BOOK 51 Page 22769 03/04/02 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 4, 2002, AT 6:00 P.M. PRESENT: Mayor Carolyn J. Mason, Vice Mayor Mary J. Quillin, Commissioners Richard F. Martin and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Commissioner Mary Anne Servian PRESIDING: Mayor Mason The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Mason stated that Commissioner Servian is not present due to a family illness. 1. PRESENTATION RE : EMPLOYEE OF THE MONTH FOR FEBRUARY 2002, NATALIE S. RUSH, / TRANSPORTATION PLANNER, ENGINEERING DEPARTMENT #1 (0020) through (0200) CD 6:02 through 6:05 Mayor Mason requested the City Manager McNees, Dennis Daughters, Director of Engineering/City Engineer, and Natalie Rush, Transportation Planner, Engineering Department, and Employee of the Month for February 2002, join her and the Commission before the Commission table. Mr. Daughters stated that Ms. Rush was employed initially by the Engineering Department as a Senior Clerk and was promoted to Transportation Planner shortly thereafter due to her background and experience; that Ms. Rush is an excellent employee and has done an outstanding job in both positions, is a team player who is courteous to the public and fellow employees, has a good sense of humor, and was instrumental in the implementation of the traffic calming program's goal as well as the City's goal "to be a safe place for people" by recommending steps to reduce the volume and speed of vehicular traffic on residential neighborhood streets; that Ms. Rush acts as the coordinator with the Department of Neighborhoods in accomplishing the City goal "to have viable neighborhoods working together as a community"; that Ms. Rush manages and updates the Engineering Department's web page in addition to a heavy workload; that a helping hand is lent to any priority project; that Ms. Rush is dependable and ambitious and serves with excellence and pride. Mayor Mason read from and presented Ms. Rush with a plaque, a City-logo watch, and a certificate as the February 2002 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. City Manager McNees stated that the entire Engineering Department is present in the audience to support Ms. Rush, which is wonderful; that Ms. Rush's efforts are appreciated. Ms. Rush stated that the coworkers and supervisors work as a team in the Engineering Department and are also deserving of the award. 2. PRESENTATION RE: : RESOLUTION ADOPTED BY THE SARASOTA- BRADENTON AIRPORT AUTHORITY TO POLICE CHIEF GORDON R. JOLLY AND THE SARASOTA POLICE DEPARTMENT FOR ASSISTANCE PROVIDED SINCE SEPTEMBER 11, 2001, REGARDING IMPLEMENTATION OF SECURITY MEASURES #1 (0200) through (0315) CD 6:05 through 6:07 Mayor Mason requested that Fred Piccollo, Executive Director, Robert Waechter, Vice President, and Anthony Marone, Police Chief, Sarasota-Manatee Airport Authority, and Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), join her and the Commission before the Commission table. Mr. Waechter stated that the September 11, 2001, terrorist attacks on the US had an immediate and devastating effect on the aviation industry; that the numerous changes mandated by Federal Aviation Administration to the airport security program at the Sarasota-Bradenton International Airport (Airport) strained the ability to comply; that the security changes were intended to insure the safety of the traveling public but were beyond the staffing ability of the Airport; that in response to the Airport's request for assistance, area law enforcement agencies were immediately forthcoming; that SPD unhesitatingly provided interim law enforcement support to the Airport; that no other BOOK 51 Page 22770 03/04/02 6:00 P.M. BOOK 51 Page 22771 03/04/02 6:00 P.M. community in the nation responded to the needs of the airport as rapidly and protessionally and with the level of participation of the area's law enforcement local agencies; that with the utmost appreciation and gratitude, the Board of the Sarasota- Manatee Airport Authority adopted a resolution on January 22, 2002, and directed Airport representatives to express personal appreciation to the Commission, SPD, and Chief Jolly for their exceptional efforts; and read and presented the resolution of appreciation. Chief Jolly stated that on behalf of the men and women of SPD, the resolution of the Airport is appreciated; that the effort demonstrates the level of cooperation of law enforcement agencies of Sarasota and Manatee Counties; that assisting the Airport was a pleasure. 3. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF FEBRUARY 15, 2002, AND THE REGULAR ARASOTA CITY COMMISSION MEETING OF FEBRUARY 19, 2002 - APPROVED (AGENDA ITEM I-1 AND -2) #1 (0315) through (0360) CD 6:07 through 6:08 Mayor Mason asked if the Commission had any changes to the minutes? Mayor Mason stated that hearing no changes, the minutes of the February 15, 2002, Special and February 19, 2002, Regular Commission meetings are approved by unanimous consent. 4. BOARD ACTIONS RE: REPORT RE: PUBLIC ART COMMITTEE REPORT OF FEBRUARY 13, 2002 = APPROVED THE PUBLIC ART LOAN PROGRAM WITH THE ADDITION OF A PROVISION INDICATING THE OWNER SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO THE WORK OF ART WHILE IT IS ON LOAN TO THE CITY; RECEIVED REPORT (AGENDA ITEM II-1) #1 (0360) through (0495) CD 6:08 through 6:10 George Haborak, Vice Chair, Public Art Committee (PAC), and John Burg, Chief Planner, Planning Department, came before the Commission. Mr. Haborak that over the past year, the PAC has developed a number of initiatives to assure a strong Public Art Program in the City such as the Palm Avenue Public Art Program and the public art acquisition policy; and presented the following item from the February 13, 2002, Regular meeting of the Public Art Committee: A. Revisions to the Public Art Loan Program Mr. Haborak stated that at its February 13, 2002, Regular meeting, the PAC reviewed the revised version of the Public Art Loan Program; that the consensus of the PAC was to remove the insurance requirement from the Public Art Loan Program; that the PAC requests the City provide a simple concrete base, a sign, and assistance with installation and removal under the direct supervision of the artist or the artist's representative; that at its February 13, 2002, meeting, the PAC voted unanimously to recommend Commission approval of the revised version of the Public Art Loan Program. Mr. Burg stated that Staff recommends approval of the Public Art Loan Program. Commissioner Palmer stated that the Public Art Loan Program is supported; however, a hold harmless provision should be added sO the City is protected from any financial obligation. Mr. Burg stated that the suggestion was reviewed with the City Attorney's Office; that the recommendation is to add a provision indicating any damage to artwork is the responsibility of the owner as follows in Section 2(C), Responsipility/oats, Public Art Loan Program: The owner shall be solely responsible for any and all damage to the work of art while it is on loan to the City. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to approve the Public Art Loan Program as recommended by the Public Art Committee and as revised and to include the following sentence in Section 2(C): : The owner shall be solely responsible for any and all damage to the work of art while it is on loan to the City. Motion carried unanimously (4 to 0): Martin, yesi Palmer, yes; Quillin, yes; Mason, yes. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to receive the board report of the February 13, 2002, Regular meeting of the Public Art Committee. BOOK 51 Page 22772 03/04/02 6:00 P.M. BOOK 51 Page 22773 03/04/02 6:00 P.M. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 4, 5, 6, 7, 8, 9, 10 AND 11 - APPROVED; ; ITEM NOS. 2 AND 3 = CONSIDERED UNDER UNFINISHED BUSINESS (AGENDA ITEM III-A) #1 (0495) through (0550) CD 6:10 through 6:13 Vice Mayor Quillin requested that Item Nos. 2 and 3 be removed for discussion be removed for discussion. Mayor Mason requested that City Auditor and Clerk Robinson explain the Consent Agenda process. City Auditor and Clerk Robinson stated that following the Commission's Rules of Procedures, any items removed from the Consent Agendas will be considered later in the Agenda under either Unfinished Business or New Business, as appropriate; that Item Nos. 2 and 3 will be considered as the third and fourth item under Unfinished Business. 1. Approval Re: Set for public hearing proposed Ordinance No. 02-4356, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota; amending Section 24-96, to amend the definition of "Accumulative contributions" and "Credited service" and add a definition of "Vest, vested"; amending Section 24-98, Board of Trustees; amending Section 24- 101, Credited Service; amending Section 24-103, Pension Benefits; amending Section 24-105, Termination Benefits; amending Section 24-107, Disability Benefits; amending Section 24-115, Direct Transfers of Eligible Rollover Distributions; amending Section 24- 117, Deferred Retirement Option Plan; repealing all ordinances in conilict herewith; providing for severability of the parts hereof if declared invalid; etc. 4. Approval Re: Authorize the City Attorney to prepare, and the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Grant/Loan Procurement and Compliance Assistance Consultant Services between the City of Sarasota and Angie Brewer and Associates and Summit Professional Services, Inc., (RFP #99-78H) for the second one-year renewal 5. Approval Re: Authorize the advertisement of the amendment to the Community Development Block Grant (CDBG) and commence the 30-day public comment period to amend the Community Development Block Grant in the amount of $85,000 to fund renovations to the Newtown Community Center 6. Report Re: Annual Investment Committee Report for the year ended September 30, 2001 7. Approval Re: 2000-2001 Auditors' Management Letter and Administration's response 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract and Agreement between the City of Sarasota and Open Software Solutions, Inc., to purchase a mobile message software product and licenses to operate the mobile computers from the Police Patrol vehicles 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute two Grant Agreements between the City of Sarasota for the Sarasota Bay National Estuary Program and the National Fish and Wildlife Foundation, (Agreement Nos. 2001-0240-028-CON and 2001-0240-030- CON) to fund intertidal habitat restoration projects known as "Perico Bayou" and "1912 Cortez Schoolhouse" in the amount of $20,000 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Extension of Clarke Advertising and Public Relations Services between the City of Sarasota and Clarke Advertising, for public relations counsel and strategic planning, event planning and coordination, and development and implementation of educational programs and media relations, all in support of the Citizens Advisory Committee Action Plan, until September 30, 2002 11. 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 James E. Ottaviano, III, requesting water service for a developed site located at 3011 Hillview BOOK 51 Page 22774 03/04/02 6:00 P.M. BOOK 51 Page 22775 03/04/02 6:00 P.M. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to approve Consent Agenda No. 1, Items No. 1, 4, 5, 6, 7, 8, 9, 10, and 11. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1484) ADOPTED; ITEM 2 (ORDINANCE NO. 02-4366) - ADOPTED; ITEM 3 (ORDINANCE NO. 02-4367) - ADOPTED; ; ITEM 4 (ORDINANCE NO. 02-4352) ADOPTED, ; ITEM 5 (ORDINANCE NO. 02-4353) ADOPTED; ITEM 6 (ORDINANCE NO. 02-4354) - ADOPTED; AND ITEM 7 (ORDINANCE NO. 02-4365) ADOPTED (AGENDA ITEM III-B) #1 (0550): through (0702) CD 6:13 through 6:18 1. Adoption Re: Proposed Resolution No. 02R-1484, appropriating $50,000 from the Special Law Enforcement Trust Fund forfeitures) to provide funds to pay for the remainder of the current vehicle lease agreement for the Vice/Narcotics Unit of the Sarasota Police Department, etc. 2. Adoption Re: Proposed Ordinance No. 02-4366, amending Chapter 2, Administration, Article V, Boards, Commissions And Committees, Division 3, the Van Wezel Performing Arts Hall Advisory Board, to delete the requirements that normal board terminations be filled after four months advanced notice and after the city auditor and clerk has distributed applications for board membership to all members of the Van Wezel Performing Arts Hall Board, to be discussed at a regularly scheduled meeting of the Board; repealing ordinances in conflict; etc. (Title Only) 3. Adoption Re: Proposed Ordinance No. 02-4367, amending the Sarasota City Code (1986) Chapter 2, Administration, Article V, Boards, Commissions And Committees, to provide for the appointment of a youth member on the citizens With Disabilities Advisory Board, The Parks, Recreation And Environmental Protection Advisory Board, The Public Art Committee and the Van Wezel Performing Arts Board; setting forth findings; specifying that the student youth representative shall be a participant in the Students Taking Active Roles in Sarasota County (STAR) Program of the Community Youth Development Project; providing for basic qualifications applicable to the student youth representative; repealing ordinances in conflict, etc. (Title Only) 4. Adoption Re: Proposed Ordinance No. 02-4352, amending the Sarasota City Code (1986), Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 6, Citizens With Disabilities Advisory Board, to add a sixth member to the board as a student youth representative from the star program; providing for a one year term; repealing ordinances in conflict; etc. (Title Only) 5. Adoption Re: Proposed Ordinance No. 01-4353, amending the Sarasota City Code (1986), Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 7, Parks, Recreation and Environmental Protection Advisory Board, to add an eighth member to the board as a student youth representative participating in the STAR program; providing for a one year term; repealing ordinances in conflict: (Title Only) 6. Adoption Re: Proposed Ordinance No. 02-4354, amending the Sarasota City Code (1986) Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 3, the Van Wezel Performing Arts Hall Advisory Board, to add a student youth representative from the STAR Program as a board member; providing for a one year term; repealing ordinances in conflict; etc. (Title Only) 7. Adoption Re: Proposed Ordinance No. 02-4365, amending the Sarasota City Code (1986), Chapter 2, Administration, Article VII, Public Art Program to delete all provisions of Chapter 2 pertaining to the public art program; making findings as to the duplication of regulations pertaining to the Public Art Program, including the establishment of a Public Art Committee since the same are contained in the Zoning Code of the City of Sarasota (1998 edition) as well as Chapter 2; repealing ordinances in conflict; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. 02R-1484 in its entirety and proposed Ordinance Nos. 02-4366, 02-4367, 02-4352, 02-4353, 02-4354, and 02-4365 by title only. BOOK 51 Page 22776 03/04/02 6:00 P.M. BOOK 51 Page 22777 03/04/02 6:00 P.M. n motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 7, inclusive. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. Mayor Mason requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that all persons wishing to speak at the public hearings are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that 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. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED RESOLUTION NO. 02R-1472, APPROVING APPLICATION NO. 02-PA-01 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN TO ALLOW ADDITIONAL USES ON PROPERTIES CLASSIFIED ON THE FUTURE LAND USE MAP AS "METROPOLITAN REGIONAL" AREA NO. 1 = "SARASOTA BRADENTON AIRPORT"; : AND AUTHORIZING THE TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; ; ETC. . (TITLE ONLY) (APPLICATION NO. 02-PA-01, APPLICANT FRANK FOLSOM SMITH, AS AGENT REPRESENTING INNOVATION GREEN L L.L.C.) = ADOPTED (AGENDA ITEM IV-A-1) #1 (0697) through (1435) CD 6:18 through 6:38 David Smith, AICP, Senior Planner II, Planning Department, Frank Folsom Smith, FAIA, The Folsom Group, and Michelle Harvey, Consultant, Solid Resources, Inc., came before the Commission. Mr. Smith referred to slides indicating the proposed amendment to the text of the Metropolitan/Regional Land Use Classification displayed on the Chamber monitors and stated that Plan Amendment Application No. 02-PA-01 as incorporated in proposed Resolution No. 02R-1472 is a proposal to revise the text of the Metropolitan/Regional Future Land Use Classification to allow for additional uses at the Sarasota/Bradenton International Airport (Airport); that the proposed revision was submitted by the Folsom Group with the consent of the Sarasota-Manatee Airport Authority; that the Folsom Group is seeking the amendment to proceed with SRQ Innovation Green development; that the site of the proposed development is located at the entrance of the Airport, north of University Parkway and east of Airport Circle; that the proposed development site is approximately 7.8 acres; that proposed Resolution No. 02R-1472 is the first step in the approval process for SRQ Innovation Green; that impacts related to the development of the site will be evaluated during the review of an amendment to the Development of Regional Impact (DRI) previously approved for the Airport and the various City of Sarasota approvals, i.e., permits and zoning waivers, which are necessary; that the Applicant originally proposed a text revision as follows: 1. Airport activities, car rental agencies, hotels/motels, mixed-use development such as offices, entertainment, commercial, church, and retail. Mr. Smith continued that the text revision proposed by Staff is as follows: 1. Airport activities, car rental agencies, hotels/motels and development consisting of office, entertainment, educational, commercial retail and service, and church uses. Mr. Smith stated that Commission consideration of the transmittal of Plan Amendment Application No. 02-PA-01 to the Florida Department of Community Affairs (DCA) in accordance with Chapter 163, Florida Statutes, is requested; that at its January 23, 2002, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to approve transmittal of Plan Amendment Application No. 02-PA-01 to the DCA. Mr. Folsom referred to renderings of SRQ Innovation Green displayed on the Chamber monitors and stated that the proposed development will provide an economic boost to the north sector of the City and County; that SRQ Innovation Green will be a centerpiece to the area and may be a regional transportation center, creating a node for a future rail network and bus BOOK 51 Page 22778 03/04/02 6:00 P.M. BOOK 51 Page 22779 03/04/02 6:00 P.M. transfers between Sarasota and Manatee Counties; that SRQ Innovation Green is located at equal distance between the populations of Sarasota and Manatee Counties, including the cities of Sarasota and Bradenton and Lakewood Ranch; that SRQ Innovation Green is a profit-centered campus designed to foster intellectual, ecological, and economic prosperity. Mr. Folsom continued that a DRI amendment is required; that a preliminary development approval of one parcel will begin the phasing plan; that a headquarters office building will be located at the site as well as a 200-room or suite hotel and conference or meeting facility; that two parking garages are planned; that a planned church will be a complement to the conference facility; that a natural setting for the conterence center will be created; that facilities planned for SRQ Innovation Green will be centered around an open greenspace with native landscaping, water management and preservation, energy management, natural lighting, and healthy-house concepts of lighting and air; that energy for use by SRQ Innovation Green facilities will be generated on site for emergency use. Mr. Folsom further stated that SRQ Innovation Green is a community gateway and a powerful architectural statement; that Manatee County is involved in the planning of SRQ Innovation Green; that the hope is SRQ Innovation Green will become the downtown for the students and faculty at New College of Florida and the University of South Florida (USF); that meetings were held with the Indian Beach/Sapphire Shores and the Bayou Oaks neighborhoods with favorable response. Ms. Harvey stated that a regional resource center is planned for SRQ Innovation Green; that the proposed use for the SRQ Regional Resource Center is to provide tools and resources which support community efforts to engage in comprenensive, vision-based planning, smart growth, and sustainable development throughout the region; that a stakeholders group has been formed; that the Florida House Institute for Sustainable Development (FHI) as well as the local colleges and the two counties have taken a leadership role in the planning of the SRQ Regional Resource Center; that the SRQ Regional Resource Center will provide Geographic Information System (GIS) capability to the area; that a virtual library linked to USF will be available in the SRQ Regional Resource Center. Mr. Folsom stated that the SRQ Regional Resource Center may be a node in a national GIS system proposed by URISA (the Urban and Regional Information System Association), the leading-edge GIS company from southern California. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1472 by title only. City Manager McNees stated that the Administration recommends adopting proposed Resolution No. 02R-1472. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to adopt proposed Resolution No. 02R-1472. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yes; Quillin, yesi Martin, yes. Commissioner Martin stated that the efforts of the Folsom Group in commencing SRQ Innovation Green project is pleasing. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 02R-1474, APPROVING CITY-INITIATED APPLICATION NO. 01- PA-03 REQUESTING AN AMENDMENT TO THE SARASOTA CITY PLAN TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A 85-ACRE L CITY-OWNED PARCEL OF PROPERTY LEASED TO THE SARASOTA SAILING SQUADRON AND LOCATED AT THE NORTHEAST CORNER OF CITY ISLAND FROM THE "OPEN SPACE -RECREATION- CONSERVATION" TO THE "COMMUNITY OFFICE/1 INSTIUFIONAL LAND USE CLASSIFICATION; AND AUTHORIZING THE TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS ; ETC. (TITLE ONLY) (APPLICATION NO. 01-PA-03, APPLICANT CITY OF SARASOTA) = ADOPTED (AGENDA ITEM IV-A-2) #1 (1435) through (1715) CD 6:38 through 6:45 David Smith, AICP, Senior Planner II, Planning Department, came before the Commission, referred to drawings of the Future Land Use Map displayed on the Chamber monitors, and stated that Plan Amendment Application No. 01-PA-03 as incorporated in proposed Resolution No. 02R-1474 is a proposal to amend the future land use classification of a +.85-acre site which is leased by the City to the Sarasota Sailing Squadron from the Open Space- Recreational Conservation to the Community otfice/Institutional BOOK 51 Page 22780 03/04/02 6:00 P.M. BOOK 51 Page 22781 03/04/02 6:00 P.M. Land Use Classification; that Staff is proposing the amendment to correct a scrivener's error which occurred during the adoption of the Future Land Use Map in 1998; that the current zoning of the t.85-acre site is in the Governmental Use (G) Zone District; that the change will result in the reduction of the covered land area; however, the facilities at Ken Thompson Park will not change as a result of the amendment. Mr. Smith stated that the Commission is requested to approve transmittal of Plan Amendment Application No. 01-PA-03 to the Florida Department of Community Affairs (DCA) in accordance with Chapter 163, Florida Statutes; that at its January 23, 2002, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to approve transmittal of Plan Amendment Application No. 01-PA-03 to the DCA. Commissioner Palmer stated that at its January 22, 2002, Regular meeting, the Commission unanimously voted against a request to change the leasehold of the Pelican Man's Bird Sanctuary, (Pelican Man) Inc., from the Open Space-Recreational Conservation to the Community Office/Institutional Land Use Classification and asked the reason the change in proposed Resolution No. 02R-1474 should be supported? Mr. Smith stated that the Pelican Man site was an open space area; that the t.85-acre site of proposed Resolution No. 02R-1474 has an existing use; that a driveway and boat storage are presently utilized on the site; that the Community Office/Institutional Land Use Classification acknowledges the existing use and corrects the scrivener's error created during the adoption of the Future Land Use Map in 1998. Vice Mayor Quillin asked if the +.85-acre site is part of the lease agreement with the Sarasota Sailing Squadron? Mr. Smith stated yes. Vice Mayor Quillin stated an update to the lease agreement with the Sarasota Sailing Squadron is not required. Mr. Smith stated that is correct. Commissioner Martin asked if the t.85-acre site is the fenced area of the lease agreement with the Sarasota Sailing Squadron? Mr. Smith stated yes. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1474 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 02R-1474. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yesi Quillin, yes; Martin, yes; Mason, yes. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. 02R-1475, APPROVING CITY-I INITIATED APPLICATION NO. 01-PA-04 REQUESTING FOUR TEXT AMENDMENTS TO THE SARASOTA CITY PLAN AS MORE FULLY DESCRIBED HEREIN AND AUTHORIZING THE TRANSMITTAL OF THE PROPOSED AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; ETC. (TITLE ONLY) (APPLICATION NO. 01-PA-04, APPLICANT CITY OF SARASOTA) ADOPTED WITH THE FOLLOWING CHANGES : 1) NEW ACTION STRATEGY 1.8, VACATED PUBLIC RIGHT-OF-WAL, FUTURE LAND USE CHAPTER, CITY'S COMPREHENSIVE PLAN: UPON THE EFFECTIVE DATE OF A VACATION OF A PUBLIC RIGHT-OF-WAI, AN ADJACENT FUTURE LAND USE CLASSIFICATION (S) SHALL APPLY AND 2) AN ADDITION TO THE GENERAL CHARACTERISTICS OF THE OPEN SPACE- - RECREATION-CONSERVATION LAND USE CLASSIFICATION, OF THE FUTURE LAND USE CHAPTER, CITY'S COMPREHENSIVE PLAN WITH THE STIPULATION THAT WHEN LAND IS SUBSEQUENTLY FILLED IN ACCORDANCE WITH A LAWFULLY ISSUED PERMIT, AN ADJACENT UPLAND FUTURE LAND USE MAP CLASSIFICATION SHALL APPLY (AGENDA ITEM IV-A-3) #1 (1715) through (2366) CD 6:45 through 7:00 David Smith, AICP, Senior Planner II, Planning Department, came before the Commission, referred to slides of revisions to the text of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) displayed on the Chamber monitors and stated that Plan Amendment Application No. 01-PA-04 as incorporated in proposed Resolution No. 02R-1475 includes four proposed revisions to the text of the City's Comprehensive Plan; that the proposals include the addition of new text relating to interpretation of the Future Land Use Map BOOK 51 Page 22782 03/04/02 6:00 P.M. BOOK 51 Page 22783 03/04/02 6:00 P.M. to the Future Land Use Chapter of the City's Comprehensive Plan as follows: 1. Vacation of a public right-of-way, 2. The filling of submerged lands, 3. Revised text in the Neighborhood Chapter of the City's Comprehensive Plan regarding the adoption of Neighborhood Action Strategies, and 4. Revised text in the Utilities Chapter of the City's Comprehensive Plan regarding annexations and the extension of water/sewer lines outside the City limits. Mr. Smith stated that the first proposed text revision is to new Action Strategy (A.S.) 1.8, Vacated Public Rights-of-Way, which adds a plan to the Future Land Use Chapter of the City's Comprehensive. Plan. regarding the action. required for a vacated right-of-way; that A.S. 1.8 allows the City to apply a land use classification to the vacated right-of-way without having to use the plan amendment application process as follows: 1.8 Vacated Public Right-of-Way: Upon the effective date of a vacation of a public right-of-way, an adjacent Future Land Use Classification (s) shall apply. Mr. Smith continued that the second proposed text revision is also to the Future Land Use Chapter of the City's Comprehensive Plan and relates to activities on previously submerged but filled land in accordance with a lawfully issued permit; that the proposed text revision is: When land is subsequently filled in accordance with a lawfully issued permit, an adjacent upland future land use map classification shall apply. Mr. Smith stated that the third proposed text revision is to A.s. 3.5, Adoption of Plans; that the current language indicates the City will incorporate Neighborhood Action Strategies into the City's Comprehensive Plan; that some adopted Neighborhood Action Strategies have not been incorporated in the City's Comprehensive Plan; that a long amendment process is required to include Neighborhood Action Strategies in the City's Comprehensive Plan; that Neighborhood Action Strategies are local issues; that State review and comment should not be required; and quoted the proposed text revision as follows: 3.5 Adoption of Plans: Upon completion of the planning process for a particular neighborhood, the City will adopt a plan by resolution that provides the foundation for improving the neighborhood in a positive manner. The neighborhood plan shall be consistent with the Sarasota City Plan. Mr. Smith stated that the fourth proposed text revision is to the Utilities Chapter of the City's Comprehensive Plan and is a revision to A.S. 1.13, Annexation; that the current text indicates the City would not be able to extend water or sewer lines to private users outside the City until land is annexed into the City which is different from the pre-annexation agreements the City utilizes; and quoted the proposed text revision as follows: 1.13 The City may extend potable water and/or sanitary sewer service to private users outside the City limits when a property is subject to an approved pre- annexation agreement Mr. Smith continued that the Commission is requested to approve transmittal of Plan Amendment Application No. 01-PA-03 to the Elorida Department of Community Affairs (DCA) in accordance with Chapter 163, Florida Statutes; that at its January 23, 2002, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to approve transmittal of Plan Amendment Application No. 01-PA-03 to the DCA. Commissioner Palmer stated that the phrase "an adjacent" in A.S. 1.8, Vacated Public Rights-of-Way and A.S. 3.5, Adoption of Plans, is a concern. Mr. Smith stated that an adjacent land use classification would apply to a property if a right-of-way is vacated or filled; that an adjacent land use classification would be one of the land uses next to the vacated or filled land; that the phrase "an adjacent" provides flexibility; that for example, a right-of-way could be vacated with a Commercial Land Use Classification on one side and a Single-Family Land Use Classification on the other; that the City could either extend the Commercial Land Use Classification to the Single-Family Land Use Classification line, extend the Single-ramily Land Use Classification to the BOOK 51 Page 22784 03/04/02 6:00 P.M. BOOK 51 Page 22785 03/04/02 6:00 P.M. Commercial Land Use Classification line, or extend each land use classification to the center line of the right-of-way; that considerable flexibility in determining the application of the land use classification to the property would be provided if the phrase "an adjacent" is utilized. Commissioner Palmer asked the reason the adjacent land use classification is not extended to the center line of the right-of-way? Mr. Smith stated that the land use classification will be extended to the center line in most cases; that the Zoning Code (1998 ed.) indicates the land use classification would move to either the property or center line upon approval of a right-of-way vacation. Vice Mayor Quillin stated that the land use classification has been extended to the center line for vacations of alleyways and streets in the past. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that Staff originally proposed language regarding the district line to parallel the language in the Zoning Code (1998 ed.); that the text revision currently proposed by the Staff is better than the changes suggested by the PBLP which recommended the adjacent future land use classification shall extend to the former center line of the vacated public right-of-way or shall extend to the ownership property line; that the land use classification would follow ownership; that the PBLP's proposed text revision would make the land use classification automatic; that Staff's proposed text revision provides flexibility; however, flexibility may indicate a choice which may require a housekeeping ordinance to impose a future land use classification on the vacated right-of-way; that the right-of-way vacation ordinance could reflect the intent to reclassify; that the PBLP proposed text revision makes the land use classification automatic. Commissioner Palmer referred to a letter dated January 29, 2002, from Henry Trawick, P.A., to the Commission as follows: I am sure what is meant is that the filled land will have the same zoning category as the abutting, not the adjacent, land. If the land next to the filled land is a street, that should be covered by specifying the land abutting the other side of the street. Adjacent has a much wider meaning. Commissioner Palmer stated that the PBLP discussed the terms "adjacent" and "abutting" at length; and asked the reason the term "adjacent" is used in proposed Resolution No. 02R-1475? Attorney Fournier stated that the PBLP did not have the benefit of the information just presented to the Commission; that the intent of the PBLP may be a choice is preferable in the case of two abutting land use classifications; that the land use classification would automatically follow the ownership line after the vacation as originally envisioned. Vice Mayor Quillin stated that the ownership line is the center line. Attorney Fournier stated that in most instances, the ownership line is the center line; that the PBLP text revision is acceptable but leaves open the possibility of requiring an ordinance to change the City's Comprehensive Plan in the future. Mr. Smith stated that the intent is to add Elexibility to the land use classification; and asked if the proposed revised text provides for the designation of the land use classification. Attorney Fournier stated that Staff's proposed text revision provides for an automatic land use classification. Vice Mayor Quillin stated that an automatic land use classification is logical. Commissioner Martin asked if Staff agrees with the flexibility of the proposed text revision? Mr. Smith stated that flexibility is supported; however, a decision regarding the land use classification is required at the time of right-of-way vacation. Vice Mayor Quillin stated that the permission of the owner of the other half of the land would be required; that complications will occur; that Staff's proposed text revision is supported. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. BOOK 51 Page 22786 03/04/02 6:00 P.M. BOOK 51 Page 22787 03/04/02 6:00 P.M. City Auditor and Clerk Robinson read proposed Resolution No. 02R-1475 by title only. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to adopt proposed Resolution No. 02R-1475 authorizing transmittal of Plan Amendment Application No. 01-PA-04 to the Florida Department of Community Affairs with following language changes as proposed by Staff: 1. New Action Strategy 1.8, Vacated Public Right-of-Way, Future Land Use Chapter, City's Comprehensive Plan: Upon the effective date of a vacation of a public right-of-way, an adjacent Future Land Use Classification(s) shall apply; and 2. An addition to the General Characteristics of the Open Space-Recreation-Conservation Land Use Classification, of the Future Land Use Chapter, City's Comprehensive Plan: When land is subsequently filled in accordance with a lawfully issued permit, an adjacent upland future land use map classification shall apply. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Martin, yes; Mason, yes; Palmer, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4347, AMENDING THE ZONING CODE OF THE CITY OF SARASOTA, ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 12, ENCROACHMENTS, BY THE ADDITION OF A NEW SUBSECTION PROVIDING REGULATIONS APPLICABLE TO THE EXECUTION OF ENCROACHMENT AGREEMENTS TO ALLOW THE PLACEMENT OF PRIVATELY-OWNED IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY SUBJECT TO SPECIFIED CONDITIONS AND UNDER APPROPRIATE CIRCUMSTANCES AS DETERMINED BY THE CITY COMMISSION OR CITY ADMINISTRATION; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) = PASSED ON FIRST READING WITH A REQUIREMENT FOR A REPORT BACK FROM STAFF CONCERNING THE POSSIBILITY OF INCLUDING MAILBOXES IN THE REGULATIONS, WITH A PROVISION INDICATING THE COST OF REMOVAL OF THE ENCROACHMENT WILL BE BORNE BY PROPERTY OWNERS IN THE CASE OF AN ILLEGAL ENCROACHMENT REMOVAL PROVIDED BY STAFF, AND TOLLING THE ENFORCEMENT PROVISION IF THE PROCESS TO DEVELOP AN ENCROACHMENT AGREEMENT IS BEGUN WITHIN 30 DAYS (AGENDA ITEM IV-A-4) #1 (2366) through (2965) CD 7:00 through 7:13 Robert Fournier, Attorney, City Attorney's Office, and Mark Hess, Chief Planner, Planning Department, came before the Commission. Attorney Fournier stated that proposed Ordinance No. 02-4347 provides for regulation of the execution of Encroachment Agreements to allow the placement of privately owned improvements within the public right-of-way; that the Commission determined the regulation concerning the placement of encroachments in the public right-of-way should be codified; that the intent of proposed Ordinance No. 02-4347 is to prevent a previous situation which occurred involving issuance of a building permit for a structure which encroached in the public right-of-way with no consideration for the approval of the Encroachment Agreement prior to the issuance of the building permit; that the Zoning Code (1998 ed.) did not address the issue at the time; that an Action Strategy was incorporated in the Transportation Chapter of City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), which prohibits the placement of any structural improvements within the public right-of-way; that the Action Strategy was deemed unacceptable due to situations in the Downtown in which encroachments are desirable to enhance the pedestrian environment and promote retail opportunities; that an amendment to revise Action Strategy 1.14, Transportation Chapter, City's Comprehensive Plan was necessary prior to codification; that the City had been granting permits for encroachments into the public right-ot-way for some time; that the permits are referenced as encroachment permits; however, encroachments are in the nature of an agreement rather than a permit; that the private owner of the encroachment and the City determine the terms and conditions upon which the encroachment will be allowed in the right-ot-way; that the term "permit" suggests a procedure in which an application which complies with specified criteria is completed and is consequently entitled to issuance of a permit; that the City has full discretionary authority to regulate the use of the public right-ot-way; that the City should not lose the discretionary authority; that encroachments should be handled as agreements on a case-by-case basis with the City retaining full discretion to approve an agreement allowing a private encroachment in the right-of-way. Attorney Fournier continued that proposed Ordinance No. 02-4347 divides encroachments into minor and major categories; that BOOK 51 Page 22788 03/04/02 6:00 P.M. BOOK 51 Page 22789 03/04/02 6:00 P.M. major encroachments are defined in proposed Ordinance No. 02-4347 as: all structures as defined in this Zoning Code (including portions of structures such as footers or arcades), excépt fences, flagpoles, and signs which shall be considered minor encroachments. An encroachment Agreement to allow a major encroachment shall be approved by the City Commission and executed by the Mayor. Attorney Eournier stated that a minor encroachment is anything which is not a major encroachment; that minor encroachments will be handled administratively through the City Manager or designee; that the Engineering Department has successfully handled minor encroachments in the past; that proposed Ordinance No. 02-4347 codifies the Engineering Department's process regarding minor encroachments; that major encroachments require an agreement which will come before the Commission for approval; that an exemption for mailboxes exists; that mailboxes are subject to regulation through the US Postal Service; that a separate program for public art encroachments also exists. Attorney Fournier continued that following public hearings on November 7, 2001, and January 2, 2002, the Planning Board/Local Planning Agency (PBLP) reviewed proposed Ordinance No. 02-4347 and unanimously recommended Commission approval. Commissioner Palmer stated that an issue concerning fortress- like mailboxes was discussed by the PBLP at its January 2, 2002, Regular meeting; that such mailboxes have been observed in Miami, Florida; and asked if the City will address the issue of fortress-like mallboxes? Attorney Fournier stated that mailboxes were originally considered minor encroachments; that mailboxes must often be in the right-of-way for practical purposesi; that the PBLP was informed Staff has reviewed the issue of mailbox encroachment in the public right-of-way with the US Postal Service; that mailboxes are subject to Federal regulations; that the PBLP decided to exempt mailboxes from proposed Ordinance No. 02-4347. Commissioner Palmer asked if a mailbox is considered a minor encroachment if the appearance of a message is conveyed? Attorney Fournier stated that the term "sign" is defined in the Zoning Code (1998 ed.); that a structure can be construed as a sign if intended to send a message to others without necessarily containing verbiage; that property owners can be precluded from developing a fortress-like structure. Commissioner Palmer stated that fortress-like mailboxes are displeasing. Attorney Fournier stated that the Engineering Department has contacted the US Postal Service; that additional information regarding postal regulations for mailboxes can be obtained prior to second reading of proposed Ordinance No. 02-4347. Commissioner Palmer stated that fortress-like mailboxes in the public right-of-way are not supported; and continued by quoting proposed Section VII-1201 (B) 5) a) (1) of the Zoning Code (1998 ed.) as incorporated in proposed Ordinance No. 02-4347 as follows: the City Engineer shall notify the owner of the encroachment in writing that same must be removed within thirty (30) days unless an Encroachment Agreement is approved and executed in accordance with the Zoning Code. Commissioner Palmer stated that the 30-day timeframe is unrealistic; however, the ability for the encroachment to remain longer is not supported. Attorney Fournier stated that a provision may be added to proposed Ordinance No. 02-4347 to toll the 30-day period if an Encroachment Agreement is being developed. Commissioner Palmer stated that the costs of removal should not be borne by the City but rather by the owner if the City cites the owner for removal of an obstruction in the right-ot-way; that a provision covering the cost of removal is not included in proposed Ordinance No. 02-4347. Attorney Fournier stated that the belief is language concerning the cost of removal is included in proposed Ordinance No. 02-4347; that Staff will be consulted; that the Commission will be notified prior to second reading; and quoted proposed Section VII-1201(B) (5) (b) (2) of the Zoning Code (1998 ed.) as incorporated in proposed Ordinance No. 02-4347 as follows: BOOK 51 Page 22790 03/04/02 6:00 P.M. BOOK 51 Page 22791 03/04/02 6:00 P.M. the Engineering Department shall refer the matter to the Department of Building, Zoning and Code Enforcement to commence appropriate enforcement proceedings to require the removal of the encroachment. Attorney Fournier stated that the language requires the owner to bear the costs; however, explicit language may be added; that code enforcement regulations will contain the provision for an owner to bear the cost of removal. Commissioner Palmer asked if the specific language regarding an owner's responsibility for cost of removal can be incorporated prior to second reading of proposed Ordinance No. 02-4347? Attorney Fournier stated yes. Mayor Mason opened the public hearing. There was no one signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4347 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4347 on first reading with a report back from Staff concerning the possibility of including mailboxes in the regulations, with a provision indicating the cost of removal of an illegal encroachment will be borne by property owners, and the tolling of the enforcement provision if the process to develop an, Encroachment Agreement is begun within 30 days. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4364, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [1998]) BY ADDING THERETO A NEW HISTORIC PRESERVATION CHAPTER INCLUDING GOALS, OBJECTIVES AND ACTION STRATEGIES AS MORE FULLY SPECIFIED IN ATTACHMENT 1 APPENDED HERETO; ALSO AMENDING VARIOUS OTHER SECTIONS OF THE SARASOTA CITY PLAN AS MORE FULLY SPECIFIED IN ATTACHMENT 3 APPENDED HERETO IN ORDER TO MAINTAIN INTERNAL CONSISTENCY WITHIN THE SARASOTA CITY PLAN; AND INCORPORATING A HISTORIC PRESERVATION CHAPTER SUPPORT DOCUMENT AS MORE FULLY SET FORTH IN ATTACHMENT 2 APPENDED HERETO WHICH IS NOT OFFICIALLY ADOPTED AS A PART OF THE SARASOTA CITY PLAN; ALL IN ACCORDANCE WITH CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 01 PA-05; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 01-PA-05, APPLICANT CITY OF SARASOTA) PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #1 (2965) through (3656) CD 7:13 through 7:25 David Smith, AICP, Senior Planner II, Planning Department, Christopher Wenzel, Chair, and Thomas Luzier, Vice Chair, Historic Preservation Board, came before the Commission. Mr. Smith referred to slides concerning proposed Ordinance No. 02-4364 displayed on the Chamber monitors throughout the presentation, and stated that Plan Amendment Application No. 01-PA-05 as incorporated in proposed Ordinance No. 02-4364 amends the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) to include a new Historic Preservation Chapter; that on November 5, 2001, the Commission approved transmittal of the proposed Historic Preservation Chapter to the Florida Department of Community Affairs (DCA) for review and comment; that on January 28, 2002, the City received DCA's report which indicates no objection. Mr. Smith continued that a text revision to Action Strategy (A.S.) 1.2, Survey of Resources, is proposed; that an error to A.S. 1.2 was discovered after transmittal for DCA approval; that the proposed revision is as follows: 1.2. The projected date for initiating this action strategy is January 2003. Mr. Smith stated further that the previous language indicated the survey would be completed rather than initiated in January 2003; that undertaking the survey in 10 months would be difficult; that the Commission is requested to adopt proposed Ordinance No. 02-4364 approving the proposed Historic Preservation Chapter and amending other sections of the City's Comprehensive Plan required to maintain internal consistency; that at its October 3, 2001, Regular meeting, the Planning Board/Local Planning Agency (PBLP) voted unanimously to recommend Commission adoption of the proposed Historic Preservation Chapter and associated revisions to the City's Comprehensive Plan. BOOK 51 Page 22792 03/04/02 6:00 P.M. BOOK 51 Page 22793 03/04/02 6:00 P.M. Mr. Wenzel stated that the Commission's consideration to adopt the proposed Historic Preservation Chapter is a source of pride. Commissioner Palmer referred to a memorandum dated February 20, 2002, from Mr. Wenzel to the Commission indicating some concern relating to the Phase II Amendments to the Zoning Code (1998 ed.); stated that the Commission is in the final deliberations regarding the Phase II Amendments to the Zoning Code (1998 ed.); and asked if the concerns have been presented to Staff? Mr. Wenzel stated that the concerns are minor; that the Historic Preservation Board will not delay the review process for the Phase II Amendments to the Zoning Code (1998 ed.). Mr. Luzier stated that the advocacy and stewardship of the Commission is appreciated; that the Historic Preservation Board came before the PBLP in November 2000; that Commissioner Palmer was a member of the PBLP at the time and suggested time should be utilized to develop the Historic Preservation Chapter correctly; that the suggestion was not personally pleasing at the time; however, the length of the process is now appreciated; that many interested individual and groups participated in the process and provided input; that Staff's assistance is appreciated. Vice Mayor Quillin stated that the community and the Historic Preservation Board have been striving to develop an Historic Preservation Chapter for inclusion in the City's Comprehensive Plan; that gratitude is extended to the Historic Preservation Board and all the historic preservation groups in the community for assuring the success of the Historic Preservation Chapter; that the preservation of the history of the City is exciting. Mayor Mason stated that the Florida Historical Commission will have a meeting in the City on June 3, 4, and 5, 2002; that a tour of City and County historic sites will be conducted; that the City's Historic Preservation Board will be notified sO participation may occur. Mayor Mason opened the public hearing and following person came before the Commission: Lorrie Muldowney, 2709 Temple Street (34239), Sarasota County Historical Resources Specialist, stated that gratitude is extended for the efforts to create and adopt the Historic Preservation Chapter of the City's Comprehensive Plan; that the City has not had an Historic Preservation Chapter in the City's Comprehensive Plan for 15 years; that adoption of the proposed Historic Preservation Chapter is just the beginning of the work required for historic preservation; that a survey to create an accurate database of historic resources will commencei that past surveys have not identified resources which may be utilized in historic preservation; that revisions to the City's current Historic Preservation Ordinance are scheduled for June 2004; that the City's historic preservation ordinance dates back to the mid-1980s; that new incentives will be implemented; that a full-time City Staff member has been requested and will be deliberated at the fiscal year (FY) 2002/03 Budget Workshops; that the Historic Preservation Chapter was initiated by the Historic Preservation Committee which was comprised of individuals from the community; that the direction of the Commission, in particular Vice Mayor Quillin, is appreciated. There was no one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4364 by title only. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4364 on first reading. Mayor Mason requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Palmer, yesi Quillin, yes; Martin, yes. Commissioner Palmer stated that in the mid 1980s, former Mayor and Commissioner Anne Bishopric attended an American Planning Association meeting and brought back the first ordinance for historic preservation; that Ms. Bishopric provided the leadership and the movement required to commence the City's historic preservation; that Ms. Bishopric's leadership is commendable. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4368, ADOPTING BY REFERENCE THE ENGINEERING DESIGN CRITERIA MANUAL OF THE CITY OF SARASOTA BY AMENDING CHAPTER 29.5, SARASOTA CITY CODE, IN ACCORDANCE WITH CITY- BOOK 51 Page 22794 03/04/02 6:00 P.M. BOOK 51 Page 22795 03/04/02 6:00 P.M. INITIATED CODE AMENDMENT APPLICATION NOS. 00-CA-01 AND 02- CA-01, AS MORE FULLY SPECIFIED HEREIN; STATING VARIOUS FINDINGS OF FACT CONCERNING THE PREPARATION AND ADOPTION OF THE ENGINEERING DESIGN CRITERIA MANUAL (2002 ED.); PROVIDING FOR DEFINITIONS, ; ADOPTING BY REFERENCE THE FOLLOWING SEVEN (7) PARTS: PART 1, GENERAL REGULATIONS; PART 2, EROSION AND SILTATION CONTROL; PART 3, SUBDIVISION REGULATIONS; PART 4, STREET DESIGN, OUTSIDE DOWNTOWN AND ENVIRONS AREA ("DEA"); PART 5, STREET DESIGN, WITHIN DOWNTOWN AND ENVIRONS AREA ("DEA"); PART 6, STORM DRAIN DESIGN; AND PART 7, UTILITIES ENGINEERING FOR WATER DISTRIBUTION, SANITARY SEWER, REUSE DISTRIBUTION, ; (COLLECTIVELY A/K/A THE ENGINEERING DESIGN CRITERIA MANUAL [2002 ED.1); PROVIDING FOR TRANSITIONAL RULES; PROVIDING THAT THE ENGINEERING DESIGN CRITERIA MANUAL (2002 ED.) SHALL SUPERSEDE HE PRIOR ENGINEERING DESIGN CRITERIA MANUAL ADOPTED BY ORDINANCE NO. 89-3278; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF AND THE PARTS OF THE ENGINEERING DESIGN CRITERIA MANUAL (2002 ED.); REPEALING ORDINANCES IN CONFLICT; ; ETC. (TITLE ONLY) PASSED ON FIRST READING AS REVISED; DIRECTED STAFF TO CONSIDER THE 5 PERCENT BIÇYCLE RACK PROVISION FOR RESIDENTIAL DEVELOPMENT FOR PRESENTATION TO THE PLANNING BOARD/LOCAL PLANNING AGENCY (AGENDA ITEM IV-A-6) #1 (3656) through #2 (1023) CD 7:25 through 7:56 Dennis Daughters, Director of engineering/City Engineer, came before the Commission, referred to slides concerning proposed Ordinance No. 02-4368 displayed on the Chamber monitors throughout the presentation, and stated that the Engineering Department has prepared an updated Engineering Design Criteria Manual (EDCM) (2002 ed.); that City Code Amendment Application Nos. 00-CA-01 and 02-CA-01 as incorporated in proposed Ordinance No. 02-4368 will amend the Sarasota City Code (1986 as amended) (City Code); that the applicability and purpose of updating the EDCM is to provide the engineering design regulations for development in the City; that the EDCM applies to all development under the review of the Engineering Department; that the Zoning Code (1998 ed.) exempts single-family dwellings and duplexes from the Engineering Department's review; that the EDCM is a guide for Staff for projects of the City and of private developers; that the proposed changes are technical; that the changes to the EDCM are not significant engineering changes; that the changes to the EDCM pertain to new names, new materials, and new laws which have occurred since 1989; that the proposed EDCM (2002 ed.) includes seven parts as follows: 1. General Regulations 2. Erosion and Siltation Control 3. Subdivision Regulations 4. Street Design Outside of Downtown and Environs Area 5. Street Design Within Downtown Environs Area 6. Storm Drain Design 7. Utilities Engineering for Water Distribution, Sanitary Sewer, Reuse Distribution Mr. Daughters stated that Part 1 consists of General Regulations which designate the professional authorized to prepare site development plans, authorize the City Manager to waive Faithful Performance Guarantee under certain conditions, and require submittal of "As-Built" plans; that the two changes in Part 2, Erosion and Siltation Control are to: 1) require projects of five acres or larger to submit a Pollution Prevention Plan and 2) add detailed procedures for inspection of land-disturbing activity; that erosion and siltation control is an important issue within the City; that Part 3 consists of Subdivision Regulations which are identical to the document approved by the Commission on December 3, 2001; that the only change is moving the regulations from Part 6 to Part 3 in the document. Mr. Daughters continued that the significant changes to the EDCM are in Parts 4 and 5; that street design was formerly in one chapter; that Part 4 applies to streets outside the downtown area; that Part 5 applies to the streets within the Downtown and Environs Area (DEA) i with a boundary as follows: 1. The City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) Study Area 2. Laurel Park 3. Golden Gate Point 4. Part of the Ringling Boulevard Subdivision Mr. Daughters further stated that Part 5 was prepared by Hall Planning & Engineering, Inc. (HPE), which was the transportation sub-consultant for the Downtown Master Plan 2020; that Part 5 incorporates the Downtown Master Plan 2020 principles relating BOOK 51 Page 22796 03/04/02 6:00 P.M. BOOK 51 Page 22797 03/04/02 6:00 P.M. to street design; that Part 5 is entirely new and was formatted for consistency with the current EDCM; that Part 5 includes all of proposed Part 4 with HPE's changes to Part 4 which are indicated in the document; that Golden Gate Point, Laurel Park, and part of the Ringling sub-division were added to the Downtown Master Plan 2020 study area; that new streets were added and others deleted due to the changes in the Downtown Master Plan 2020 study area. Mr. Daughters stated further that Part 4 applies to the area outside the Downtown Master Plan 2020 study area and: 1. Authorizes the City Manager to issue deviations based on study prepared by a professional engineer 2. Adds new and updated reference manuals 3. Modifies methodology for determination of sight visibility at intersections 4. Modifies methodology for determination of curb return radii 5. Sets standards for pavement cross slope 6. Revises standard for structural section 7. Revises standards for sidewalks and location of mid- block pedestrian crossings 8. Revises standards for driveway locations 9. Sets new standards for on-street parking 10. Sets new standards for bicycle network 11. Sets new standards for bicycle network and type, size, and location of bike racks 12. Sets new standards for street name signs Mr. Daughters stated that a 5 percent rule requiring non-residential development to have 20 or more off-street parking spaces has been established; that bicycle racks must be provided in an amount equal to 5 percent of the required number of parking spaces; that the 5 percent bicycle rack requirement will be moved to the Zoning Code (2002 ed.); and continued that Part 5: 1. Specifies which streets shall conform to which standards 2. Adds new "Traditional Neighborhood" reference manuals 3. Designates names for street types 4. Provides detailed table with all design détails for street types 5. Requires streets in the DEA not to be superelevated 6. Establishes criteria and location for pedestrian sleeves 7. Requires driveways for off-street parking to be via alleyways 8. Establishes driveway sight distance 9. Establishes illumination standards 10. Establishes street lighting spacing 11. Provides detailed drawings for primary streets, pedestrian connections, and bicycle plan in the DEA Mr. Daughters continued that the changes to Part 6, Storm Drain Design, provides a clarification of several requirements as follows: 1. Establishes runoff coefficients for wood decking, porous concrete, and Turf Grid 2. Provides the reason for requiring attenuation 3. Provides the definition of retention and detention 4. Provides detailed explanation of the Attenuation Calculation Procedure (Procedure has not changed) 5. Establishes details for pond design and the landscaping around the ponds Mr. Daughters stated that Part 7 concerns utilities engineering for water distribution and sanitary sewer reuse distribution; that changes relating to water distribution are being prepared by the Public Works Department and will be forthcoming in the near future; that the only current change is to move the section from Part 5 to Part 7. Mr. Daughters continued that proposed Ordinance No. 02-4368 adopts the EDCM by reference, provides transitional provisions and vested rights, repeals ordinances in conflict, and has an effective date of 30 days from adoption on second reading; that the Planning Board/Local Planning Agency (PBLP) held two public BOOK 51 Page 22798 03/04/02 6:00 P.M. BOOK 51 Page 22799 03/04/02 6:00 P.M. hearings on April 5, 2000, and February 6, 2002, regarding six of the seven parts of the proposed EDCM (2002 ed.); that the PBLP voted unanimously by a 4-to-0 vote to find the proposed EDCM (2002 ed.) as revised consistent with the City's Comprehensive Plan and recommends Commission adoption of the City's EDCM. Mr. Daughters further stated that the Florida Fire Prevention Code requires a minimum turning radius of 50 feet for a cul-de-sac; that the EDCM as presented to the Commission indicates a cul-de-sac 36-foot turning radius; that the 50-foot turning radius requires a 100-foot rather than a 72-foot diameter of asphalt area for a cul-de-sac; that some exemptions are allowed; that Staff proposes a text revision to allow for the new Florida Fire Prevention Code. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the proposed text revision was discussed with the State Fire Marshall and City Staff; that latitude in the interpretation of the turning radius requirement is allowed; that a smaller turning radius is possible for single-family homes as larger ladder trucks are not required; that the larger trucks are required in commercial areas of multi-story buildings; that the City is required by State law to follow the revised Florida Fire Prevention Code. Mr. Daughters referred to drawings of a cul-de-sac and T- turnaround displayed on the Chamber monitors and stated that more T-turnarounds will be requested due to the new requirement; that a 100-foot cul-de-sac is exceedingly large; that a 100-foot cul-de- sac would be larger than the width of US 41; that a T-turnaround will fit in a 50-foot-wide right-of-way. Commissioner Palmer stated that the PBLP had extensive debate regarding the revision to the minimum radius for cul-de-sacs; that the question is if suburban standards are being applied to a built-out urban city; and asked if the Florida Fire Prevention Code regulations are based on urban or suburban standards? Attorney Schenk stated that no consideration is given to principles of new urbanism in the Florida Fire Prevention Code or the Florida Statutes providing for fire safety; that the regulations are Statewide. Commissioner Palmer asked if the City has any latitude regarding the provisions of the Florida Fire Prevention Code? Attorney Schenk stated that the Fire Marshall is willing to interpret the Florida Fire Prevention Code based on the local situation; that the Florida Fire Prevention Code is subject to interpretation of the Staff and the Fire Marshall. Commissioner Palmer stated that some flexibility in interpretation of the Florida Fire Prevention Code is possible. Attorney Schenk stated that is the understanding. Commissioner Palmer stated that the requirements regarding bicycle racks in non-residential developments have been limited; that bicycle and pedestrian friendly areas are being encouraged; that residential development above a certain level should be required to provide bicycle racks. Mr. Daughters stated that the requirement concerning bicycle racks will be moved to the Zoning Code (2002 ed.); that the term "non-residential" should be struck if the provision is to remain in the EDCM; that the proposed revision is as follows: proposed developments having an off-street parking requirement of 20 spaces or more Mr. Daughters continued that the proposed revision includes residential and non-residential development; that a condominium complex required to provide 100 parking spaces would also be required to provide five bicycle rack spaces. Attorney Schenk stated that the requirement concerning bicycle racks will be discussed with Staff for consideration during the deliberations of the Phase II Amendments to the Zoning Code (1998 ed.). Commissloner Palmer stated that the expense of sealed plans was a concern during the debate regarding the megahouse issue; that the requirement in the EDCM is for minimum plan information necessary for adequate review; and asked if exemptions or exceptions exist for small projects under a certain threshold? Mr. Daughters stated that the regulations only apply to developments the Engineering Department is required to review; BOOK 51 Page 22800 03/04/02 6:00 P.M. BOOK 51 Page 22801 03/04/02 6:00 P.M. that the Engineering Department does not review projects involving additions of 1,500 square feet or less. Mayor Mason opened the public hearing and the following person came before the Commission: Stephen Rees, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, Attorney, 2033 Main Street, Sarasota (34237), stated that proposed Ordinance No. 02-4368 has an effective date which is 30 days from the second reading; and asked the date of second reading concerning proposed Ordinance No. 02-4368? City Auditor and Clerk Robinson stated that second reading of proposed Ordinance No. 02-4368 will occur at the March 18, 2002, Regular Commission meeting. Attorney Rees referred to Section 4 (B) (2) and (3), Building permits and site plan - appeal, of proposed Ordinance No 02-4368 as follows: (2) A site plan not accompanied by an application for rezoning approved by the Planning Board (3) A site proffered with an application for rezoning approved by the Commission Attorney Rees stated that the purpose of vested rights is to recognize applications in the process and to assure an approval can be obtained in the normal, timely review process and not become subject to the new provisions of the new EDCM; that for example, a site plan is not accompanied as a proffer to a rezoning filed for a client in February 2002; that the earliest the required PBLP public hearing can be held under the City's schedule is May 2002; that all the preparation of the site plan and all the funds expended in the preparation and filing fees will be for naught under the terms of proposed Ordinance No. 02-4368; that the Commission's intent has always been to allow applications in process to have a fair opportunity for completion; that a specific recommendation of 90 or 120 days is not being offered; that discussion with Staff and the City Attorney's Office regarding a reasonable effective date for proposed Ordinance No. 02-4368 is requested. Attorney Rees continued that at its February 11, 2002, Special Meeting regarding Phase II Amendments to the Zoning Code (1998 ed.), the Commission discussed a process by which changes to an already adopted ordinance and changes to any accompanying proffered site plan under a rezoning will be reviewed at public hearings by the PBLP and the Commission; that site plans with conditional uses should be identified in the ordinance for purposes of vested rights; and referred to Section 29.5-2(B), proposed Ordinance No. 02-4368, as follows: Building permits and site plans - appeal: Development rights conferred by means of any one of the items described in the following shall be considered vested rights (3) a site plan proffered with an application for rezoning approved by the City Commission; provided that in the event a timely appeal is filed, then the development rights conferred by the site plan shall not become vested unless and until any such appellate proceeding is finally resolved in favor of applicant. Attorney Rees stated that Section 29.5-2 ( (B) (3) should either include rezoning ordinance amendments as proposed in the Phase II Amendments to the Zoning Code (1998 ed.) or a separate section should be added; and continued that the shortness of the effective date period is a concerni that applicants who have already filed should have relief from the effective date of proposed Ordinance No. 02-4368. There was no. one else signed up to speak and Mayor Mason closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 02-4368 by title only. City Manager McNees stated that the Administration recommends passing proposed Ordinance No. 02-4368 on first reading. Commissioner Palmer asked for legal comment regarding the public speaker's concern. Attorney Schenk stated that one alternative is complete applications for site plan approval filed prior to the effective date of proposed Ordinance No. 02-4368 could be processed under the prior EDCM as long as approval is received within six months; that the City Attorney's Office has no objection to making the change. BOOK 51 Page 22802 03/04/02 6:00 P.M. BOOK 51 Page 22803 03/04/02 6:00 P.M. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 02-4368 on first reading with a revision as indicated by the City's Attorney's Office prior to second reading as follows: complete applications for site plan approval filed prior to the effective date of proposed Ordinance No. 02-4368 could be processed under the prior EDCM as long as approval is received within six months City Attorney Taylor stated that the changes include the changes to the EDCM as necessitated by the Florida Fire Prevention Code. Commissioner Palmer stated that is correct. Mayor Mason called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes; Quillin, yes; Martin, yesi Mason, yes. Commissioner Palmer asked if the 5 percent bicycle rack provision for residential development will be presented to the PBLP for consideration in the Phase II Amendments to the Zoning Code (1998 ed.) with the non-residential provision? Mayor Mason stated that hearing the Commission's consensus, Staff will consider the 5 percent bicycle rack provision for residential development for presentation to the PBLP. The Commission recessed at 7:56 p.m. and reconvened at 8:13 p.m. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #2 (1038) through (2136) CD 8:12 through 8:36 The following people came before the Commission: Alex Karotis, 1903 Sixth Street (34236), read a prepared statement indicating that much discussion in the City recently has concerned changing the City's form of government, allegedly because a hero with a vision is required; that the implication is a knight with a shining lexis will bring enlightenment to the leaderless masses to save the masses from ineptitude; that the television is good but the history is bad; that important projects are completed by groups of people confronting differences and transforming differences into commitments; that achieving a city with a small town feel is not a joke but is also not a fact; that an identity is a process of becoming; that in social processes, entities commit in daily practices to becoming; that the community can do without an hallucinating hero; that the "Strong-Mayor" proposal will end as begun, i.e., the lonely love child of the City's urban business elite; that the hope is the rank-and-file membership of the Argus Foundation, the Downtown Association of Sarasota, Inc., and the Sarasota Chamber of Commerce will hold the leadership accountable for the myopic vision after the election; that the Commission is thanked for doing the job and will have the opportunity to continue doing the job well into the future once the proposal is defeated. Dan Clarke, 800 Hudson Avenue, No. #207 (34236), Special Services/Community Relations, Sarasota Ford, read into the record a March 4, 2002, letter from Sarasota Ford to the City Attorney proposing a lease of a City-owned site at the City's Waterworks Building at 1015 North Orange Avenue for vehicle storage for a four- to six-week period and indicating Sarasota Ford currently stores vehicles at the Sarasota Fairgrounds, which requires the space for parking; that a monthly lease of $1,500 which was the amount discussed at the time the Ritz- Carlton Hotel was considering leasing the site for temporary equipment storage is proposed; that an addendum to Sarasota Ford's $10 million liability policy making the City a loss, payee and releasing the City from liability will be prepared; that the Commission is requested to consider favorably the request for a one-time emergency lease of the site of the City's Waterworks Building for Sarasota Ford vehicle storage. Vice Mayor Qullin stated that the request should be directed to the Administration; that the letter was received and referred to the Administration. City Auditor and Clerk Robinson stated that the Commission's Rules of Procedure provide the Commission can only refer an item presented under Citizens' Input to the Administration. Mr. Clarke asked the next step? Mayor Mason stated that the Administration will contact Sarasota Ford. BOOK 51 Page 22804 03/04/02 6:00 P.M. BOOK 51 Page 22805 Ken 03/04/02 6:00 P.M. Shelin, 770 South Palm Avenue, No. of No-Boss Mayor Committee, #1104 (34236), Chairman statement distributed and read a indicating that Sarasota has prepared national publications as a been recognized in work; that each great place in which to live and year, 63 cities form of government while adopt the two adopt the elected Conmmission-Manager government; that in 1982, 18 percent mayoral form of governed by the elected mayoral more cities in the US were of government; that in the than the Commission-Manager form the US were governed year 2000, 4 percent more cities in by the mayoral form of Commission-Manager than the elected Sarasota government; that citizen City and County increased from participation in 2001 per 100,000 citizens 120 in 1996 to 457 in Community Oriented according to a recent SCOPE Problem Elimination) (Sarasota Cemmission-Manager form of report card; that the of citizens and government encourages the involvement political professional management mischief, and facilitates techniques, minimizes vibrant, culturally rich, the development of a physically attractive multifaceted, highly livable, and sincere but misguided community; that nonetheless, a group of position to face the persons believe the City is not in a March 12, 2002, is a future; that the referendum of history and the reactionary idea which flies in the face of experience of communities across the country. Mr. Shelin continued that the developed a series of current form of government including the Downtown visionary plans for the City's future developed revised Master Plan 2020 and a soon-to-be- handmaiden zoning code; that of excessive mischief-making is the Mayor will lead to the kind power; that the proposal for a of Strong which democratic forms of patronage in government against was minimized in the City government 50 constantly battle and which not experience the level of years ago; that many citizens will and balances are minimized in access enjoyed today; that checks will not have meaningful the proposal; that the Commission requirement; that input with an 80 percent veto the proposal does not override employment by the Strong Mayor; that prohibit outside is not a practical check recall of the Strong procedural on power due to cumbersome Mayor State requirements; that the best served by City's need for is assuring a leadership the concerns of various representative Commission addresses cannot succeed without constituencies; that complex a sense of direction communities competent and professional and should have and experienced managers such as educated, City Managers bound a qualified, ethics; that Herodotus, a Greek and by professional code of the world's first historian, described a political debate in which the contemptuously characterized people were as fickle, that the same words are not being used in ignorant, the and stupid; current however, the meaning is the same, i.e., the elite does campaign; the populace to govern itself; that not trust send a City voters are implored to message to powerbrokers and vote against the Mayor" proposal on March 12, 2002. "Strong- Richard Sheldon, 526 South Osprey Avenue proponents indicated the (34236), stated that people; "Strong-Mayor" proposal is not about however, the "Strong-Mayor" proposal is about that government would not be necessary without people; government is about people; that the people; that all about referendum is about people, wisdom, and about learning from the past; and George Santiago, an individual admired for quoted follows: many years, as Progress, far from consisting in change, retentiveness. Those that cannot depends on remember the condemned to repeat it. past are Mr. Sheldon stated that the proponents of the proposal wish to have the City retreat to 50 "Strong-Mayor" coalition of wealthy years ago; that the businesspeople, builders, want to change the Sarasota and developers City Charter and install a Mayor" for the benefit of the people; that the "Boss the City's citizens should be but is not the benefit of all objective is not to defend the goal; that the main rights of homeowners, home renters, minorities, small neighborhoods, poor, and the homeless; that the main businesspeople, the gain or advantage. objective may be personal Stan Zimmerman, 2469 Novus Street (34237), read a statement indicating some are of the opinion the prepared not responsible; that with 25 Commission is the the years of perspective to bring to charge, charge is unwarranted; that Downtown at one time; that the Regional/Urban was a dump (R/UDAT) study is recalled; that the Design Assistance Team into Sarasota City's dumping of pollution Bay is contrasted with the health of the today; that the troubles in Newtown are recalled Bay pride of the election of the as well as the City's first black Fredd Atkins, who subsequently became Commissioner, incredible Mayor; that remarkable, progress has been witnessed; that a few weeks the Commission was personally requested to provide ago, the constituents regarding the referendum leadership to scheduled on March 12, 2002; that the Commission for a vote responded with a BOOK 51 Page 22806 03/04/02 6:00 P.M. BOOK 51 Page 22807 03/04/02 6:00 P.M. unanimous voice urging constituents to reject the proposal; that the "Strong-Mayor" Coalition of City Neighborhoods Association (CCNA) echoed the Commission's vote; that people in the asking the reason the change in the City Charter is City are that the proponents of the "Strong-Mayor" necessary; answer but rather point to problems in the proposal have no has problems; however, City; that the City the solution for a Strong Mayor with dictatorial powers, powers stronger than any other Mayor in the State, sounds more like a larger problem; that March 12, 2002, City voters face a fork in the road; that on prong of the road is the path the City has enjoyed for one half century, professional the past management without and a record of achievement few American political strings the City has traveled cities can equal; that a road of a cleaner Bay to an active Downtown, of active minority participation in revitalization of City politics to the neighborhoods, and of values and declining crime under the rising property government; that the other is Commission-Manager form of prong paved with platitudes, i.e., accountability, responsibility, leadership; however, the darkens with the danger of cronyism, path corruption, and along the roadside; that he has lived in cities and disgrace with strong leaders, Mayor Daley's countries Chicago, Franco's Castro's Cuba, Mayor Barry's Washington; that the Spain, strong-man rule is known first hand; that aftermath of living under man rule is not desired; that Sarasota should be strong- democratic and honest; that all kept free and freedom and City voters are urged to support democracy and honesty at the polls the City Charter change. by voting against Dr. Lawrence Ludwig, 122 Seagull Lane (34236), retired and permanent City resident, read a prepared statement physician to all to vote against changing appealing form of City Charter to a "Strong-Mayor" government and indicating that the proposal is not a grass-roots, voice-of-the-people call for change; that the proposal is supported by a small group of local commercial realtors and developers with a personal agenda; that the is unhappy the Commission has not group has not approved the approved certain proposals or proposals fast enough; that the wishes a "Strong Mayor" who will rubberstamp group intelligent requests; that any person can understand the scheme; that the proponents of the City Charter change are and women; that the desire to make likely honorable men bad; money is not intrinsically however, the proposal is not in the best interest of the City or its future; and urged everyone to vote March 12, 2002. no on Mollie Cardamone, 1116 Yale Avenue (34236), stated that the Commission is thanked for unanimously adopting Resolution No. 02R-1478 opposing the "Strong-Mayor" proposal; that the Commission's action was powerful; that the No-Boss Mayor Committee appreciates the action; that the forum of the Commission meeting will be used to set the record straight; that the campaign for the "Strong-Mayor" proposal is not honest and is not about a four-year elected mayor, which is not truthful; that the campaign is about a mayor with major powers, the strongest powers of any mayor in the State; that the television advertisements are not truthful; that the City is not millions of dollars over budget for the Van Wezel Performing Arts Hall project; that the Commission did not forget to budget for the healthcare costs for the City's retired police officers, firefighters, and other City employees; that the City, like many employers, is faced with the tremendous rise in healthcare insurance cost; that the decisions concerning healthcare cost will be difficult; however, the City did not forget to budget the costs; that the City did not spent $750,000 on a bridge but rather on fighting the Florida Department of Transportation (FDOT) in support of home rule for every city in the State; that local funds were spent; however, FDOT will never walk into a city again and construct a bridge through the heart of the city; that the voters should understand the campaign is not truthful; that if the campaign will stoop to the level, the question is : the, kind of administration. the City will receive if the referendum passes; that City voters are asked to vote against the referendum; that the March 12, 2002, referendum is the most important vote in the City in a long time. Jane Carrigan, 101 North Adams Drive (34236), read a prepared statement indicating the "Strong Mayor" referendum removes all the duties of a protessional city manager and delegates those duties to an elected mayor; that the change is a major leap backwards in the City's form of government; that the change is equivalent to asking every lawyer to remove computers and copy machines and revert back to manual typewriters, every restaurant owner to remove the refrigerator and return to an ice box, every realtor to get rid of the Climate-controlled automobile and revert back to a horse and buggy, every architect to use the T- square, every land developer to clear property with plow and saw, and every automobile dealership to remove the cars and sell only buggies and wagons; that the "Strong-Mayor" proposal provides for a three-time term limit, i.e., 12 years; that the US President is limited to eight years in office; that the BOOK 51 Page 22808 03/04/02 6:00 P.M. BOOK 51 Page 22809 03/04/02 6:00 P.M. "Strong Mayor" would have a line-item veto; that the US President would love a line-item veto; that the "Strong-Mayor" proposal is a "boss-hog" referendum; that the referendum would result in another layer of bureaucracy and cost $4 to $6 million in the, 12-year period; that the "Strong-Mayor" proposal does not provide accountability, leadership, or responsibility; that Bradenton and Sarasota were first visited in 1945; that the cities were not very different at the time; that in 1945, Sarasota adopted the Commission-Manager form of government while Bradenton retained the Mayor; that 57 years later, a difference is obvious; that people such as Elmer Berkel, Rita Reverend Roehr, Jerome Dupree, Nora Patterson, and Mollie Cardamone are known and have served the City responsibly; that no one should give up benefits of progress; that the voters should not up the City's form of governance to backwards foolishness; that give a political science major, the "Strong-Mayor" proposal as is perplexing and puzzling, particularly considering previous personal experience in having lived 120 miles from Mayor Daley's Chicago and 10 miles from Mayor Barry's Washington, D.C.; that people who do not understand history are forever doomed to repeat history; that the voters are urged to vote against the March 12, 2002, referendum; that the Commission's time is appreciated. George Peter Ryan, 241 Garfield Drive (34236), representing the Lido Key Residents Association, read a prepared statement indicating that Sarasota is a wonderful city; that to have become sO wonderful with an inadequate form of government is surprising and amazing; that the Lido Key Residents Association voted unanimously to vote no on the March 12, 2002, referendum; that all City voters are encouraged to vote no; that undecided voters should vote no; that the residents of the Lido any Key Residents Association will vote against the referendum; that members of other residents' associations are urged to vote that City voters will defeat the "Strong-Mayor" no; proposal; that the City deserves a dynamic Commission and a professional, capable City Manager which the City has at the present time. 14. UNFINISHED BUSINESS: APPROVAL RE: : ADMINISTRATION' S RECOMMENDATION TO ISSUE THE RFP FOR DESIGN/BUILD OF A SKATEBOARD PARK AT PAYNE PARK - APPROVED (AGENDA ITEM VII-1) #2 (2125) through #3 (0477) CD 8:39 through 9:24 V. Peter Schneider, Deputy City Commission and stated that at its Manager, came before the meeting, the Commission directed February 4, 2002, Regular the potential site alternatives for Administration to identify Commission also emphasized the skateboard park; that the the need to park in the near future; that construct a skateboard Staff potential site alternatives and developed a list of the Agenda backup material prepared a matrix included in evaluate the sites; that the which lists criteria with which to positive or a negative sites were evaluated as having a time schedules impact on a particular site; that have also been provided: 1) the two constructing a skateboard park on a timeframe for 2) the timeframe on a broader design/build approach and number of policy options. approach which would include a Mr. Schneider stated that a Request for design/build of a skateboard Proposal (RFP) for the advertised if the Commission facility at Payne Park will be been developed which sO directs; that a second RFP has and offers the potential for more management options; that the more operational be utilized if options other than comprehensive RFP should skateboard park is desired; a City operated and managed action, the that based upon previous Commission recommendation of the Parks, Environmental Protection Recreation, and Advisory Board community input, Staff recommends (Parks Board), and design/build of a skateboard approval of the RFP for the park at Payne Park. Commissioner Martin asked for clarification 12 months for design/build of requirement for for the broader approach compared to the 18 approach to build the skateboard months park. Mr. Schneider stated that the extra six months the initial submittals; that is in evaluating different contractors a number of variations from submission would be expected; that of proposals is not a consistent understanding and an evaluation expected; that a clear allow for the Commission's criteria would be required to may be more approval; that contract complex in the broader negotiations design/build approach. approach than in the Commissioner Martin stated that the broader 40-day longer construction period; approach has a of the longer construction and asked for clarification period. Mr. Schneider stated that more services broader approach than in the may be provided in the design/build approach; that rentals BOOK 51 Page 22810 03/04/02 6:00 P.M. BOOK 51 Page 22811 03/04/02 6:00 P.M. and small food areas may be proposed; that broader approach will include hopefully, the provisions to make the park a viable commercial venture to minimize skateboard the continuing financial support. City's Commissioner Palmer asked if both RFPs can be advertised receive a determination of the most to City. appropriate action for the Mr. Schneider stated that the second RFP also includes the RFP. first Commissioner Palmer stated that the timeframe is not that the additional six months will not be in addition automatic; 18-month timeframe in the broader to the approach. Mr. Schneider stated that the timeframe provided is estimate at this time; that the City would the best the timeframe but. would like to attempt to compress present a reasonable estimate. The following people came before the Commission: Maddy Nelson, 2219 Wood Street (34237), stated that skateboard park is supported; that building a a boisterous few are attempting to push the skateboard park location to without questions; that problems will result if Payne Park confined to Payne Park; that the past Commission skateboarding is the same concerns as an ordinance must have had was passed which banned skateboarding in the City limits; that certain likely to surface such as unsupervised problems are skateboarding in the neighborhoods, unsafe skating practices such as skating in the park walkways or sidewalks which puts others at risk, noise, and liabilities; that the argument of Payne Park being close to Sarasota Police Department (SPD) and therefore not the experience problems is not valid; that SPD should likely to expected to oversee the park; that the rules, not be supervision should be instituted regulations, and prior to that the location should be further building the park; away from the to the children, and easier to City, closer access as the Coalition of Neighborhoods Association (CCNA) has recommended; that City skateboard parks should be built, one for the two and one for the older children with certain younger children age skating and times set for times open for all- special events; that the Commission can make an informed decision; hopefully, skateboard park should not just be forced that the into the Payne Park location only to find problems develop later; that the children of the City deserve better. Clarence Brian, 419 West Cornelius Circle (34235), stated that the subject of a skateboard park is not new; that the presence of young people to discuss the skateboard park issue is pleasing; that more young people should attend Commission meetings; that at one time, suggestions were made to use the eastern portion of Whitaker-Gateway Park near US 41 for a skateboard park; that persons traveling on US 41 at a great rate of speed would not be bothered by skateboarders; that the eastern portion of Whitaker-Gateway Park was suggested as only a sidewalk is currently present in the location; that the skateboarders would not have bothered the picnickers utilizing the park; that the use of Whitaker-Gateway Park for skateboard was proposed quite a few years ago; that a skateboard park site was discussed with the students at Sarasota High School; that a large turnout of young people occurred; that most of the young people indicated a skateboard park would be utilized; that skateboarding down the library steps is not supported; that delaying the decision to construct the skateboard park in Payne Park is not supported; that the John Ringling Causeway Bridge Replacement has finally commenced; that the skateboard park should not be delayed; that the concession stands can be constructed once the skateboarding facilities are in place and after the youth prove the skateboard park will be used and not " abused. Richard Sheldon, 526 South Osprey Avenue (34236), stated that many in the community believe Payne Park is the best location for a skateboard park; that almost all the children who utilize a skateboard park are brought to the park by parents; that any location would be a possibility if parents are bringing the children to the park; that utilizing the Payne Park location for the skateboard park is pleasing; that additional private funding is available to assist in the building of the skateboard park at Payne Park. David Malinsky, 2050 61st Street (34243), stated that a free, public skateboard park is supported; that the voice of the majority suggests Payne Park is the best choice for a skateboard park for the City and County; that the skateboard park has been discussed, re-discussed, and over discussed; that the important concern at the current meeting is to proceed with the plans to construct the skateboard park at Payne Park; that the project should commence immediately; that Payne Park is the location of BOOK 51 Page 22812 03/04/02 6:00 P.M. BOOK 51 Page 22813 03/04/02 6:00 P.M. choice; that Payne Park is the best site providing a location for available; that skateboarding is long perfect site which is Payne Park has been overdue; that the numerous skateboard already provided; that parks have been should begin by suggested; however, the City constructing one skateboard skateboard parks are easily constructed with park; that all ages; that separate skill levels for is not parks for separate skill levels and required; that separation of people ages interest are not with a common supported; that the time to act construction of the skateboard park is now if not on the yesterday. Philip Chiocchio, 460 South Shore Drive (34234), skateboard park was owned and stated that a operated 25 concern for years ago; that the skateboarding is unfounded; that the in a skateboard park was not from the noise generated but from the spectators; that skateboarding enthusiasts sport; that skateboarding is an exciting any recreational facility will draw will have a good time; that the Commission spectators who the Payne Park location for is urged to approve has a long the skateboard park; that the State history in the sport of skateboarding moves were developed skateboarding; that many by native Floridians; skateboarding is a huge industry; that the that to use leadership in Commission is urged approving the skateboard Park. park at Payne David Reynolds, 232 Park Trace Boulevard, that he moved to the City 2 1/2 Osprey (34235), stated student at the years ago from England and is a Ringling School of Art and Design; that skateboarding is a use of free time; that the currently have a place for City does not suitable location for skateboarding; that Payne Park is a a skateboard park; that travel to Tampa and Clearwater, skateboarders must Florida, to skateboard park located in the skateboard; that a area's City would be pleasing for the youth; that the building of a skateboard commence immediately. park should Ryan Nyquist (34235), stated that City has grown since 1978 residency was established; that the when skateboard park is Payne Park location for a supported; that no in the downtown area; that skateboarding is allowed to skate in the a large population of youth attempt downtown area; that a skateboard alleviate the attempts to skateboard in the park would many individuals would benefit downtown area; that from the the skateboard park. Payne Park location of Millie Small, 1208 Bellflower Street (34232), stated that providing a skateboard park for the youth of the community is supported; that the youth have grown old waiting for a skateboard park; that after a meeting of the Parks, Recreation and Environmental Protection Advisory Board (Parks Board), a youth approached and indicated 18 years have been wasted waiting for a skateboard park; that another youth has been calling the City asking for a skateboard park since 11 years old and is now 29 years old; that the youth will be too old to skateboard before too long; that the time has arrived to make the young people who enjoy skateboarding into law-abiding citizens; that young people in the community are breaking the law in attempts to have fun skateboarding; that young people are accustomed to Skateboarding Downtown; that the Payne Park area is strongly supported; that the building of the skateboard park should commence as soon as possible. Stan Zimmerman, 2469 Novus Street (34237, stated that his residence on Novus Street is approximately two blocks from Payne Park; that the Novus Street neighborhood is no stranger to noise due to Sarasota High School; that cheering for football, baseball, and soccer games is often heard; that the Novus Street neighborhood is the wrong neighborhood in which to live if noise is a problem; that skateboarding will not go away no matter the building or location of a skateboard park; that a child of four years of age is on a neighborhood street every day for two to three hours per day with a skateboard; that the child may be a champion in the future; that the child skateboarding in the street would be better off skating in a park; that a skateboard park does not yet exist for the child who resides only a block away from the proposed skateboard park at Payne Park; that the youth in the audience are referred to as "kids"; that the youth would be better named as "under-served citizens"; the youth may not be property owners and may not be paying property tax; however, the youth are citizens of the community who wish to recreate legally and safely; that an ideal location for a skateboard park exists at Payne Park; that the advantage of Payne Park is the site location and the opportunity to develop a site on which little development exists at this time; that no facilities currently exist in Payne Park; that a facility may be easily constructed due to the lack of buildings on the property; that Payne Park is the right place; that now is' the time; that the constituency requires service and has been waiting for a skateboard park forever; that the commencement of construction of the skateboard park at Payne Park is strongly requested. BOOK 51 Page 22814 03/04/02 6:00 P.M. BOOK 51 Page 22815 03/04/02 6:00 P.M. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to approve and direct Staff to issue the Request for Proposal for the design/build of a skateboard park at Payne Park. Commissioner Martin stated that the shortest timeframe for the construction of the skateboard park in Payne possible Park is supported; that precluding the option of private development of the skateboard park is not supported; that additional time to study every available option is supported; that the skateboard park should be constructed as soon as possible; that other skateboard parks have been evaluated; that the type of involved in skateboarding is known; that activity is skateboarding a family activity involving spectators; that a skateboard park is a safe place and many expressed fears are unfounded; that the funding for the skateboard park has not yet been completed; that one-third to one-half of the funding is currently allocated; that budget workshops will commence in July 2002; that sources will funding be reviewed at that time; that naming will be available for private individuals who wish to privileges share in the interest of providing the skateboard park for the young and young-at-heart in the community; that commencing construction of the skateboard park is supported. Commissioner Palmer concurred and stated that the construction of a skateboard park at Payne Park is supported; that allowing additional time to consider a private/public partnership if necessary is supported; that hopefully, the Administration will adhere to the wishes of the Commission to support an allowance for additional time; that individuals who wish a public partnership may be waiting for the Commission to move forward sO a concept may be presented; that a private/public partnership which would not extend the length of time for construction and issuance of the contract is supported; that living adjacent to the Cardinal Mooney High School, football game nights can be very noisy; that moving closer to Cardinal Mooney High School is being considered; that the sounds of the youth are enjoyed; that the noise from the skateboard park will not be at a disturbing level; that the study concerning parks will evaluate the necessity for the City to modernize connectivity facilities and update City amenities to the 21st century; that modernized facilities are not currently available; that skateboard parks and other type facilities catering to the youth are required; that facilities for people of all ages must be provided; that the time to move forward with the skateboard park is past; that Payne Park is an appropriate location for that the skateboard a skateboard park; skateboard park at Payne Park may not be the park the City will construct but must be the first. only Vice Mayor Quillin stated that a skateboard personally supported for years; that the park has been the skateboard park is not Payne Park location for supported; that various parks in the region have been evaluated; skateboard skateboarders cannot be mixed; that different levels of will be that more than one skateboard required; that former Mayor and park obtained $100,000 in funding which Commissioner Albert Hogle Park; that may only be utilized in limiting the allocation of Payne disappointing; that a passive funding to one area is been fought; that the skateboard park is planned but has that the Staff skateboarders do not support a passive park; report concerning the options skateboard park is available for the information disappointing; that a large amount was personally provided to Staff; of from various that information developers of skateboard parks types of construction materials regarding various Staff; that the types of was obtained and presented to materials have changed from skateboard parks; that one recent the original currently available for the publication indicates materials three construction of a skateboard park are layers of surface, 12-gauge galvanized steel layered with one-half inch base over- polyurethane for noise topped with a skate light pro-riding reduction, and surface; that prefer the feel of wood and the skateboarders stunts. enjoy metal for. some of the Vice. Mayor Quillin continued that the RFP park at Payne Park will be constructed indicates the skateboard built skateboard of cement; that a park in North Port, Florida, recently problems with the cement; that the City's encountered some a good, useable park; that the skateboard park must be City is for skateboarders; that only planning a facility allow in-line many skateboard parks are developed to skating and bikes at certain times in the that a facility must be available at the skateboard facility; the park; that a private or park to manage public/private skateboard park is supported; that the partnership for the are results of Staff's efforts disappointing; that other locations are available. Vice Mayor Quillin further stated that residents Mobile Home Park (SMHP) still live in of the Sarasota is under an obligation to Payne Park; that the City mobile maintain the SMHP until home Owners continue to live at SMHP; that closed; that neighborhood to Payne Park is not the surrounding completely skateboard park; that the community would like supportive of the a good park for the BOOK 51 Page 22816 03/04/02 6:00 P.M. BOOK 51 Page 22817 03/04/02 6:00 P.M. children to utilize; that the City has three acres adjacent to the Bobby Jones Sports Complex on 17th Street which could be dedicated to the sport of skateboarding; that the youths in the audience would support a skateboard park built on the 17th Street site if polled; that the timeline indicated in the RFP is incorrect; that a skateboard park can be constructed in less than a year; that the proposed RFP is not in the best interest of the City; that the motion will not be supported. Mayor Mason stated that constructive and creative begging for funding will be personally provided; that the motion is supported. Commissioner Martin asked the manner in which the RFP was developed. Mr. Schneider stated that the specifics of the RFP were from the community workshop held at Sarasota High School; developed that the specifics listed in the RFP were provided by the participants of the community workshop; that the participants indicated an interest in a concrete surface; that the City would not be adverse to evaluating other types of surfaces if the Commission wishes. Commissioner Martin stated that the best park with the resources currently available should be provided; that the area identified for the skateboard park is not the area developed as east of the tennis courts; that the skateboard greenspace park would be constructed in an area further to the east of the tennis courts. Mr. Schneider stated that is correct; that the very northeast corner of Payne Park at Adams Lane and School Avenue is the area under consideration for the skateboard park. Commissioner Martin stated that David Malinsky, who is a one- person ad hoc committee under the Parks Board, could be useful in the evaluation of a skateboard park; that the one-person ad hoc committee could be expanded and may be helpful in reviewing or proffering concepts; that Richard Sheldon may also be helpful in sitting on an ad hoc committee to review proposals; that other expertise in the community may be utilized; that an ad hoc committee may be helpful to the process of creating a skateboard park. Commissioner Palmer asked for legal comment concerning the closure of the SMHP. City Attorney Taylor stated that the Commission of April 2002 for closing the SMHP; established a goal that the construction of the skateboard park at permitting for least 225 days; that Payne Park will require at the construction of the should not impact the SMHP unless a skateboard park of the SMHP; that the SMHP should problem occurs in the closing be closed prior to of the skateboard park based on the current construction information. Commissioner Martin as the maker of the motion, with approval of Commissioner Palmer as the seconder, the motion to direct Staff to evaluate wider amended the and other options parameters in the RFP regarding private/public partnerships. Mayor Mason restated and called for a vote on the approve and direct Staff to issue the motion to the Request for Proposal for design/build of a skateboard park at Payne Park direct Staff to evaluate wider and to options parameters in the RFP and other regarding private/public partnerships. Motion (3 to 1): Martin, yes; Palmer, yes; Quillin, carried no; Mason, yes. Vice Mayor Quillin stated that the motion was not to the stipulation the park will be supported due at Payne Park; that the passive and will be located location of the skateboard Park is unfair to the community. park in Payne Mayor Mason stated that the motion did not park. address a passive Vice Mayor Quillin stated that the original motion Commission was for a passive park; that passed by the Commissioner Albert Hogle was adamant former Mayor and regarding a passive park. Mayor Mason stated that former Mayor and now the Chief of Police in Commissioner Hogle is Bradenton, Florida; that the passed this evening is the recommendation motion Attorney Taylor stated that is correct. of Staff. City 15. UNFINISHED BUSINESS: APPROVAL RE: : ACCEPT AUTHORIZE THE CITY AUDITOR AND PETITIONS AND REFERENDUM CLERK TO COMMENCE THE PROCEDURE REGARDING THE ST. ARMANDS NEIGHBORHOOD IMPROVEMENT BUSINESS DISTRICT = APPROVED (AGENDA ITEM VII-2) #3 (0477) through (0647) CD 9:24 through 9:29 BOOK 51 Page 22818 03/04/02 6:00 P.M. BOOK 51 Page 22819 03/04/02 6:00 P.M. V. Peter Schneider, Deputy City Manager, and Michael Connolly, Attorney, City Attorney's Office, came before the Commission. Mr. Schneider stated that the Commission adopted the ordinance allowing the creation of Business and Residential enabling Neighborhood Improvement Districts; that the next step in the process is the presentation of the petitions to the Commission; that the Commercial Landowners Association of St. Armands presented a petition signed by 15 property owners within the proposed Business Improvement District boundaries which meets the statutory requirement of at least 20 percent of the owners in the affected area; that a referendum must be conducted property within 120 days once the petitions are received. Mayor Mason asked for the process of conducting the referendum. Attorney Connolly stated that the referendum is conducted US Postal Service mail; that a written notice will be sent to by each property owner within the proposed Business Improvement District; that a 75-day period will be allowed for owner to indicate a change in property ownership and any have property the correct name listed; that the ballot will be sent by mail to the registered owners for receipt by July 2, 2002; that the proposed Business Improvement District is the Commercial, Tourist Zone District of St. Armands Circle. (CT) Mayor Mason left the Chambers at 9:27 p.m. Martin Rappaport, 1241 Tree Bay Lane (34242), came before the Commission and stated that gratitude is extended for the and leadership of the Commission; that Business and Residential foresight Neighborhood Improvement Districts are a method for to mal ke improvements through self-taxation and neighborhoods will forge pride in the neighborhood as well as the self-help which large; that in compliance with the community at provisions set forth in Section 163.511, Florida Statutes, the Commercial Landowners Association of St. Armands, Inc. is submitting the petition at the current meeting to call for a referendum to determine if a Business Improvement District should be created for the CT Zone District of St. Armands Circle; that the Business Improvement District at St. Armands Circle will set an example which other neighborhoods in the City will look to imitate; that the courage and of the Commission is appreciated; that the Commercial support Landowners Association of St. Armands, Inc., looks forward to working with the City in the first endeavor of a Business Improvement District. Mayor Mason returned to the Chambers at 9:31 p.m. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to accept the petitions from the property owners of the Commercial, Tourist (CT) Zone District at St. Armands Circle and authorize the City Auditor and Clerk to commence the referendum procedure. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 16. UNFINISHED BUSINESS: APPROVAL RE: NEIGHBORHOOD GRANT SCHOLARSHIP FOR NEIGHBORHOOD REPRESENTATIVES TO ATTEND THE NEIGHBORHOODS USA (NUSA) CONFERENCE TO BE HELD IN HOUSTON, TEXAS - FROM MAY 22-25, 2002 APPROVED WITH CHANGES TO L INCLUDE TRANSPORTATION COSTS TO/FROM AIRPORT, /HOTEL AS A COVERED EXPENSE (AGENDA ITEM III-A-2) #3 (0647) through (0935) CD 9:29 through 9:37" Vice Mayor Quillin stated that the funding provided to attend the Veighborhoods USA (NUSA) Conference should not be a specific amount but rather up to a certain amount; that some neighborhood representatives may wish to drive to the conference rather than use air transportation; that the document entitled Neighborhood Grant. Scholarship included in the Agenda backup material indicates transportation to and from the airport/hotel is not covered by the scholarship fund; that round-trip transportation to the airport on a recent trip to Pittsburgh, Pennsylvania, cost $30; that transportation to and from the airport/hotel should be included under the scholarship grant funding; and asked if the scholarship grant will fund the tax on the airline ticket? City Manager McNees stated yes. Vice Mayor Quillin stated that transportation to and from the airport should be covered if air transportation is utilized. Commissioner Palmer stated that the original language for the allocation of the scholarship grant funding was unclear; that the Administration was directed to specify the allocation of the grant funding; that the neighborhood representative will use the grant funding for a hotel room and registration costs; that the remaining funding may be utilized for a travel of choice; that the City is encouraging the utilization of double-occupancy at the hotel; that the neighborhood representative should pay the BOOK 51 Page 22820 03/04/02 6:00 P.M. BOOK 51 Page 22821 03/04/02 6:00 P.M. difference if a single-occupancy hotel room is asked for clarification requested; and regarding the individuals with outstanding debt to the City from previous conferences. V. Peter Schneider, Deputy City Commission and stated that Manager, came before the determining the fixed enable the neighborhood costs would representative to based on the neighborhood budget for the trip individual grant funding allocated; that one participated in a State conference in and has not paid the difference Orlando in 2001 between a double- and single-gccupancy hotel room. Vice Mayor Quillin asked if the individual neighborhood. Mr. Schneider stated represented a yes. Vice Mayor Quillin stated that the able to apply for the neighborhood should not be neighborhood grant the neighborhood grant scholarships or any of programs until the individual amount owed. pays the Mayor Mason asked if the neighborhood association individual is in arrears to the is aware the City? Mr. Schneider stated no. Mayor Mason stated that the neighborhood association be penalized if unaware of the individual's should not debt. Vice Mayor Quillin stated that the City should neighborhood association. notify the Commissioner Martin stated that an odd number of representatives may attend the NUSA Conference; and neighborhood asked if single-occupancy rate would be provided for the odd individual? the Vice Mayor Quillin stated that $700 has been allocated. Commissioner Martin stated that the odd individual could have single-occupancy funded by the neighborhood but the remaining neighborhood grant scholarship representatives should utilize double-occupancy rates. Vice Mayor Quillin stated that flexibility in the the $700 in the scholarship allocation of neighborhood grant funding will allow the representatives to utilize the funding as desired. Mr. Schneider asked if the wish of the Commission is to allow the transportation to and from the airport and/or hotel as an allowable cost? Vice Mayor Quillin stated yes. Mr. Schneider stated that the change will be included in the Neighborhood Grand Scholarship document. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item No. III-A-2 with changes to include transportation costs to/from airport/hotel as a covered expense. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. 17. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AGREEMENTS FOR NEIGHBORHOOD ASSOCIATION GRANTS BETWEEN THE CITY OF SARASOTA AND PARK EAST COMMUNITY ASSOCIATION REQUEST FOR A PICKET FENCE IN THE AMOUNT OF $2,000, AND ROSEMARY DISTRICT NEIGHBORHOOD ASSOCIATION REQUEST FOR A DIGITAL RECORDER AND NEIGHBORHOOD LOGO IN THE AMOUNT OF $1,797.85 - APPROVED THE GRANT OF $500 FOR THE ROSEMARY DISTRICT NEIGHBORHOOD LOGO; CONTINUED CONSIDERATION OF THE PARK EAST NEIGHBORHOOD GRANT TO THE MARCH 18, 2002, REGULAR COMMISSION WITH THE ADMINISTRATION TO OBTAIN ADDITIONAL INFORMATION FOR . COMMISSION CONSIDERATION (AGENDA ITEM III-A-3) #3 (0935) through (1442) CD 9:37 through 9:51 Vice Mayor Quillin stated that neighborhood grant funding is recommended for a picket fence in the Park East neighborhood and asked the location of the proposed fence? Kathlyn Viera, Neighborhood Coordinator, Neighborhood Development, came before the Commission and stated that the Location of the fence is unknown. Vice Mayor Quillin stated that the lack of information regarding the location of the fence is a concern; that the concern is if the fence will be constructed on City property, on a right-of-way, or on private property; that legal implications exist. BOOK 51 Page 22822 03/04/02 6:00 P.M. BOOK 51 Page 22823 03/04/02 6:00 P.M. V. Peter Schneider, Deputy City Commission and stated that the fence Manager, came before the to is intended for a replace a chain-link fence for Crime residence Environmental Prevention Through Design (CPTED) compatibility and with the neighborhood aesthetics. compatibility Vice Mayor Quillin asked the reason a picket fence is compliant than a chain-link fence. more CPTED Commissioner Martin stated that a picket fence is pleasing. aesthetically Vice Mayor Quillin stated that the for private property City's purchase of a fence through the neighborhood grant concern; that the public program is a private purpose of purchasing a fence for property and the liability that telephone calls will be received implications are unknown; represented district from residents in the for crime requesting the City purchase picket fences prevention purposes. Commissioner Palmer stated that the allocation went through a review and recommendation of grant funding approval. process for Commission Mayor Mason stated that the neighborhood indicates several homes will be fenced with grant application a picket fence. Ms. Viera stated that Neighborhood representatives of the Park East Association informed Staff a fence will be for an additional property if extra provided funding is available. Vice Mayor Quillin stated that the fences on private City may not wish to install property. Commissioner Martin stated that several established in the Lido Shores years ago, a precedent was fence was installed with neighborhood in which a security funding through a grant; that the concern City neighborhood regarding the is shared; that a Workshop is neighborhood grant program neighborhood requested prior to the next grant funding cycle; that the allocation of neighborhood grant funds should be more closely the neighborhood grant funds are important to provide controlled; that needs; however, the for neighborhood neighborhood problems with purchases through the grants have been troubling; that the grant program should be reviewed; that neighborhood concurrence is shared that the explanation for funding for the picket fence in the Park East neighborhood is vague. City Manager McNees referred to the Neighborhood Grant Application included in the Agenda backup material indicating that a picket fence will be provided for two homes through the community-build model; and stated that the definition of a community-build model is not known; that neighborhood grant funding can be disapproved if the Commission wishes. Vice Mayor Quillin stated that Staff was unsure of the location of the picket fence and could not locate the minutes from the meeting at which the decision regarding the picket fence was reached; that the picket fencing for the Park East neighborhood cannot be approved if not understood; and asked if additional information can be provided to the Commission? City Manager McNees stated that additional information will be obtained and presented to the Commission at the March 18, 2002, Regular Commission meeting. Commissioner Palmer stated that a representative of the Park East Neighborhood Association is not at the current meeting due to a prior commitment; that delaying a decision to the March 18, 2002, Regular Commission meeting is supported. Vice Mayor Quillin stated that the Rosemary District Neighborhood Association indicated a digital recorder is not required but would appreciate approval for the $500 grant for the neighborhood logo. On motion of Vice Mayor Quillin and second of Commissioner Palmer, it was moved to approve the Rosemary District neighborhood logo grant for $500. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Commissioner Palmer stated that consideration of the Park East neighborhood grant should be continued to the March 18, 2002, Regular Commission meeting; that the Administration should discuss the specifics with representatives of the Park East Neighborhood Association for presentation to the Commission. Vice Mayor Quillin and Martin agreed. Mayor Mason stated that the Commission's consensus is for the Administration to obtain additional information and to continue BOOK 51 Page 22824 03/04/02 6:00 P.M. BOOK 51 Page 22825 03/04/02 6:00 P.M. consideration of the Park East neighborhood March 18, 2002, Regular Commission. grant at the Commissioner Martin stated that the concept of a project is recalled; that a picket fence is considered community-build friendly and aesthetic for more neighborhoods than other kinds of fences; that constructing the picket fences becomes a volunteer community project; that the Neighborhood Grant indicates the picket fences for the Park East Application based on the community-build neighborhood are project model; that information regarding the community-build project would be interesting. Mayor Mason stated that a controversy occurred at the time the Rosemary District was named; that a compromise was reached indicated the proposed neighborhood logo would be which as follows: approximately The Rosemary District-Home of the Historic Overtown Community Mayor Mason stated that the compromise should not be that the Florida Historical Commission will forgotten; District in the near future; that the tour the Rosemary be neighborhood logo should developed as soon as possible. Vice Mayor Quillin stated that historic preservation be available for the Rosemary District as the grants may been historically designated. neighborhood has Mayor Mason stated that notification of historical has not been received concerning the designation time. Rosemary District at this Commissioner Palmer stated that a recent Coalition of Neighborhoods Association (CCNA) City CCNA members meeting was attended; that the were concerned regarding an individual who was required to provide a personal social security number to cash a neighborhood grant check; that providing a social number to cash a neighborhood grant check is not security the Administration is supported; that reviewing the situation. Ms. Viera stated that originally, neighborhood directly received by neighborhood grants were associations; that no accountability existed if neighborhood grant funding was as the neighborhood associations are not misused checks are now issued incorporated; that the directly to the vendors; that neighborhood associations will no longer be required to utilize social security numbers. Commissioner Palmer stated that CCNA should be contacted and provided the information; that members of the CCNA were very concerned. Commissioner Martin stated that the Southeast Sarasota Neighborhood Association also has similar concerns. Mayor Mason stated that the Rosemary District Neighborhood Association may wish to inform the Commission if a grant application is processed at the State level. 18. NEW BUSINESS: APPROVAL RE: : PUBLICATION OF THE ACTION TAKEN BY THE CITY COMMISSION IN RESOLUTION NO. 02R-1478, ADOPTED ON FEBRUARY 19, 2002, EXPRESSING SUPPORT FOR THE RETENTION OF THE PRESENT CORMISSION-MAAGER FORM OF GOVERNMENT APPROVED TO FIND THAT SPENDING FUNDS TO PUBLICIZE THE ACTION TAKEN BY THE COMMISSION IN RESOLUTION NO. 02R-1478 OPPOSING THE "STRONG-MAYOR FORM OF GOVERNMENT IS A BENEFIT TO THE CITY AND TO ALLOCATE $10,000 FROM THE ELECTION ACCOUNT FOR A TELEVISION AND NEWSPAPER ADVERTISING CAMPAIGN AND TO DIRECT STAFF TO CREATE AN EDUCATIONAL AND INFORMATIONAL ADVERTISEMENT SUPPORTING THE COMMISSION- MANAGER FORM OF GOVERNMENT (AGENDA ITEM VIII-1) #3 (1442) through (2014) CD 9:51 through 10:05 Vice Mayor Quillin referred to a February 21, 2002, memorandum from the City Attorney to the City Manager indicating public funds may by utilized to support or oppose an issue before the electorate upon a legislative determination the action would benefit the City and quoting the State Supreme Court in a case concerning Leon County reported at 583 So.2d 1373 as follows: One duty of democratic government is to lead the people to make informed choices through fair persuasion. . [L]ocal governments are not bound to keep silent in the face of a controversial vote that will have profound consequences for the community. Leaders have both a duty and a right to say which course of action they think best, and to make fair use of their offices for this purpose. Vice Mayor Quillin continued that the memorandum also indicated the Attorney General specifically approved the use of municipal BOOK 51 Page 22826 03/04/02 6:00 P.M. BOOK 51 Page 22827 03/04/02 6:00 P.M. funds to purchase newspaper advertisements in support or opposition to a referendum issue; that approval regarding publication and dissemination of the action taken by the Commission in Resolution No. 02R-1478 supporting the retention of the present Commission-Manager form of government is requested. Vice Mayor Quillin stated further that the City should provide the public with accurate information; that the opposition is placing advertisements indicating the City has had three Mayors within a year under the present system of government; that the City has two Mayors each election year; that the position of Mayor is rotated; that the City had three Mayors in one year as one Mayor accepted a position as Chief of Police in Bradenton, Florida; that the Vice Mayor assumed the position of Mayor; that the Coalition for Sarasota's Future does not appear to support democracy; that an informational mailing has been sent to the public; that the appearance is the public did not read the informational mailing; and asked the cost of advertising in Saraseta-Herald Tribune, : the Pelican Press, The Bulletin, and the Tempo News? City Auditor and Clerk Robinson distributed a document entitled Special Charter Referendum - March 12, 2002, and stated that $50,000 was budgeted for the election of which approximately $10,000 remains; that a three-quarter-page advertisement is $2,500, a half-page advertisement is $1,259, and a quarter-page advertisement is $639 in the Sarasota Herald-Tribune; that the Tempo News and The Bulletin generally are less than the Sarasota Herald-Tribune. Commissioner Martin asked the deadline to provide an advertisement to the newspapers? City Auditor and Clerk Robinson stated that the deadline for the Sarasota Herald-Tribune is Wednesday afternoon; that the City may have difficulty making the deadline. The following people came before the Commission: Richard Sheldon, 526 South Osprey Avenue (34236), stated that the City requires a government with elected officials who respect fellow citizens and have the wisdom to manage the assets of the City; that government requires a Commission who are honest and committed to the point of altruistic and a tiger of a City Manager; that the City has such people; that being a citizen of the City is a source of pride; that the prospect of citizens' not having input in the City government is scary; that the voters are requested to vote against the "Strong-Mayor" referendum. Vice Mayor Quillin stated that Citizens' Input on City Topics may be removed from the Agenda if the "Strong-Mayor" referendum passes; that the "Strong-Mayor" would be in charge of the Agenda. James Cooney, 720 Garfield Drive (34236), President, Coalition of City Neighborhoods Association (CCNA), stated that advice will be proffered on the Mayor-too-Strong issue; that a forum was held at the February 2, 2002, meeting of the CCNA; that proponents of the "Strong-Mayor" and the Commission-Manager: forms of government made presentations regarding the details of the referendum; that the referendum was discussed by the members of the CCNA at the March 2, 2002, meeting at which the CCNA opposed the "Strong-Mayor" referendum in a unanimous vote; that the members of the CCNA will vote against the "Strong-Mayor" referendum on March 12, 2002; that the Commission's position on the "Strong-Mayor" referendum is pleasing; that advertising the Commission's position concerning the "Strong-Mayor" referendum is supported; that best wishes for success of the City and the citizens in the March 12, 2002, election are extended. Vice Mayor Quillin stated that not everyone reads the print media; that $10,000 is available; that a 30-second television advertisement may be utilized. City Auditor and Clerk Robinson stated that a television advertisement can be accomplished. Vice Mayor Quillin stated that the citizens should be informed the information being disseminated by the proponents of the "Strong Mayor" is incorrect; that the public should be provided with the facts. Commissioner Palmer stated that the City Auditor and Clerk and Staff should decide the best course of action to advertise the Commission's position regarding the "Strong-Mayor" referendum; that the available funding is unknown. City Auditor and Clerk Robinson asked if the advertisements should be divided between the television and print media? BOOK 51 Page 22828 03/04/02 6:00 P.M. BOOK 51 Page 22829 03/04/02 6:00 P.M. Vice Mayor Quillin stated yes. Commissioner Martin stated that the language in the advertisements will require a decision; and asked the language of the advertisement for the print media? Vice Mayor Quillin stated that the Commission is limited under the protection of the State Supreme Court; that the public must be educated through the advertisement which should not criticize the "Strong-Mayor" referendum but merely offer accurate information to the public; that the public does not appear impressed the Charter Review Committee voted against the "Strong-Mayor" form of government; however, the public is impressed the Commission passed a resolution supporting the Commission-Manager form of government. Mayor Mason stated that support is offered for the Office of the City Auditor and Clerk to create educational and informational advertisements. Commissioner Martin concurred and stated that the advertising campaign by supporters of the "Strong-Mayor" referendum is providing the public with misinformation; that the Commission should provide accurate information; that the timeline is a concern; that the consensus to direct Staff to create an educational and informational advertisement campaign is supported. On motion of Commissioner Palmer and second of Vice Mayor Quillin, it was moved to allocate $10,000 for an advertising campaign and direct Staff to create an educational and informational advertisement supporting the Commission-Manager form of government. City Attorney Taylor stated that the State Attorney General has rendered opinions concerning spending public funds for referendum issues; that elected officials must make a determination the publicizing action is a benefit to the City; therefore, the Commission should make a determination expending City funds to publicize support of the Commission-Manager: form of government is a benefit to the City. Commissioner Palmer as the maker of the motion, with the approval of Vice Mayor Quillin as the seconder, included in the motion a determination that spending funds to publicize the action taken by the Commission in Resolution No. 02R-1478 is a benefit to the City. Commissioner Palmer stated that the City Auditor and Clerk understands the ethics of the action the City may take; that the City Auditor and Clerk and the City Attorney will assure the action taken is appropriate for the Commission. Mayor Mason requested that the City Auditor and Clerk restate the motion. City Auditor and Clerk Robinson restated the motion as to find that spending funds to publicize the action taken by the Commission in Resolution No. 02R-1478 opposing the "Strong- Mayor" form of government is a benefit to the City, to allocate $10,000 from the election account for television and newspaper advertising, and to direct Staff to create an educational and informational advertisement supporting the Commission-Manager form of government. Mayor Mason called for a vote on the motion. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Vice Mayor Quillin stated that the City Auditor and Clerk can return for a Special Allocation if additional funding is required. Commissioner Palmer stated that the funding allocated at this time is $10,000. 19. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (2020) CD 10:05 There were no Commission Board or Committee reports. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA AMENDED A PREVIOUS MOTION TO PASS PROPOSED ORDINANCE NO. 02-4368 ON FIRST READING TO ADD REFERENCE TO PUBLICATION NO. FHWA-RD-00-067, ROUNDABOUTS: AN INFORMATIONAL GUIDE, PUBLISHED BY THE FEDERAL HIGHWAY ADMINISTRATION, US DEPARTMENT OF TRANSPORTATION AS A GUIDE TO STREET DESIGN (AGENDA ITEM X) #3 (2020) through (3655) CD 10:05 through 10:37 BOOK 51 Page 22830 03/04/02 6:00 P.M. BOOK 51 Page 22831 03/04/02 6:00 P.M. VICE MAYOR QUILLIN: A. stated that the Commission approved the Engineering Design Criteria Manual (EDCM) under Agenda Item IV-A-6; that the EDCM does not have criteria for roundabouts; that the suggestion is to amend the motion made under Agenda Item IV-A-6 to include Publication No. FHWA-RD- 00-067, Roundabouts: An Informational Guide, published by the Federal Highway Administration, US Department of Transportation. Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the following motion is suggested for consideration: A motion to amend a previous motion to pass proposed Ordinance No. 02-4368 on first reading to add reference to Publication No. FHWA-RD-00-067, Roundabouts: An Informational Guide, published by the Federal Highway Administration, US Department of Transportation as a guide to street design. On motion of Vice Mayor Quillin and second of Commissioner Martin, it was moved to amend a previous motion to pass proposed Ordinance No. 02-4368 on first reading under Agenda Item IV-A-6 to add reference to Publication No. FHWA-RD-00-067, Roundabouts: An Informational Guide, published by the Federal Highway Administration, US Department of Transportation as a guide to street design. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Mason, yes. Vice Mayor Quillin stated that she and Commissioner Palmer serve as the City's representatives on the Sarasota-Bradenton Metropolitan Planning Organization (MPO); that an excellent presentation by Michael Wallwork, P.E., Principal, Alternate Street Design, P.A., was heard at the MPO; that an open Town Hall meeting at which Mr. Wallwork could make a presentation and respond to questions from the public could be held; that Mr. Wallwork charges a fee; that the MPO paid a fee and will bring Mr. Wallwork back to review and analyze traffic intersections in Manatee and Sarasota Counties; that many intersections reviewed being in Sarasota County are in the City; that the could analysis be presented at a Town Hall meeting; that the City's MPO representatives could hold the Town Hall meeting; and asked if the other Commissioners would be willing to participate in the Town Hall meeting? Commissioner Palmer stated yes. Commissioner Martin stated that the presentation was attended; that Mr. Wallwork is impressive and has a convincing presentation; that the MPO voted unanimously to have the analysis conducted to determine if roundabouts are a good option; that a Town Hall meeting is supported; that Mr. Wallwork should make the presentation and could allay the community's fears concerning roundabouts. Commissioner Palmer stated that the idea is supported; that many members of the community have written letters to the Commission and to the editors of the print media since the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) was completed; that much misinformation about roundabouts exists in the community and should be clarified; that Mr. Wallwork makes an excellent presentation; that a roundabout could be constructed at the intersection of Gulf Stream Avenue and US 41; that the community must be convinced a roundabout is appropriate at the location; that the MPO passed a motion to include the concept of roundabouts in the work program in Sarasota and Manatee Counties; that the entire area is beginning to çonsider methods to move traffic quickly and safely, which is not being accomplished at this. time; that every road cannot be widened; therefore, other methods of moving traffic must be explored. Commissioner Palmer continued that a presentation concerning the bus system between Sarasota and Manatee Counties is being made by the MPO; that a Commission workshop should be scheduled to discuss the subject. Vice Mayor Quillin stated that the MPO is not holding a March 2002 meeting. B. stated that" one possible incentive for historic preservation is to convert an historic structure to a bed and breakfast (B&B); that the City just approved an Historic Preservation Chapter to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan); that at present, B&Bs, which are considered commercial endeavors, are not allowed in the City's residential neighborhoods; that offering the opportunity to BOOK 51 Page 22832 03/04/02 6:00 P.M. BOOK 51 Page 22833 03/04/02 6:00 P.M. develop a B&B to encourage historic preservation does not cost the City and could result in the preservation of historic structures in the City which may not otherwise survive; that the City could regulate B&Bs. C. stated that a personal letter to the editor concerning the "Strong-Mayor" proposal was sent to the various print media; that the title is: Our City is under siege by a small group of wealthy, mostly non-City residents and they want your vote. Beware of the slick ads. Vice Mayor Quillin stated that the neighborhoods are being personally walked; that all Commissioners should be actively involved to assure the referendum for the "Strong Mayor" is defeated. D. stated that the job description for the Director of the Department of Neighborhoods previously included a requirement to live in the City; that an incentive is provided to police officers to live in the City, which is supported; that previous Commissions have discussed a requirement for department heads to live in the City; that the Department of Human Resources estimates approximately 30 percent of the City's 850 employees live in the City; that the number should increase; that everyone should invest in the community; that adequate income-sensitive housing should be provided; that the City should have people at all economic levels; that Naples, Florida, has experienced the problem of not having housing for people of all income levels and is now trying to provide low- to moderate-income housing; that the suggestion is for new department heads to live in the City which should be a goal. Mayor Mason stated that the concept can be discussed. Vice Mayor Quillin stated that banks could be approached to provide low-interest loans to City employees who qualify and move into the City. Commissioner Martin stated that City residency should not be a job requirement; however, incentives should be provided. Commissioner Palmer stated that City residency of City employees was discussed at length at the Coalition of City Neighborhoods Association; that an incentive program would be wonderful; that requiring City residency for City employment should be discussed with the Charter Officials. Vice Mayor Quillin stated that incentives should be offered; that department heads should live in the City; that City residency was previously a requirement for the Director of the Department of Neighborhoods. MAYOR MASON: A. stated that she and the Director of Downtown Redevelopment went to Tallahassee, Florida, to lobby the local Legislative delegation concerning House Bill (H.B.) 1341; that H.B. 1341 was discussed with Donna Clarke, State Representative, House District 64; that some suggested changes will likely be incorporated; that the Director of Downtown Redevelopment is also working with Nancy Detert, State Representative, House District 70, concerning the bill. B. stated that Lisa Carlton, State Senator, District 24, was visited to discuss State funding for the Federal Building; that the funding will likely be cut from $350,000 . to $150,000; however, in the past, the projects ranked the highest were fully funded with no funding provided to other projects; that 59 historic preservation projects were approved for funding; that the recommendation was to reduce the funding for all projects rather than fully funding a select number and not funding others; that Senator Carlton will fight for the historic preservation projects in Sarasota County. C. stated that new police officers were recently sworn in and should be recognized. City Auditor and Clerk Robinson stated that the new police officers will be recognized at the March 18, 2002, Regular Commission meeting. BOOK 51 Page 22834 03/04/02 6:00 P.M. BOOK 51 Page 22835 03/04/02 6:00 P.M. COMMISSIONER MARTIN: A. stated that work will continue to defeat the "Strong- Mayor" referendum; that once the referendum is defeated, the City can move forward. COMMISSIONER PALMER: A. stated that the City continues to move forward; that the "Strong-Mayor" referendum will be defeated on March 12, 2002; that appreciation is extended to the speakers who spoke against the "Strong-Mayor" referendum under Citizens' Input; that one issue which is consistently raised by the proponents of the "Strong-Mayor" referendum is the Van Wezel Performing Arts Hall (VWPAH) renovation project; that a meeting of the VWPAH Board was recently attended; that many articles concerning the positive programs at the VWPAH have been reported in the newspapers recontly; that several recent pertormances at the VWPAH were recently attended; that all the programs were enjoyable and received standing ovations; that the efforts of the VWPAH Staff are appreciated; that the VWPAH Executive Director was requested to provide the Commission with information concerning the positive programs at the VWPAH. Vice Mayor Quillin stated that due to good leadership, pressure was placed on the Administration to make a change of the VWPAH management; that many were happy with the return of John Wilkes as the VWPAH Executive Director. John Wilkes, VWPAH Executive Director, came before the Commission and stated that the comments are appreciated; that a number of accomplishments were reported at the VWPAH Board meeting; that performances at the VWPAH are being well covered by the local print media; that ticket sales are upi that the hope is to half the deficit from last year; that much favorable press has been received. Commissioner Palmer stated that the deficit will be cut in half in one year. Mr. Wilkes stated that is correct; that a March 3, 2002, article in the Sarasota Herald-Tribune indicated VWPAH ticket sales were shrinking; that ticket sales are not shrinking but rather are up 7 percent over last year's sales with fewer performances; that the VWPAH is in a good position; that mistakes were made during the VWPAH renovation project; that all four principle parties, i.e., the City, the construction manager, the owner's representative, and the architect, made mistakes; that the City must have a strong VWPAH; that the hard work during the past year has made strides possible; that the public will view the VWPAH as a business; that tickets are being sold; that corporate sponsors are being gained; that more private citizens are investing in the VWPAH; that more grants have been received, including a grant from the State Division of Cultural Affairs; that the VWPAH is in good shape and will be in better shape in the future, to which a personal commitment has been made. City Manager McNees stated that to paraphrase Mark Twain, the rumors of the demise of the VWPAH are greatly exaggerated and politically inspired; that John Wilkes is publicly thanked for his efforts and leadership; that the programming is varied and successful. Mayor Mason stated that a performance at the VWPAH was recently attended; that the rumors are unfounded based on the attendance at the performance; that the truth is known; and thanked Mr. Wilkes for the leadership provided. Vice Mayor Quillin stated that Mr. Wilkes has been active in the community_and been, of great assistance with the Sister * Cities Association and the City's 100th Anniversary celebration; and thanked Mr. Wilkes for his efforts. Mr. Wilkes stated that the VWPAH is a wonderful theater, the best in the country, and has the support of the Commission and the public; that the VWPAH Board and the Van Wezel Foundation have excellent members who actively promote the VWPAH; that the VWPAH has an excellent Staff. Vice Mayor Quillin stated that the VWPAH is an excellent example of the achievements of orofessional management. Mr. Wilkes stated that the hope is to report only good news. Commissioner Martin stated that a memorial for a great jazz performer, Jerry Jerome, was attended at the VWPAH; that the people in the community who paid tribute by performing on stage were wonderful; that the VWPAH is meaningful to the non-profit organizations such as the Florida West Coast Symphony Orchestra BOOK 51 Page 22836 03/04/02 6:00 P.M. BOOK 51 Page 22837 03/04/02 6:00 P.M. and the Sarasota Ballet as well as other community groups; that the memorial performance was touching; that the lights go down and the audience is transported. Mr. Wilkes stated that the memorial performance was wonderful; that every program at the VWPAH is special and touches many people in the community; that 99.9 percent of the people in the community wish the VWPAH to succeed; that the City must publicize the story of the VWPAH better; that 25,000 students come to the VWPAH annually, generally with busing subsidized by the VWPAH; that the VWPAH is in the top two percentile of earned income of pertorming arts halls in the country; that many wonderful stories can be told. Commissioner Palmer asked for additional information concerning the DeSoto school students who will be visiting the VWPAH. Mr. Wilkes stated that an entire school, i.e., 750 students, will be bused to the VWPAH fom DeSoto County for a program wiih tne Ailey American Dance Theater the week of March 11, 2002; that 50 students from one school and 35 students from another school came to see a pertormance at the VWPAH on a day school was not in session; that the schools are in DeSoto and Charlotte Counties; that many people in four counties are being served. Commissioner Palmer stated that the VWPAH story should be told; that the negativism about the VWPAH is a concern; that the wonderful things are happening at the VWPAH; that the achievements of the VWPAH can be reported on AccessSarasota, Channel 19; that the wonderful things happening at the VWPAH are a source of pride. Vice Mayor Quillin stated that thanks are extended to the VWPAH Staff. City Auditor and Clerk Robinson stated that a story concerning the VWPAH educational program was previously run on AccessSarasota, Channel 19. 21. OTHER ATERS/APMTISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (3655) through (3765) CD 10:37 through 10:39 CITY ATTORNEY TAYLOR: A. stated that the status of the lawsuit involving the Van Wezel Performing Arts Hall was previously reported to the Commission; that the City is involved in a process which will require a considerable amount of time; that no immediate news can be reported; that the lawsuit is progressing and is at the correct stage; that the Commission will be advised on a quarterly basis unless any important event develops. CITY AUDITOR AND CLERK ROBINSON: A. stated that the dedication for the Ken Thompson Reflecting Pool will be held on April 2, 2002, from 5 to 7 p.m. with the dedication at 6 p.m.i that $18,200 was raised from the public towards the cost. 22. ADJOURN (AGENDA ITEM XII) #3 (3765) CD 10:39 There being no further business, Mayor Mason adjourned the Regular meèting of March 4, 2002, at 10:45 p.m. Caslos la ( G.Ma AB e CAROLYN J. MASON, MAYOR ATTEST: 2dely E Robs 6 BILLY E. CROBINSON, CITY AUDITOR AND CLERK BOOK 51 Page 22838 03/04/02 6:00 P.M.