaryi that a number of organizations are asking for the status of a location for the Farmers Market. Mr. Schneider stated that two meetings have been held with the Executive Director of the Downtown Partnership; that apparently communication between the Downtown Partnership and the vendors is not optimal; that the vendors are uncertain as to the future; that the Downtown Partnership is the managing agent of the Farmers Market; that no direct contact with the vendors has occurred for approximately six or eight months at the time a Farmers Market representative was invited to attend weekly project coordination meetings; that the representative stopped coming to the meetings after four or five meetings; that the issue will be resolved as soon as possible. Mayor Palmer stated that a status report concerning the Farmers Market should be provided. Commissioner Servian asked if a contract exists between the Farmers Market and the one of the Downtown associations? Mr. Schneider stated that contracts existed between the vendors and the Downtown Association but have expired. Commissioner Servian stated that one option presented was the Farmers Market may become a separate organization and manage the operation; that the City may have to begin handling the business with the vendors; that the Farmers Market cannot be allowed to deteriorate; that fewer and fewer vendors are present at the Farmers Market in the last few weeks, which does not look good; that questions are beginning to arise. Mayor Palmer stated that the negotiations are an effort to bring the parties together. Mr. Schneider stated that the City has been the enabler and not the manager of the Farmers Market, which will continue until the matter is resolved. Mayor Palmer stated that action should be taken quickly and prior to commencement of the construction on Lemon Avenue. Vice Mayor Martin stated that information is required; that many personal constituents are affected; however, information is not being provided. Commissioner Bilyeu stated that the concern regarding the Farmers Market is shared; that hopefully, the situation can be resolved with the assistance of the Downtown Partnership and the vendors; that a place should be found for the Farmers Market as soon as possible; that the hard work of V. Peter Schneider, Deputy City Manager, is appreciated. City Manager McNees stated that many constituents are interested in the outcome concerning the Farmers Market which necessitates keeping everyone apprised of the developing situation; that the same is true for the VWPAH roof. BOOK 55 Page 26862 01/20/04 2:30 P.M. BOOK 55 Page 26863 01/20/04 2:30 P.M. COMMISSIONER SERVIAN: A. stated that an increase in criminal behavior such as solicitation, open sexual behavior, and nudity is occurring at North Lido Beach and surrounding park; that a directional sign has been hand altered by adding the word 'nude" to the word "beach"; that the situation has been discussed with the Sarasota Police Department (SPD), which plans to increase patrols by Police Officers or Police Citizen Volunteers to assure an SPD presence in the area; that utilizing alternative terrain vehicles (ATVs) or beach buggies sO Police Officers can penetrate the wooded areas may be advantageous; that a grant or a donation can be explored to assist with funding for ATVs or other vehicles. COMMISSIONER BILYEU: A. stated that the renovations have begun at Arlington Park, which is exciting. B. stated that a new school may be developed in the Pine View area; that concern about the possibility of students bringing weapons to school was expressed by some residents; that the concern was discussed with a representative of the School Board of Sarasota County, who will provide a summary of planned safety precautions; that the summary will be provided the Commission; that due to the interlocal agreement, a proposal will be brought before the Commission for consideration; that a representative of the School Board will be present at the January 2004 meeting of the Paver Park Neighborhood Association to discuss the issue; that the hope is to arrange for all the affected neighborhood associations to hear from representatives of the School Board prior to development of any site plan. MAYOR PALMER: A. stated that appreciation is expressed to Rudy Vazmina, Executive Director, Sarasota Housing Authority (SHA), for the excellent leadership skills displayed in preparing the application for the HOPE (Housing Opportunities for People Everywhere) VI grant; that the work of all the groups involved is appreciated. B. stated that the trees on Main Street block the lights, causing Main Street to be dark up to the Hollywood 20 Theater; that brighter lights should be considered to improve the lighting. C. stated that some problems exist with the sidewalks near the bridge over Whitaker Bayou, which should be resolved. D. stated that significant dissatisfaction concerning the possible dredging of the Whitaker Bayou has been heard from residents of the Indian Beach/Sapphire Shores neighborhood; that the Administration should investigate the situation; that the City's name is being presented in the neighborhood as being the source of information and estimates concerning cost. E. referred to an informational brochure and application concerning the 2004 City Cultural Diversity Awards of the National Black Caucus of Local Elected Officials of the National League of Cities distributed prior to the meeting and stated that each application submittal costs $300, which is unusual; that the City's activities regarding the adoption of the amendment to the City of Sarasota Charter (1996) prohibiting discrimination would be an excellent submission; that submissions are due by February 4, 2004; that the information has been provided to the that City Staff indicated the Administratign S submission could LRs completed by the deadline; that knowing the Administration's position concerning the issue would be helpful; that the City's activities concerning nondiscrimination involved amending the City's Charter, not just creating a board. City Manager McNees stated that the information has not yet been reviewed; however, an application can be submitted. Commissioner Atkins stated that the information was previously reviewed and is an interesting concept; that several ideas for submission were considered; however, one application should be submitted as multiple applications are costly; that the City should be recognized for the activities concerning the ondiscrimination amendment to the City's Charter. BOOK 55 Page 26864 01/20/04 2:30 P.M. BOOK 55 Page 26865 01/20/04 2:30 P.M. Mayor Palmer stated that the City has been instrumental in the COEXISTENCE Exhibition and the Sarasota Openly Addresses Racism SOAR) initiative; that hearing the Commission's agreement, the Administration should submit an application for the City's activities associated with the nondiscrimination amendment for the 2004 City Cultural Diversity Awards. City Manager McNees stated that other related activities can be connected in the application. Mayor Palmer stated that caution must be exercised as the information clearly indicates each application must address only one issue. Commissioner Atkins stated that other activities helped assure passage of the nondiscrimination amendment. Mayor Palmer stated that City Auditor and Clerk Billy Robinson left work early due to illness and was, therefore, not able to be present at the meeting. 23. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XVII) CD 1:02 through 1:05 DEPUTY CITY AUDITOR AND CLERK MCGOWAN: : A. stated that a Commission Workshop concerning the Bobby Jones Golf Course is scheduled for January 26, 2004, beginning at 4:00 p.m., followed by a Special Commission meeting to adjourn into an attorney-client session. 24. ADJOURN (AGENDA ITEM XVIII) CD 1:06 There being no further business, Mayor Palmer adjourned the Regular meeting of the City Commission of January 20, 2004, at 1:06 a.m. January 21, 2004. a - a > LOU ANN R. PALMER, MAYOR ATTEST: 3illy E Rebe - a C8-ds BILLY E, CROBINSON, CITY AUDITOR AND CLERK