BOOK 51 Page 22567 02/04/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 4, 2002, AT 6:00 P.M. PRESENT: Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Mayor Carolyn J. Mason PRESIDING: : Vice Mayor Quillin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JANUARY 2002, MICHAEL E. JENKINS, SYSTEMS INTEGRATION ANALYST I, POLICE DEPARTMENT #1 (0000) through (0215) CD 6:00 through 6:05 Vice Mayor Quillin requested that Michael McNees, City Manager, Gordon Jolly, Chief of Police, James Schultz, Captain, and Michael Jenkins, Systems Integration Analyst I, Sarasota Police Department (SPD), and Employee of the Month for January 2002, join her at the Commission table. Chief Jolly stated that Mr. Jenkins is a Staff member of SPD's Management Information Systems (MIS) Department, is always helpful to co-workers and courteous in his dealings with all City employees regardless of the nature, needs, or problems requiring a solution, has been instrumental in training many new MIS Department co-workers, and is frequently called upon to resolve many crises with SPD's computer network; that SPD recently experienced significant problems with the VISION records management database; that Mr. Jenkins provided important assistance in facilitating the change from the VISION records management database to the Integrated Computer Aided Design, Inc. (ICAD), records management database; that the process of changing databases produced many conflicts and problems with SPD's computer network; that Mr. Jenkins was instrumental in resolving the majority of the conflicts and problems; that recognizing Mr. Jenkins as the January 2002 Employee of the Month is considered a personal honor. City Manager McNees stated that Mr. Jenkins is an employee who always performs any required task and does not perform only his assigned functions or responsibilities but willingly assumes other tasks as well; that Mr. Jenkins' dedication and hard work are appreciated. Captain Schultz stated that recognizing Mr. Jenkins as the January 2002 Employee of the Month is considered an honor; that Mr. Jenkins is responsible for ensuring the proper operation of the SPD computer network, which is a very difficult and challenging responsibility; that SPD currently utilizes several different computer systems and programs; that integrating SPD's various computer systems and programs to a single computer network is very difficult and requires significant expertise; that Mr. Jenkins is frequently called upon to resolve problems with SPD's computer network; that Mr. Jenkins' service to SPD is deeply appreciated. Vice Mayor Quillin presented Mr. Jenkins with a plaque, a certificate, and a City-logo watch as the January 2002, Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Jenkins stated that the recognition as the January 2002 Employee of the Month is considered an honor; and recognized the following family members present in the audience: Vernone Jenkins, father, and Jacqueline Jenkins, mother 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0215) through (0260) CD 6:05 through 6:06 City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. III-A-1, concerning the Renewal of Financial Advisor Consulting Agreement between the City of Sarasota and John Haylett & Co., Inc., for a three-year extension, per the request of Finance Director Mitchell BOOK 51 Page 22568 02/04/02 6:00 P.M. BOOK 51 Page 22569 02/04/02 6:00 P.M. City Manager McNees presented the following Change to the Orders of the Day: B. Remove under Consent Agenda No. 1, Item No. III-A-5, concerning the Contract and Agreement between the City of Sarasota and Open Software Solutions, Inc., to purchase a mobile software product and license to operate the mobile computer from the Police Patrol vehicles, per the request of Chief Jolly On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 3. BOARD ACTIONS RE: REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY REPORT OF JANUARY 2, 2002 - SET PROPOSED ORDINANCE NO. 02-4347 FOR PUBLIC HEARING; REFERRED THE STATUS OF THE OSPREY AVENUE MID-BLOCK CROSSWALK TO THE ADMINISTRATION FOR FURTHER ANALYSIS AND A REPORT; AND RECEIVED REPORT (AGENDA ITEM II-1) #1 (0260) through (0455) CD 6:06 through 6:12 Jane Robinson, Director of Planning, came before the Commission, and presented the following items from the January 2, 2002, Planning Board/Local Planning Agency (PBLP) meeting: A. Zoning Text Amendment Application No. 01-ZTA-05 Regulations for encroachments into Public Rights-of- Way Ms. Robinson stated that at its November 7, 2001, meeting, the PBLP held an initial public hearing to consider Zoning Text Amendment Application No. 01-ZTA-05 as incorporated in proposed Ordinance No. 02-4347 which provides regulations and criteria for allowing encroachments into public rights-of-way; that certain revisions were requested to proposed Ordinance No. 02-4347; that at its January 2, 2002, Regular meeting, the PBLP found proposed Ordinance No. 02-4347, as revised, consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the Standards for Review set forth in Section IV-1206, Zoning Code (1998 ed.), and voted unanimously to recommend Commission approval. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to set proposed Ordinance No. 02-4347 for public hearing. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. Vice Mayor Quillin stated that Agenda backup material for the current item was only provided immediately prior to the current meeting but should have been provided much earlier. B. Major Conditional Use Application No. 02-CU-01 Site Plan Application No. 02-SP-05 The Boys and Girls Club of Sarasota County, Inc. (Boys and Girls Club) C. Government (G) Zone Waiver Application No. 02-GZW-01 Boys and Girls Club Ms. Robinson stated that Major Conditional Use Application No. 02-CU-05, and Site Plan Application No. 02-SP-05 as incorporated in proposed Resolution No. 02R-1462 are for approval to demolish and replace the existing Boys and Girls Club, which is located at 3100 Fruitville Road; that G Zone Waiver Application No. 02-GZW-01 is incorporated in proposed Resolution No. 02R-1461 is to approve a waiver from the provision of 18 paved on-site parking spaces upon the leasehold of the Boys and Girls Club out of a total of the 138 required parking spaces; that the 18 waived parking spaces will be reverted to greenspace and located on the. southern portion of the leasehold; that at its January 22, 2002, meeting, the PBLP found proposed Resolution Nos. 02R-1461 and 02R-1462 consistent with the City's Comprehensive Plan, the Tree Protection Ordinance and the Standards for Review set forth in Sections IV-906, IV-506, and Section IV-1706(B), Zoning Code (1998 ed.), and voted unanimously to recommend Commission approval subject to the following conditions: 1. The Boys and Girls Club shall be constructed in conformity with Site Plan No. 02-SP-05 date stamped December 19, 2001, with the exception of the Pompano Avenue driveway entrance which may be relocated as a result of the closure of the median on Fruitville Road at the intersection of Pompano Avenue by the Florida Department of Transportation (FDOT). . 2. The approval of Major Conditional Use Application No. 02-CU-01 and Site Plan Application No. 02-SP-05 is BOOK 51 Page 22570 02/04/02 6:00 P.M. BOOK 51 Page 22571 02/04/02 6:00 P.M. contingent upon final approval by the Commission of Zone Waiver Application No. 02-GZW-01. 3. A traffic study may be required by the Engineering Department and the Applicant shall be held responsible for any associated costs in the event the Engineering Department determines the traffic circulation at the Project driveway is congested or could pose a safety hazard. The traffic study shall identify measures to improve traffic circulation and safety. 4. The Applicant acknowledges the Sarasota County Fairgrounds is embarking on the preparation of a master plan and agrees to participate with the Fairgrounds and the City in the master planning process. Vice Mayor Quillin stated that proposed Resolution Nos. 02R-1461 and 02R-1462. will be considered under Consent Agenda No. 2. D. Osprey Avenue Mid-Block Crosswalk between Hillview and Hyde Park Streets Ms. Robinson stated that at its January 22, 2002, meeting, significant discussion occurred concerning the Osprey Avenue Mid-Block Crosswalk; that the PBLP unanimously recommended the Commission approve eliminating the Osprey Avenue Mid-Block Crosswalk or replacing the existing angled parking spaces on Osprey Avenue with parallel parking spaces; that a significant number of accidents have occurred at the Osprey Avenue Mid-Block Crosswalk, which Staff and the PBLP consider unsate; that additional signage should be installed requiring vehicles to yield for pedestrians if the Commission decides to maintain the Osprey Avenue Mid-Block Crosswalk; that installing parallel parking spaces will increase drivers' ability to see pedestrians entering and utilizing the Osprey Avenue Mid-Block Crosswalk; that the PBLP unanimously recommended referring the status of Osprey Avenue Mid-Block Crosswalk to the Administration for further analysis. On motion of Commissioner Servian and second of Commissioner Palmer, it was moved to refer the status of the Osprey Avenue Mid-Block Crosswalk to the Administration for further analysis and a report. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. E. Bayfront Mooring Field Ms. Robinson stated that at its January 22, 2002, meeting, the PBLP also discussed the status of the Bayfront Mooring Field; that a concern was the safety of the Bayfront due to the moored boats; that many boats moored at the Bayfront have become derelict; that the PBLP unanimously recommended developing an ordinance to regulate mooring at the Bayfront Mooring Field. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Commission previously authorized the Administration to discuss the potential management of the Bayfront Mooring Field with Marina Jack; that several meetings have occurred between the Administration, Staff, and representatives of Marina Jack to discuss the management of the Bayfront Mooring Field; that the Commission also directed the Administration to hold similar discussions with O'Leary's Coastal Rentals, Inc. (O'Leary's); that an agreement will be developed after discussions are concluded with Marina Jack and O'Leary's; that an initial report will be provided to the Commission after the agreement is initially drafted. Vice Mayor Quillin asked when the report will be provided to the Commission? Mr. Schneider stated March 2002. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the board report of the January 2, 2002, Regular PBLP meeting. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 4. BOARD ACTIONS RE: REPORT RE: HISTORIC PRESERVATION BOARD REPORT OF JANUARY 8, 2002 - APPROVED POLICY FOR HISTORIC DESIGNATION FOR INTERIORS OF HISTORIC STRUCTURES; REFERRED REQUEST FOR HISTORIC DESIGNATION OF THE CITY WATER WORKS BUILDING TO THE ADMINISTRATION, AND RECEIVED REPORT (AGENDA ITEM II-2) #1 (0455) through (0585) CD 6:12 through 6:16 Christopher Wenzel, Chair, Historic Preservation Board, and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Wenzel stated that he was recently elected Chair of the Historic Preservation Board for 2002; and presented the BOOK 51 Page 22572 02/04/02 6:00 P.M. BOOK 51 Page 22573 02/04/02 6:00 P.M. following items from the January 8, 2002, Historic Preservation Board meeting: A. Policy for Historic Designation for Interiors of Historic Structures Mr. Little stated that at its January 8, 2002, meeting, the Historic Preservation Board unanimously approved the Policy for Historic Designation for Interiors of Historic Structures concerning the preservation of the interior elements of a historic structure. Commissioner Palmer asked if the Policy for Historic Designation for Interiors of Historic Structures is a policy decision or statement which requires Commission adoption of an ordinance to enforce? Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that the Policy for Historic Designation for Interiors of Historic Structures is only a policy statement and does not require Commission adoption of an ordinance for enforcement purposes; that the policy statement indicates the manner in which the City's existing regulations concerning historic designations will be applied; that applicants for historical designations will be allowed to choose to not designate the interior of a home if desired. City Attorney Taylor stated that the recommendation is to approve the Policy for Historic Designation for Interiors of Historic Structures. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve the Policy for Historic Designation for Interiors of Historic Structures. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. B. Historic Designation of the City Water Works Building Mr. Little stated that at its January 8, 2002, meeting, the Historic Preservation Board discussed the current status of the City Water Works Building, which is in disrepair and requires significant capital improvements, and unanimously recommended the City pursue historic designation of the City Water Works Building. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to refer the request of the Historic Preservation Board for historic designation of the City Water Works Building to the Administration for consideration in conjunction with the Commission's actions of the January 7, 2002, Regular Commission meeting. Motion carried unanimously (4 to 0): Martin; yes; Palmer, yes; Servian, yes; Quillin, yes. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the board report of the January 8, 2002, Historic Preservation Board meeting. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 5. REPORT RE: : PUBLIC ART COMMITTEE REPORT OF JANUARY 9, 2002 APPROVED PUBLIC ART FUND EXPENDITURES OF $2,500 FOR CONSULTANT SERVICES FOR REPAIR AND MAINTENANCE SPECIFICATIONS AND $3,000 FOR MINOR REPAIRS TO PUBLIC ART; REFERRED THE POLICY FOR THE PUBLIC ART LOAN PROGRAM TO THE PUBLIC ART COMMITTEE FOR FURTHER DISCUSSION; AND REÇEIVED REPORT (AGENDA ITEM II-3) #1 (0585) through (0915) CD 6:16through 6:26 Pamela Sumner, Chair, Public Art Committee, and John Burg, Chief Planner, Planning Department, came before the Commission. Ms. Sumner presented the following items from the January 9, 2002, Public Art Committee meeting: A. Public Art Consultant Services for Repair and Maintenance Specifications Ms. Sumner stated that at its January 9, 2002, meeting, the Public Art Committee unanimously recommended Commission approval of an expenditure of $2,500 from the Public Art Fund for consultant services for the preparation of specifications for the maintenance and repair of City-owned public art; that developing a maintenance and repair program for the City's public art is an important goal of the Public Art Committee; that a plan was implemented to develop and adopt a maintenance and repair program in four phases; that the first phase was recently completed and included conducting an inventory and condition survey of all pieces of public art in the City; that the second phase consists of consulting with artists and experts BOOK 51 Page 22574 02/04/02 6:00 P.M. BOOK 51 Page 22575 02/04/02 6:00 P.M. concerning the required maintenance of certain types of art; that the third phase consists of developing a budget process for the maintenance and repair program; that the final phase consists of implementing a budget for the maintenance and repair program. Ms. Sumner continued that Public Art Committee members and Planning Department Staff conducted the inventory and surveyi that each City-owned public artwork was photographed and described in a detailed condition report; that the City's collection consists of 38 public artworks; that the survey and inventory also included the City's historical monuments and markers, public fountains, the John Ringling Collection of public artworks on display at St. Armands Circle, and privately- owned artworks created and publicly displayed as required for new developments in the City; that the Public Works Department Staff maintains the City's public art, monuments, markers, public fountains, and the John Ringling Collection of public artworks very well; that the current item is a request to proceed with the second phase of developing the maintenance and repair program by obtaining the services of various consultants to provide input concerning the maintenance of different types of artwork; that the requested consultant services are also required to prepare specifications to seek competitive bids for the maintenance and repair of certain pieces of public art. Ms. Sumner further stated that the Public Art Committee previously budgeted the requested $2,500 from the Public Art Fund for the development of the maintenance and repair program; that the consultants' input will be utilized to develop specific guidelines for the maintenance and repair of public artworks based on the types or materials of the art; that each public artwork provided to the City has unique maintenance requirements; that experts must be consulted to ensure the City's public art is properly maintained for future generations; that the proposed categories for the maintenance and repair programs are bronze, hammered bronze and copper, aluminum, concrete and stone, steel, and mixed media; that each category requires unique maintenance specifications; that the intent is to develop and present the maintenance and repair program to the Commission for approval during April 2002; that the Public Art Committee unanimously recommended Commission approval of the expenditure of up to $2,500 from. the Public Art Fund to obtain consultant services for the preparation of specifications for the maintenance and repair of the City's public art. Commissioner Palmer asked the Administration's recommendation? City Manager McNees stated that the Administration recommends approving the expenditure of up to $2,500 from the Public Art Fund to obtain consultant services for the preparation of specifications for the maintenance and repair of the City's public art. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve the expenditure of $2,500 from the Public Art Fund to obtain consultant services for the preparation of specifications for the maintenance and repair of the City's public art. Commissioner Martin stated that the survey and inventory should be provided to the Commission; and asked if the $2,500 is requested only to obtain consultant services to develop the specifications for the maintenance and repair of the proposed categories of public artworks? Ms. Sumner stated yes. Commissioner Martin asked if the $2,500 will be sufficient to develop maintenance and repair specifications for six different categories of public artworks? Ms. Sumner stated yes. Vice Mayor Quillin asked if the budget of the Public Art Committee was approved by the Commission? Ms. Sumner stated that the Commission approves a certain amount of funding for the Public Art Fund for each fiscal year; that the Public Art Committee prepares an annual informal budget for the funds appropriated by the Commission to the Public Art Fund; that developing a maintenance and repair program is a very important goal of the Public Art Committee; that a significant portion of the funds appropriated to the Public Art Fund for the current fiscal year were reserved specifically to develop and implement the maintenance and repair program; that a budget request will be prepared for the maintenance and repair program for the annual City budget. Vice Mayor Quillin stated that developing a maintenance and repair program, is supported and called for a vote on the motion to approve the expenditure of $2,500 from the Public Art Fund to obtain consultant services for the preparation of specifications for the maintenance and repair of the City's public art. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. BOOK 51 Page 22576 02/04/02 6:00 P.M. BOOK 51 Page 22577 02/04/02 6:00 P.M. B. Public Art Funds for Minor Repairs Ms. Sumner stated that at its January 9, 2002, meeting, the Public Art Committee unanimously recommended Commission approval of an expenditure of $3,000 from the Public Art Fund for minor repairs to certain pieces of public art with each repair not to exceed $1,000 and approved by the Public Art Committee; that minor repairs are required to the public artworks entitled "Mr. Red,' I "The Duffer, I and "Exotic 10"; that minor repairs currently require the Commission's approval; that significant time passes prior to presentation to the Commission for approval; that the intent is to allow the Public Art Committee to approve funding for minor repairs as soon as possible; that each expenditure for a minor repair will not exceed $1,000. City Manager McNees stated that the Administration recommends approving the expenditure of $3,000 from the Public Art Fund for minor repairs to certain pieces of public art with each repair not to exceed $1,000 and approved by the Public Art Committee. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the expenditure of $3,000 from the Public Art Fund for minor repairs to certain pieces of public art with each repair not to exceed $1,000 and approved by the Public Art Committee. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. C. Policy for the Public Art Loan Program Mr. Burg stated that at its January 9, 2002, meeting, the Public Art Committee unanimously approved the proposed Public Art Loan Program, which was developed in response to requests from various artists; however, Indian Beach/Sapphire Shores Neighborhood residents subsequently indicated many concerns and issues with the proposed Public Art Loan Program which should be discussed further by the Public Art Committee; that the recommendation is to refer the Policy for the Public Art Loan Program to the Public Art Committee for further discussion. Vice Mayor Quillin asked the reason the item was not removed from the Agenda instead of recommending a motion to refer to the Public Art Committee for further discussion? Mr. Burg stated that the citizens only raised the concerns with Staff recently; that an opportunity to hold a Public Art Committee meeting to discuss the issues was not possible prior to the current Commission meeting. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to refer the Policy for the Public Art Loan Program to the Public Art Committee for further discussion. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to receive the board report of the January 9, 2002, Public Art Committee meeting. Motion carried unanimously (4 to 0): : Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 6. REPORT RE: : NUISANCE ABATEMENT BOARD QUARTERLY STATUS REPORT FOR THE PERIOD ENDING DECEMBER 31, 2001 = RECEIVED REPORT (AGENDA ITEM II-4) #1 (0915) through (0990) CD 6:26 through 6:28 Ronald Spangler, Chair, Nuisance Abatement Board (NAB), and James Siegfried, Attorney, City Attorney's Office, came before the Commission. Mr. Spangler referred to the Nuisance Abatement Board Quarterly Status Report for the period ending December 31, 2001 (Quarterly Report), and stated that at its January 10, 2002, meeting, the NAB approved submitting the Quarterly Report to the Commission; that between October 1 and December 31, 2001, the NAB facilitated 14 updates to pending cases and held five hearings; that during 2001, the NAB facilitated 54 updates and held 26 hearings; that during January 2002, the NAB facilitated nine updates and held three hearings. Commissioner Palmer stated that the NAB's efforts to resolve nuisances in the City are deeply appreciated; that in particular, the NAB's efforts to resolve the continuing nuisances at the Maple Manor Apartments are appreciated. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the Nuisance Abatement Board Quarterly Status Report. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. BOOK 51 Page 22578 02/04/02 6:00 P.M. BOOK 51 Page 22579 02/04/02 6:00 P.M. 7. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, 4, 6, 7, 8, AND 9 - APPROVED (AGENDA ITEM III-A) #1 (0990) through (1030) CD 6:28 through 6:29 2. Approval Re: Report of the Citizen Tax Oversight Committee on the Penny Sales Tax Extension 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Local Agency Program Agreement between the City of Sarasota and the State of Florida Department of Transportation, for $1,236,820 for the Bayfront Multi-Use Recreational Trail (MURT) Project 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Upman's Wrecker Service, Inc., (Bid #99- 76L) for towing services beginning February 7, 2002, and continuing on a month to month basis until such time that a new Wrecker Bid is established and awarded 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Contract for Consultant Services between the City of Sarasota and Scheda Ecological Associates, Inc., for habitat restoration projects for the Sarasota Bay National Estuary Program (SBNEP) 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to Lease Agreement between the City of Sarasota and Nordvik Corporation, to extend the term of the lease for another year with the option to extend on a month-to-month basis for an additional six-month period, for the space occupied by the Sarasota Bay National Estuary Program 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Ronald W. Mathis, for water and sewer services for three undeveloped sites currently addressed as 2091 and 2095 30th Street and an additional lot on 31st Way 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Eighth Amendment to Agreement between the City of Sarasota and Gary B. Hoyt, AIA, P.A., for Phase IX architectural and construction servicès for historic preservation and renovations of the Municipal Auditorium On motion of Commissioner Martin and second of Commissioner Servian, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, 4, 6, 7, 8, and 9. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1452) ADOPTED; ITEM 2 (RESOLUTION NO. 02R-1462) - ADOPTED; ITEM 3 (RESOLUTION NO. 02R-1461) - ADOPTED; ITEM 4 (RESOLUTION NO. 02R-1464) = ADOPTED; ITEM 5 (RESOLUTION NO. 02R-1465) = ADOPTED; ITEM 6 (RESOLUTION NO. 02R-1468) = ADOPTED; ITEM 7 (RESOLUTION NO. 02R-1469) - ADOPTED; ITEM 8 (RESOLUTION NO. 02R-1470) - ADOPTED (AGENDA ITEM III-B) #1 (1030) through (1215) CD 6:29 through 6:34 1. Adoption Re: Proposed Resolution No. 02R-1452 authorizing the Mayor, on behalf of the City of Sarasota, Florida to execute the agreement between the State of Florida, Department of Community Affairs and the City of Sarasota for disaster relief funding; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 02R-1462 to approve Major Conditional Use Application 02-CU-01 and Site Plan Application 02-SP-05 to allow a leasehold use in the Governmental Use (G) Zone District consisting of a community recreation center and associated offices to be operated by the Boys and Girls Club of Sarasota County, Inc. located at the leasehold at 3100 Fruitville Road; said Major Conditional Use to be located on a parcel of property owned by Sarasota County and leased to the Boys and Girls Club of Sarasota County, Inc., a Florida not-for-profit corporation; said property being generally located on +12 acres easterly of the Sarasota County Fairgrounds; said Major Conditional Use is required to be constructed in accordance with Site Plan Application 02-SP-05; setting forth terms and conditions of this conditional use; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 02R-1461 to approve G Zone Waiver Application 02-GZW-01 applicable to required on-site paved parking requirements for a proposed community recreation center and associated offices to be operated upon property owned by Sarasota BOOK 51 Page 22580 02/04/02 6:00 P.M. BOOK 51 Page 22581 02/04/02 6:00 P.M. County and leased to the Boys and Girls Club of Sarasota County, Inc., in the Governmental Use (G) Zone District, as described in Site Plan Application 02-SP-05; approving a waiver from the provision of 18 paved on- site parking spaces upon the leasehold out of a total of 138 paved parking spaces required by the Zoning Code (1998 ed.); setting forth terms and conditions for the approved G zone waiver; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 02R-1464 accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 5. Adoption Re: Proposed Resolution No. 02R-1465 accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against all real or personal property owned by the violator for the amount stated therein; etc. (Title Only) 6. Adoption Re: Proposed Resolution No. 02R-1468 authorizing the Mayor, on behalf of the City of Sarasota, Florida to execute the local agency program agreement between the State of Florida, Department of Transportation and the City of Sarasota for the Bayfront Multi-use Recreational Trail; etc. (Title Only) 7. Adoption Re: Proposed Resolution No. 02R-1469 appropriating $59,071 from the Special Law Enforcement Trust Fund (Forfeitures) to provide funds for the cost of startup, phone and data installation and the first year recurring and maintenance costs for the Sarasota Police Department Professional Standards Division offices; etc. 8. Adoption Re: Proposed Resolution No. 02R-1470 setting forth the location of the polling places; names of clerks, inspectors and officers, for the March 12, 2002, Special Referendum of the City of Sarasota; for the purpose of determining whether or not the charter of the City of Sarasota shall be amended to change the form of municipal government; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 02R-1452, 02R-1462, 02R-1461, 02R-1464, 02R-1465, 02R-1468, and 02R-1470, by title only and proposed Resolution Nos. 02R-1469 in its entirety. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 8, inclusive. Vice Mayor Quillin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Quillin, yes; Palmer, yes; Servian, yes. Vice Mayor Quillin requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains; and repeated for the benefit of those present in the Chambers the Pledge of Public Conduct as adopted by the Commission as follows: We may disagree, but we will be respectful to one another. We will direct all comments to issues. We will avoid personal attacks. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. CONTINUED NON QUASI-JUDICTAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4342, AUTHORIZING THE CREATION OF SPECIAL NEIGHBORHOOD IMPROVEMENT DISTRICTS PURSUANT TO SECTION 163.511, FLORIDA STATUTES, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF SARASOTA, FLORIDA; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (1215) through #2 (0795) CD 6:34 through 7:51 Vice Mayor Quillin stated that the public hearing concerns proposed Ordinance No. 01-4342, is a continuation from the January 22, 2002, Regular Commission meeting, and is to approve general enabling regulations allowing the creation of Special Business and Residential Neighborhood Improvement Districts (NIDS) in the City. BOOK 51 Page 22582 02/04/02 6:00 P.M. BOOK 51 Page 22583 02/04/02 6:00 P.M. Michael Connolly, Attorney, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 01-4342 was not properly described on the Agenda of and was therefore continued from the January 22, 2002, Regular Commission meeting; that the Agenda of the January 22, 2002, Regular Commission meeting indicated only Residential NIDS were being considered; that proposed Ordinance No. 01-4342 is to approve allowing Business and Residential NIDS in the City. Commissioner Servian asked if any other NIDS are currently operating in Florida? Attorney Connolly stated yes; that a Residential NID is operating in DeBary, Florida. Commissioner Servian asked if any Business NIDS are operating in Florida? Attorney Connolly stated no. . Vice Mayor Quillin opened the public hearing. The following people came before the Commission: Paul Thorpe, 1818 Main Street (34236), Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), stated that the Downtown Association supports the adoption of proposed Ordinance No. 01-4342 to allow the creation of Business and Residential NIDS in the City; that NIDS will provide a valuable tool with which local neighborhood residents, property owners, and businesses can significantly improve an area in the City. Jack Peffley, 4737 Sarasota Avenue (34231), stated that approximately one year ago, the local community celebrated the 75th Anniversary of St. Armands Circle; that the City provided funding for the activities of the St. Armands Circle 75th Anniversary Celebration; that attracting sponsors and obtaining other funding for the St. Armands Circle 75th Anniversary Celebration was challenging and required significant time and efforts; that the City provided $9,000 in in-kind services of the Sarasota Police Department and Public Works Department Staffs; that the St. Armands Circle 75th Anniversary Celebration was considered a success in the community; however, a Business NID could have provided the required funding and support for the St. Armands Circle 75th Anniversary Celebration; that proposed Ordinance No. 01-4342 is supported, should be adopted, and will allow neighborhoods and businesses to generate significant funds for improvements and important community events. Martin Rappaport, 1241 Tree Bay Lane (34232), Executive Director, and Sam Norton, 4648 Stoneridge Trail (34232), Attorney, law firm of Norton, Gurley, Hammersley and Lopez, Professional Association, representing the Commercial Landowners Association of St. Armands, Inc. (CLAS) Attorney Norton stated that CLAS consists of property owners of commercial businesses located in the Commercial, Tourist (CT) Zone District on St. Armands Circle and supports adoption of proposed Ordinance No. 01-4342; that Business and Residential NIDS will allow neighborhood residents and local businesses to obtain funding for desired improvements and services through additional ad valorem or non-ad valorem tax assessments; that proposed Ordinance No. 01-4342 concerns only general enabling regulations allowing the creation of NIDS in the City; that a specific ordinance must be adopted by the Commission to create a particular NID; that the Commission can limit the powers of a NID as desired, will appoint the members to the Board of Directors of the NID, and will approve the millage rate for each NID; that legal authority and power will be vested with the Commission; that NIDS will be required to continue to comply with the City's regulations; that a NID is only a mechanism to fund the construction of additional improvements or the provision of additional services. Mr. Rappaport read from a prepared statement indicating that he has paid taxes to the City for 14 years and will pay over $100,000 in local taxes during the current year for real estate owned in the City; that many other property owners pay similar amounts for local taxes and expect a certain level of public service and capital improvements; however, the City's resources are limited; that expecting a certain amount of public services and capital improvements based upon the amount of local taxes paid is an unreasonable expectation; that Federal and State funding for local projects is anticipated to decrease due to a refocusing of funding priorities towards defense and anti- terrorism programs at the expense of education programs and local redevelopment projects; that NIDS are a means by which neighborhoods and businesses can levy additional tax assessments to fund desired improvements and services; that the additional tax assessments will only be levied upon property owners in the defined boundaries of the NID and will only be utilized to improve the properties in the NID; that any neighborhoods adjacent to a Business NID will not be negatively affected but BOOK. 51 Page 22584 02/04/02 6:00 P.M. BOOK 51 Page 22585 02/04/02 6:00 P.M. will be encouraged to emulate the success of the NID by similarly designating the neighborhood as a Residential NID; that NIDS will only stimulate interest in revitalizing and improving the City's neighborhoods and other important districts. Mr. Rappaport continued that Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes, provides significant safeguards for any concerned property owners or residents; that NIDS are only a mechanism to approve additional tax assessments to fund construction of desired capital improvements or to provide additional services; that many checks and balances are established on the powers of NIDs; that proposed Ordinance No. 01-4342 should be adopted and will allow the creation of an important tool to ensure the successful improvement and revitalization of many areas and neighborhoods in the City. Marlow Cook, 444 North Washington Boulevard (34236), read from a prepared statement indicating that allowing NIDS in the City requires additional time for further research and analysis; that the County, the City, and the Sarasota County School Board currently levy ad valorem tax assessments in the City; that allowing NIDS will bifurcate the authority of the City to levy ad valorem tax assessments; that NIDS are allowed a maximum rate of 2 mills, which will count against the City's maximum allowed millage rate of 10 mills; that NIDS with overlapping boundaries will significantly impact the ability of the City to levy ad valorem tax assessments; that 24 neighborhood associations are members of. the Coalition of City Neighborhood Associations (CCNA), which indicated support for allowing NIDS in the City; that each neighborhood association of the CCNA will attempt to form a Residential NID if proposed Ordinance No. 01-4342 is adopted; that many local businesses will seek designation in a Business NID. Mr. Cook continued that examples of Business Improvement Districts (BIDs) in New York City (NYC), New York, were utilized to generate support for allowing NIDS in the City; that the examples of NYC BIDS are not accurate; that the Speaker and Finance Chairman of the NYC Council recently conducted a study of the management, operations, and services of NYC BIDS; that the study revealed the East Brooklyn BID requested property owners to increase the tax assessment by $40,000 to cover the mismanagement and faulty budgeting by East Brooklyn BID staff; that the Grand Central Partnership Social Service Corporation (GCPSSC) employed staff to harass and assault homeless individuals and is now the defendant of two separate lawsuits alleging assault; that the Fifth Avenue BID failed to inform NYC Council staff of the existence of a lawsuit seeking $2 million and involving allegations of assault by Fifth Avenue BID staff; that the Jamaica Mall BID is suing former staff for mismanagement, fraud, and the illegal diversion of public funds; that the Graham Avenue and 165th Street BIDS made illegal loans to organizations which shared common board members; that any NYC BID can guarantee continued existence by issuing or incurring debt; that a recent survey indicated 55 percent of property owners and management did not believe NYC BID tax assessments were properly utilized; that 57 percent of property owners and managers were not aware of the exact individual or group responsible for managing the particular NYC BID. Mr. Cook further stated that two Commissioners recently opposed adoption of Ordinance No. 02-4358 concerning the height of single-family dwellings due to the requirement of a property owner to fund $150 for the screening of mechanical equipment; that opposing the imposition of unnecessary and burdensome costs is supported; that two NYC BIDS are being sued for actions involving prohibitions on the freedom of speech and for forcefully removing artists from NYC streets for displaying artworks; that the plaintiffs were successful in the lower courts; however, the NYC BIDS appealed the decision to the United States Supreme Court, which refused to hear the appeal; that non-resident property owners will not be allowed to vote in the referendum to approve a NID; that only freeholders and registered voters will be allowed to participate in the referendum; that NIDS will also be allowed to build, own, and operate any facilities required to fulfill goals and objectives; however, any property remaining after a NID is terminated will become the property of the affected local jurisdiction; therefore, all taxpayers of a local jurisdiction would be required to fund the continued maintenance of properties constructed by the terminated NID. Mr. Cook stated further that allowing NIDS in the City may generate significant conflict in the community; that the Sarasota County School Board is facilitating a referendum on March 19, 2002, to increase the millage rate of the ad valorem tax assessment; that allowing NIDS may decrease residents.' willingness to support the proposed increase of the Sarasota County School Board's millage rate during a time State and Federal funding for schools will be significantly reduced; that the quality of educational services provided by the Sarasota BOOK 51 Page 22586 02/04/02 6:00 P.M. BOOK 51 Page 22587 02/04/02 6:00 P.M. County School Board will be similarly reduced if funding is significantly reduced; that the City should be sure all potential legal questions, concerns, or implications are fully addressed and understood prior to allowing the creation of NIDS, which may generate significant conflict in the community. Ned Parsekian, 460 North Washington Boulevard (34236), representing the St. Armands Residents Association, stated that proposed Ordinance No. 01-4342 should not be adopted; that NIDS should not be allowed in the City; that the Commission will appoint members to any NID Board of Directors, which is not representative of the property owners and residents of a NID; that only the property owners and not the merchants or renters will be allowed to approve a Business NID; that the democratic rights of all the City's citizens must be preserved; that Staff previously indicated only a single Residential NID exists in Florida, which is not accurate; that the Florida League of Cities, Inc. (FLC), was recently contacted to discuss NIDS in Florida; that a FLC representative indicated Residential NIDs have been created in Fort Lauderdale, Opa Locka, Tarpon Springs, and Orange County, Florida; that insufficient research and analysis of NIDS has been conducted by Staff and the City Attorney's Office; that the City will be the first municipality in Florida to allow a Business NID if proposed Ordinance No. 01-4342 is adopted. Mr. Parsekian continued that Sarasota should not be compared to New York City (NYC); that the examples and characterizations provided of Business Improvements Districts (BIDs) in NYC are not accurate; that NYC BIDS are not as successful as previously depicted; that the intent of Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes, is to create NIDs to ensure the safety of and crime prevention in business and residential neighborhoods and not to fund the construction of capital or aesthetic improvements for tourist districts such as St. Armands Circle, which is not experiencing any problems with safety or crime; that examples of regulations concerning NIDS in other local jurisdictions have not been provided; that St. Armands Key has many residents who do not own or operate a business on St. Armands Circle and will be affected if the proposed Business NID is eventually created; that St. Armands Circle is a community asset maintained with the tax assessments levied on all City taxpayers; that allowing NIDS will disenfranchise the taxpayers not residing in the NID; that non- residents will be allowed to serve on the Board of Directors of a NID; that the National League of Cities should also be contacted to provide information concerning improvement districts nationwide; that proposed Ordinance No. 01-4342 should not be adopted until further research and analysis are devoted to allowing NIDS in the City. Raymond Shmalo, 7132 Rue de Palisades (34238), stated that he owns property on St. Armands Circle and serves on the CLAS Board of Directors; that his father opened a business on Main Street during the 1950s; that his father- and mother-in-law opened a business on Main Street during the 1930s; that his family has lived in the City or County for over 50 years; that the City has grown tremendously but has experienced difficult economic periods as well; that allowing NIDs in the City will allow residents and businesses to control the quality of service and the aesthetic character of a defined area; that the Commission will exercise significant control of any NID created in the City; that only property owners will pay the additional tax assessment if a NID is created; that proposed Ordinance No. 01-4342 should be adopted; that the proposed Business NID for St. Armands Circle should eventually be allowed and will assure St. Armands Circle is maintained for future generations. Bob Matatall, 1743 Southwood Street (34231), stated that NIDS are a tool to promote redevelopment efforts; that Business Improvement Districts (BIDs) are similar and have been utilized successfully in Boulder and Denver, Colorado, to improve important local business districts and neighborhoods; that BIDS were initially developed during the 1970s to provide urban merchants with a financial means to counteract the economic impact of large shopping malls; that over 2,000 BIDS exist nationwide; that Milwaukee, Wisconsin, utilized improvement districts to completely renovate the Downtown area within 10 that similar revitalization occurred in Denver and years; Boulder, Colorado; that BIDS allow local urban merchants to compete successfully with large shopping malls and shopping centers managed by a single corporation; that by adopting proposed Ordinance No. 01-4342, the Commission will be able to delegate responsibility, for managing a particular business district or neighborhood to a group of interested individuals dedicated to revitalization and economic renewal; that new and existing communities have utilized improvement districts successfully nationwide; that Woodlands, Texas, utilized a BID to promote local business and to provide security. Mr. Matatall continued that opponents of proposed Ordinance No. 01-4342 indicated NIDs create opportunities to facilitate BOOK 51 Page 22588 02/04/02 6:00 P.M. BOOK 51 Page 22589 02/04/02 6:00 P.M. local corruption; that the potential for corruption exists at every level of government in any city, county, state, or country; that local communities must be provided with every possible tool to stimulate redevelopment and revitalization and should be trusted to manage a NID reasonably and fairly; that the City should not limit the potential opportunities to promote redevelopment; that NIDS represent an important and valuable means to stimulate economic development and improvement; that the United States is currently experiencing a recession; that as a result, tourism has decreased significantly and is the primary economic stimulus for the City's economy; that the City should allow the creation of NIDS to provide the community an additional economic tool; that NIDS will not necessarily compete with Tax-Increment Financing Districts and represent only one of many potential funding mechanisms to stimulate economic development, revitalization, and urban infill; that proposed Ordinance No. 01-4342 is supported and should be adopted. Tom Maus, 40 South Boulevard of the Presidents (34236), stated that he owns a commercial property and business on St. Armands Circle; that his family opened their first business during 1939; that St. Armands Circle has significant potential to attract additional patrons and tourists; that Naples, Florida, has similar commercial districts which are well maintained and are marketed nationally but primarily owned by only three individuals; that commercial properties on St. Armands Circle are owned by a variety of individuals, groups, trusts, and corporations; that establishing a Business NID for St. Armands Circle will ensure competitiveness with other nationally- recognized commercial shopping districts; that proposed Ordinance No. 01-4342 is supported and should be adopted. Geoffrey Michael, 4495 Oakview Drive (34232), City resident for 23 years, stated that the opportunity to address the Commission to voice support for allowing NIDS in the City is appreciated; that in particular, the proposed St. Armands Circle Business NID will provide funding for significant improvements and will attract additional patrons; that he owns a commercial property on St. Armands Circle; that the proposed St. Armands Circle Business NID will allow property owners to levy additional tax assessments which will be utilized to construct significant improvements and provide additional services; that any additional improvements or services will increase patronage and will attract an increasing number of tourists to Sarasota; that St. Armands Circle has potential as an internationally- recognized commercial shopping district; that proposed Ordinance No. 01-4342 is supported and should be adopted. Vicki Fry, 178 North Washington Boulevard (34236), City resident since 1955, stated that she is a resident of St. Armands Key and a commercial property owner on St. Armands Circle; that until 2000, she also operated a business on St. Armands Circle; that the City is not similar to and should not be compared with New York City (NYC); ; that the Commission is not similar to the NYC Council; that any NIDS allowed in the City will not be similar to NYC Business Improvement Districts; that neighborhoods will benefit from the creation of a Residential NID; that. the additional tax revenues could be utilized to install additional landscaping, sidewalks, or street lighting in a neighborhood; that the City only receives a limited amount of funds each year; that proposed Ordinance No. 01-4342 is supported and should be adopted. Charles Senf, 2346 Pelican Drive (34237), stated that many concerns and questions which have not been resolved are represented by proposed Ordinance No. 01-4342; that the community does not fully understand and is not aware of the ramifications of allowing NIDS in the City; that the Commission's representation of residents will be diminished if NIDS are allowed; that allowing a NID the power of condemnation is a concern; that proposed Ordinance No. 01-4342 could contain stipulations prohibiting certain powers for all NIDS created in the City; that a prohibition on the power of condemnation should be included in proposed Ordinance No. 01-4342; that a NID should not be imposed upon a property owner who does not desired to fund an additional tax assessment; that a previous indication was all property owners would benefit from increased property values if renters approved a referendum creating a NID and an additional tax assessment to construct improvements; that many residents believe proposed Ordinance No. 01-4342 concerns only the proposed St. Armands Circle Business NID; however, many neighborhood associations represent only a few neighborhood residents and may seek the creation of a Residential NID; that the neighborhood association will be responsible for encumbering other residents with additional tax assessments while also recommending the candidates for the Residential NID Board of Directors. There was no one else signed up to speak. Commissioner Servian asked if a NID can incur debt to assure continued existence beyond the ten-year period approved by the referendum? BOOK 51 Page 22590 02/04/02 6:00 P.M. BOOK 51 Page 22591 02/04/02 6:00 P.M. Attorney Connolly stated that speakers during the public hearing referred to Business Improvement Districts (BIDs) which are very different than the Special Neighborhood Improvement Districts (NIDs) allowed by Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes; that NIDS automatically terminate at the end of the ten-year period unless another referendum is held to approve an additional ten-year period; that the same requirements and criteria to seek a referendum to initiate a NID apply to renew a NID for an additional ten-year period; that NIDS may incur debt; however, the existence of debt does not automatically renew a NID beyond the approved ten-year period; that the Commission, the property owners of the NID, and the applicable creditors will be responsible for resolving any remaining debts through negotiation after a NID is terminated. Commissioner Servian asked if the termination requirement applies to Residential and Business NIDS? Attorney Connolly stated yes. Commissioner Servian asked if the Commission could draft a new ordinance to allow the creation of other types of improvement districts as allowed by other sections of the Florida Statutes? Attorney Connolly stated that a certain answer cannot be provided; that the Florida Statutes allows for the creation of many types of improvement districts. Commissioner Servian asked if the National League of Cities (NLC) was contacted to obtain information concerning improvement districts? Attorney Connolly stated yes. Commissioner Servian asked if the information obtained from the NLC concerns only improvement districts in Florida? Attorney Connolly stated yes; that the Florida League of Cities, Inc. (FLC), was also contacted; that the FLC representative did not indicate a substantial understanding of improvement districts in Florida. City Attorney Taylor stated that any information obtained or comparisons made to improvement districts in other States is not appropriate; that the State has a unique legal system providing for the authorization of taxing authorities only by the Florida Legislature; that cities in Florida have no power to approve an additional local taxing authority unless created and approved by the Florida Legislature; therefore, the examples of NYC BIDs are irrelevant; that improvement districts in Florida should only be utilized as pertinent examples for purposes of comparison. Commissioner Servian asked if the Commission can restrict the powers of NIDS in proposed Ordinance No. 01-4342? Attorney Connolly stated no; that Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes, requires municipalities or counties to adopt a generic enabling ordinance prior to adopting specific ordinances to create particular NIDS and indicates the powers of NIDS must be specified only in the ordinance to create a particular NID. Commissioner Martin stated that the Florida Statutes clearly indicate the concerns of citizens regarding the specific powers of NIDS must be addressed only at the time the specific ordinance to create a NID is considered; and asked if the specific ordinance creating a NID could require the NID Board of Directors to submit monthly reports to the Commission? Attorney Connolly stated yes. Commissioner Martin asked if the specific ordinance can exclude the power of Eminent Domain? Attorney Connolly stated yes. Commissioner Martin asked if the specific ordinance can prohibit the NID from acquiring debt? Attorney Connolly stated yes; that each NID is also required to hold public hearings to approve an annual budget and is subsequently required to submit the approved budget and millage rate to the Commission for final approval. Commissioner Martin asked if the Commission can reserve the power to terminate a NID as desired? Attorney Connolly stated no; that the NID must remain active for the ten-year period if approved by the referendum. Commissioner Martin asked if another specific ordinance which further restricts the powers of a NID could be adopted if the NID is approved for an additional ten-year period? Attorney Connolly stated yes. Commissioner Palmer asked if the Commission is responsible for approving the budget and millage rate of NIDs? Attorney Connolly stated yes. BOOK 51 Page 22592 02/04/02 6:00 P.M. BOOK 51 Page 22593 02/04/02 6:00 P.M. Commissioner Palmer asked if the Commission will be allowed to refuse approval of a millage rate for a NID? Attorney Connolly stated yes. Commissioner Palmer asked if refusing to approve a millage rate for a NID would result in termination of the NID? Attorney Connolly stated that the NID will legally exist until the expiration of the ten-year period; however, the Commission could refuse to approve a budget and any tax assessments for a NID; that a NID would be powerless without any funds. Commissioner Palmer asked if the NID Board of Directors is subject to the requirements and provisions of Florida's Government-in-the- Sunshine Law? Attorney Connolly stated yes. Commissioner Palmer asked if any individual will be allowed to attend meetings of the NID Board of Directors? Attorney Connolly stated yes. Commissioner Palmer asked if all decisions of the NID Board of Directors will be made at a meeting open to the public? Attorney Connolly stated yes. Commissioner Palmer asked if NIDS will be required to hold an annual public hearing to approve a budget prior to submission to the Commission for final approval? Attorney Connolly stated yes. Commissioner Palmer asked if the Commission will have the authority to veto particular items of a NID's proposed budget? Attorney Connolly stated that Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes, does not specifically indicate municipalities will have the power of a line-item veto for a NID's budget; however, a line-item veto could be allowed if desired. Commissioner Palmer stated that reserving the power of a line- item veto for the Commission is desired; and asked if a NID can impact existing public rights-of-way or parks without the Commission's approval? Attorney Connolly stated no; that the Commission can refuse any project which may impact a public right-of-way; that a NID could impact the public rights-ot-way or parks if located within the boundaries of a NID; that the proposed St. Armands Circle Business NID would not contain any property in the public rights-of-way or any public park. Commissioner Palmer asked if the Commission's permission would be required to allow any improvements to City property or a public park? Attorney Connolly stated yes. Commissioner Palmer stated that the NID cannot execute or construct any improvement or service without the Commission's approval. Attorney Connolly concurred. Commissioner Palmer asked if the NID's revenues can be controlled exclusively by the City? Attorney Connolly stated yes. Commissioner Palmer asked if the Commission can prohibit NIDS from acquiring debt? Attorney Connolly stated yes. Commissioner Palmer stated that a speaker during the public hearing indicated the Commission will be delegating authority to a NID; however, the Commission is only delegating an ability to the NID to request Eunding for certain improvements; and asked if the Commission is delegating any authority to NIDs? Attorney Connolly stated that the Commission will only delegate authority to a NID as desired and approved in the specific ordinance to create a NID. Commissioner Palmer asked if the Commission could exclude the power of condemnation from a NID? Attorney Connolly stated yes. Commissioner Palmer asked if approval to hold a referendum seeking the creation of a Residential NID requires the approval of 40 percent of all registered voters in the NID? Attorney Connolly stated yes. Commissioner Palmer stated that the approval of 40 percent of registered voters is a significant requirement; and asked if approval of a Residential NID is determined by a majority of the registered voters in the defined area? Attorney Connolly stated yes. BOOK 51 Page 22594 02/04/02 6:00 P.M. BOOK 51 Page 22595 02/04/02 6:00 P.M. Commissioner Palmer stated that a Residential NID could be created by a few individuals if only a small portion of the registered voters in the defined area participate in the referendum; however, allowing an additional tax assessment is a very contentious and controversial decision; that many registered voters will participate in any referendum to increase tax assessments. Vice Mayor Quillin asked if NIDS are subject to the City's existing regulations and laws? Attorney Connelly stated yes. Vice Mayor Quillin stated that no NID will be allowed to disobey the City's current regulations and laws or construct improvements without the Commission's approval. Commissioner Servian stated that proposed Ordinance No. 01-4342 is to approve general enabling regulations allowing the creation of NIDs in the City; that any neighborhood or business district will be allowed to seek the creation of a NID if proposed Ordinance No. 01-4342 is adopted; and asked if Staff and the Administration have discussed the management of any NIDS created in the City? City Manager McNees stated that a Staff liaison will be assigned to each NID similar to current assignments to the City's Advisory Boards; that a Public Works Department Staff member will probably be selected as a liaison to a NID; that the time required of the Staff liaison would be reimbursed to the City as part of each NID's annual budget. Commissioner Palmer stated that the millage rate of a NID was previously indicated as a concern; and asked if the maximum allowed millage rate for any NID is 2 mills? Attorney Connolly stated yes. Commissioner Palmer asked if the millage rate allowed for a NID could impact the City's maximum allowed millage rate by more than 2 mills? Attorney Connolly stated no; that the Commission will approve the NID's millage rate and can approve a millage rate significantly less than 2 mills; that the specific ordinance to create a NID could also stipulate a maximum allowed millage rate less than 2 mills. Commissioner Palmer stated that the NID Board of Directors could hire Staff to manage the NID; that a NID Staff member or Manager could manage more than one NID in the City; and : asked if the Commission could prohibit NID Staff or Managers from employment with more than one NID? Attorney Connolly stated yes. City Manager McNees stated that allowing a NID Staff member or Manager to manage more than one NID may be desirable; that many improvement districts are managed by Staff employed by multiple improvement districts; that allowing a NID Staff member or Manager to manage more than one NID may conserve costs and reduce City Staff's burden to provide assistance and services to a NID. Commissioner Martin stated that the Commission is responsible for appointing individuals to a NID Board of Directors; and asked if the Commission can choose to remove a member of a NID Board of Directors prior to the expiration of the assigned term? Attorney Connolly stated yes; however, the Commission's authority to remove an appointed member of a NID Board of Directors is limited by Section 163.511(10), Special neighborhood improvement districts, Florida Statutes, as follows: The governing body of a municipality or county may remove a director for inefficiency, neglect of duty, or misconduct in office only àfter a hearing and only if he or she has been given a copy of the charges.at least 10 days prior to such hearing and has had an opportunity to be heard in person or by counsel. Commissioner Martin asked if proposed Ordinance No. 01-4342 can be sunsetted or rescinded after adoption and a certain number of NIDS have been created? Attorney Connolly stated that adopting and subsequently rescinding proposed Ordinance No. 01-4342 after a NID is initiated may create certain legal problems; that Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes, does not specifically address rescinding the general enabling ordinance after the creation and continued existence of a NID and tacitly assumes the general enabling ordinance will be adopted in perpetuity; however, any City policy or law can be changed; that City ordinances and resolutions are revised, modified, or rescinded frequently. BOOK 51 Page 22596 02/04/02 6:00 P.M. BOOK 51 Page 22597 02/04/02 6:00 P.M. Commissioner Martin asked if the Commission can require the creation of an advisory board for a NID? Attorney Connolly stated that Part IV, Neighborhood Improvement Districts, Chapter 163, Florida Statutes, does not mention advisory boards for NIDs; that the specific ordinance to create a NID could include a provision requiring an advisory board. City Attorney Taylor stated that the Commission should not create an advisory board for a NID; that Commissioners are seeking certainty for an issue which has no certainty; that a few legal issues remain unresolved Statewide and require time and additional research. Vice Mayor Quillin closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4342 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 01-4342 on first reading. Commissioner Martin stated that proposed Ordinance No. 01-4342 includes a few, uncertainties; however, the Commission will clearly maintain authority and power over any NID created in the City and will specify the powers allowed for each NID; that a Business NID has not yet been created in Florida; that Sarasota is frequently the first to initiate innovative programs and projects; that a Business NID should be created for Downtown properties along Main Street to stimulate redevelopment and revitalization; that proposed Ordinance No. 01-4342 is supported. Commissioner Palmer concurred and stated that the efforts of the commercial property owners of St. Armands Circle to seek approval of NIDS in the City are appreciated and commended; that the concerns and apprehensions indicated by citizens are important and understood; that only one NID exists in Florida; however, Sarasota is trequently first to initiate innovative projects and programs; that Commissioners have asked many questions of the City Attorney's Office and Staff; that proposed Ordinance No. 01-4342 would not be supported unless all concerns and questions were sufficiently resolved; that the Commission will have authority and power over any NID created in the City; that sufficient tax revenues will never be received to construct the improvements and projects desired by all residents and property owners; that NIDS will provide a means for residents and property owners to construct desired improvements through additional tax assessments; that the City should support citizens' desire to improve a neighborhood or business district through a NID as long as the appropriate fiscal and legal controls are designed and implemented; that the Commission will have the authority to limit the powers of a NID as desired; that neighborhoods and business districts are encouraged to seek approval of a NID to construct improvements which will stimulate growth and revitalization; that proposed Ordinance No. 01-4342 is supported. Commissioner Servian stated that the belief prior to the current meeting was additional time should be sought to discuss further the creation of NIDS in the City; however, the City Attorney's Office provided adequate responses to the concerns expressed by speakers during the public hearing and to Commissioners' questions; that a significant effort was undertaken to assure residents and all interested parties were appropriately notified of the intent and consideration of proposed Ordinance No. 01-4342 at the current meeting; that sufficient answers have been provided to all concerns and questions; that proposed Ordinance No. 01-4342 concerns only general enabling regulations to allow NIDS in the City; that any concerns with the proposed St. Armands Circle Business NID should.be raised during the public hearing to allow creation; that NIDS are a means to spur the economic growth and redevelopment of business districts and the revitalization and preservation of neighborhoods; that the City's revenues are limited; that the City cannot construct the projects and improvements desired by all residents, merchants, and property owners; that NIDS will be a powerful funding mechanism for neighborhoods; that a referendum of registered voters will be required to approve a NID; that the Commission will hold public hearings to approve the powers of a NID during which any individual can raise any concern or question; that proposed Ordinance No. 01-4342 is supported. Vice Mayor Quillin stated that St. Armands Key residents expressed significant concerns regarding the creation of NIDs in the City; however, allowing the creation of improvement districts in the City has been a personal goal for many years; that many communities in the United States have successfully implemented improvement districts; that an example is the Oakland Business Improvement District (OBID) near Pittsburgh, Pennsylvania; that the OBID includes a hospital and college BOOK 51 Page 22598 02/04/02 6:00 P.M. BOOK 51 Page 22599 02/04/02 6:00 P.M. which do not pay any property taxes as the major property owners; that the property owners in the OBID boundaries approved an additional tax assessment, revenues from which were utilized to spur significant revitalization and economic growth; that improvement districts were also utilized successfully in Milwaukee, Wisconsin, to revitalize urban areas. Vice Mayor Quillin continued that St. Armands Key residents indicated representatives of the Florida League of Cities, Inc. (FLC), were contacted to discuss NIDS in Florida; that the Florida Redevelopment Association (FRA) should also be contacted and supports the creation of improvement districts to revitalize and redevelop urban areas; that a FRA representative recently indicated many improvement districts were implemented successtully in Opa Locka, Orlando, Tampa, Tarpon Springs, and Wilton Manors, Florida; that proposed Ordinance No. 01-4342 is only to approve general enabling regulations allowing the creation of NIDS in the City; that the City will never possess sufficient resources to construct the improvements and projects desired by all citizens; that businesses and neighborhood residents are encouraged to seek a NID as a means to construct the desired projects or improvements; that NIDS are a means to generate economic growth and revitalization and are an important element of free enterprise; that proposed Ordinance No. 01-4342 is supported; that approval of a referendum will be required to create a NID and will ensure no resident or property owner is unfairly taxed. Vice Mayor Quillin called for a vote on the motion to pass proposed Ordinance No. 01-4342 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Servian, yes; Martin, yes. The Commission recessed at 7:51 p.m. and reconvened at 8:07 p.m. 10. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4360, TO REZONE A .92 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF BRINK AVENUE AND FRUITVILLE ROAD FROM THE SINGLE-FAMILY RESIDENTIAL-2 (RSF-2) AND MULTIPLE FAMILY RESIDENTIAL-2 (RMF-2) ZONE DISTRICTS TO THE OFFICE, - PROFESSIONAL BUSINESS (OPB) ZONE DISTRICT, AS MORE PARTICULARLY SET FORTH HEREIN; SAID PROPERTY BEING LOCATED AT 2989 FRUITVILLE ROAD, APPROVING SITE PLAN 02-SP-01, WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-01 AND 02-SP-01, APPLICANT BRUCE E. FRANKLIN, LAND RESOURCE STRATEGIES, INC., AS AGENT REPRESENTING SUNCOAST CENTER FOR INDEPENDENT LIVING, INC., A NOF-FOR-PROFIT FLORIDA CORPORATION, AS CONTRACT VENDEE, AND RALPH L. MUSHRUSH, TRUSTEE, AS PROPERTY OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (0795) through (1550) CD 8:07 through 8:27 Vice Mayor Quillin requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that the requirements of quasi-judicial public hearings were defined by the judicial process; that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that no individuals have filed for certification as an Affected Person with the City for proposed Ordinance No. 02-4360; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the recommended time limits. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. Vice Mayor Quillin stated that Rezoning Application No. 02-RE-01 as incorporated in proposed Ordinance No. 01-4360 is to rezone an approximately .92-acre site located at 2989 Fruitville Road from the Single-Family Residential-2 (RSF-2) and Multiple Family Residential-2 (RMF-2) Zone Districts to the Office, Professional Business (OPB) Zone District and is accompanied by Site Plan Application No. 02-SP-01; that the Applicant is Bruce Franklin, Land Resource Strategies, Inc., as agent for Suncoast Center for Independent Living, Inc. (SCIL), a not-for-profit Florida BOOK 51 Page 22600 02/04/02 6:00 P.M. BOOK 51 Page 22601 02/04/02 6:00 P.M. corporation, as contract vendee, and Ralph L. Mushrush, Trustee, as property owner. Vice Mayor Quillin requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Quillin and Commissioners Martin, Palmer, and Servian stated that no ex parte communications have occurred. Vice Mayor Quillin opened the public hearing and requested that the Applicant come forward. Ralph Tirabassi, Attorney, law firm of Ferguson, Skipper, Shaw, Keyser, Baron, and Tirabassi, Professional Association, representing SCIL, Bruce Franklin, Principal, Land Resource Strategies, Inc., and David Nash, Board Member, SCIL, came before the Commission. Attorney Tirabassi stated that SCIL was created in 1991 to assist disabled individuals by providing information and referral services, peer counseling, advocacy, and education on daily living skills; that SCIL's offices currently consist of approximately 2,500 square feet (sq. ft.) of office space in the Northgate Industrial Park; that SCIL requires additional office space to provide service to disabled individuals; that the proposed office building will be a single-story structure consisting of approximately 9,000 sq. ft. of office space; that SCIL's services are non-residential in nature but are provided free of charge; that during 2001, SCIL provided services to approximately 1,080 disabled individuals; that the need for SCIL's services continues to increase; that the proposed office building is required to ensure SCIL's services are provided to as many disabled individuals as possible. Mr. Franklin referred to a displayed copy of the site plan and stated that the proposed office building will be located on the northwest corner of Fruitville Road at Brink Avenue across from the Sarasota County Fairgrounds on an approximately .92-acre site; that the primary access to the proposed office building will be provided from Brink Avenue; that the property is currently designated in the RSF-2 and RMF-2 Zone Districts but is also designated in the Community Office/Institutional (COI) Future Land Use Classification on the Future Land Use Map of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) ; that Rezoning Application No. 02-RE-01 is to rezone the property to the OPB Zone District, which is allowed for properties in the COI Future Land Use Classification; that the primary access on Brink Avenue was located as far from Fruitville Road as possible; that parking is provided on the northern portion of the property; that the proposed office building is located close to the public right-of- way on Fruitville Road to enhance the pedestrian perception; that the stormwater retention pond is also located near Fruitville Road and is heavily landscaped; that a porte cochere will be installed at the main entrance to allow vehicles to unload passengers with protection from inclement weather; that the majority of the existing trees will be maintained; that the office building consists of approximately 9,000 sq. ft. and represents a significant improvement from SCIL's current office. Mr. Nash stated that the proposed office building will only be a single-story structure. Commissioner Martin asked if any fencing will be installed around the perimeter of the stormwater retention pond? Mr. Franklin stated no; that only landscaping will be installed around the perimeter of the stormwater retention pond. Commissioner Martin asked the location of the air-conditioning unit and other mechanical equipment? Mr. Franklin stated that the air-conditioning unit and other mechanical equipment will be located on the roof of the proposed structure; that an unobtrusive service area will also be installed and will not be viewable from Brink Avenue or Fruitville Road. Commissioner Servian asked if the Sarasota County Area Transit (SCAT) agreed to locate a bus stop close to the proposed office building? Attorney Tirabassi stated no; that SCIL is not concerned with ensuring a regular SCAT bus stop is provided near the proposed office building; that SCIL's services are provided to disabled individuals; that SCAT provides a special on-call transportation service for disabled individuals with delivery to any location; that a regular SCAT bus stop is desired but not necessary. Vice Mayor Quillin requested that Staff come forward for the City's presentation. BOOK 51 Page 22602 02/04/02 6:00 P.M. BOOK 51 Page 22603 02/04/02 6:00 P.M. Harvey Hogland, Senior Planner II, Planning Department, came before the Commission and stated that SCAT currently has two bus routes which serve the area near the property; that SCAT Route 1 travels eastbound on Ringling Boulevard, turns north on Brink Avenue, and subsequently continues traveling east on Fruitville Road; that a SCAT bus stop could be located on the southeast corner of Brink Avenue at Fruitville Road but would require SCIL patrons to cross Fruitville Road without the assistance of a traffic or pedestrian signal; that SCAT Route 1 travels westbound in a similar fashion; that a SCAT bus stop could not be installed on the northeast corner of Brink Avenue at Fruitville Road as a left turn is required of a westbound SCAT bus onto Brink Avenue from Fruitville Road; that the closest SCAT bus stop is located at Lockwood Ridge and Fruitville Roads, a distance of nearly four blocks from the property; that sidewalks exist along the entire public right-of-way on the north side of Fruitville Road between Lockwood Ridge Road and Brink Avenue and include ramps for disabled individuals; that rerouting SCAT Route 1 would cause a significant delay and disturbance for SCAT's existing customers; that SCAT Route 6 provides service along Tuttle Avenue, which is located four blocks west of Brink Avenue. Mr. Hoglund continued that at its January 2, 2002, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and found Rezoning Application No. 02-RE-01 and Site Plan Application No. 02-SP-01 as incorporated in proposed Ordinance No. 02-4360 consistent with the City's Comprehensive Plan, the Standards for Review set forth in Section IV-1102 (B), Zoning Code (1998 ed.), and the Tree Protection Ordinance, and voted unanimously to recommend Commission approval subject to the following conditions: 1. The site plan and all related development and construction plans for the proposed building shall be in compliance with those labeled Suncoast Center for Independent Living, and received by the Planning Department on December 20, 2001. All final construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Director of Building, Zoning, and Code Enforcement. 2. The uses included in. the proffer statement submitted by the applicant, dated September 17, 2001, shall be the only uses included in any future development of the subject parcel. 3. Prior to second reading, the Applicant shall file a consolidation plan for approval by the Director of Building, Zoning, and Code Enforcement for the entire project depicted in Site Plan 02-SP-01, in accordance with the requirements of Section VI-104, Zoning Code (1998 ed.) Mr. Hoglund further stated that the Applicant proffered the following restriction upon the future land uses allowed for the property: Adult day care; Alarm system, security office operation; Child care centers; Data and computer services; Essential governmental services; Family day care centers; Financial institutions; Medical or dental laboratory; Office, business or professional; and Office or clinic, medical or dental. Mr. Hogland stated further that a neighborhood meeting was held on July 31, 2001, to discuss the proposed office building; that no neighborhood residents attended the meeting or the January 22, 2002, PBLP meeting; that a single-family home was located on the property several years ago but was demolished; that the Future Land Use Map designates the property in the COI Future Land Use Classification despite the current designation in the RSF-2 and RMF-2 Zone Districts; that the OPB Zone District is consistent with and allowed in the COI Future Land Use Classification; that the majority of the existing trees are considered nuisance species which should be eliminated; that SCIL will replace the existing nuisance trees with approximately 25 oak and similar trees; that no public improvements are required to the property except the extension of the sidewalk on the west side of Brink Avenue, which will be funded by SCIL; that the proposed landscaping of the property is aesthetically pleasing; that the property will be located in the Fruitville Gateway Corridor Overlay District, in which the construction of buildings as close as possible to Fruitville Road is desired. Vice Mayor Quillin asked the height of the buffering between the parking lot and the residential homes north of the property? Mr. Hoglund stated that the height of the buffering is approximately ten feet and meets the buffering requirements of the Zoning Code (1998 ed.). BOOK 51 Page 22604 02/04/02 6:00 P.M. BOOK 51 Page 22605 02/04/02 6:00 P.M. Vice Mayor Quillin asked if the buffering will consist of landscaping? Mr. Hoglund stated that the buffering will consist of landscaping and opaque fencing. Vice Mayor Quillin stated that no interested persons have signed up to speak; neither the Applicant nor the City has any rebuttal; and requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4360 by title only. On motion of Commissioner Servian and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 02-4360 on first reading. Vice Mayor Quillin stated that the proposed SCIL office building is a significant improvement to the property and the surrounding neighborhood; that SCIL provides important services to disabled City residents and has required additional office space for a significant period of time. Vice Mayor Quillin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Servian, yes; Martin, yes; Palmer, yes. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #2 (1550) through (2389) The following people came before the Commission: John Fulton, P.O. Box 48478 (34230), stated that personal requests were made to the Commission on previous occasions for an investigation by the City relating to concerns regarding his family and business; that assistance from the City has not been received; that several letters have been sent to the Commission regarding the concerns; that government assistance is not being received; that foreclosure action was initiated against his property three to four years ago; that at present, Social Security Disability is the only income being received; that his name is 56th on a waiting list for the McCown Towers public housing complex; that he has been arrested four times for camping; that the City is pursuing him personally; that arrests are being made at 3 a.m. by police officers carrying guns; that the resulting conflict between police officers and citizens has the potential for violence; that the recommendation is arrests should be made other than at night, perhaps in the afternoon; that the problem is of a 24-hour duration, not just at night; that Section 10-10, Overnight camping prohibited except in designated areas, Sarasota City Code (1986 as amended), is confusing and was developed for tourists and vacationers who may be camping at the beachfront; that the City's objective is confusing and could be directed against the homeless, transients, non-residents, etc.; that the request for an investigation is repeated; that no response has been received to numerous telephone calls to the Sarasota Police Department; that he was previously hit by a vehicle on Main Street and severely injured; however, no ambulance was called; that two police officers witnessed the accident and asked if making a complaint was desired; that a complaint was filed; however, nothing was done; that the Commission's time is appreciated. Charles Senf, 2346 Pelican Drive (34237), stated that disparate treatment exists between two classes of City Employees, i.e., Civil Service Employees and General Employees; that the most dangerous occupations in the City are filled by General Employees; that more General Employees have been seriously injured or died on the job than Civil Service Employees; that an employment policy to treat all City employees equally should be developed; that a Focus Group has been established to address healthcare benefits; that members of the Focus Group were not selected by the employees represented but rather by department heads and the City Manager; that the Focus Group has one representative from each department, except for the Office of Housing and Community Development, the Engineering Department, and the Public Works Department, each of which has two representatives; that other employees do not have input into the Focus Group meetings; that at the last Focus Group meeting, the Focus Group had not scheduled another meeting nor a location for a meeting; that the lack of preparation may adversely impact the agenda of the Focus Group meeting. Dr. Robert Windom, 5450 Eagles Point Circle, (34234), 56-year resident of the City, stated that he has practiced medicine in the City for many years; that from 1984 to 2000, the number of cities converting to the Commission-Manager form of government increased; that the number of cities with the Strong-Mayor" form of government decreased; that in the year 2002, more cities in the country are Commission-Manager forms of government. BOOK 51 Page 22606 02/04/02 6:00 P.M. BOOK 51 Page 22607 02/04/02 6:00 P.M. Dr. Windom distributed and read excerpts from newspaper articles from the Sarasota Herald-Tribune from 1945 at the time City residents sought to change from a Strong-Mayor" form of government to the present Commission-Manager form of government; and stated that thé new building of the Greater Sarasota Chamber of Commerce (Chamber) was dedicated on February 4, 2002; that the Chamber was a vital force in 1945, advocating in favor of the Commission-Manager form of government. John Browning, 1376 Harbor Drive (34239), stated that on March 12, 2002, the citizens will decide the type of government the City will have, either the current Commission-Manager form of government or the proposed "Strong-Mayor" form of government; that the change to a "Strong-Mayor" form of government is a major change, will introduce politics into the day-to-day functions of the City, and will place a politician in charge of all City departments; that the proposed Strong-Mayor" form of government will provide the "Strong Mayor" with the majority of power; that the "Strong Mayor" will oversee 800 City employees; that the Agenda of the Commission meetings will be controlled by the - Strong Mayor, n who will have veto power over the Commission actions with the exception of land development matters; that the "Strong Mayor" will have control over all other issues, will have control of the entire planning process, and will be responsible for the elements of government dealing with relevant issues; that land development matters will have to go through the "Strong Mayor" i that individuals who crafted the Strong-Mayor" form of government made certain the "Strong Mayor" will have all the tools necessary to influence the city manager; that proponents of the "Strong-Mayor" form of government indicate a lack of effective government as the reason to change the current form of government; however, the current form of government has performed well, including providing for the revitalization of Downtown and the rebirth of neighborhoods; that the City's ad valorem tax rate decreased in the last 10 years; that Strong-Mayor" forms of government cannot make the same claim; that a change is not required in the City; that a politician in charge with dictatorial powers is the wrong answer for the City; that Democracy is slower and less efficient than autocratic forms of government; however, the latter is preferred due to the checks and balances inherent in a Democracy. Richard Shelton, 526 South Osprey Avenue (34235), stated that the Commission has a four-fifths veto power in the proposed . Strong- Mayor" form of government; that the "Strong Mayor" must have the support of only two members of the Commission to have a majority; that a meeting will be held at the Selby Public Library on February 13, 2002, to discuss the "Strong-Mayor" petition; and distributed a copy of a February 3, 2002, correspondence inviting the Commissioners to the meeting concerning the referendum for a "Strong-Mayor" form of government. 12. UNFINISHED BUSINESS: APPROVAL RE: REQUEST FOR APPROVAL OF NEIGHBORHOOD GRANTS TO FUND REGISTRATION, AIRFARE, AND ACCOMMODATIONS FOR NEIGHBORHOOD RESIDENTS TO ATTEND NATIONAL AND STATE CONFERENCES REFERRED TO THE ADMINISTRATION FOR A REPORT CONCERNING THE APPROPRIATE AMOUNT FOR SCHOLARSHIPS TO THE FUND REGISTRATION, AIRFARE, I AND ACCOMMODATIONS OF NEIGHBORHOOD RESIDENTS TO ATTEND NATIONAL AND STATE NEIGHBORHOODS CONFERENCES AND FOR INCLUSION IN THE FISCAL YEAR (FY) 2002/03 BUDGET (AGENDA ITEM VI-1) #2 (2410) through (2890) CD 8:47 through 8:57 Vice Mayor Quillin stated that approval of neighborhood grants to fund registration fees, airfare, and accommodations for neighborhood residents to attend national and state conferences is requested; that she and Commissioner Servian attended the 2001 Florida Neighborhoods: Conference in Orlando, Florida, and the 2001 Neighborhoods USA Conference in Pittsburgh, Pennsylvania; that at the March 19, 2001, Regular Commission meeting, the Commission approved an appropriation of $6,400 from the Neighborhood Grant Program for ten scholarships to fund neighborhood residents' attendance at the 2001 Neighborhoods USA Conference; that an appropriation of $2,520 from the Neighborhood Grant Program was approved at the July 2, 2001, Regular Commission meeting to fund neighborhood residents' attendance at the 2001 Florida Neighborhoods Conference; that the cost for accommodations, airfare, and registration fees for the 2002 Neighborhoods: USA Conference in Houston, Texas, from May 22 to 25, 2002, is approximately $700; that annual funding for ten scholarships for neighborhood residents to attend the annual Neighborhoods USA Conference is suggested; that annual funding for the Florida Neighborhoods Conference should also be established but should provide less funding due to the proximity of the conference; that neighborhood associations are encouraged to select candidates to receive a scholarship to attend neighborhoods conferences. Commissioner Palmer stated that establishing regular funding for scholarships to neighborhood conferences is supported; that the item should be referred to the Administration to provide a recommendation concerning the appropriate funding level for each conference; that funding for scholarships should be regularly BOOK 51 Page 22608 02/04/02 6:00 P.M. BOOK 51 Page 22609 02/04/02 6:00 P.M. included in the budget; that a budget item should be included in the proposed fiscal year (FY) 2002/03 budget. George Peter Ryan, 241 Garfield Drive (34236), President, Lido Key Residents Association, came before the Commission and stated that he attended the 2001 Florida Neighborhoods Conference and the 2001 Neighborhoods USA Conference as a delegate of the Coalition of City Neighborhood Associations (CCNA); that neighborhood associations are very important; that many workshops and seminars were attended at the neighborhoods conferences which were very useful in organizing a neighborhood association; that Lido Key currently has five neighborhood associations which are considering the formation of a single neighborhood association as a result of the lessons learned at neighborhoods conferences; that in particular, a seminar at the 2001 Neighborhoods USA Conference concerned the participation of senior citizens in neighborhood associations and was very helpful as the majority of Lido Key residents are senior citizens; that prior to the 2001 Neighborhoods USA Conference, the Lido Key Residents Association had 163 members; that due to the lessons learned at the 2001 Florida Neighborhoods Conference and the 2001 Neighborhoods USA Conference, the Lido Key Residents Association currently has over 240 members; that the City should actively encourage the participation of residents in a neighborhood association to strengthen the local community; that neighborhood residents are encouraged to attend local, state, and national neighborhoods conferences to improve the local community. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to refer funding scholarships for neighborhoods conferences to the Administration for a report concerning the appropriate amount for scholarships to the fund registration, airfare, and accommodations of neighborhood residents to attend national and state neighborhoods conferences and for inclusion in the fiscal year (FY) 2002/03 budget. Vice Mayor Quillin stated that the budget already includes scholarships for neighborhood residents to attend national and state neighborhoods conferences; that the funding is provided through the Neighborhood Grant Program; that the Administration should recommend an exact amount for the scholarships; that Commissioners support for the scholarships to national and state neighborhoods conferences is appreciated; that she and three neighborhood residents attended the 2001 Neighborhoods USA Conference; that the hope is ten residents from different neighborhoods will attend the 2002 Neighborhoods USA Conference; that significant information and education concerning neighborhood development and organization is obtained from attendance at neighborhoods conferences. Commissioner Servian concurred and stated that she attended the 2001 Neighborhoods USA Conference as a representative of the St. Armands Residents Association; that the knowledge of neighborhoods obtained at the 2001 Neighborhoods USA Conference is considered invaluable; that a significant amount of information was obtained from the 2001 Neighborhoods USA Conference; that providing scholarships to attend national and state neighborhoods conferences is supported and will stimulate residents' participation in neighborhood organizations and associations. Vice Mayor Quillin stated that neighborhood residents from Japan and Canada and from every state of the United States attended the 2001 Neighborhoods USA Conference; that neighborhood residents' attendance at the annual Neighborhoods USA Conference is important and must be facilitated by the City if possible; that the neighborhoods departments of many municipalities were also represented at the 2001 Neighborhoods USA Conference; that the City should actively promote the City at the 2002 Neighborhoods USA Conference and other neighborhoods conference if possible. Commissioner Martin stated that providing scholarships to attend neighborhoods conferences is supported; that only providing scholarships to representatives of existing neighborhood associations is a concern; that many neighborhoods in the City do not have a neighborhood association; that scholarships should also be provided to residents who do not have a neighborhood association; that allowing a non-represented resident to attend a neighborhoods conference will encourage the establishment of a neighborhood association; that the City should encourage the establishment of a neighborhood association for every neighborhood; that scholarships should be provided only to one representative of a neighborhood association. Vice Mayor Quillin and Commissioner Servian concurred. Vice Mayor Quillin called for a vote on the motion to refer the item to the Administration for a report concerning the appropriate amount for scholarships to the fund registration, airfare, and accommodations of neighborhood residents to attend national and state neighborhoods conferences for inclusion in BOOK 51 Page 22610 02/04/02 6:00 P.M. BOOK 51 Page 22611 02/04/02 6:00 P.M. the fiscal year (FY) 2002/03 budget. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Servian, yes; Quillin, yes. 13. UNFINISHED BUSINESS: DIRECTION RE: : SKATEBOARD PARK LOCATION DIRECTED THE ADMINISTRATION TO CONSIDER ALTERNATIVES FOR THE SKATEBOARD PARK AND REPORT BACK AT THE MARCH 4, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM VI-2) #2 (2874) through #3 (535) CD 8:57 through 9:27 City Manager McNees stated that the City's Capital Improvement Program (CIP) provides for the construction of a skateboard park as part of the eventual development of Payne Park; that the Sarasota Mobile Home park (SMHP) must be closed and a master plan for Payne Park developed prior to the construction of a skateboard park; that individual Commissioners have expressed interest in the developing a skateboard park more quickly than the Payne Park site will be available; that Staff can provide site alternatives and contact interested vendors to determine the costs and possible configurations of an alternative facility if desired; that the two options available to the Commission are to: 1. Maintain the commit tment to build a skateboard park at Payne Park in conjunction with the planned redevelopment. 2. Direct Staff to provide alternate options for an expedient development of a skateboard park City Manager McNees continued that identifying and developing a plan to construct the skateboard park on a portion of Payne Park may be feasible; that direction from the Commission is requested. The following people came before the Commission: Robin Wells, 3408 Browning Avenue (34237), Coalition of City Neighborhoods Association (CCNA) District 3 representative, referred to the October 20, 2001, CCNA Report regarding skateboard parks (CCNA Report) provided to the Commission and stated that a committee of six CCNA members was formed to study the development of a skateboard park in the City; that the committee included representatives from six different neighborhoods; that initially all six City parks were studied as possible sites for a skateboard park; that some sites were immediately found inappropriate for a skateboard park and others were more feasible; that information regarding skateboard parks in the cities of Venice and North Port and other skateboard parks Statewide was obtained; that a suitable location was sought after all the information was obtained; that the committee decided a suitable location would be one in proximity to children; that the census data was reviewed; that the placement of a skateboard park should be in the best interests of the children and not the neighborhood associations; that the skateboard park should be located close to other children's facilities and be easily accessible; that Payne Park may not be the best location; that the majority of the City's children are not located in the Payne Park area. Craig Noren, 902 North Jefferson Avenue (34237), CCNA District 1 Representative, referred to the October 20, 2001, CCNA Report, and stated that the CCNA Report was developed to support a skateboard park; that recommendations for alternate sites are included in the CCNA Report; that items considered by the CCNA committee for skateboard parks are: 1. Concentrated versus diverse skateboard park 2. Open versus covered skateboard park 3. Resilient versus flexible surfaces 4. Boutique skateboard park at $11 per session versus Holmes Beach-type skateboard park at $3 per session Mr. Noren continued that an occasional exercise run in all the existing parks was considered as well as a bunny-learner park; that the solitary fixed-game athlete is between the ages of 17 to 25 years old and is a heavy user; that 500 to 1,500 skaters fall into the heavy user category in the City; that the bunny- learners are generally 7 to 10 years old; that 100 to 200 children are in the bunny-learners category; that approximately 7,200 children are located in the City; that boys are the predominate skaters; that approximately 3,600 boys are potential skaters; that the boys will be the market for the skateboard park. Mr. Noren referred to maps displayed on the Chamber monitors indicating the percentage of children in various City districts and location of parks with four to five acres of land or more and stated that 80 percent of the potential skaters are north of 12th Street or east of Tuttle Avenue; that a skateboard park BOOK 51 Page 22612 02/04/02 6:00 P.M. BOOK 51 Page 22613 02/04/02 6:00 P.M. would be most appropriately located in the 12th Street/Tuttle Avenue area; that the Payne Park area is furthest away from the largest concentration of children; that consideration of alternate sites to Payne Park would be appreciated. Dave Malinsky, 2050 61st Street (34243), stated that he is representing the skateboarders in the City and County; that the neccesity to speak again on behalf of a skateboard park is unbelievable; that debates concerning the location of the skateboard park have continued for years; that he began speaking to the Commission regarding the skateboard park issue in 1989 as a 14 year old; that his mother had to drive him to Commission meetings at that time; that a skateboard park is requested before he is too old to skate; that a skateboard park should be built as soon as possible while assuring a proper location is found; that any obstacles to the skateboard park should be removed and construction should commence; that Payne Park is the preferred location for the skateboard park; that alternate skateboard park sites will be supported if the location is good; that Payne Park is centrally located, well-known, easily locatable, on the bus line, and safe due to the location abutting the Sarasota Police Department (SPD); that a viable alternative location has not yet been identified but would be considered; that the problems and fears associated with the skateboard park should be addressed; that Payne Park appears the best location for the skateboard park. Commissioner Martin stated that Mr. Malinsky is a member of an ad hoc committee of the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) and has been a constructive voice. Richard Sheldon, 526 South Osprey Avenue (34236), stated that the reason for the delay in constructing a skateboard park in Payne Park is not understood. City Manager McNees stated that a planning process will commence once Payne Park is closed to SMHP residents; that the configuration of Payne Park will be planned along with the skateboard park; that the City is being questioned as to the bureaucratic barriers in constructing the skateboard park; that no bureaucratic barriers exist; that the Commission decided to construct the skateboard park at Payne Park; however, the decision is dependant on the City's ability to construct in Payne Park at this time; that Staff can provide alternative skateboard park sites if the Commission wishes. Commissioner Servian asked the time required to construct a skateboard park at an alternative site? City Manager McNees stated that an answer is unknown at this time; that expending Staff's efforts without Commission direction is undesirable; therefore, direction from the Commission is requested. Commissioner Servian asked if the time required to construct a skateboard park at an alternative location will be significant? City Manager McNees stated that an alternative location for the skateboard park may be located and construction begun in a year or possibly sooner. Commissioner Servian stated that a good location for the skateboard park is required; that construction of a skateboard park has been discussed repeatedly; however, no action has been taken. City Manager McNees stated that action has been taken; that the Commission arrived at a decision to construct a skateboard park at Payne Park; however, the construction of the skateboard park is incorporated in the overall development of Payne Park which is causing the delay. Vice Mayor Quillin stated that original discussions were held with Tim Payne, Team Pain, Enterprises, Inc. (Team Pain), who is well known in the skateboard community; that Mr. Payne also assisted with the development of the skateboard park in North Port; that three parks were recommended for the population size of the northern portion of the County; that the population size and the popularity of the sport dictate the need for three parks; that a park in Naples, Florida, was recently constructed. City Manager McNees stated that the construction of the skateboard park in Naples, Florida, was a partnership between the County and the contracting vendor; that the Naples skateboard park has hosted some successful national competitions. Vice Mayor Quillin stated that the speaker, Mr. Malinsky, is probably tired of presenting to the Commission regarding the construction of a skateboard park; that the concern is not the BOOK 51 Page 22614 02/04/02 6:00 P.M. BOOK 51 Page 22615 02/04/02 6:00 P.M. location rather the construction of a skateboard park; that parents are driving children to skateboard parks in St. Petersburg and Clearwater, Florida. Commissioner Martin stated that the City has not proceeded expeditiously to construct the skateboard park; that an area of Payne Park can be currently identified and the skateboard park constructed; that the remaining area of Payne Park can remain untouched for planning processi that an area east of the tennis courts across from SPD has already been identified for the skateboard park; that the area would not interfere with the master plan for the entire park; that $105,000 has been pledged by private individuals for construction of a skateboard park at Payne Park; that the pledged funds are site specific to Payne Park; however, the location may be negotiable; that former Commissioner and Mayor Albert Hogle was responsible for raising $100,000 for the skateboard park at Payne Park and confirmed the pledged funds are site specific; that funding is available to begin construction of the skateboard park at Payne Park; that the design process and fundraising should have been completed; that alternative sites to Payne Park may be available; that the CCNA's views regarding the skateboard park are respected; that the potential users of the skateboard park did not sit on the CCNA committee to review skateboard park sites but were capably represented; that suggestions for alternate locations are welcomed; that questions requiring answers are: 1. Why should Payne Park not be utilized for the skateboard park? 2. Why not develop the design and construct the skateboard park at Payne Park now? 3. Why must the skateboard park wait until a master plan for Payne Park is developed? Commissioner Palmer concurred and stated that construction of a skateboard park has been addressed repeatedly; that extensive public input has been provided to the Parks Board; that the public provided overwhelming support to commence construction on the skateboard park; that the public's consensus is the Payne Park location is pleasing; that the Parks Board provided and the Commission finalized recommendations to construct the skateboard park; that construction of a skateboard park at an alternate location is acceptable if construction proceeds quickly. Vice Mayor Quillin asked if Staff recommends removing Payne Park as the site of the skateboard park sO a skateboard park may be constructed sooner at a different location? City Manager McNees stated that the current direction Staff has received from the Commission is to construct the skateboard park once the SMHP at Payne Park is closed and a master plan developed; that Staff is prepared to progress expeditiously to construct a skateboard park; however, the question is if Staff should proceed with construction of a skateboard park in an alternative location. Vice Mayor Quillin stated that options regarding constructing a skateboard park at Payne Park or alternative locations should be presented to the Commission; and asked if construction of a skateboard park in Payne Park could commence by February 2, 2002. City Attorney Taylor stated that the ability of the City to commence construction of a skateboard park in Payne Park by February 2, 2002, is unknown; that the adverse impacts of construction in the area of the remaining homes at the SMHP are unknown. Vice Mayor Quillin stated that commencing construction at Payne Park may have to wait until the SMHP closes; that hopetully, the skateboard park will be constructed before a 15-month-old granddaughter graduates from high school; that alternative sites should be considered; that a skateboard park could be constructed in six months if a desirable location is identified. Commissioner Palmer stated that the decision to construct a skateboard park at Payne Park has been reached and should not be dismissed lightly; that an alternate site should only be considered as a last resort. City Manager McNees stated that the recommendation is for the Commission to direct the Administration to consider alternatives for the siting and construction of a skateboard park in the City as expeditiously as possible. Commissioner Martin asked for a timeframe for development of the proposals? City Manager McNees stated that a status report can be provided at the March 4, 2002, Regular Commission meeting. BOOK 51 Page 22616 02/04/02 6:00 P.M. BOOK 51 Page 22617 02/04/02 6:00 P.M. Vice Mayor Quillin stated that the Commission's consensus is to direct the Administration to consider alternatives for the skateboard park and report back at the March 4, 2002, Regular Commission meeting. 14. UNFINISHED BUSINESS: APPROVAL RE: : INFORMATION SUMMARY SHEET COMPARING THE PRESENT COMMISSION-MANAGER FORM OF GOVERNMENT TO THE PROPOSED STRONG-MAYOR FORM OF GOVERNMENT - APPROVED THE INFORMATION SUMMARY SHEET WITH CHANGES; AND AUTHORIZED THE MAILING OF THE INFORMATION SUMMARY SHEET TO EACH CITY HOUSEHOLD (AGENDA ITEM VI-3) #3 (0535) through (1340) CD 9:27 through 9:50 City Auditor and Clerk Robinson distributed a revised Information Summary Sheet (Information Summary) comparing the City's present Commission-Manager form of government to the proposed "Strong -Mayor" form of government. City Manager McNees stated that the Information Summary was prepared as directed by the Commission; that additional direction or comment regarding distribution is requested. City Auditor and Clerk Robinson stated that the Information Summary was prepared by the City Manager, the City Attorney, and the City Auditor and Clerk; that the Information Summary was formatted to mail to registered voters; that one side of the Information Summary provides a summary and comparison of the two forms of government; that the other side of the Information Summary provides the precinct numbers, locations, and the referendum question; that the Information Summary is strictly a fact sheet. Commissioner Servian stated that a change was requested and made to the Information Summary to indicate the City Manager's present powers and duties will be transferred to the "Strong Mayor" if the referendum passes which is a significant concern. Commissioner Martin referred to the term "None" located under Term Limits for the present Commissioner-Manager form of government and stated that the language should read "None, though typically serves one year" for the Mayor's position. Vice Mayor Quillin stated that the referenced area concerns the present Commision-Manager form of government; that currently the number of terms a Commissioner may serve is not limited. Commissioner Martin stated that is correct. Vice Mayor Quillin asked if the language requires change? Commissioner Servian stated no. Commissioner Martin referred to the criteria "Authority to set Commission under Functions and quoted or approve City Agendas" the Proposed "Strong-Mayor" Category as follows: "Strong Mayor" has the authority to set and approve City Commission Agendas Commissioner Martin continued that the term "sole" should be added to the text. Commissioner Servian stated that the proposed text change may not be factual. Vice Mayor Quillin concurred. City Attorney Taylor stated that the validity of the proposed text change will be reviewed. Commissioner Martin stated that the approval of all aspects of the Agendas by the "Strong Mayor" should be stressed; that Agenda items may be removed or reordered by the "Strong Mayor"; that emphasis should be placed on the ability of the "Strong Mayor" to change every aspect of the Agenda; that the phrase "all aspects of" should be added to the text as follows: "Strong-Mayor" has the authority to set and approve all aspects of the City Commission Agendas Commissioner Palmer stated that the ability of the Strong-Mayor" to remove or reorder Agenda items is not necessarily factual; that the Commission may adopt rules of procedure regarding the Agenda, which is not precluded by the Charter. Commissioner Martin asked if the power to establish the Commission's Rules of Procedure remains with the Commission? BOOK 51 Page 22618 02/04/02 6:00 P.M. BOOK 51 Page 22619 02/04/02 6:00 P.M. Commissioner Palmer stated that the concern is the Information Summary must be approved at the current meeting due to the impending March 12, 2002, election date; that final approvals cannot wait for another Commission meeting; that the language of the Information Summary requires a decision at the current meeting. Vice Mayor Quillin stated that approval of the Information Summary should be conditional on desired changes to the document; that the Information Summary could be approved and Staff directed to make any necessary changes. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that incorporating the term "sole" may be possible; however, research is required to assure no one else has similar authority; that the incorporating the phrase "all aspects of" may not be possible. as the recommended language is taken directly from the petition for the "Strong Mayor. a City Auditor and Clerk Robinson stated that the Commission follows Robert's Rules of Order, Newly Revised (Robert's Rules), unless a Commission Rule of Procedure takes precedence; that a Commission vote would be required to change the Commission's Rules of Procedure. Commissioner Martin referred to Veto Powers, under Functions, Proposed Strong-Mayor, and stated that a scrivener's error has occurred; that the number four in parentheses should also be spelled out as was done elsewhere in the document. City Auditor and Clerk Robinson stated that Commission direction is requested to mail the Information Summary to each registered voter; that funds are available in the election account to mail the Information Summary to each registered voter. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to authorize the mailing of the Information Summary Sheet to each City household. Commissioner Palmer stated that the paper color should be changed from white sO the voters will take notice of the document. City Auditor and Clerk Robinson stated that the color of the Information Summary paper can be changed. Vice Mayor Quillin stated that the paper should be teal in color with black lettering for ease of reading; that the origin of the petition from which the "Strong-Mayor" referendum was developed should be added to the Information Summary; that many citizens have inquired as to the origin of the referendum to change the present Commission-Manager to the proposed "Strong- -Mayor" form of government; that the City is not attempting to change the present Commission-Wanager form of government; that the Charter Review Committee voted against the proposed Strong-Mayor" form of government. Attorney Fournier stated that the origin of the referendum may be provided in the Information Summary. Vice Mayor Quillin stated that the Strong-Mayor" referendum is confusing; that the Charter Review Committee voted against the "Strong-Mayor" form of government. Attorney Fournier stated that the Information Summary should not include the vote of the Charter Review Committee against the Strong-Mayor" form of government. City Attorney Taylor stated that the Information Summary is a neutral presentation of the "Strong-Mayor" form of government; that nothing prohibits the Commission from making a statement of position concerning the "Strong-Mayor" form of government; that a formal action or vote of the Commission can be taken. Attorney Fournier stated that the Information Summary is a summary of the proposal as the entire text of the proposed revisions of the City Charter is difficult to read; that the position of the Charter Review Committee would be relevant if the Commission makes a statement of position. Commissioner Palmer asked if a statement of position is informational? City Attorney Taylor stated that the Commission has a legal right to an opinion; that a personal preference may be stated and published if the Commission wishes. Vice Mayor Quillin stated that the origin of the referendum must be included in the Information Summary. BOOK 51 Page 22620 02/04/02 6:00 P.M. BOOK 51 Page 22621 02/04/02 6:00 P.M. Attorney Fournier stated that the origin of the referendum can be included in the Information Summary; that the position of the Charter Review Committee should be included in another document. Commissioner Palmer asked if text can be added to the Information Summary indicating a copy of the full City Charter and proposed changes can be obtained from the Office of the City Auditor and Clerk? City Auditor and Clerk Robinson stated yes. Vice Mayor Quillin asked if a political disclaimer regarding the payment of postage by taxpayers is required for the Informational Summary. Attorney Fournier stated that a political advertisement, which is defined as something supporting or opposing a candidate or issue, requires a political disclaimer disclosing the manner of payment for mailing; that the Information Summary is not a political advertisement. City Attorney Taylor stated that the Information Summary is a neutral document. Commissioner Servian asked if the Information Summary will be sent to households" rather than all voters? City Auditor and Clerk Robinson stated yes; that a document similar to the Information Summary was mailed during the last City At-Large Election. Vice Mayor Quillin called for a vote on the motion to authorize the mailing of the Information Summary Sheet to each household. Motion carried unanimously (4 to 0): Martin, yes, Palmer, yes; Quillin, yes; Servian, yes. Richard Sheldon, 326 South Osprey Avenue, Sarasota (34236), came before the Commission and stated that the reference to votes in the following sections of the Information Summary is inconsistent: Hiring of City Manager Present Commission-Manager Proposed Strong-Mayor" Removal of City Manager Proposed "Strong Mayor" Mr. Sheldon stated that the wording of an affirmative vote of four Commissioners should be consistent with the supermajority" vote of four of five Commissioners as presented in the proposed "Strong-Mayor" section; that the phrase " subject to Commission approval" under the criteria of Supervision of Employees is confusing; and asked the meaning of the phrase "subject to Commission approval"? Commissioner Palmer stated that Commission approval normally means a majority vote. Vice Mayor Quillin stated that a supermajority" vote is four of five Commissioners. Mr. Sheldon asked if the term supermajority" should be included in the criteria of Supervision of Employees on the Information Summary as well. Vice Mayor Quillin stated no. Mr. Sheldon stated that a vote of four of five Commissioners should be worded as a supermajority" vote. Commissioner Martin stated that the text should include the term "supermajority" on a four-of-five vote to remain consistent; that the point is well taken. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to approve the Information Summary Sheet comparing the present Commission-Manager form of government to the citizen-initiated proposed Strong-Mayor" form of government with the inclusion of the changes proposed if deemed appropriate by Staff. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes. Commissioner Palmer stated that many individuals in the community believe the only opportunity voters will have to select a Mayor is through the Strong-Mayor" form of government; that the Commission can consider an elected Mayor with lesser powers if the "Strong-Mayor" referendum fails; that a form of elected Mayor will be personally presented after the "Strong-Mayor" referendum is defeated. 15. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1471, AMENDING THE CITY'S FORMAL RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS, ADOPTED BY RESOLUTION NO. 96R-936 AND AMENDED BY RESOLUTION NOS. 97R-959, 97R-1010 AND 99R-1191, BY ADDING 1 PUBLIC PETITIONS" TO THE AGENDA ORDER OF BUSINESS, AND LIMITING DEBATE AFTER A BOOK 51 Page 22622 02/04/02 6:00 P.M. BOOK 51 Page 22623 02/04/02 6:00 P.M. MOTION HAS BEEN MADE; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VI-4) #3 (1340) through (1683) CD 9:50 through 9:58 City Auditor and Clerk Robinson distributed two new pages to the City of Sarasota Rules of Procedure for City Commission Meetings (Rules of Procedure) included in the Agenda backup material with highlighted changes and stated that the Commission decided on changes to the existing Rules of Procedures at the January 14, 2002, retreat; that a resolution is required to adopt the changes; that the Agenda Order of Business is revised to add - Public Petitions, which will immediately follow the public hearings; and quoted Rule V (D), as follows: D. Persons requesting to make a presentation under Public Petitions must first obtain the consent of the City Manager or one or more City Commissioners. Information summarizing the presentation is required and must be furnished to the Office of the City Auditor and Clerk by 5 p.m. on the Thursday, ten (10) days preceding the Regular Commission meeting date. Presentations are limited to seven (7) minutes. Items under Public Petitions are limited to two (2) per agenda. No action may be taken by the Commission other than referral to the administration and no Citizens' input shall be allowed. City Auditor and Clerk Robinson stated that the Commission also determined debate will be limited after a motion has been made; that a Commissioner may speak two times for up to 10 minutes each after a motion is made; that the present Rules of Procedure do not limit the number of speaking times. City Auditor and Clerk Robinson continued that the remaining significant change to the Rules of Procedure concerns the Consent Agenda; that currently, a pulled item is addressed following approval of other Consent Agenda items; that the proposed Rules of Procedure provide any items pulled from the Consent Agenda will be addressed on the Agenda under New Business or Unfinished Business as appropriate. Commissioner Palmer stated that the procedure for placing an item for second reading on the Consent Agenda requires clarification; and asked if an item is automatically placed or not placed on the Consent Agenda if the prior vote was not unanimous? City Auditor and Clerk Robinson stated that at the time Consent Agendas were initially introduced, the Commission requested second readings not be placed on: the Consent Agenda if the vote was not unanimous; that the criteria is not included in the present Rules of Procedure; that at present, an item must be pulled by a Commissioner to vote against a motion to adopt an ordinance; that Consent Agenda items are considered routine; that only one motion should be required; that an item should not be placed on the Consent Agendas if discussion is expected, a presentation of new facts is required, or new information is provided. Commissioner Palmer stated that the second reading of Ordinance No. 02-4358 regarding megahouses was not placed on the Consent Agenda; that consternation from the public was experienced due to the perception the item was personally pulled; that the placement of second reading of Ordinance No. 02-4358 under Unfinished Business was the decision of the City Auditor and Clerk. City Auditor and Clerk Robinson stated that Staff has a meeting to finalize the Agenda at 10 a.m. on the Monday preceding the Regular Commission meeting; that two public hearings were scheduled for the meeting at which second reading of Ordinance No. 02-4358 would occur; that thè second reading of Ordinance No. 02-4358 was placed under Unfinished Business due to anticipated discussion. Commissioner Palmer asked if an item will be placed appropriately at the end of the Agenda or placed on the Consent Agenda if discussion is anticipated in the future? Commissioner Servian stated that a Commissioner can pull an item from the Consent Agenda for placement under Unfinished or New Business as appropriate if discussion is required. Commissioner Palmer asked if the Administration will have the authority to move a Consent Agenda item? Commissioner Servian stated no. Commissioner Martin quoted Rule X (C) as follows: BOOK 51 Page 22624 02/04/02 6:00 P.M. BOOK 51 Page 22625 02/04/02 6:00 P.M. C. Prior to a motion being made, Commissioners shall be allowed to ask direct questions for informational purposes. Commissioner Martin stated that the opportunity to ask questions or speak is currently available prior to a motion; however, the proposed Rules of Procedure will allow only direct questions for informational purposes prior to a motion. City Auditor and Clerk Robinson stated that is correct; and continued that under Citizens' Input, the Commission can now only refer an issue to the Administration. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1471 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to adopt proposed Resolution No. 02R-1471. Vice Mayor Quillin requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Servian, yes; Martin, yes; Palmer, yes; Quillin, yes. City Auditor and Clerk Robinson stated that the new changes to Rules of Procedure as outlined in proposed Resolution No. 02R-1471 will take effect at the next meeting. 16. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND VOICESTREAM TAMPA/ORLANDO, INC., TO CONSTRUCT A 150-FOOT CELLULAR COMMUNICATIONS TOWER AND EIECOMMUNICATIONS EQUIPMENT AT THE BOBBY JONES GOLF COMPLEX APPROVED WITH A RENT OF $28,200, SUBJECT TO APPROVAL OF THE CONDITIONAL USE APPLICATION (AGENDA ITEM VI-5) #3 (1683) through (2212) CD 9:58 through 10:11 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Voicestream Tampa/Orlando, Inc. Voicestream) - is requesting to lease land from the City and construct a 150-foot cellular communications tower with associated telecommunications equipment at the Bobby Jones Golf Complex (BJGC) ; that the tower will be camouflaged as a flagpole; that Voicestream has conducted a neighborhood meeting; that the Lease Agreement is the first step in a two-part process; that the land use requires conditional use approval which must be obtained through the Planning Board/Local Planning Agency (PBLP) and the Commission; that the conditional use application is on the Agenda for the February 6, 2002, Development Review Committee (DRC) Regular meeting; that the Lease Agreement will not be effective until the conditional use application is approved. Commissioner Servian asked the manner in which the rent amount was determined and if similar lease agreements in the County have been compared. Mr. . Schneider stated that similar lease agreements have been approved by the City; that lease agreements with telecommunication companies began in 1998 with a lease agreement for space on a wat ter tower; that a base rent of $15,000 per year was charged in 1998; that an increase based on the Consumer Price Index (CPI) was built into the rent; that negotiations with Voicestream incorporated the base rate of $15,000 plus the CPI to arrive at the $17,643 amount proposed in the current Lease Agreement; that the County recently entered into lease agreements for space on water towers for the first time; that the rate the County is charging is $2,350 per month or $28,200 per year. Commissioner Servian asked if the $28,200 rent is for space on a water tower? cellular Mr . Schneider stated that the rent is to place a communications device on a water tower. Commissioner Servian asked the reason the City does not wish to obtain a similar rent to the County for the same service? Mr. Schneider stated that rent in an amount similar to the County may be obtained. Dawn Chapman, Site Acquisition Supervisor, 3306 Eastmonte Drive, Varico, Florida (33594), representing Voicestream Tampa/Orlando, Inc., came before the Commission and stated that any proposals to Voicestream will be considered; that locating equipment on an existing structure is very different from incurring the capital expense of building a structure; that the capital expense of building a structure is a requirement of the Lease Agreement; that negotiations with Staff allow the City to collect ground rent from additional carriers who may locate on the site; that Voicestream is building a compound of which only a portion will be utilized; that the Zoning Code (1998 ed.) requires the construction of a three-carrier tower. BOOK 51 Page 22626 02/04/02 6:00 P.M. BOOK 51 Page 22627 02/04/02 6:00 P.M. Commissioner Palmer asked if a portion of the capital expense involved in building a structure can be provided by the additional carrier. Ms. Chapman stated that an additional carrier to fund a portion of the capital expense of building a structure has not been identified; that interest has been expressed by other carriers; however, the capital expense at time of expenditure is Voicestream's cost to bear. Commissioner Palmer stated that is understood; and asked if the capital expense could be shared by additional carriers? Ms. Chapman stated yes; however, the existence of an additional carrier to share the capital expense is an unknown factor at the time of expenditure. Vice Mayor Quillin stated that is correct; however, additional carriers may be charged as if the structure is newly constructed. Mr. Schneider stated that the Lease Agreement is structured SO an additional user will be required to obtain a ground lease with. the City and a tower lease with Voicestream; that the tower lease would assist Voicestream in recapturing the investment. Commissioner Martin stated that the initial term of the lease is for five years with four additional five-year renewal terms; therefore, the term is potentially a 25-year lease; that the annual adjustment will be based on the CPI; that the concern is locking the City into only a CPI increase in revenue; that mobile communication is the wave of the future; and asked if the negotiation of the Lease Agreement is typical or wise? Mr. Schneider stated that the CPI is a fair basis upon which to adjust the rent; that Voicestream is leasing ground space from the City; that the City is leasing land to Voicestream and is not attempting to obtain any portion of the revenues the company receives from the tower; that the terms of the Lease Agreement are fair; that the CPI is possibly more profitable than other annual increase factors. On motion of Commissioner Palmer and second of Commissioner Servian, it was moved to authorize Staff to execute the Lease Agreement between the City and Voicestream Tampa/Orlando, Inc., with a change in the rent to $28,200, subject to approval of the conditional use application. Vice Mayor Quillin stated that sending the Lease Agreement back to the Administration is preferred; that industry standards should be reviewed; that BJGC is a prime location; that the incorporation of the telecommunications equipment into a flagpole is pleasing; that the best interests of the City and Voicestream require further review; that a 25-year Lease Agreement with increases dictated by the CPI is a concern. Commissioner Martin stated that the concern is shared; however, Staff's input was helpful; and asked if the Lease Agreement is prudent and fiscally responsible? City Manager McNees stated yes; that utilizing the CPI for calculation of rent increases is supported; that the rent increase could be indexed with commercial property values; however, the level of complication of such an index is not worthwhile. Commissioner Martin stated that the CPI is the proper index; that the concern is for the term of renewals; that the Lease Agreement should be reviewed after two renewals instead of four; that the capital expense and investment of Voicestream is realized and taken into consideration; that the assurances of Staff are pleasing; that a neighborhood meeting was held regarding the Lease Agreement; that the concerns raised at the neighborhood meeting will be addressed during the conditional use application process. Commissioner Palmer stated that the neighborhood meeting was personally attended; that the concerns raised will be addressed during the conditional use application process, including the review by the PBLP. Vice Mayor Quillin asked if Staff is pleased with the rent increase to $28,200 for the current Lease Agreement or if the option should be available to renegotiate in 10 years. Mr. McNees stated that Staff is pleased with the Lease Agreement; that the Lease Agreement will not be renegotiable in 10 years. Vice Mayor Quillin called for a vote on the motion to authorize Staff to execute the Lease Agreement between the City and BOOK 51 Page 22628 02/04/02 6:00 P.M. BOOK 51 Page 22629 02/04/02 6:00 P.M. Voicestream Tampa/Orlando, Inc., with a change in the annual rent to $28,200, subject to approval of the conditional use application. Motion carried unanimously (4 to 0): Martin, yesi Palmer, yes; Quillin, yes; Servian, yes. 17. NEW BUSINESS: PRESENTATION RE: REQUEST BY AQUARIAN QUEST, A BOAT THAT PROVIDES EDUCATIONAL TOURS DURING THE DAY AND SUNSET CRUISES AT NIGHT, FOR A SPECIAL PERMIT TO ALLOW OPERATION IN THE CITY = APPROVED TO REQUIRE THE APPLICANT TO FILE A MAJOR CONDITIOINAL USE APPLICATION (AGENDA ITEM VII-1) #3 (2212) through (0497) CD 10:11 through 10:54 V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Aquarian Quest, Inc., operates a boat which provides educational tours during the day and sunset cruises. at night; that. Staff has been requested to provide. a special permit to allow Aquarian Quest to operate in the City to avoid the major conditional use application process required in the Zoning Code (1998 ed.) for the mooring of the vessel; that Staff informed Aquarian Quest of the requirement to apply for approval of a major conditional use; that Aquarian Quest indicated interest in requesting the special permit directly from the Commission. Vice Mayor Quillin stated that a meeting was held with Staff and representatives of Aquarian Quest; that docking space was obtained for Aquarian Quest prior to the tourist season; however, the vessel owner was not pleased with the site; that Aquarian Quest was informed the approval process for land use must be followed; that a special permit cannot be obtained; that the Zoning Code (1998 ed.) must be followed; that the major conditional use application process should be initiated now for next season. City Attorney Taylor stated that is correct; that the Commission would be undertaking an unlawful act if a special permit were considered; that the City Attorney's Office will not advise the Commission to issue a special permit; that the major conditional use application process must be followed. Commissioner Palmer referred to a letter dated November 7, 2001, from John Strickland, Attorney, Livingston, Patterson, Stickland, & Weiner, P.A., to Mayor Mason regarding Aquarian Quest and asked if the City Attorney's Office has received a copy? City Attorney Taylor stated that a copy of the November 7, 2001, letter was received; that Marina Jack has a Special Exception approved by the City which Aquarian Quest would like to utilize; that the Special Exception use is controlled by Marina Jack; that the vessel operating under the Special Exception is under the control of Marina Jack; that Marina Jack can decide if another vessel will be substituted; that Marina Jack must make the decision, not the City or anyone else. Commissioner Palmer stated that the November 7, 2001, letter indicates that Marina Jack will not support the request of Aquarian Quest. Vice Mayor Quillin stated that the November 7, 2001, letter can be copied and distributed to interested persons in the audience; that the City cannot dictate to property owners. The following people came before the Commission: Joe Jacobson, President, Aquarian Quest, Inc., 2721 Wilkinson Road, (34231), stated that mission goals will be discussed; and asked if a three minute video can be viewed after the comments? Vice Mayor Quillin stated that the Agenda request pertains to a specific item; that comments must pertain to the Agenda item. Mr. Jacobson quoted the Aquarian Quest Mission Statement as follows: Aquarian Quest is a non-profit organization which fosters environmental education and community involvement along the west coast of Florida with a mission to raise human consciousness by connecting with other people in the context of southwest Florida's natural marine eco-systems. Vice Mayor Quillin stated that Aquarian Quest requested the Commission consider granting a special permit. Mr. Jacobson stated that is correct. Vice Mayor Quillin stated that Staff has attempted to assist Aquarian Quest in locating dock space. Mr. Jacobson stated that is correct. BOOK 51 Page 22630 02/04/02 6:00 P.M. BOOK 51 Page 22631 02/04/02 6:00 P.M. Vice Mayor Quillin stated that a major conditional use application must be processed; and asked if Aquarian Quest understands a special permit cannot be issued? Mr. Jacobson stated yes. Vice Mayor Quillin asked if Aquarian Quest will begin the major conditional use application process for the fall of 2002. Mr. Jacobson stated yes; that the November 7, 2001, letter was received at the current meeting. Vice Mayor Quillin stated that Aquarian Quest's mission is commendable; and asked if prudence dictates continuing to have speakers address the possibility of a special permit? Mr. Jacobson stated that some members of the public have requested to speak on their own volition. Vice Mayor Quillin stated that the Commission will continue to listen; that the public will be disappointed to discover a special permit cannot be granted. Mr. Jacobson stated that Aquarian Quest came to the current meeting not expecting a special permit. Vice Mayor Quillin stated that the special permit request is the Agenda item; that the Aquarian Quest's work is exciting and is applauded. Mr. Jacobson stated that Aquarian Quest applauds the support of the Commission. Robert Killian, Vice President and Director of Education, Aquarian Quest, 2352 Wood Street, (34237), stated that City regulations regarding embarking and disembarking of passengers on or off a vessel from publicly owned property except in relation to the special exceptions held by lessees of the City-owned waterfront property are understood; that Aquarian Quest wishes to fulfill the commi tment to the schools, Gulfcoast Wonder & Imagination Zone (G.WIZ), and the Girl Scouts of America to which verbal commit tments to participate in programs have been made; that any misconception regarding the Aquarian Quest mission is a concern; that waterfront businesses believe Aquarian Quest is business competition; that Aquarian Quest is a unique educational entity; that Aquarian Quest can assist in increasing interest in other waterfront businesses; that Aquarian Quest is an educational rather than a commercial entity; that Aquarian Quest does not intend to offer sunset sails; that member sails will be offered; that other types of Aquarian Quest cruises will support the educational portion of the program; that the primary function of Aquarian. Quest is to train children and adults as stewards of the earth; that Aquarian Quest is a non-profit organization; and asked if the City would allow Aquarian Quest to operate under Marina Jack's special exception until the completion of the Aquarian Quest pilot project on April 15, 2002, if Marina Jack agrees to substitute temporarily the 47-passenger educational schooner for the 179-passenger dinner boat currently permitted under the special exception. Vice Mayor Quillin stated that Marina Jack is not interested according to the November 7, 2001, letter. Mr. Killian stated that Marina Jack only now indicated no interest in Aquarian Quest's operating a sunset cruise. Vice Mayor Quillin stated that the special exception is under the control of Marina Jack; that the City should not intercede with Marina Jack on behalf of Aquarian Quest. City Attorney Taylor stated that Marina Jack may request the City to allow Aquarian Quest to operate under the special exception; that the outcome of such a request is unknown. Thomas Reed, Co-Owner, Key Sailing, Inc., 1219 Southport Drive, (34242), stated that the mission of Aquarian Quest is unknown; that questions of concern are: 1. Why is Aquarian Quest in Sarasota? 2. Is Aquarian Quest in the City from February through April to provide educational and environmental activities and study marine life through sailing? 3. Is Aquarian Quest in the City from February through April to provide sunset sails, day sails, and corporate sails as indicated with prices in the brochure? 4. Is Aquarian Quest in the City from February through April to use the vessel for profit? Mr. Reed stated that educational and environmental tours are already provided in the City; that Mote Marine Laboratory and BOOK 51 Page 22632 02/04/02 6:00 P.M. BOOK 51 Page 22633 02/04/02 6:00 P.M. Aquarium offers educational cruises; that Le Barge Tropical Cruises with a marine biologist on board are currently enjoyed by the City; that Enterprise Sailing Chartered, Inc., Key Sailing Charters, Inc., and Spindrift Yacht Services are also enjoyed by the City; that the mentioned charters have been operating for many years for the citizens of the City and the visiting tourists; that the charter owners built the business from the ground up, live and own homes, have children who attend schools, are involved in the community and many service areas, pay taxes, attend churches, and belong to the local Chamber of Commerce; that County and City permits have been obtained by the charters; that the charters are accountable to the City, the County, the United States Coast Guard, and the marinas as well as for the safety and well-being of the passengers. Sally Reed, Co-owner, Key Sailing, Inc., 1219 Southport Drive (34242), stated that Key Sailing, Inc., operates from Marina Jack; that the established sailing charters in the City already provide community involvement and environmental education; that the charters are dedicated to good citizenship by supporting the community through philanthropic activities such as the donation of free cruises; that the organizations benefiting from free cruises offered by Key Sailing include the Red Cross, the American Heart Association, the Mote Marine Foundation, Sarasota High School, and others. Kirk Harden, Co-owner, Enterprise Chartered, Inc., 7 Palm Harbor Drive, Holmes Beach (34217), referred to a memorandum dated January 28, 2002, from Timothy Litchet, Director of Building, Zoning and Code Enforcement, to City Manager McNees, regarding Aquarian Quest and stated that Aquarian Quest may be misrepresenting its mission; that the integrity of Aquarian Quest may not be as high as represented; that Mr. Jacobson indicted Aquarian Quest is accepting reservations for sunset cruises which would have a scientific component; that a major conditional use application will be required prior to Aquarian Quest operating in the City; that Mr. Jacobson indicated the Commission would be lobbied for special legislation for an exemption. Mr. Harden referred to a memorandum dated January 29, 2002, from Timothy Litchet, Director of Building, Zoning and Code Enforcement, to City Manager McNees, regarding Aquarian Quest and stated that the memorandum indicated a method of waiving the regulations for a temporary period of time was requested by Aquarian Quest; that Mr. Jacobson was informed of the inability to operate the schooner in the City without approval of a major conditional use application; that the Aquarian Quest vessel anchored off-shore and came ashore to take paying passengers onto the vessel; that the passengers were taken for a sunset tour and returned to the marina two and one half hours later; that the vessel swung around the marina and blocked the channel wayi that the paying passengers were loaded in a dinghy and returned to shore; that Bayfront Park is clearly marked as an area of no solicitation; and asked if Aquarian Quest has received approval of special legislation or is Aquarian Quest operating outside of the clear direction of the City. not to operate until the major conditional use application process has been completed? Stacy Wolfe, 4465 McIntosh Park Drive (34232), stated that a sunset sail on the Aquarian Quest vessel was experienced on February 3, 2002; that a scientific component to the sail was not observed; that the type of sunset cruise experienced on the Aquarian Quest does not differ form the cruises offered by established charters; that the passengers departed from the shores of Bayfront Park in a dinghy and were loaded on the Aquarian Quest vessel; that upon return, the passengers were again loaded on the dinghy and returned to the seawall of Bayfront Park; that the difference between the Aquarian Quest charter and a commercial sailing charter experienced in Key West was not discerned; that a moment of silence to hear the ship creak for the purpose of obtaining a higher consciousness was the only holistic component noted. Winston Spurgeon, Co-owner, Le Barge Tropical Cruises, 1923 Lincoln Drive (34236), stated that the boat operated by Le Barge Tropical Cruises has been docked at Marina Jack for approximately 20 years; that Aquarian Quest appears to offer two types of cruises; that one cruise provides an environmentally sensitive trip and the other appears a commercial enterprise; that Aquarian Quest is operating a business like any other commercial enterprise in the Sarasota Bay area; that Aquarian Quest is trying to avoid the City's rules. Vice Mayor Quillin stated that Aquarian Quest is not avoiding the City's rules and regulations. Mark Libowitz, Founder, Family Harmony Institute, 2286 Street (34239), stated that the Family Harmony Institute has been assisting families in the City for 18 years; that the Aquarian Quest staff are servers not money grabbers; that the BOOK 51 Page 22634 02/04/02 6:00 P.M. BOOK 51 Page 22635 02/04/02 6:00 P.M. staff of Aquarian Quest has other incomes in addition to the salaries derived from the business; that the community speaking against Aquarian Quest has self-interest in mind; that having to be in the position of defending Aquarian Quest is surprising; that the Aquarian Quest staff is of the highest integrity with only intentions of serving individuals of all denominations and socio-economic groups; that knowledge of the mission of Aquarian Quest will allay fears of. competition; that the staff of Aquarian Quest is of high integrity. Kara Antinarelli, 2236, Ixora Avenue (34234), stated that involvement with Aquarian Quest began as an intern teaching education components as a full-time New College of Florida student; that lessons are taught regarding fish plankton, boat life, water quality, and the essence and importance of the aquatic medium are taught as a feature of the Aquarian Quest cruise; that the enthusiasm of the children is wonderful; that the education of the youth-is of significant personal concern; that Aquarian Quest is working with children on a positive level and attempting to bring the community together; that the Commission's support is requested. Larry Landis, 3412 Clark Road, (34231), stated that business must be conducted according to laws and regulations; that Aquarian Quest would not ask the Commission to perform illegal acts; that fees have not been paid for the Aquarian Quest cruise; that Aquarian Quest has given member cruises; that a personal membership to Aquarian Quest was $25 and a member cruise was personally attended; that the children who have participated in cruises would be upset about the comments regarding competition; that competition for a worthy cause does not exist; that the Aquarian Quest vessel is a classroom and is unparalleled as a place for learning; that the City is a source of personal pride; that the Commission will be proud of the accomplishments of Aquarian Quest; that a location for Aquarian Quest must be found. City Manager McNees stated that the constitution requires the City to protect private property rights; that the laws require any business to go through the land use process to satisfy the dictates of the law; that the City is not trying to stop something which may be beneficial to the community but rather to enforce the law which was written to protect private property and the citizens of the community; that the City remains committed to assisting Aquarian Quest through the major conditional use application process. Vice Mayor Quillin stated that the necessary approvals would have been obtained and a location provided within the City if Aquarian Quest had begun the process of obtaining the major conditional use application in December 2001; that the law and the regulations must be followed. Commissioner Martin stated that questioning the motives of Aquarian Quest is resented; that Aquarian Quest is personally supported; that capturing the imagination of the community, bringing the Aquarian Quest vessel to the City, and getting good press is a remarkable successi that the Aquarian Quest mission is supported; that the City would like to host Aquarian Quest; that Aquarian Quest would do the City proud; that the continuing efforts of Aquarian Quest are supported. Commissioner Servian stated that her youngest son spent time on a tall ship as a youth counselor for children at risk; that the son went on the ship as a boy and came off a man; that the Aquarian Quest program is applauded; that hopefully, the major conditional use application process can be completed and Aquarian Quest will make the City proud. Commissioner Palmer stated that many letters in support of Aquarian Quest have been received; that the value of the educational opportunity Aquarian Quest provides is well known; that obtaining the major conditional use application through the City process is requested. 18. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE A THIRD AMENDMENT TO THE PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF SARASOTA AND RONALD D. RIVERS AND CHARLES E. RIVERS, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF FRUITVILLE ROAD AND COCOANUT AVENUE, TO PROVIDE THAT THE APPLICANT APPLY FOR A BUILDING PERMIT BY FEBRUARY 19, 2002, AND RECEIVE APPROVAL OF THE BUILDING PERMIT NO LATER THAN MAY 19, 2002 APPROVED (AGENDA ITEM VII-2) #4 (0497) through (1106) CD 10:54 through 11:09 Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission, and stated that on December 5, 2000, the City executed a Second Amendment to the Purchase and Sale Agreement (Agreement) for property located at BOOK 51 Page 22636 02/04/02 6:00 P.M. BOOK 51 Page 22637 02/04/02 6:00 P.M. the northwest corner of Fruitville Road and Cocoanut Avenue; that the Agreement provided the buyers, Ronald and Charles Rivers (Buyers), shall apply for a building permit for the townhouse multi-family residential development within three months of receiving conceptual site plan approval from the City Manager and the Development Review Committee (DRC); that the required approval was obtained on August 6, 2001; therefore, application for a building permit should have been made by November 6, 2001; that the Buyers have an obligation to diligently pursue issuance of the building permit according to the Agreement; that additionally, the Buyers are to commence construction of development within 90 days of the date of issuance of the building permit; that the Buyers have not applied for a building permit as of the current date; that one of the Buyers has indicated problems have arisen with receiving Southwest Florida Water Management District (SWFWMD) approval; that problems with the construction bids received for the project have also arisen. Mr. Litchet referred to a January 22, 2002, letter to Staff from Ronald Rivers, President and Owner, R&C Rivers Companies, Inc. (R&C), regarding a request to extend the building permit application for the Theater MEWS project included in the Agenda backup material; and stated that the request is for a six-month extension to the Amendment; that documentation of the SWFWMD issue has been received. Mr. Ronald Rivers, J. Thomas O'Brien, AIA, and Steve Tidsworth, General Contractor, representing R&C, came before the Commission. Mr. Rivers stated that considerable funds and time have been expended on the Theater MEWS project. Mr. O'Brien stated that the development of plans and the bidding process for the Theater MEWS project proceeded diligently in August 2001; that R&C was not successful in obtaining complete site approval; that the City was cooperative in dealing with the challenges faced on the proposed construction site; that the 30-unit-per-acre density requirement of townhomes in the Theater and Arts District (TAD) was the most difficult challenge; that the density requirement would cover the proposed construction site completely; that complete site coverage would leave no site area for a stormwater drainage treatment system; that the Theater MEWS projeçt will be dependant on an underground stormwater drainage system; that the stormwater drainage system plans were developed utilizing the same plans as the Library MEWS project; that the stormwater drainage treatment system plans have met with steadfast resistance from the SWFWMD review engineer; that a difference of opinion between the SWFWMD design engineer and the R&C design engineer has created an intractable impasse; that the plans are available to submit for the building permit process; however, a building permit cannot be issued without SWFWMD approval; that support from the City Engineering Department is requested; that a similar stormwater drainage treat tment system will be required in similar redevelopment projects in the downtown area; that the R&C design engineer identified areas in which a different approach on the outfall from the stormwater drainage treatment system will enable a portion of stormwater to flow into the City stormwater system. Vice Mayor Quillin asked if a report from the Engineering Department has been received? Mr. Litchet stated that a specific report has not been provided; that R&C was encouraged to apply for the building permit; that the contract is in default as the building permit was not sought; that the engineering review fee and the 25 percent permit application fee have been requested so the construction documents can be reviewed; that R&C has been encouraged to begin the City building permit review process. Mr. Rivers stated that a building permit review process will be initiated based on Staff's recommendation. Vice Mayor Quillin asked the reason the building permi t review process has not begun. Mr. O'Brien stated that the understanding is a building permit will not be issued without SWFWMD approval; that submittal for the building permit was delayed until SWFWMD approval is received. Vice Mayor Quillin stated that Staff has encouraged R&C to apply for the building permit sO assistance can be provided; that R&C is in default of a City contract due to the delay in applying for a building permit. Mr. Litchet stated that the review process will take approximately 90 days; that within six months of the issuance of the building permit, construction must begin; that R&C must be pressing SWFWMD to obtain approval for the stormwater drainage system; that Staff is not recommending changing the approach of BOOK 51 Page 22638 02/04/02 6:00 P.M. BOOK 51 Page 22639 02/04/02 6:00 P.M. receiving the certificate of occupancy (CO) within 18 months of the day the building permit is issued. Vice Mayor Quillin stated that the timeframe is tight. Commissioner Palmer stated that the Theater MEWS project is terrific and asked if the timetable for project completion is realistic? Mr. Litchet stated yes; that R&C has been encouraged from the beginning to apply for the building permit; that frustration has been experienced in attempting to start the building permit process; that the City could be doing a simultaneous review with SWFWMD; that the actions of SWFWMD are beyond the City's control; that applying for the building permit will allow the Engineering Staff to speak with SWFWMD; that the burden is on R&C to obtain the building permit. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to direct the City Attorney to prepare a Third Amendment to the Purchase and Sales Agreement between the City of Sarasota and Ronald D. Rivers and Charles E. Rivers for property located at the northwest corner of Fruitville Road and Cocoanut Avenue to require the applicant apply for a building permit by February 19, 2002, and receive approval of the building permit no later than May 19, 2002. Vice Mayor Quillin asked the reason the application for the building permit was not made in November 2001. Mr. Rivers stated that the understanding was a building permit would not be required until SWFWMD granted approval of the stormwater drainage system. Vice Mayor Quillin asked the reason R&C was of the opinion a building permit would not be required until SWFWMD granted approval of the stormwater drainage system? Mr. O'Brien stated that the understanding was the site plan required finalization within a certain timeframe subsequent to site approval; that the understanding is site approval is dependant on the SWFWMD permit; that discussion with Staff within the last month has clarified the need for beginning the building permit process. Vice Mayor Quillin called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Servian, yes. 19. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) # 4 (1109) through (1645) CD 11:09 through 11:26 Commissioner Martin distributed to the Commission a copy of his remarks of January 30, 2002, to the Sarasota Board of County Commissioners (BCC) and stated that a letter dated January 30, 2002, was prepared by Douglas James, Chief Planner, Planning Department, who is the City liaison with the County concerning the Sarasota 2050 Vision Plan (2050 Vision Plan), was presented to the BCC; that three points of concern were raised by the City as follows: 1. The future development of the County may impact the transportation and thoroughfares of the City west of Interstate-75. 2. The strengthening of the alliance of the County with the city municipalities to address issues which affect both governments is requested. A semi-annual City and County Commission meeting should be included in the 2050 Vision Plan. 3. Affordable housing should be dispersed throughout the County but is currently concentrated in the City. The BCC was encouraged to include affordable housing in the 2050 Vision Plan. Commissioner Martin stated that the adoption of the 2050 Vision Plan by the BCC is unknown at this time; that the time and effort the BCC spent in public hearings and deliberations is impressive. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (1050) through (1645) CD 11:10 through 11:26 COMMISSIONER MARTIN: A. stated that Commission Workshops are frequently scheduled during the afternoon immediately preceding a Regular Commission meeting; however, a Commission Workshop was not scheduled during the afternoon prior to the current meeting; that the additional time allowed to BOOK 51 Page 22640 02/04/02 6:00 P.M. BOOK 51 Page 22641 02/04/02 6:00 P.M. review the Agenda backup material for the current meeting was appreciated; that the Agenda backup material is not always provided in a timely manner to allow a thorough review; that Commission Workshops should no longer be scheduled during the afternoon immediately preceding a Regular Commission meeting to allow Commissioners additional time to review the Agenda backup material. Commissioner Palmer concurred and stated that Commission Workshops should not be scheduled during the afternoon immediately prior to a Regular Commission meeting; that reviewing the Agenda backup material for a Regular Commission meeting requires significant time for comprehension and to ask any questions of Staff, the Administration, or the appropriate parties; that any existing Commission Workshops planned for the afternoon prior to a Regular Commission meeting should be rescheduled if possible. Commissioner Servian concurred and stated that allowing additional time to review the Agenda backup material for Regular Commission meetings or to ask questions of Staff, the Administration, or the appropriate parties would expedite the meeting. B. stated that the Commission should consider renaming the multi-use recreational trail (MURT) to a more community-oriented title; that MURT is not a pleasing or desirable name; that a contest could be facilitated to produce a name desired by residents. C. stated that the Farmer's Market is one of the most important regular events which attracts a significant number of residents and tourists to Downtown; that individuals can patronize the Farmer's Market free of charge; that the City provides significant funding for Downtown and particularly the Lemon Avenue Mall; that the Farmer's Market should be expanded to generate further activity Downtown; that artists and other merchants are willing to participate in the Farmer's Market, which is a remarkable event. Vice Mayor Quillin stated that the Farmer's Market is facilitated by the Downtown Association of Sarasota, Inc. (Downtown Association), and not the City; that any concepts for expanding the Farmer's Market should be discussed with the Downtown Association, which proposed expansion in the past. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Board of Directors of the Downtown Association discussed the expansion of the Farmer's Market many times and were informed the City would support expanding the Farmer's Market south of the Lemon Avenue Mall; that the Downtown Association has been unable to attract additional merchants to sell produce and other foods at the Farmer's Market; that several artists and merchants have expressed interest in participating at the Farmer's Market but would compete with the existing Downtown artists and merchants of Main Street; that the Downtown Association will seek to expand the Farmer's Market if additional merchants selling produce and other foods indicate an interest in participation. Commissioner Martin stated that Commissioners should encourage the expansion of the Farmer's Market; that three new merchants selling produce recently began participating at the Farmer's Market; that the participation of additional artists and merchants should be limited to hand-made crafts and products. Commissioner Palmer stated that the Farmer's Market recently expanded from the Lemon Avenue Mall to the front of the Main Street Station; that expanding the Farmer's Market is supported. COMMISSIONER PALMER: A. stated that the issue of homeless persons in the City and the County must be addressed; that the City is being criticized in the media for not adequately addressing the issue of homelessness; that a comprehensive examination of homelessness in the City should be conducted; that the Downtown Association is currently conducting a study of homelessness Downtown; that many other local organizations are dedicated to resolving homelessness in Sarasota; that the City and the County should collaborate to examine the issues and devise a solution; that in particular, the Sarasota Police Department (SPD), the Sarasota County Sheriff's Office, County and State social service agencies, local non- profit organizations, and local religious organizations should collaborate to resolve homelessness; that the Administration should provide a recommendation concerning the development of a communitywide program to resolve homelessness in Sarasota. BOOK 51 Page 22642 02/04/02 6:00 P.M. BOOK 51 Page 22643 02/04/02 6:00 P.M. Vice Mayor Quillin stated that the City has devoted significant efforts to resolving local homelessness previously; that the most significant problem is the lack of interim housing for homeless persons; that several religious and non-profit organizations have established programs to provide work and rehabilitation services for homeless persons and families; that Community Development Block Grant (CDBG) funds could be utilized to develop housing for homeless individuals; that the Sarasota County Coalition for the Homeless, Inc., is working to provide assistance for local homeless persons and can provide data and other information if desired; that the City and the County could provide additional financial assistance to housing programs for homeless persons and families; that the issue of homelessness is significant. Commissioner Servian stated that the issue of homelessness in Sarasota should be submitted to the Sarasota County Openly Plans for Excellence (SCOPE) program for advocacy; that homelessness is a communitywide issue. Commissioner Palmer stated that long- and short-term solutions must be developed for the issue of homelessness in Sarasota; that the City should seek action as soon as possible. Commissioner Servian stated that the SCOPE program is an appropriate organization to address a particular communitywide issue with a comprehensive effort; that the issue of homelessness is significant and would burden the Administration; that the SCOPE program could address the issue of homelessness and provide a recommendation to the City. COMMISSIONER SERVIAN: A. requested that a resolution be drafted opposing the proposed Charter Amendment to change the City's form of government to a Strong-Mayor" system and placed on the Agenda of the February 19, 2002, Regular Commission meeting. VICE MAYOR QUILLIN: A. stated that the assistance of Commissioners, the Administration, Staff, the City Auditor and Clerk, and the City Attorney to facilitate the current meeting is appreciated. B. stated that the issue of towing vehicles of Downtown patrons was previous raised; that many Downtown patrons had vehicles towed but were charged between $80 and $90, which exceeds the $75 maximum amount allowed in the City; that a report was requested of the Administration but has not been provided. City Manager McNees stated that SPD Staff investigated the issue but were unable to uncover substantial evidence Downtown patrons were charged more than the $75 maximum allowed amount for towed vehicles. Vice Mayor Quillin stated that the media reported several similar towing incidents during which Downtown patrons were significantly overcharged; that SPD Staff should contact the media to verify the information. C. stated that SPD Officers routinely walk beats in many areas of the City; that she and Commissioner Servian were recently solicited while patronizing a restaurant on Dr. Martin Luther King, Jr. (MLK), Way; that an SPD Officer was not present nearby at the time the solicitation occurred; that the limited staffing of SPD Officers to walk beats is understood; however, Citizen Volunteer Program members could be utilized to walk beats in many areas of the City such as Dr. MLK Way; that many residents. have complained about the increasing occurrence of solicitations Downtown and other areas of the City. D. stated that the efforts of Engineering Staff to remove the left-turn sign from westbound Tenth Street onto Lemon Avenue near the WWSB-TV Channel 40 Studio are appreciated. BOOK 51 Page 22644 02/04/02 6:00 P.M. BOOK 51 Page 22645 02/04/02 6:00 P.M. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1645) through (1680) CD 11:26 through 11:27 CITY MANAGER MCNEES: : A. stated that the media recently accused the City of unfairly enforcing the City's laws concerning vagrancy against homeless individuals; that Sarasota Police Department (SPD) Officers enforce all City laws fairly and do not target particular groups or individuals; that the efforts of SPD Officers to enforce the City's laws fairly and justly are appreciated and supported. 22. ADJOURN (AGENDA ITEM XII) #4 (1680) CD 11:27 There being no further business, Vice Mayor Quillin adjourned the Regular meeting of February 4, 2002, at 11:27 p.m. ei MARY J. QUILINA VICE MAYOR ATTEST a, 6 d ieigE Roloen BILLY ES ROBINSON, CITY AUDITOR AND CLERK